European Union (Withdrawal) Bill — Clause 4 — Rights to be Retained on Withdrawal — Listing in the Act — 15 Nov 2017 at 22:15

The majority of MPs voted against setting out in detail in the Act the rights deriving from European Union law which are to be retained as United Kingdom law on the United Kingdom's withdrawal from the union.

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

The amendment rejected in this vote was:

  • Amendment 70, in clause 4, page 2, line 47, at end insert—
  • (1A) Rights, powers, liabilities, obligations, restrictions, remedies and procedures under subsection (1) shall include directly effective rights contained in the following Articles of, and Protocols to, the Treaty on the Functioning of the European Union

Had it not been rejected the above text would have been added as a new subclause to Clause 4 of the Bill, following subsection (1) which stated:

  • (1) 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).

It appears the intent would have been, had the amendment been accepted, then amendments seeking to add specific references to rights to be retained following the UK's withdrawal from the EU would have been considered.

During the debate the MP who proposed the amendment, Neil Gray, stated[2]:

  • Amendment 70 would set out in the Bill those areas of existing rights and law that we want to protect.


  • If the Committee agrees to amendment 70, those areas will be individually written into the Bill, and therefore protected from future change through secondary legislation.


Debate in Parliament |

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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
Con304 (+2 tell) 0096.8%
DUP9 0090.0%
Green0 10100.0%
Lab0 000.0%
LDem0 10083.3%
PC0 40100.0%
SNP0 33 (+2 tell)0100.0%
Total:313 48057.2%

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

no rebellions

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