Government’s EU Exit Analysis

Eleanor Laing Excerpts

Wednesday 31st January 2018 Commons Chamber

[Several hon. Members rose—]

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. This has been such a heated debate that we must now reduce the time limit to five minutes.

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[Deidre Brock (Edinburgh North and Leith) (SNP)]

This has been an interesting debate, and I appreciate the intent behind it, but we have to be a bit more basic in our expectations. Everybody with any sense of how the world works, or even the tiniest ability to listen to experts, knows that leaving the EU is a disaster in slow motion. It is an omnishambles.

Like a train in a spaghetti western running on to a half-collapsed bridge, we know that the plunge is coming, but the people driving the train are shovelling more coal into the boiler—they have never looked over the side and they are fairly sure the train can make the jump to safety on the other side. Frankly, the blank refusal to look at what is actually happening makes blind faith look like scepticism.

The assertion that we will trade jam with China and scones with Brazil to make up for loss of access to the world’s biggest barrier-free marketplace, and the claim that 27 countries will be crippled without our expertise, is madness, as the right hon. Member for Broxtowe (Anna Soubry), who is no longer in the Chamber, said.

I do not know what is in the tea in Whitehall, but it is pretty strong. If the analysis is anything like as rubbish as the policy position, its value, as has already been said, will be questionable, but I agree with Labour that it should be published. I am happy to hear that we will get to see the analysis, but it should go further. The people who put us here, and who pay for everything that gets done here and in our names elsewhere, are entitled to know just how much ignorance is at the heart of Government strategy and what the Government’s best forecast is of just how much disaster we are facing.

We all know there is a cliff edge, but none of us knows how high the cliff is. We have seen some analysis, most pertinently from the Scottish Government, and no one is predicting benefits. The best that anyone says is that there might be some way to ameliorate the worst effects, some way to make the pain a little less.

Leaving the EU is bad; walking away from the customs union and the single market is worse. Voters had many reasons for voting to leave. I have heard people offer different reasons, but none of them reckoned that we would end up with better trading relations. The people who will have to suffer the blunt trauma of this exit deserve the scant respect of having these forecasts opened up to scrutiny.

Labour’s motion calls for Members to be allowed to see the forecasts, and I acknowledge the Government’s movement, but I regard that movement as only a good first step on the way to everyone having sight of the forecasts. Frankly, I do not understand why the Labour motion is so narrowly drawn. In fact, I cannot for the life of me understand why there is so little opposition to exiting the EU, the single market and the customs union among Labour Members.

I appreciate there was a substantial leave vote in many of the seats that Labour worries about, and that there was a bit of a UKIP vote against a fair number of Labour MPs, but I cannot understand why an entire party would abdicate the responsibility of leading. Contrary to the Tony Blair doctrine, politics is not always about finding out where people are already heading in order to try to lead them there; sometimes we have to stand and say, “It is this way.” Sometimes we have to say that we believe something is the right thing to do, and the right thing to do now is surely to seek to protect, to the greatest extent possible, our membership of the single market and the customs union.

As we are where we are—heading down a track that comes to an abrupt and uncompromising end—the Government should at least have the courtesy of letting us see what they think are the best-case and worst-case scenarios. On courteous behaviour, I ask the Government to confirm that the analysis will be sent to the devolved Administrations at the same time as it goes to the Chair of the Exiting the European Union Committee.

The public should also be offered the courtesy of a glance at the research. We are told by the Brexit Department that everything is going swimmingly and will be all right if we just have enough faith and patience, so I cannot see why there would be any reluctance to publish the intellectual musings of the Brexit Secretary and the underpinning, in-depth research that I am sure went into those musings.

All might be for the best in the best of all possible Brexits, but we have no way of knowing what kind of Brexit is heading our way, what the great vision of the Government is or what kind of economic disaster zone is heading our way. I have seen nothing plausible to counter those who say that the economic outlook is almost apocalyptic—

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. I call Geraint Davies.

