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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

19

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.

 
 

 

 

 
 

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(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

19A

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.

 
 

 


 
 

3

 
 

(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.”

19B

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—

19C

Line 17, after “five” insert “Lords”

19D

Line 18, after “first” insert “Lords”

19E

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

 
 

 


 
 

4

 

19G

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.”

19H

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);”

19J

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

19K

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);”

19L

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

19P

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

 
 

 


 
 

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(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—

19R

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”

19S

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”

 
 

 


 
 

6

 

19T

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”

 
 

 

 
 


20 June 2018