European Union (Withdrawal) Bill 2017-19 Notices of Amendments as
at Friday 6 October 2017 | PDF version, 468KB NOTE
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European Union (Withdrawal)
Bill 2017-19
Notices of Amendments as at Friday 6 October
2017 | PDF version, 468KB
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This document includes all amendments tabled to
date and includes any
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withdrawn amendments at the end. The amendments
have been arranged in
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accordance with the Order of the House [11
September 2017].
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The arrangement shown below is
provisional and is subject to change.
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NEW CLAUSES AND NEW SCHEDULES RELATING TO CLAUSE
1, CLAUSE 1
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Clause 1, page 1, line 3, at
beginning insert “Subject to ratification by both
Houses
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of Parliament of a new Treaty between the
European Union and the United Kingdom,”
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Member’s explanatory
statement
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This amendment would ensure that the United
Kingdom does not repeal the European
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Communities Act 1972 and exit the European Union
unless and until a new Treaty establishing a
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future relationship between the UK and EU has
been agreed and ratified by Parliament.
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Clause 1, page 1, line 3, after
“1972”, insert “, except for section 5 of and
Schedule
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Member’s explanatory
statement
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This amendment would ensure that the existing
legal framework for customs duties and the
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Customs Union common external tariff framework
would continue to be in effect after exit day.
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Clause 1, page 1, line 3, at
end insert “, if the requirement in subsection
(2) is met.
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(2)
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The European Communities Act 1972 shall only be
repealed under subsection (1)
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if an agreement has been reached with the
European Council that failure by the
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Parliament of the United Kingdom to approve the
terms of exit for the UK will
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result in the maintenance of UK membership on
existing terms.”
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Clause 1, page 1, line 3, at
end insert—
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“(2)
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Regulations under section 19(2) bringing into
force subsection (1) may not be
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made until the Prime Minister is satisfied that
an agreement has been reached for
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the United Kingdom to remain a member of the EEA
and of the Customs Union.”
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Member’s explanatory
statement
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This amendment makes the repeal of the European
Communities Act 1972 on exit day conditional
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on the Prime Minister reaching an agreement for
the United Kingdom to remain a member of the
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Clause 1, page 1, line 3, at
end insert—
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“(2)
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Regulations under section 19(2) bringing into
force subsection (1) may not be
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made until the Prime Minister is satisfied that
resolutions have been passed by the
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Scottish Parliament, the National Assembly for
Wales and the Northern Ireland
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Assembly signifying consent to the commencement
of subsection (1).”
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Member’s explanatory
statement
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This amendment makes the repeal of the European
Communities Act 1972 on exit day conditional
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on the Prime Minister gaining consent from the
devolved legislatures.
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Clause 1, page 1, line 3, at
end insert—
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“(2)
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Regulations under section 19(2) bringing into
force subsection (1) may not be
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made until the Secretary of State lays a report
before—
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(b)
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the National Assembly for Wales
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outlining the effect of the United Kingdom’s
withdrawal from the EU on the
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National Assembly for Wales’s block grant.”
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Member’s explanatory
statement
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This amendment would require the UK Government to
lay a report before the National Assembly
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for Wales outlining the effect of the UK’s
withdrawal from the EU on Welsh finances, before
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exercising the power under section 1. This would
allow for scrutiny of the Leave Campaign’s
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promise to maintain current levels of EU funding
for Wales.
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NEW CLAUSES AND NEW SCHEDULES RELATING TO CLAUSE
6, CLAUSE 6
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To move the following Clause—
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“Interpretation of retained EU law during
transitional period
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Within one month of Royal Assent of this Act the
Secretary of State shall lay a
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report before Parliament setting out how the
interpretation of retained EU law
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provisions in section 6 shall operate in the
event of a transitional period being
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agreed between the United Kingdom and the
European Union ahead of the
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implementation of a withdrawal agreement.”
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Member’s explanatory
statement
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This new clause would ensure that Ministers must
set out in detail how the provisions in clause 6
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would apply during a transitional period before
the United Kingdom fully implements a
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Clause 6, page 3, line 33, after
“matter” insert “(other than a pending matter)”
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Clause 6, page 3, line 34, leave
out subsection (2) and insert—
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“(2)
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When interpreting retained EU law after exit day
a court or tribunal shall pay due
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regard to any relevant decision of the European
Court.”