European Union (Withdrawal) Bill

Eleanor Laing Excerpts

Committee: 8th sitting: House of Commons
Wednesday 20th December 2017 Commons Chamber

The Minister, who is no longer in the Chamber, asked us to accept a number of assurances from him about the Government’s intentions in the debates that have been held in this House, particularly in relation to amendment 7. I think that the will of the House was expressed very clearly on amendment 7—we had a vote and it was carried. The Government should respect the spirit and terms of that amendment, and I hope that Ministers will take that message on board. That is the way Parliament takes back control and expresses its will. I do not expect Ministers to seek to amend or weaken the provision on Report.

[The First Deputy Chairman of Ways and Means (Mrs Eleanor Laing)]

Since the moment when Sir David Amess was in the Chair and asked hon. Members to speak for no more than five minutes or so, everyone has taken at least 10 or 11 minutes. That really says something about behaviour in the Chamber.

[Sir Edward Leigh]

It is a truth universally acknowledged that one’s own speeches seem short and incisive, while others’ seem long and discursive. If I speak for more than five minutes, please order me to exit, Mrs Laing.

Frankly, there has been a lot of hype about this Bill. We have had nearly 70 hours of debate on it, which is all very welcome, but there has also been a lot of hype. All this Bill does is put into our own law what was previously in EU law. It does not change how we leave the EU. Therefore, I for one welcome the spirit of compromise that seems to have broken out today. I welcome the fact that we are all going to vote, if there is a vote, for amendment 400 and for the original amendment 381 that put the date in the Bill. Perhaps we should have put the date in the Bill in the first place, because Brexit means Brexit, Brexit means that we are leaving the EU and Brexit means that we are leaving the EU on 29 March 2019. For all the hundreds of hours of debate, that is all that matters because we are obeying the instructions given to us by the British people.

I was slightly worried about amendment 400 when I was first told about it very kindly by the Whips Office over the weekend, but I listened to the Prime Minister’s assurance today that this measure would only be used to delay the exit date by a very short period, only in exceptional circumstances and only by an order subject to the affirmative resolution procedure. All that amendment 400 does is to ensure that this Bill—it will then be an Act—marches step by step in accord with our treaty obligations under article 50.

Make no mistake that, whatever amendment 7 says, it does not make much practical difference. The situation could, of course, be dealt with by simply withdrawing clause 9. The amendment prevents the Government from making preparatory orders, but it does not delay the process. I therefore welcome what the Minister has said today. He has been clear from the Dispatch Box—I say this to the hon. Member for Stretford and Urmston (Kate Green), who has just again repeated the question—that the Government are not seeking to subvert the will of the House of Commons as expressed last week. That is good for us leavers, as we are leavers because we believe passionately in the sovereignty of Parliament. I welcome the fact that we are having 60 hours of debate and that we will come back to debate the Bill in another week. I welcome the fact that more legislation will be needed. The more Bills, the more motions, the more affirmative orders—I welcome them all, because we cannot reverse this process.

I say to my right hon. Friend the Member for Broxtowe (Anna Soubry) that, yes, there will be an implementation period. During that period, we will be law takers, not law givers. To that extent, we will be a colony of the EU. That is why it has to be a short period, and it is why—this is a firm policy of the Government and the firm view of the overwhelming majority of Conservative Members of Parliament—we will leave the single market and the customs union after that short implementation period. That does not necessarily mean that we will not be a member of a customs union or a single market, but we would not be a member of the regulatory single market, because if we were, we would not control our own borders.

I say to Members on the Government Front Bench, if they need any encouragement: I welcome the spirit of compromise today; I welcome the fact that we are going to be generous to EU citizens here and that we have made progress; and I welcome the fact that the Brexiteers are co-operating with every single compromise that the Government are prepared to make in order to take this process forward and ensure that we have a long and lasting friendship with our friends in Europe.

