European Union (Withdrawal) Bill — Commons Reasons and Amendments — 18 Jun 2018 at 17:45

Moved by Lord Callanan

1A: Page 9, line 21, at end insert the following new Clause- “Customs arrangement as part of the framework for the future relationship(1) A Minister of the Crown must lay before each House of Parliament a statement in writing outlining the steps taken by Her Majesty’s Government, in negotiations under Article 50(2) of the Treaty on European Union, to seek to negotiate an agreement, as part of the framework for the United Kingdom’s future relationship with the EU, for the United Kingdom to participate in a customs arrangement with the EU.(2) The statement under subsection (1) must be laid before both Houses of Parliament before the end of 31 October 2018.”

1B: Page 15, line 13, at end insert-“( ) section (Customs arrangement as part of the framework for the future relationship),”.

Moved by Lord Callanan

3A: Page 9, line 21, at end insert the following new Clause-“Maintenance of environmental principles etc.(1) The Secretary of State must, within the period of six months beginning with the day on which this Act is passed, publish a draft Bill consisting of-(a) a set of environmental principles,(b) a duty on the Secretary of State to publish a statement of policy in relation to the application and interpretation of those principles in connection with the making and development of policies by Ministers of the Crown, (c) a duty which ensures that Ministers of the Crown must have regard, in circumstances provided for by or under the Bill, to the statement mentioned in paragraph (b),(d) provisions for the establishment of a public authority with functions for taking, in circumstances provided for by or under the Bill, proportionate enforcement action (including legal proceedings if necessary) where the authority considers that a Minister of the Crown is not complying with environmental law (as it is defined in the Bill), and(e) such other provisions as the Secretary of State considers appropriate.(2) The set of environmental principles mentioned in subsection (1)(a) must (however worded) consist of-(a) the precautionary principle so far as relating to the environment, (b) the principle of preventative action to avert environmental damage, (c) the principle that environmental damage should as a priority be rectified at source,(d) the polluter pays principle,(e) the principle of sustainable development,(f) the principle that environmental protection requirements must be integrated into the definition and implementation of policies and activities,(g) public access to environmental information,(h) public participation in environmental decision-making, and(i) access to justice in relation to environmental matters.”

3B: Page 15, line 13, at end insert-“( ) section (Maintenance of environmental principles etc.),”

Tabled by Lord Krebs

3C: Line 8, leave out “making and development of policies” and insert “exercise of relevant functions”

3D: Line 9, after “Crown” insert “and arms’ length bodies”

3DA: Line 10, after “Crown” insert “or arms’ length bodies”

3E: Line 10, leave out “have regard”

3F: Line 11, leave out “to” and insert “act in accordance with”

3G: Line 13, leave out “a” and insert “an independent”

3H: Line 15, after “proportionate” insert “and appropriate”

3J: Line 22, after “must (” insert “as a minimum and”

3K: Line 34, at end insert-“(3) The Secretary of State must take steps designed to ensure that the United Kingdom’s withdrawal from the EU does not result in the removal or diminution of any rights, powers, liabilities, obligations, restrictions, remedies and procedures that contribute to the protection and improvement of the environment.””

Moved by Lord Callanan

4A: Because the Bill already contains sufficient protection for the areas of EU law concerned.

