European Union (Withdrawal) Bill — Schedule 1 — Right to Compensation in Respect of Failure to Transpose EU Law into UK Law — 21 Nov 2017 at 21:00
The majority of MPs voted against a right to compensation for a failure by the UK, prior to withdrawal from the EU, to transpose an EU directive into national law.
MPs were considering the European Union (Withdrawal) Bill.
The amendment rejected in this vote was:
- Amendment 139, page 15, line 29, at end insert
- “except in relation to anything occurring before that day”.
Had it not been rejected this amendment would have resulted in the text being added to Paragraph 4 of Schedule 1 of the Bill titled Rule in Francovich which stated:
- There is no right in domestic law on or after exit day to damages in accordance with the rule in Francovich.
Francovich v Italy was a decision of the European Court of Justice which established that European Union member states could be liable to pay compensation to individuals who suffered a loss by reason of the member state's failure to transpose an EU directive into national law.
The rejected amendment was accompanied by the following explanatory statement:
- This amendment, together with Amendments 140 and 141, would restore the right to obtain damages after exit day in respect of governmental failures before exit day to comply with European Union obligations.
-  Parliament's webpage on the European Union (Withdrawal) Bill
-  Wikpedia article Francovich v Italy
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.
|Party||Majority (No)||Minority (Aye)||Both||Turnout|
|Con||300 (+2 tell)||1||0||95.9%|
|Lab||3||241 (+2 tell)||0||94.6%|
|Kenneth Clarke||Rushcliffe||Con (front bench)||aye|
|Frank Field||Birkenhead||whilst Lab (front bench)||no|
|Kate Hoey||Vauxhall||Lab (minister)||no|
|Kelvin Hopkins||Luton North||whilst Lab (front bench)||no|
|Graham Stringer||Blackley and Broughton||Lab (minister)||no|