The following amendments have been proposed to the European Union
(Withdrawal Agreement) Bill 2019-20. NOTICES OF AMENDMENTS
given up to and including...Request free
trial
The following amendments have been proposed to the European Union
(Withdrawal Agreement) Bill 2019-20.
|
|
|
|
|
given up to and including
|
|
|
|
|
|
|
|
New Amendments handed in are marked
thus 
|
|
|
|
|
 Amendments which will
comply with the required notice period at their
next appearance
|
|
|
|
|
Amendments tabled since the last
publication: 11 to 19 and NC10 to
NC17
|
|
|
|
|
|
|
|
EUROPEAN UNION (WITHDRAWAL AGREEMENT) BILL
|
|
|
|
|
|
|
|
|
This document includes all amendments tabled to
date and includes any
|
|
|
|
|
|
withdrawn amendments at the end. The amendments
have been arranged in
|
|
|
|
|
|
accordance with the Order of the House [20
December 2019].
|
|
|
|
|
|
|
|
|
|
|
|
CLAUSES 1 TO 6; NEW CLAUSES RELATING TO PART 1 OR
2; NEW SCHEDULES RELATING
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
To move the following Clause—
|
|
|
|
|
|
|
“Extension of the implementation period
|
|
|
|
|
|
|
After section 15 of the European Union
(Withdrawal) Act 2018 (publication of
|
|
|
|
|
|
and rules of evidence) insert—
|
|
|
|
|
|
“15A
|
Extension of the implementation period
|
|
|
|
|
|
“(1)
|
A Minister of the Crown must seek to secure
agreement in the Joint
|
|
|
|
|
|
Committee to a single decision to extend the
implementation period by
|
|
|
|
|
|
two years, in accordance with Article 132 of the
Withdrawal Agreement
|
|
|
|
|
|
unless one or more condition in subsection (2) is
met.
|
|
|
|
|
|
(2)
|
Those conditions are—
|
|
|
|
|
|
(a)
|
it is before 15 June 2020;
|
|
|
|
|
|
(b)
|
an agreement on the future trade relationship has
been
|
|
|
|
|
|
|
|
|
|
(c)
|
the House of Commons has passed a motion in the
form set out
|
|
|
|
|
|
in subsection (3) and the House of Lords has
considered a motion
|
|
|
|
|
|
to take note of the Government’s intention not to
request an
|
|
|
|
|
|
|
|
|
|
(3)
|
The form of the motion mentioned in subsection
(2)(c) is “That this
|
|
|
|
|
|
House approves of the Government’s decision not
to apply for an
|
|
|
|
|
|
extension to the period for implementing the
agreement between the
|
|
|
|
|
|
United Kingdom and the EU under Article 50(2) of
the Treaty on
|
|
|
|
|
|
European Union which sets out the arrangements
for the United
|
|
|
|
|
|
Kingdom’s withdrawal from the EU”.
|
|
|
|
|
|
(4)
|
If the Joint Committee does not agree the
extension specified in
|
|
|
|
|
|
subsection (1) but EU representatives on the
Joint Committee indicate
|
|
|
|
|
|
that they would agree an extension for a shorter
period, a Minister of the
|
|
|
|
|
|
Crown must move a motion in the House of Commons
to agree the
|
|
|
|
|
|
shorter period proposed, and if that motion is
agreed, a Minister of the
|
|
|
|
|
|
Crown must agree that shorter extension in the
Joint Committee.
|
|
|
|
|
|
(5)
|
Any Minister of the Crown who attends the Joint
Committee may seek
|
|
|
|
|
|
agreement to terminate the implementation period
if a final agreement on
|
|
|
|
|
|
the future trade relationship is ratified before
the end of the
|
|
|
|
|
|
|
|
|
|
Member’s explanatory
statement
|
|
|
|
|
|
This new clause would restore the role for
Parliament in deciding whether to extend
transition to
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
CLAUSES 7 TO 14; SCHEDULE 1; CLAUSE 15; SCHEDULE
2; CLAUSES 16 AND 17; NEW
|
|
|
|
|
CLAUSES RELATING TO PART 3; NEW SCHEDULES
RELATING TO PART 3
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Clause 7, page 9, line 36, leave
out from “Crown” to end of Clause and insert
“must
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
by regulations make provision—
|
|
|
|
|
|
“(a)
|
implementing article 18(4) of the withdrawal
agreement (right of eligible
|
|
|
|
|
|
citizens to residence documents proving legal
status), including making
|
|
|
|
|
|
provision for a physical document;
|
|
|
|
|
|
(b)
|
implementing article 17(4) of the EEA EFTA
separation agreement
|
|
|
|
|
|
(right of eligible citizens to residence
documents proving legal status)
|
|
|
|
|
|
including making provision for a physical
document; and
|
|
|
|
|
|
(c)
|
implementing article 16(4) of the Swiss citizens’
rights agreement (right
|
|
|
|
|
|
of eligible citizens to residence documents
proving legal status).”