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Let us remember that this Government were in the Supreme Court this time last year trying to prevent this supposedly sovereign Parliament from having a say on article 50, and they suffered a humiliating defeat. Last week, they were in the Chamber trying to prevent this so-called sovereign Parliament from having a say on the final deal, and they suffered a humiliating defeat. The Prime Minister called an unnecessary election to increase her majority, and she suffered a humiliating setback. Surely the lesson of the past 12 months is that the Government need to learn some humility. As regards the customs union and the single market, why do they not just fess up that they got it wrong and then put this right before it is too late?

[The First Deputy Chairman of Ways and Means (Mrs Eleanor Laing)]

I call Suella Fernandes.

[Huw Merriman]

Last again.

[Angela Smith]

I wish to speak briefly, as chair of the all-party group on the chemical industries, to new clause 61, tabled by my hon. Friend the Member for Wakefield (Mary Creagh). I am not going to rehearse the arguments that she has already made; she gave an incredibly strong account of why we should stay within REACH. It suffices only to say that the chemicals industry does not want to see any drop in regulatory standards. It wants to stay within REACH, for obvious reasons, not least because it wants a smooth transition post-Brexit, and staying within REACH makes sense in that regard. When an industry as big and as important to our export profile as chemicals is so vociferous in its argument that it wants to stay within REACH, this House and every Member of this House should take notice and think very carefully about how they proceed on that point.

The remaining comments I want to make are on new clause 13. It really saddens me to say this, but I am very sad to see those on my own Front Bench making an argument about new clause 13 that I believe to be erroneous. Their argument tonight has been—on paper, if not on the Floor of the House—that the clause actually ties us into the customs union. Nothing could be further from the truth. My hon. Friend the Member for Nottingham East (Mr Leslie) made it absolutely clear that this clause is about making sure that the option of staying in the customs union is not taken off the table.

I shall not go into all the various arguments that have been made, because we have not got time, but I do want to ask every Member of this House, particularly my colleagues, to bear in mind the importance of not ruling out membership of the customs union. Voting for the new clause tonight will be an act of conscience that will send a powerful signal to the country and the Government that we understand the importance, potentially, of the customs union and the importance of giving the Government the strongest possible negotiating position when it comes to that regulatory alignment that we have heard so much about in recent days.

On Ireland—I will finish on this point—my hon. Friend the Member for Nottingham East made the case about avoiding a hard border between Northern Ireland and southern Ireland, and made the point that that is one of the key reasons why this new clause, and the potential for staying in the customs union, is so important.

[The First Deputy Chairman of Ways and Means (Mrs Eleanor Laing)]

Order. We have hardly any time left. Ireland was debated last week.

[Angela Smith]

The right hon. and learned Member for Rushcliffe (Mr Clarke) and my hon. Friend the Member for Nottingham East said that Ireland raised the point about the customs union and the hard border. That is why it is relevant to this clause. It is about trade between those two countries—the UK and the Republic. The point is that it is also about avoiding the hard border in relation to our other, very important, relationships with Ireland.

I ask every Member of this House to bear in mind the emotional and powerful speech made last week by our hon. Friend the Member for North Down (Lady Hermon). It is really important that we remember those days when the hard border between the two countries, and the troubles, delivered so much devastation, hatred and agony to the people of Northern Ireland. On those grounds alone, I ask people to support new clause 13 tonight, and I ask Members on the Opposition Benches, including Members of my own party, to support the new clause, because to do so is in the interests of the country and in the interests particularly of our friends in Northern Ireland.

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[Lloyd Russell-Moyle (Brighton, Kemptown) (Lab/Co-op)]

On a point of order, Madam Deputy Speaker. Is the position of the Secretary of State for Exiting the European Union now untenable? He said that he would resign if the former Deputy Prime Minister was forced out.

Have you received any indication, Madam Deputy Speaker, that the former Deputy Prime Minister will come to the House and correct the misleading statement that he made to us?

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. That is simply not a point of order. We are dealing with serious business here, and it needs no further comment from me.

European Union (Withdrawal) Bill

Eleanor Laing Excerpts

Committee: 6th sitting: House of Commons
Tuesday 12th December 2017 Commons Chamber

[Mr Chris Leslie (Nottingham East) (Lab/Co-op)]

I beg to move, That the clause be read a Second time.

