European Union (Withdrawal) Bill — Clause 4 — Preservation of Rights, Powers, Liabilities, Obligations, Restrictions, Remedies and Proceedures on the UK's Withdrawl from the EU — 16 Jan 2018 at 16:00

Kelly Tolhurst MP, Rochester and Strood voted with the majority (Teller for the Noes).

The majority of MPs voted to preserve, on the United Kingdom's withdrawal from the European Union, all rights, powers, liabilities, obligations, restrictions, remedies and procedures present in United Kingdom law as a result of the United Kingdom's membership of the European Union. An explanatory statement explains the proposal not to preserve these provisions was intended as a step towards an alternative proposal to take even stronger steps to preserve them.

MPs were considering the European Union (Withdrawal) Bill[1].

The amendment rejected in this vote was:

  • Amendment 57, page 2, line 42, leave out clause 4.

The rejected amendment was accompanied by the following explanatory statement:

  • This amendment is linked to NC19, which would aim to preserve, more comprehensively than the existing Clause 4, rights, powers, liabilities, obligations, restrictions, remedies and procedures derived from EU law and incorporated into domestic law via the European Communities Act 1972.

Taken literally the impact of the amendment would have been to leave out clause 4[2] which began:

  • Any rights, powers, liabilities, obligations, restrictions, remedies and procedures which, immediately before exit day—
  • (a) are recognised and available in domestic law by virtue of section 2(1) of the European Communities Act 1972, and
  • (b)are enforced, allowed and followed accordingly, continue on and after exit day to be recognised and available in domestic law (and to be enforced, allowed and followed accordingly).

New Clause 19, which was not the subject of this vote, but was referred to in the explanatory statement was titled:

“Saving for rights etc. under section 2(1) of the ECA (No. 2) and stated:

  • (1) Any rights, powers, liabilities, obligations, restrictions, remedies and procedures which, immediately before exit day are part of domestic law by virtue of section 2(1) of the European Communities Act 1972 continue on and after exit day to be recognised and available in domestic law (and to be enforced, allowed and followed accordingly).
  • (2) Subsection (1) does not apply to any rights, powers, liabilities, obligations restrictions, remedies or procedures so far as they form part of domestic law by virtue of section 3
  • (3) Where, following the United Kingdom’s exit from the EU, retained EU law incorrectly or incompletely gives effect to any rights, powers, liabilities, obligations, restrictions, remedies or procedures created or required by EU law in force immediately before exit day, a Minister of the Crown shall make regulations for the purpose of giving effect to such rights, powers, liabilities, obligations, restrictions, remedies and procedures.
  • (4) This section is subject to section 5 and Schedule 1 (exceptions to savings and incorporation).”

==

Debate in Parliament |

Party Summary

Votes by party, red entries are votes against the majority for that party.

What is Tell? '+1 tell' means that in addition one member of that party was a teller for that division lobby.

What are Boths? An MP can vote both aye and no in the same division. The boths page explains this.

What is Turnout? This is measured against the total membership of the party at the time of the vote.

PartyMajority (No)Minority (Aye)BothTurnout
Con308 (+2 tell) 0097.8%
DUP9 0090.0%
Green0 10100.0%
Independent0 10100.0%
Lab2 244 (+2 tell)094.7%
LDem0 11091.7%
PC0 40100.0%
SNP0 350100.0%
Total:319 296096.4%

Rebel Voters - sorted by party

MPs for which their vote in this division differed from the majority vote of their party. You can see all votes in this division, or every eligible MP who could have voted in this division

Sort by: Name | Constituency | Party | Vote

NameConstituencyPartyVote
Kate HoeyVauxhallLab (minister)no
Graham StringerBlackley and BroughtonLab (minister)no

About the Project

The Public Whip is a not-for-profit, open source website created in 2003 by Francis Irving and Julian Todd and now run by Bairwell Ltd.

There are lots of plans afoot, including extensive redevelopment of the site and plans for new functionality. To keep up with what's happening, please check out the blog. We're working on updating all the contact details throughout the site, but if you'd like to talk to us about the project, please email [email protected]

The Whip on the Web

Advertisement - Helping keeping PublicWhip alive