|
|
|
|
|
|
Member’s explanatory
statement
|
|
|
|
|
|
This amendment would mean that EEA and Swiss
citizens residing in the UK would automatically
|
|
|
|
|
|
have rights under article 18(4) of the withdrawal
agreement (and equivalent provisions in the EEA
|
|
|
|
|
|
EFTA and Swiss citizens rights agreements) rather
than having to apply for them, and would have
|
|
|
|
|
|
the right to a physical document proving their
status.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Clause 7, page 10, line 41, at
end insert—
|
|
|
|
|
|
“(3A)
|
Regulations made under this section shall apply
to—
|
|
|
|
|
|
(a)
|
the rights of all persons eligible for leave to
enter or remain in the United
|
|
|
|
|
|
|
|
|
|
(i)
|
the withdrawal agreement, or
|
|
|
|
|
|
(ii)
|
residence scheme immigration rules (see section
17) as in force
|
|
|
|
|
|
|
|
|
|
(b)
|
such other persons as Ministers consider
appropriate.
|
|
|
|
|
|
(3B)
|
The residence scheme immigration rules (see
section 17) may not be amended so
|
|
|
|
|
|
as to reduce the range of persons eligible for
leave to enter or remain in the United
|
|
|
|
|
|
Kingdom by virtue of those rules (other than by
primary legislation), but other
|
|
|
|
|
|
persons may be added as Ministers consider
appropriate.”
|
|
|
|
|
|
Member’s explanatory
statement
|
|
|
|
|
|
This amendment would ensure that the range of
persons entitled under UK law to benefit from the
|
|
|
|
|
|
rights set out in the Withdrawal Agreement cannot
be reduced except by primary legislation.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Clause 11, page 14, line 2, leave
out subsection (1) and insert—
|
|
|
|
|
|
“(1)
|
A person may appeal against a citizens’ rights
immigration decision to the First-
|
|
|
|
|
|
|
|
|
|
Member’s explanatory
statement
|
|
|
|
|
|
This amendment would give a right of appeal
against a citizens’ rights immigration decision.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Clause 11, page 14, line 24, leave
out subsections (3) and (4) and insert—
|
|
|
|
|
|
“(3)
|
Subject to subsection (4), while an appeal is
pending, the person concerned shall
|
|
|
|
|
|
be deemed to have all the rights associated with
indefinite leave to remain under
|
|
|
|
|
|
the residence scheme immigration rules, in
particular as concerns residence,
|
|
|
|
|
|
employment, access to social security benefits
and other services.
|
|
|
|
|
|
(4)
|
Subsection (3) does not apply to an appeal
against a decision falling within
|
|
|
|
|
|
subsection (2)(a) or (c).
|
|
|
|
|
|
(4A)
|
“Pending” shall have the same meaning for the
purposes of subsections (3) and
|
|
|
|
|
|
(4) as in section 104 of the Nationality,
Immigration and Asylum Act 2002.”
|
|
|
|
|
|
|
|
|
|
|
|
Clause 11, page 14, line 25, leave
out “(including judicial reviews)”
|
|
|
|
|
|
Member’s explanatory
statement
|
|
|
|
|
|
This amendment would remove the power being
provided to ministers to make regulations about
|
|
|
|
|
|
judicial review of certain immigration decisions.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
To move the following Clause—
|
|
|
|
|
|
|
“Protecting EU Citizens’ Rights
|
|
|
|
|
|
(1)
|
This section applies to—
|
|
|
|
|
|
(a)
|
European Union citizens having the right to
reside permanently in the UK
|
|
|
|
|
|
according to Article 15 (“Rights of permanent
residence”) of the
|
|
|
|
|
|
|
|
|
|
(b)
|
persons to whom the provisions in (a) do not
apply but who are eligible
|
|
|
|
|
|
for indefinite leave to enter or remain, or
limited leave to enter or remain
|
|
|
|
|
|
by virtue of residence scheme immigration rules
(see section 17).