[The First Deputy Chairman of Ways and Means (Mrs Eleanor Laing)]

With this it will be convenient to consider the following:

New clause 24—Scope of delegated powers—

“Subject to sections 8 and 9 and paragraphs 13 and 21 of Schedule 2, any power to make, confirm or approve subordinate legislation conferred or modified under this Act and its Schedules must be used, and may only be used, insofar as is necessary to ensure that retained EU law continues to operate with equivalent scope, purpose and effect following the United Kingdom’s exit from the EU.”

The purpose of this amendment is to ensure that the powers to create secondary legislation given to Ministers by the Bill can be used only in pursuit of the overall statutory purpose, namely to allow retained EU law to continue to operate effectively after exit day.

New clause 27—Institutional arrangements—

“(1) Before exit day a Minister of the Crown must make provision that all powers and functions relating to the environment or environmental protection that were exercisable by EU entities or other public authorities anywhere in the United Kingdom before exit day which do not cease to have effect as a result of the withdrawal agreement (‘relevant powers and functions’) will—

(a) continue to be carried out by an EU entity or public authority;

(b) be carried out by an appropriate existing or newly established entity or public authority in the United Kingdom; or

(c) be carried out by an appropriate international entity or public authority.

(2) For the purposes of this section, relevant powers and functions relating to the UK exercisable by an EU entity or public authority include, but are not limited to—

(a) monitoring and measuring compliance with legal requirements,

(b) reviewing and reporting on compliance with legal requirements,

(c) enforcement of legal requirements,

(d) setting standards or targets,

(e) co-ordinating action,

(f) publicising information including regarding compliance with environmental standards.

(3) Within 12 months of exit day, the Government shall consult on and bring forward proposals for the creation by primary legislation of—

(a) a new independent body or bodies with powers and functions at least equivalent to those of EU entities and public authorities in Member States in relation to environment; and

(b) a new domestic framework for environmental protection and improvement.

(4) Responsibility for any functions or obligations arising from retained EU law for which no specific provision has been made immediately after commencement of this Act will belong to the relevant Minister until such a time as specific provision for those functions or obligations has been made.”

This new clause requires the Government to establish new domestic governance proposals following the UK’s exit from the EU and to ensure statutory and institutional basis for future environmental protection.

New clause 35—Regulations (publication of list)—

“(1) Within 1 month of this Act receiving Royal Assent, the Secretary of State must publish a draft list of regulations that the Government intends to make under section 7.

(2) A list under subsection (1) must include—

(a) the proposed title of the regulation,

(b) the area of retained EU law it is required to correct,

(c) the Government Department who has responsibility for the regulation, and

(d) the proposed month in which the regulation will be tabled.

(3) The Secretary of State must ensure that a list published under subsection (1) is updated within one month from the day it was published, and within one month of every subsequent update, to include any regulations that the Government has since determined it intends to make.”

This new clause would require the Government to produce a list of regulations it intends to make under the Bills correcting powers, and to update that list each month, in order to provide clarity about when, and in which areas, it believes the power will be necessary.

New clause 37—Governance and institutional arrangements—

“(1) Before exit day a Minister of the Crown must seek to make provision that all powers and functions relating to any right, freedom, or protection, that any person might reasonably expect to exercise, that were exercisable by EU entities or other public authorities anywhere in the United Kingdom before exit day, and which do not cease to have effect as a result of the withdrawal agreement (‘relevant powers and functions’) will—

(a) continue to be carried out by an EU entity or public authority;

(b) be carried out by an appropriate existing or newly established entity or public authority in the United Kingdom; or

(c) be carried out by an appropriate international entity or public authority.

(2) For the purposes of this section, relevant powers and functions relating to the UK exercisable by an EU entity or public authority include, but are not limited to—

(a) monitoring and measuring compliance with legal requirements,

(b) reviewing and reporting on compliance with legal requirements,

(c) enforcement of legal requirements,

(d) setting standards or targets,

(e) co-ordinating action,

(f) publicising information.

