European Union (Withdrawal) Bill

COMMONS AGREEMENT AND AMENDMENTS TO AMENDMENT

[The page and line references are to HL Bill 79, the bill as first printed for the Lords.]

LORDS AMENDMENT 19

Before Clause 9

Insert the following new Clause—

“Parliamentary approval of the outcome of negotiations with the European

Union

(1)    

Without prejudice to any other statutory provision relating to the

withdrawal agreement, Her Majesty’s Government may conclude such an

agreement only if a draft has been—

(a)    

approved by a resolution of the House of Commons, and

(b)    

subject to the consideration of a motion in the House of Lords.

(2)    

So far as practicable, a Minister of the Crown must make arrangements for

the resolution provided for in subsection (1)(a) to be debated and voted on

before the European Parliament has debated and voted on the draft

withdrawal agreement.

(3)    

Her Majesty’s Government may implement a withdrawal agreement only

if Parliament has approved the withdrawal agreement and any transitional

measures agreed within or alongside it by an Act of Parliament.

(4)    

Subsection (5) applies in each case that any of the conditions in subsections

(6) to (8) is met.

(5)    

Her Majesty’s Government must follow any direction in relation to the

negotiations under Article 50(2) of the Treaty on European Union which

has been—

(a)    

approved by a resolution of the House of Commons, and

(b)    

subject to the consideration of a motion in the House of Lords.

(6)    

The condition in this subsection is that the House of Commons has not

approved the resolution required under subsection (1)(a) by 30 November

2018.

(7)    

The condition in this subsection is that the Act of Parliament required

under subsection (3) has not received Royal Assent by 31 January 2019.

(8)    

The condition in this subsection is that no withdrawal agreement has been

reached between the United Kingdom and the European Union by 28

February 2019.

(9)    

In this section, “withdrawal agreement” means an agreement (whether or

not ratified) between the United Kingdom and the EU under Article 50(2)

of the Treaty on European Union which sets out the arrangements for the

United Kingdom’s withdrawal from the EU and the framework for the

United Kingdom’s future relationship with the European Union.”

COMMONS AMENDMENTS IN LIEU

The Commons disagree to Lords Amendment 19 but propose Amendments 19A

and 19B in lieu—

Before Clause 9

Page 8, line 43, at end insert the following new Clause—

“Parliamentary approval of the outcome of negotiations with the EU

(1)    

The withdrawal agreement may be ratified only if— 

(a)    

a Minister of the Crown has laid before each House of Parliament—

(i)    

a statement that political agreement has been reached,

(ii)    

a copy of the negotiated withdrawal agreement, and

(iii)    

a copy of the framework for the future relationship,

(b)    

the negotiated withdrawal agreement and the framework for the

future relationship have been approved by a resolution of the

House of Commons on a motion moved by a Minister of the Crown,

(c)    

a motion for the House of Lords to take note of the negotiated

withdrawal agreement and the framework for the future

relationship has been tabled in the House of Lords by a Minister of

the Crown and—

(i)    

the House of Lords has debated the motion, or

(ii)    

the House of Lords has not concluded a debate on the

motion before the end of the period of five sitting days

beginning with the first sitting day after the day on which

the House of Commons passes the resolution mentioned in

paragraph (b), and

(d)    

an Act of Parliament has been passed which contains provision for

the implementation of the withdrawal agreement.

(2)    

So far as practicable, a Minister of the Crown must make arrangements for

the motion mentioned in subsection (1)(b) to be debated and voted on by

the House of Commons before the European Parliament decides whether it

consents to the withdrawal agreement being concluded on behalf of the EU

in accordance with Article 50(2) of the Treaty on European Union.

(3)    

Subsection (4) applies if the House of Commons decides not to pass the

resolution mentioned in subsection (1)(b).

(4)    

A Minister of the Crown must, within the period of 28 days beginning with

the day on which the House of Commons decides not to pass the

resolution, make a statement setting out how Her Majesty’s Government

proposes to proceed in relation to negotiations for the United Kingdom’s

withdrawal from the EU under Article 50(2) of the Treaty on European

Union.

(5)    

A statement under subsection (4) must be made in writing and be

published in such manner as the Minister making it considers appropriate.

(6)    

This section does not affect the operation of Part 2 of the Constitutional

Reform and Governance Act 2010 (ratification of treaties) in relation to the

withdrawal agreement.

(7)    

In this section—

“framework for the future relationship” means the document or

documents identified, by the statement that political agreement has

been reached, as reflecting the agreement in principle on the

substance of the framework for the future relationship between the

EU and the United Kingdom after withdrawal;

“negotiated withdrawal agreement” means the draft of the

withdrawal agreement identified by the statement that political

agreement has been reached;

“ratified”, in relation to the withdrawal agreement, has the same

meaning as it does for the purposes of Part 2 of the Constitutional

Reform and Governance Act 2010 in relation to a treaty (see section

25 of that Act);

“sitting day” means a day on which the House of Lords is sitting (and

a day is only a day on which the House of Lords is sitting if the

House begins to sit on that day);

“statement that political agreement has been reached” means a

statement made in writing by a Minister of the Crown which—

(a)    

states that, in the Minister’s opinion, an agreement in

principle has been reached in negotiations under Article

50(2) of the Treaty on European Union on the substance of—

(i)    

the arrangements for the United Kingdom’s

withdrawal from the EU, and

(ii)    

the framework for the future relationship between

the EU and the United Kingdom after withdrawal,

(b)    

identifies a draft of the withdrawal agreement which, in the

Minister’s opinion, reflects the agreement in principle so far

as relating to the arrangements for withdrawal, and

(c)    

identifies one or more documents which, in the Minister’s

opinion, reflect the agreement in principle so far as relating

to the framework.”