4B: Page 56, line 32, at end insert-“Affirmative procedure for instruments which amend or revoke subordinate legislation made under section 2(2) of the ECA (including subordinate legislation implementing EU directives)5CA (1) A statutory instrument which-(a) is to be made on or after exit day by a Minister of the Crown under a power conferred before the beginning of the Session in which this Act is passed,(b) is not to be made jointly with any person who is not a Minister of the Crown,(c) amends or revokes any subordinate legislation made under section 2(2) of the European Communities Act 1972, and(d) would otherwise be subject to a lower procedure before each House of Parliament and no procedure before any other legislature,may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.(2) Sub-paragraph (1) has effect instead of any other provision which would otherwise apply in relation to the procedure for such an instrument before each House of Parliament but does not affect any other requirements which apply in relation to making, confirming or approving the instrument.(3) Any provision which-(a) may be made under the power mentioned in sub-paragraph(1)(a), (b) is not provision which falls within sub-paragraph (1)(c), and (c) is subject to a lower procedure than the procedure provided for by sub-paragraph (1),may be included in an instrument to which sub-paragraph (1) applies (and is accordingly subject to the procedure provided for by that sub-paragraph instead of the lower procedure).(4) If a draft of a statutory instrument which-(a) is to be made on or after exit day by a Minister of the Crown under a power conferred before the beginning of the Session in which this Act is passed,(b) is not to be made jointly with any person who is not a Minister of the Crown,(c) amends or revokes any provision, made otherwise than under section 2(2) of the European Communities Act 1972 (whether or not by way of amendment), of subordinate legislation made under that section, and(d) would otherwise be subject to a lower procedure before each House of Parliament and no procedure before any other legislature,is laid before, and approved by a resolution of, each House of Parliament, then the instrument is not subject to the lower procedure.(5) This quotegraph applies to an instrument which is subject to a procedure before the House of Commons only as it applies to an instrument which is subject to a procedure before each House of Parliament but as if the references to each House of Parliament were references to the House of Commons only.(6) For the purposes of this quotegraph, the order of procedures is as follows (the highest first)-(a) a procedure which requires a statement of urgency before the instrument is made and the approval of the instrument after it is made to enable it to remain in force,(b) a procedure which requires the approval of the instrument in draft before it is made,(c) a procedure not falling within quotegraph (a) which requires the approval of the instrument after it is made to enable it to come into, or remain in, force,(d) a procedure which provides for the annulment of the instrument after it is made,(e) a procedure not falling within any of the above paragraphs which provides for the laying of the instrument after it is made,(f) no procedure.(7) For the purposes of this quotegraph a power is conferred whether or not it is in force.(8) References in this paragraph, other than in sub-paragraph (4), to subordinate legislation made under section 2(2) of the European Communities Act 1972- (a) do not include references to any provision of such legislation which is made (whether or not by way of amendment) otherwise than under section 2(2) of that Act, and(b) do include references to subordinate legislation made otherwise than under section 2(2) of that Act so far as that legislation is amended by provision made under that section (but do not include references to any primary legislation so far as so amended).(9) This paragraph is subject to any other provision made by or under this Act or any other enactment.Enhanced scrutiny procedure for instruments which amend or revoke subordinate legislation under section 2(2) of the ECA (including subordinate legislation implementing EU directives) 5CB (1) This quotegraph applies where, on or after exit day- (a) a statutory instrument which-(i) amends or revokes subordinate legislation made under section 2(2) of the European Communities Act 1972, and(ii) is made under a power conferred before the beginning of the Session in which this Act is passed, or(b) a draft of such an instrument, is to be laid before each House of Parliament and subject to no procedure before any other legislature. (2) The relevant authority must publish, in such manner as the relevant authority considers appropriate, a draft of the instrument at least 28 days before the instrument or draft is laid.(3) The relevant authority must make a scrutiny statement before the instrument or draft is laid.(4) A scrutiny statement is a statement-(a) setting out the steps which the relevant authority has taken to make the draft instrument published in accordance with sub- paragraph (2) available to each House of Parliament,(b) containing information about the relevant authority’s response to-(i) any recommendations made by a committee of either House of Parliament about the published draft instrument, and(ii) any other representations made to the relevant authority about the published draft instrument, and(c) containing any other information that the relevant authority considers appropriate in relation to the scrutiny of the instrument or draft instrument which is to be laid.(5) A scrutiny statement must be in writing and must be published in such manner as the relevant authority considers appropriate.(6) Sub-paragraphs (2) to (5) do not apply if the relevant authority-(a) makes a statement in writing to the effect that the relevant authority is of the opinion that, by reason of urgency, sub- paragraphs (2) to (5) should not apply, and(b) publishes the statement in such manner as the relevant authority considers appropriate. (7) This paragraph does not apply in relation to any laying before each House of Parliament of an instrument or draft instrument where an equivalent draft instrument (ignoring any differences relating to procedure) has previously been laid before both Houses.(8) This paragraph applies to an instrument which is subject to a procedure before the House of Commons only as it applies to an instrument which is subject to a procedure before each House of Parliament but as if references to each or either House of Parliament, or both Houses, were references to the House of Commons only.(9) For the purposes of this paragraph-(a) a power is conferred whether or not it is in force,(b) the draft instrument published under sub-paragraph (2) need not be identical to the final version of the instrument or draft instrument as laid,(c) where an instrument or draft is laid before each House of Parliament on different days, the earlier day is to be taken as the day on which it is laid before both Houses, and(d) in calculating the period of 28 days, no account is to be taken of any time during which-(i) Parliament is dissolved or prorogued, or(ii) either House of Parliament is adjourned for more than four days.(10) Sub-paragraph (8) of paragraph 5CA applies for the purposes of this paragraph as it applies for the purposes of sub-paragraph (1) of that paragraph.(11) In this quotegraph “the relevant authority” means-(a) in the case of an Order in Council or Order of Council, the Minister of the Crown who has responsibility in relation to the instrument,(b) in the case of any other statutory instrument which is not to be made by a Minister of the Crown, the person who is to make the instrument, and(c) in any other case, the Minister of the Crown who is to make the instrument.(12) This paragraph is subject to any other provision made by or under this Act or any other enactment.” Amendment to Lords Amendment 9 (see Bill 212)