(3) Responsibility for any functions or obligations arising from retained EU law for which no specific provision has been made immediately after commencement of this Act will belong to the relevant Minister until such a time as specific provision for those functions or obligations has been made.”

This new clause would ensure that the institutions and agencies that protect EU derived rights and protections are replaced to a sufficient standard so those rights and protections will still be enjoyed in practice.

New clause 53—Dealing with deficiencies arising from withdrawal in relation to child refugee family reunion—

“(1) In the exercise of powers under section 7 (Dealing with deficiencies arising from withdrawal) the Secretary of State must in particular make regulations amending the Immigration Rules in order to preserve the effect in the United Kingdom of Commission Regulation (EU) No. 604/2013 (establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person).

(2) In particular, the regulations made under subsection (1) must provide for an unaccompanied minor who has a family member in the United Kingdom who is a refugee or has been granted humanitarian protection to have the same family reunion rights to be reunited in the United Kingdom with that family member as they would have had under Commission Regulation (EU) No. 604/2013.

(3) The regulations under subsection (1) must require an assessment of the best interests of the minor, taking into account possibilities for family reunification, the minor’s well-being and social development, safety and security considerations, and the view of the minor.

(4) Regulations under this section must be made within six months of this Act receiving Royal Assent.

(5) For the purpose of this section “family member” in relation to the unaccompanied minor, means—

(a) their parents;

(b) their adult siblings;

(c) their aunts and uncles;

(d) their grandparents.”

This new clause is intended to provide for refugee family reunion in the UK in place of the family reunion aspects of the Dublin III Regulation, allowing adult refugees in the UK to sponsor relatives who are unaccompanied children to come to the UK from around the world.

New clause 62—Enforcement of retained environmental law—

“(1) The Secretary of State must make regulations under section 7 of this Act for the purpose of ensuring that retained EU legislation relating to environmental protection continues to be monitored and enforced effectively after exit day.

(2) The regulations must, in particular—

(a) create a statutory corporation (to be called “the Environmental Protection Agency”) with operational independence from Ministers of the Crown to monitor environmental targets set by retained EU law relating to environmental protection;

(b) require the statutory corporation to report to Parliament every year on progress in meeting those targets and to make recommendations for remedial action where appropriate;

(c) allow the statutory corporation to publish additional reports identifying action or omissions on the part of Ministers of the Crown that is likely to result in targets not being met.”

This new clause would require Ministers of the Crown to make specific provision for the enforcement of EU legislation relating to environmental protection.

New clause 63—Environmental standards and protections: enforcement—

“(1) Before exit day a Minister of the Crown must make provision that all powers and functions relating to environmental standards and protections that were exercisable by EU entities or other public authorities anywhere in the United Kingdom before exit day and which do not cease to have effect as a result of the withdrawal agreement (“relevant powers and functions”) will be carried out by an appropriate existing or newly established entity or public authority in the United Kingdom.

(2) For the purposes of this section, relevant powers and functions include, but are not limited to—

(a) reviewing and reporting on the implementation of environmental standards in practice,

(b) monitoring and measuring compliance with legal requirements,

(c) publicising information including regarding compliance with environmental standards,

(d) facilitating the submission of complaints from persons with regard to possible infringements of legal requirements, and

(e) enforcing legal commitments.

(3) For the purposes of this section, relevant powers and functions carried out by an appropriate existing or newly established entity or public authority in the United Kingdom on any day after exit day must be at least equivalent to all those exercisable by EU entities or other public authorities anywhere in the United Kingdom before exit day which do not cease to have effect as a result of the withdrawal agreement.

(4) Any newly established entity or public authority in the United Kingdom charged with exercising any relevant powers and functions on any day after exit day shall not be established other than by an Act of Parliament.

(5) Before making provision under subsection (1), a Minister of the Crown shall hold a public consultation on—

(a) the precise scope of the relevant powers and functions to be carried out by an appropriate existing or newly established entity or public authority in the United Kingdom, and

(b) the institutional design of any entity or public authority in the United Kingdom to be newly established in order to exercise relevant powers and functions.

