European Union (Withdrawal) Bill — Clause 11 — Powers of Devolved Administrations to Make Laws Incompatible With EU Law — 16 Jan 2018 at 19:00

The majority of MPs voted against allowing the devolved administrations in Wales, Scotland and Northern Ireland to make laws which are incompatible with European Union law, and against new United Kingdom frameworks to replace European ones.

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

The amendment rejected in this vote was:

  • page 7, line 23, leave out subsections (1) to (3) and insert—
  • ‘(1) In section 29(2)(d) of the Scotland Act 1998 (no competence for Scottish Parliament to legislate incompatibly with EU law), omit “or with EU law”.
  • (2) In section 108A(2)(e) of the Government of Wales Act 2006 (no competence for National Assembly for Wales to legislate incompatibly with EU law), omit “or with EU law”.
  • (3) In section 6(2)(d) of the Northern Ireland Act (no competency for the Assembly to legislate incompatibly with EU law, omit “is incompatible with EU law”.
  • (4) The Secretary of State must lay before each House of Parliament proposals for replacing European frameworks with UK ones.
  • (5) UK-wide frameworks shall be proposed if and only if they are necessary to—
  • (a) enable the functioning of the UK internal market,
  • (b) ensure compliance with international obligations,
  • (c) ensure the UK can negotiate, enter into and implement new trade agreements and international treaties,
  • (d) enable the management of common resources,
  • (e) administer and provide access to justice in cases with a cross-border element, or
  • (f) safeguard the security of the UK.
  • (6) Ministers of the Crown shall create UK-wide frameworks only if they have consulted with, and secured the agreement of, the affected devolved administrations.”

The rejected amendment would have impacted Clause 11 of the Bill titled Retaining EU restrictions in EU devolution legislation etc., it would have deleted the arrangements only permitting devolved administrations to legislate to modify European Union law retained as United Kingdom law on withdrawal in accordance with powers devolved to them, or in accordance with an "Order in Council" (a form of decree). The rejected amendment sought to remove restrictions preventing devolved administrations legislating on European Union law. The rejected amendment also introduced "UK Frameworks" to replace European arrangements, over which affected devolved administrations would have a veto.

The rejected amendment was accompanied by the following explanatory notice:

  • This amendment removes the Bill’s proposed restrictions on the ability of the Scottish Parliament, the National Assembly for Wales and the Northern Ireland Assembly to legislate on devolved matters and creates new collaborative procedures for the creation of UK-wide frameworks for retained EU law.


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
Con307 (+2 tell) 0097.8%
DUP10 00100.0%
Green0 10100.0%
Independent1 2060.0%
Lab3 245 (+2 tell)096.5%
LDem0 10083.3%
PC0 40100.0%
SNP0 350100.0%
Total:321 297096.9%

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

Frank FieldBirkenheadwhilst Lab (front bench)no
Kate HoeyVauxhallLab (minister)no
Graham StringerBlackley and BroughtonLab (minister)no

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