Trade Bill — After Clause 2 — Trade Agreements and Genocide — Parliamentary Judicial Committee — 22 Mar 2021 at 19:41

The majority of MPs voted against a committee of five members of the House of Commons or House of Lords who have been senior judges assessing reports of genocide by parties to trade agreements, informing Parliamentary consideration of the situation.

MPs were considering the Trade Bill.[1][2]

MPs were considering the motion:

  • That this House
  • insists on its Amendments Nos. 3C and 3D and
  • disagrees with the Lords in their Amendment No. 3E.

an amendment had been moved stating:

  • to leave out from House to “with” and insert “agrees”.

The motion which was rejected by the majority of MPs in this vote was:

  • That the amendment be made.

Had it not been rejected the amendment would have resulted in the motion stating:

  • That this House
  • agrees with the Lords in their Amendment No. 3E.

Lords amendment 3E, which was rejected by the majority of MPs in this vote began[3]:

  • After Clause 2, insert the following new Clause—
  • Trade agreements and genocide
  • (1) Subsection (2) applies if the responsible committee of the House of Commons publishes a report which—
  • (a) states that there exist credible reports of genocide perpetrated by a counter-party to a relevant agreement, and
  • (b) confirms that, in preparing the report, the committee has taken such evidence as it considers appropriate.
  • (2) The matter is referred to the Parliamentary Judicial Committee (“PJC”) for a preliminary determination on genocide perpetrated by a counter-party to a relevant agreement.
  • (3) Following a preliminary determination from the PJC under subsection (2) the Secretary of State must prepare a response to the responsible committee of the House of Commons.
  • (4) Subsection (5) applies if, after receiving a response from the Secretary of State to the preliminary determination mentioned in subsection :(2), the responsible committee of the House of Commons publishes a report which—
  • (a) includes a statement to the effect that the committee is not satisfied by the Secretary of State’s response, and
  • (b) sets out the wording of a motion to be moved in the House of Commons in accordance with subsection (5).
  • (5) A Minister of the Crown must make arrangements for the motion mentioned in subsection (4)(b), within a reasonable period, to be debated and voted on by the House of Commons.
  • ...
  • (11) A Minister of the Crown may by regulations made by statutory instrument make provision for or in connection with the establishment and funding of, and appointment to, the PJC, and the process of referral and preliminary determination made pursuant to subsections (2) and (7).
  • (12) Regulations under subsection (11) above may in particular—
  • (a) specify the procedure by which members (who must have held high judicial office) may be appointed to the PJC, and on whose authorisation;
  • (b) make provision about the procedure and rules of evidence necessary for consideration of a referral mentioned in subsections
  • (2) and (7), allowing for hearings under oath, the collection of evidence, including exculpatory evidence
  • ..
  • (8)
  • ...
  • Parliamentary Judicial Committee” or “PJC” means an ad hoc committee established in accordance with regulations under subsection (11), comprising five members of the House of Commons or House of Lords who have held high judicial office;

The proposed new clause contained further provisions to set out a further process focused on the House of Lords, and further definitions of terms used.

Commons amendments 3C and 3D were supported in this vote.

Amendment 3C began[4]:

  • Insert the following new Clause—
  • 2A Free trade agreements and genocide
  • (1) Subsection (2) applies if the responsible committee of the House of Commons publishes a report which—
  • (a) states that there exist credible reports of genocide in the territory of a prospective FTA counter-party, and
  • (b) confirms that, in preparing the report, the committee has taken such evidence as it considers appropriate.
  • (2) If, after receiving a response from the Secretary of State, the committee publishes a report which—
  • (a) includes a statement to the effect that the committee is not satisfied by the Secretary of State’s response, and
  • (b) sets out the wording of a motion to be moved in the House of Commons in accordance with subsection (3), subsection (3) applies.
  • (3) A Minister of the Crown must make arrangements for the motion mentioned in subsection (2)(b) to be debated and voted on by the House of Commons.
  • ...

The proposed new clause contained further provisions to set out a further process focused on the House of Lords, and further definitions of terms used.

Amendment 3D stated[4]:

  • Title, Line 1, leave out “the implementation of”

This reflected the broadening scope of the Bill, and impact over the life of the trade agreement, introduced by amendment 3C.

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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
Alliance0 10100.0%
Con318 (+2 tell) 29095.6%
DUP0 7087.5%
Green0 10100.0%
Independent0 40100.0%
Lab0 195 (+2 tell)099.0%
LDem0 110100.0%
PC0 30100.0%
SDLP0 20100.0%
SNP0 470100.0%
Total:318 300097.0%

Rebel Voters - sorted by vote

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
Adam AfriyieWindsorConaye
Sir David AmessSouthend WestCon (front bench)aye
Bob BlackmanHarrow EastCon (front bench)aye
Crispin BluntReigateConaye
Peter BoneWellingboroughwhilst Con (front bench)aye
Andrew BridgenNorth West Leicestershirewhilst Conaye
Rehman ChishtiGillingham and RainhamConaye
Christopher ChopeChristchurchCon (front bench)aye
David DavisHaltemprice and HowdenConaye
Richard DraxSouth DorsetCon (front bench)aye
Iain Duncan SmithChingford and Woodford GreenConaye
Mark FrancoisRayleigh and WickfordCon (front bench)aye
Nusrat GhaniWealdenCon (front bench)aye
Sally-Ann HartHastings and RyeCon (front bench)aye
Philip HolloboneKetteringCon (front bench)aye
Jeremy HuntSouth West SurreyCon (front bench)aye
Bernard JenkinHarwich and North EssexCon (front bench)aye
Andrew LewerNorthampton SouthCon (front bench)aye
Julian LewisNew Forest Eastwhilst Con (front bench)aye
Tim LoughtonEast Worthing and ShorehamCon (front bench)aye
Craig MackinlaySouth ThanetCon (front bench)aye
Kieran MullanCrewe and NantwichCon (front bench)aye
Caroline NokesRomsey and Southampton NorthCon (front bench)aye
Matthew OffordHendonCon (front bench)aye
Andrew RosindellRomfordCon (front bench)aye
Bob SeelyIsle of WightCon (front bench)aye
Derek ThomasSt IvesCon (front bench)aye
Charles WalkerBroxbourneCon (front bench)aye
David WarburtonSomerton and FromeConaye

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