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Clause 6, page 4, line 20, leave
out subsection (7)
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NEW CLAUSES AND NEW SCHEDULES RELATING TO CLAUSE
2, CLAUSE 2, NEW CLAUSES
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AND NEW SCHEDULES RELATING TO CLAUSE 3, CLAUSE 3,
NEW CLAUSES AND NEW
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SCHEDULES RELATING TO CLAUSE 4, CLAUSE 4
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NEW CLAUSES AND NEW SCHEDULES RELATING TO CLAUSE
2, CLAUSE 2
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To move the following Clause—
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“Retaining Enhanced Protection
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Regulations provided for by Acts of Parliament
other than this Act may not be
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used by Ministers of the Crown to amend or modify
retained EU law in the
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(a)
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employment entitlement, rights and protections;
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(b)
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equality entitlements, rights and protections;
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(c)
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health and safety entitlement, rights and
protections;
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(d)
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fundamental rights as defined in the EU Charter
of Fundamental Rights.”
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Member’s explanatory
statement
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This new clause would prevent delegated powers
from other Acts being used to alter workplace
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protections, equality provisions, health and
safety regulations or fundamental rights.
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To move the following Clause—
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“Provisions relating to the EU or the EEA in
respect of EU-derived domestic
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HM Government shall make arrangements to report
to both Houses of Parliament
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whenever circumstances arising in section 2(2)(d)
would otherwise have
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amended provisions or definitions in UK law had
the UK remained a member of
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the EU or EEA beyond exit day.”
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Member’s explanatory
statement
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This new clause would ensure that Parliament is
informed of changes in EU and EEA provisions
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that might have amended UK law if the UK had
remained a member of those institutions beyond
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Clause 2, page 1, line 12, after
“passed” insert “and commenced,”
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Clause 2, page 1, line 19, at
end insert “or any enactment to which subsection
(2A)
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“(2A)
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This subsection applies to any enactment of the
United Kingdom Parliament
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(a)
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applies to Wales and does not relate to matters
specified in Schedule 7A
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to the Government of Wales Act 2006,
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(b)
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applies to Scotland and does not relate to
matters specified in Schedule 5
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to the Scotland Act 1998,
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(c)
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applies to Northern Ireland and does not relate
to matters specified in
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Schedules 2 or 3 to the Northern Ireland Act
1998.”
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Member’s explanatory
statement
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This amendment alters the definition of EU
retained law so as only to include reserved areas
of
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legislation. This will allow the National
Assembly for Wales and the other devolved
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administrations to legislate on areas of EU
derived law which fall under devolved competency
for
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Clause 2, page 1, line 19, at
end insert—
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“(2A)
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For the purposes of this Act, any EU-derived
domestic legislation has effect in
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domestic law immediately before exit day if—
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(a)
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in the case of anything which shall apply or be
operative from a particular
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date, applies or is operative before exit day, or
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(b)
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in any other case, it has been commenced and is
in force immediately
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NEW CLAUSES AND NEW SCHEDULES RELATING TO CLAUSE
3, CLAUSE 3
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Clause 3, page 2, leave
out lines 13 to 22
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Member’s explanatory
statement
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This amendment, along with the amendments to its
related schedules would exclude the European
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Economic Area agreement from the Bill, allowing
the UK to remain in the EEA.
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NEW CLAUSES AND NEW SCHEDULES RELATING TO CLAUSE
4, CLAUSE 4
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To move the following Clause—
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“EU Protocol on animal sentience
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Obligations and rights contained within the EU
Protocol on animal sentience set
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out in Article 13 of Title II of the Lisbon
Treaty shall be recognised and available
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in domestic law on and after exit day, and shall
be enforced and followed
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Member’s explanatory
statement
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This new clause seeks to transfer the EU Protocol
on animal sentience set out in Article 13 of
Title
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II of the Lisbon Treaty into UK law, so that
animals continue to be recognised as sentient
beings
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