4C: After (5)(c) insert- “(ca) paragraphs 5CA to 5E (affirmative and enhanced scrutiny procedure for, and information about, instruments which amend or revoke subordinate legislation under section 2(2) of the European Communities Act 1972 including subordinate legislation implementing EU directives),”Amendment to Lords Amendment 161 (see Bill 212)

4D: After 5D(8) insert-“(8A) Sub-paragraph (8) of paragraph 5CA applies for the purposes of this paragraph as it applies for the purposes of sub-paragraph (1) of that paragraph.”Amendment to Lords Amendment 162 (see Bill 212)

4E: After 5E(6) insert-“(6A) Sub-paragraph (8) of paragraph 5CA applies for the purposes of this paragraph as it applies for the purposes of sub-paragraph (1) of that paragraph.”

Moved by Lord Keen of Elie

5A: Because none of the Charter of Fundamental Rights should be part of domestic law on or after exit day.

Tabled by Lord Pannick

5B: Page 3, line 20, leave out subsection (4) and insert-“( ) The Charter of Fundamental Rights (apart from the Preamble and Chapter V) is part of domestic law under this Act on or after exit day save that-(a) there is no right of action in domestic law on or after exit day based on a failure to comply with any provision of the Charter;(b) no court, tribunal or public authority may, on or after exit day- (i) disapply or quash any enactment or other rule of law, or (ii) quash any conduct or otherwise decide that it is unlawful,because it is incompatible with any provision of the Charter.””

Moved by Lord Keen of Elie:

10A: Because it inappropriately restricts the power in Clause 7(1).

Moved by Baroness Evans of Bowes Park

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.(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),”

19C: Line 17, after “five” insert “Lords”

19D: Line 18, after “first” insert “Lords”

19E: Line 30, leave out “28” and insert “21”

19F: Line 37, at end insert-“(5A) A Minister of the Crown must make arrangements for-(a) a motion in neutral terms, to the effect that the House of Commons has considered the matter of 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 in neutral terms, to the effect that the House of Commons has considered the matter of 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(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 in neutral terms, to the effect that the House of Commons has considered the matter of 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.”

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

Moved by Viscount Hailsham

19P: Before Clause 9, 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(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), (5Q(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.”

Moved by Lord True

19Q: At end insert-“(5J) Any motion or resolution approved by the House of Commons or debated by the House of Lords under subsections (5A), (5C)(b), or (5F)(b) may not have the effect of binding Her Majesty’s Government to prevent or delay the United Kingdom’s withdrawal from the EU on exit day.”

Ayes 354, Noes 235.

Debate in Parliament |