Page 15, line 12, at end insert—

“( )    

section (Parliamentary approval of the outcome of negotiations

with the EU),”

LORDS NON-INSISTENCE, AGREEMENT AND AMENDMENTS

The Lords do not insist on their Amendment 19 and do agree with the Commons

in their Amendments 19A and 19B in lieu and do propose Amendments 19C to

19E, 19G to 19L and 19P as amendments to Commons Amendment 19A—

Line 17, after “five” insert “Lords”

Line 18, after “first” insert “Lords”

Line 30, leave out “28” and insert “21”

Line 40, at end insert—

“(6A)    

In subsection (1) “framework for the future relationship” means the

document or documents identified, by the statement that political

agreement has been reached, as reflecting the agreement in principle on the

substance of the framework for the future relationship between the EU and

the United Kingdom after withdrawal.”

Line 41, at end insert—

““Commons sitting day” means a day on which the House of

Commons is sitting (and a day is only a day on which the House of

Commons is sitting if the House begins to sit on that day);”

Line 42, leave out from beginning of line 42 to end of line 46

Line 46, at end insert—

““Lords sitting day” means a day on which the House of Lords is

sitting (and a day is only a day on which the House of Lords is

sitting if the House begins to sit on that day);”

Line 54, leave out from beginning of line 54 to end of line 56

Line 37, at end insert—

“(5A)    

A Minister of the Crown must make arrangements for—

(a)    

a motion for the House of Commons to approve the statement

mentioned in subsection (4), to be moved in that House by a

Minister of the Crown within the period of seven Commons sitting

days beginning with the day on which the statement is made, and

(b)    

a motion for the House of Lords to take note of the statement to be

moved in that House by a Minister of the Crown within the period

of seven Lords sitting days beginning with the day on which the

statement is made.

(5B)    

Subsection (5C) applies if the Prime Minister makes a statement before the

end of 21 January 2019 that no agreement in principle can be reached in

negotiations under Article 50(2) of the Treaty on European Union on the

substance of—

(a)    

the arrangements for the United Kingdom’s withdrawal from the

EU, and

(b)    

the framework for the future relationship between the EU and the

United Kingdom after withdrawal.

(5C)    

A Minister of the Crown must, within the period of 14 days beginning with

the day on which the statement mentioned in subsection (5B) is made—

(a)    

make a statement setting out how Her Majesty’s Government

proposes to proceed, and

(b)    

make arrangements for—

(i)    

a motion for the House of Commons to approve the

statement mentioned in paragraph (a), to be moved in that

House by a Minister of the Crown within the period of

seven Commons sitting days beginning with the day on

which the statement mentioned in paragraph (a) is made,

and

(ii)    

a motion for the House of Lords to take note of the statement

mentioned in paragraph (a) to be moved in that House by a

Minister of the Crown within the period of seven Lords

sitting days beginning with the day on which the statement

mentioned in paragraph (a) is made.

(5D)    

A statement under subsection (5B) or (5C)(a) must be made in writing and

be published in such manner as the Minister making it considers

appropriate.

(5E)    

Subsection (5F) applies if, at the end of 21 January 2019, there is no

agreement in principle in negotiations under Article 50(2) of the Treaty on

European Union on the substance of—

(a)    

the arrangements for the United Kingdom’s withdrawal from the

EU, and

(b)    

the framework for the future relationship between the EU and the

United Kingdom after withdrawal.

(5F)    

A Minister of the Crown must, within the period of five days beginning

with the end of 21 January 2019—

(a)    

make a statement setting out how Her Majesty’s Government

proposes to proceed, and

(b)    

make arrangements for—

(i)    

a motion for the House of Commons to approve the

statement mentioned in paragraph (a), to be moved in that

House by a Minister of the Crown within the period of five

Commons sitting days beginning with the end of 21 January

2019, and

(ii)    

a motion for the House of Lords to take note of the statement

mentioned in paragraph (a) to be moved in that House by a

Minister of the Crown within the period of five Lords sitting

days beginning with the end of 21 January 2019.

(5G)    

A statement under subsection (5F)(a) must be made in writing and be

published in such manner as the Minister making it considers appropriate.

(5H)    

For the purposes of this section—

(a)    

a statement made under subsection (4), (5C)(a) or (5F)(a) may be

combined with a statement made under another of those

provisions,

(b)    

a motion falling within subsection (5A)(a), (5C)(b)(i) or (5F)(b)(i)

may be combined into a single motion with another motion falling

within another of those provisions, and

(c)    

a motion falling within subsection (5A)(b), (5C)(b)(ii) or (5F)(b)(ii)

may be combined into a single motion with another motion falling

within another of those provisions.”

COMMONS AGREEMENT AND AMENDMENTS TO AMENDMENT

The Commons agree with the Lords in their Amendments 19C to 19E, 19G to 19L

and 19P and propose the following amendments to Lords Amendment 19P—

Line 3, leave out from “motion” to second “the” and insert “in neutral terms, to the

effect that the House of Commons has considered the matter of”

Line 24, leave out from “motion” to second “the” and insert “in neutral terms, to

the effect that the House of Commons has considered the matter of”

Line 50, leave out from “motion” to second “the” and insert “in neutral terms, to

the effect that the House of Commons has considered the matter of”