|
|
|
|
|
|
(2)
|
A person to which this section applies has the
rights and obligations provided in
|
|
|
|
|
|
Article 12 and Title II Part II ‘Citizens’
Rights’ of the Withdrawal Agreement.
|
|
|
|
|
|
(3)
|
The Secretary of State must by regulations make
provision—
|
|
|
|
|
|
(a)
|
implementing article 18(4) of the withdrawal
agreement (right of eligible
|
|
|
|
|
|
citizens to receive a residence document),
including making provision for
|
|
|
|
|
|
a physical document providing proof of residence;
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(b)
|
implementing article 17(4) of the EEA EFTA
separation agreement
|
|
|
|
|
|
(right of eligible citizens to receive a
residence document) including
|
|
|
|
|
|
making provision for a physical document
providing proof of residence;
|
|
|
|
|
|
(c)
|
implementing article 16(4) of the Swiss citizens’
rights agreement (right
|
|
|
|
|
|
of eligible citizens to receive a residence
document) including making
|
|
|
|
|
|
provision for a physical document providing proof
of residence.
|
|
|
|
|
|
(4)
|
No provision of this or any other enactment, or
adopted under this or any other
|
|
|
|
|
|
enactment, may be used to require European Union
nationals and their family
|
|
|
|
|
|
members, or nationals of Iceland, Norway,
Liechtenstein and Switzerland and
|
|
|
|
|
|
their family members, who reside in the United
Kingdom immediately prior to the
|
|
|
|
|
|
end of the implementation period, to apply for a
new residence status under
|
|
|
|
|
|
Article 18(1) of the Withdrawal Agreement, or to
introduce a deadline for
|
|
|
|
|
|
applications under residence scheme immigration
rules or relevant entry
|
|
|
|
|
|
|
|
|
|
(5)
|
Residence scheme immigration rules and relevant
entry clearance immigration
|
|
|
|
|
|
rules may not be amended to provide that any
person who benefited or is eligible
|
|
|
|
|
|
to benefit under those rules on the day on which
this Act is passed benefits any
|
|
|
|
|
|
less than he benefited or was eligible to benefit
on the day on which this Act is
|
|
|
|
|
|
|
|
|
|
Member’s explanatory
statement
|
|
|
|
|
|
This new clause provides for all EU citizens who
are resident in the UK before exit day to have
the
|
|
|
|
|
|
right of permanent residence, whether or not they
have been exercising treaty rights, and makes
|
|
|
|
|
|
sure that every person who is entitled to settled
status has the same rights.
|
|
|
|
|
|
|
|
|
|
|
CLAUSES 18 TO 23; SCHEDULE 3; CLAUSES 24 TO 37;
NEW CLAUSES RELATING TO
|
|
|
|
|
PART 4; NEW SCHEDULES RELATING TO PART 4
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Clause 21, page 25, leave
out lines 1 and 2 and insert—
|
|
|
|
|
|
“(2)
|
A Minister of the Crown must, on or before 30
June 2020, publish a
|
|
|
|
|
|
comprehensive economic impact assessment of the
effect of the Ireland/Northern
|
|
|
|
|
|
Ireland Protocol and regulations made under
subsection (1) on—
|
|
|
|
|
|
(a)
|
the UK’s Internal Market and the access of
Northern Ireland goods to
|
|
|
|
|
|
Great Britain and Great British goods to Northern
Ireland;
|
|
|
|
|
|
(b)
|
the Northern Ireland economy, including levels of
imports and exports;
|
|
|
|
|
|
(c)
|
fiscal and regulatory compliance of goods
travelling from NI to GB and
|
|
|
|
|
|
|
|
|
|
(d)
|
barriers to entry for third-country goods
entering NI and GB from
|
|
|
|
|
|
Ireland, the rest of the EU and third countries.
|
|
|
|
|
|
(2A)
|
The Secretary of State must make arrangements
for—
|
|
|
|
|
|
(a)
|
a copy of each report published under subsection
(2) to be laid before
|
|
|
|
|
|
each House of Parliament, and conveyed to the
Presiding Officer of each
|
|
|
|
|
|
devolved legislature, by the end of the day on
which it is published;
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(b)
|
a motion in neutral terms, to the effect that the
House of Commons has
|
|
|
|
|
|
considered the report, to be moved in the House
of Commons by a
|
|
|
|
|
|
Minister of the Crown; and
|
|
|
|
|
|
(c)
|
a motion for the House of Lords to take note of
the report to be tabled in
|
|
|
|
|
|
the House of Lords and moved by a Minister of the
Crown.