(6) A Minister of the Crown may by regulations make time-limited transitional arrangements for the exercise of relevant powers and functions until such time as an appropriate existing or newly established entity or public authority in the United Kingdom is able to carry them out.”

This new clause would require the Government to establish new domestic governance arrangements following the UK’s exit from the EU for environmental standards and protections, following consultation.

New clause 82—Tertiary legislation—

“The powers conferred by this Act do not include power to confer any power to legislate by means of orders, rules or other subordinate instrument, other than rules of procedure for any court or tribunal.”

Amendment 65, in clause 7, page 5, line 4, leave out “appropriate” and insert “necessary”.

This Amendment would reduce the wide discretion for using delegated legislation and limit it to those aspects which are unavoidable.

Amendment 15, page 5, line 5, leave out from “effectively” to end of line 6 on page 6.

Amendment 49, page 5, line 7, at end insert—

“(1A) Regulations under subsection (1) may be made so far as necessary to adapt the body of EU law to fit the UK’s domestic legal framework.”

This amendment would place a general provision on the face of the Bill to the effect that the delegated powers granted by the Bill should be used only so far as necessary.

Amendment 131, page 5, line 7, at end insert—

“(1A) A Minister of the Crown must by regulations make provision to maintain, preserve and protect the rights of any citizen of an EU member state who was lawfully resident in the UK immediately before exit day, and in particular to continue their right to be lawfully resident in the UK.”

This Amendment is intended to preserve after exit day the rights, including residence rights, of EU citizens in the UK.

Amendment 264, page 5, line 7, at end insert—

“(1A) The Secretary of State shall make regulations to define “failure to operate efficiently” for the purposes of this section.”

This amendment would require the Secretary of State to define in regulations one of the criteria for the use of Clause 7 powers to deal with deficiencies arising from withdrawal from the EU.

Amendment 1, page 5, line 8, leave out “(but are not limited to)” and insert “and are limited to”.

To restrict the power of a Minister to make regulations to amend retained EU law to cases where the EU law is deficient in the way set out in the Bill.

Amendment 56, page 5, line 8, leave out “(but are not limited to)”.

This amendment would remove the ambiguity in Clause 7 which sets out a definition of ‘deficiencies in retained EU law’ but allows Ministers significant latitude. By removing the qualifying phrase ‘but are not limited to’, subsection (2) becomes a more precise prescribed set of circumstances where Ministers may and may not make regulations.

Amendment 277, page 5, line 41, at end insert—

“(3A) Regulations under this section may not be made unless a Minister of the Crown has laid before each House of Parliament a report setting out how any functions, regulation-making powers or instruments of a legislative character undertaken by EU entities prior to exit day and instead to be exercisable by a public authority in the United Kingdom shall also be subject to the level of legislative scrutiny by the UK Parliament equivalent to that available to the European Parliament prior to exit day.”

This amendment would ensure that any regulatory or rule-making powers transferred from EU entities to UK public bodies receive the same degree of scrutiny that would have been the case if the UK had remained in the European Union.

Amendment 359, page 5, line 41, at end insert—

“( ) Retained EU law is not deficient only because it enables rights to be exercised in the United Kingdom by persons having a connection with the EU, which other persons having a corresponding connection with the United Kingdom may not be able to exercise in the EU as a consequence of the United Kingdom’s withdrawal from the EU.”

The amendment would make clear that retained EU law cannot be modified under clause 7 to restrict the rights of EU nationals or businesses in the UK simply because UK nationals or businesses may lose equivalent rights in the EU as a result of the UK’s withdrawal.

Amendment 57, page 5, line 42, leave out subsection (4).

This amendment would remove the scope for regulations to make provisions that could be made by an Act of Parliament.

Amendment 32, page 5, line 43, at end insert “, apart from amending or modifying this Act”.

This amendment would remove the proposed capacity of Ministers under Clause 7 to modify and amend the Act itself via delegated powers.

Amendment 121, page 5, line 44, leave out subsection (5) and insert—

“(5) No regulations may be made under this section which provide for the establishment of public authorities in the United Kingdom.