|
|
|
|
|
|
(2B)
|
The motions required under subsections (2A)(b)
and (c) must be moved in the
|
|
|
|
|
|
relevant House by a Minister of the Crown within
the period of five calendar days
|
|
|
|
|
|
beginning with the end of the day on which the
report is laid before Parliament.
|
|
|
|
|
|
(2C)
|
The Secretary of State shall make a further
report under subsection (2) on or
|
|
|
|
|
|
before 31 October 2020 and at least every 12
months thereafter.”
|
|
|
|
|
|
Member’s explanatory
statement
|
|
|
|
|
|
This amendment would require the Government to
deliver full transparency on the implications of
|
|
|
|
|
|
the Ireland/Northern Ireland Protocol including
barriers to trade between Great Britain and
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Clause 21, page 25, line 4, after
first “the” insert “unfettered”.
|
|
|
|
|
|
Member’s explanatory
statement
|
|
|
|
|
|
This amendment would require regulations to
facilitate unfettered access of qualifying
Northern
|
|
|
|
|
|
Ireland goods to the market within Great Britain.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Clause 21, page 25, line 16, at
end insert—
|
|
|
|
|
|
“(6A)
|
Regulations under subsection (1) must include
provision to prevent any direct or
|
|
|
|
|
|
indirect commercial discrimination that may arise
to the detriment of businesses
|
|
|
|
|
|
(including farms) in Northern Ireland as a result
of the Ireland/Northern Ireland
|
|
|
|
|
|
|
|
|
|
Member’s explanatory
statement
|
|
|
|
|
|
This amendment is intended to prevent direct or
indirect commercial discrimination against
|
|
|
|
|
|
Northern Ireland products.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Clause 21, page 25, line 16, at
end insert—
|
|
|
|
|
|
“(6B)
|
Regulations under subsection (1) must include
provision to prevent non-tariff
|
|
|
|
|
|
barriers being imposed in Great Britain to
exclude Northern Ireland products
|
|
|
|
|
|
except to the extent strictly required by the
Ireland/Northern Ireland Protocol as
|
|
|
|
|
|
long as it remains in force.”
|
|
|
|
|
|
Member’s explanatory
statement
|
|
|
|
|
|
This amendment is intended to prevent a ‘not
available in / do not ship to NI’ approach where
no
|
|
|
|
|
|
sound competitive reasoning is supplied, in order
to protect Northern Ireland consumers and
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Clause 21, page 25, line 16, at
end insert—
|
|
|
|
|
|
“(6C)
|
Regulations under subsection (1) must include
provision to prevent the exclusion
|
|
|
|
|
|
of Northern Ireland produce or products from
British marketing campaigns or
|
|
|
|
|
|
assurance, trade and labelling schemes.”
|
|
|
|
|
|
Member’s explanatory
statement
|
|
|
|
|
|
This amendment is intended to prevent Northern
Ireland products being excluded from ‘Red
|
|
|
|
|
|
Tractor’ or ‘Buy British’ marketing schemes.
|
|
|
|
|
|
|
|
|
|
|
|
Clause 21, page 25, line 27, at
end insert—
|
|
|
|
|
|
“(8)
|
But regulations under this section may not—
|
|
|
|
|
|
(a)
|
impose or increase taxation or fees,
|
|
|
|
|
|
(b)
|
make retrospective provision,
|
|
|
|
|
|
(c)
|
create a relevant criminal offence,
|
|
|
|
|
|
(d)
|
establish a public authority,
|
|
|
|
|
|
(e)
|
amend, repeal or revoke the Human Rights Act 1998
or any subordinate
|
|
|
|
|
|
legislation made under it, or
|
|
|
|
|
|
(f)
|
amend or repeal the Scotland Act 1998, the
Government of Wales Act
|
|
|
|
|
|
2006 or the Northern Ireland Act 1998.”
|
|
|
|
|
|
Member’s explanatory
statement
|
|
|
|
|
|
This amendment would apply the usual restrictions
on Ministers’ delegated power to make
|
|
|
|
|
|
regulations under the Government’s proposed new
section 8C of the European Union
|
|
|
|
|
|
|