(6) Subsection (5) applies to but is not limited to—

(a) Agency for the Cooperation of Energy Regulators (ACER),

(b) Office of the Body of European Regulators for Electronic Communications (BEREC Office),

(c) Community Plant Variety Office (CPVO),

(d) European Border and Coast Guard Agency (Frontex),

(e) European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (eu-LISA),

(f) European Asylum Support Office (EASO),

(g) European Aviation Safety Agency (EASA),

(h) European Banking Authority (EBA),

(i) European Centre for Disease Prevention and Control (ECDC),

(j) European Chemicals Agency (ECHA),

(k) European Environment Agency (EEA),

(l) European Fisheries Control Agency (EFCA),

(m) European Insurance and Occupational Pensions Authority (EIOPA),

(n) European Maritime Safety Agency (EMSA),

(o) European Medicines Agency (EMA),

(p) European Monitoring Centre for Drugs and Drug Addiction (EMCDDA),

(q) European Union Agency for Network and Information Security (ENISA),

(r) European Police Office (Europol),

(s) European Union Agency for Railways (ERA),

(t) European Securities and Markets Authority (ESMA), and

(u) European Union Intellectual Property Office (EUIPO).”

This amendment ensures that the Government cannot establish new agencies using delegated legislation.

Amendment 388, page 5, line 44, leave out subsection (5).

Amendment 61, page 6, line 3, leave out sub-paragraph (ii).

This amendment would remove the ability of Ministers to replace or abolish public service functions currently undertaken by EU entities without making an alternative provision for those equivalent public services to continue domestically after exit day. Retaining the existing functions undertaken by the EU is an important principle that the part of this sub-clause could potentially undermine.

Amendment 5, page 6, line 3, leave out “abolished”.

To prevent the abolition by SI of a function currently carried out by an EU entity in the UK, as opposed to its replacement or modification.

Amendment 108, page 6, line 4, leave out paragraph (b).

This amendment seeks to prevent the establishment of new public bodies by means of secondary legislation only, as opposed to primary legislation.

Amendment 17, page 6, line 6, at end insert—

“(5A) Regulations under this section must be prefaced by a statement by the person making the regulations—

(a) specifying the nature of the failure of retained European Union law to operate effectively or other deficiency arising from the withdrawal of the United Kingdom from the European Union in respect of which the regulations are made, and

(b) declaring that the person making the regulations—

(i) is satisfied that the conditions in section 7 are met,

(ii) is satisfied that the regulations contain only provision which is appropriate for the purpose of preventing, remedying or mitigating any failure to operate effectively or other deficiency in retained European Union law arising from the withdrawal of the United Kingdom from the European Union in respect of which the regulations are made,

(iii) is satisfied that the effect of the regulations is in due proportion to that failure to operate effectively or other deficiency in European Union retained law arising from the withdrawal of the United Kingdom from the European Union, and

(iv) is satisfied that the regulations are compatible with the Convention rights (within the meaning of section 1 of the Human Rights Act 1998 (c. 42)).”

This amendment replicates the provisions in the Civil Contingencies Act 2004, which limit Ministers’ powers even in a time of declared emergency. They ensure that statutory instruments are proportionate and necessary.

Amendment 48, page 6, line 6, at end insert—

“(5A) But a Minister may not make provision under subsection (4), other than provision which merely restates an enactment, unless the Minister considers that the conditions in subsection (5B), where relevant, are satisfied in relation to that provision.

(5B) These conditions are that—

(a) the effect of the provision is proportionate to the policy objective,

(b) the provision does not remove any necessary protection, and

(c) the provision does not prevent any person from continuing to exercise any right or freedom which that person might reasonably expect to continue to exercise.”

This amendment is intended to prevent the regulation-making power from being used to remove necessary protections.

Amendment 104, page 6, line 6, at end insert—

“(5A) A public authority established under this section will be abolished after two years.”

This amendment provides for any new public authority established under secondary legislation to be temporary.

Amendment 342, page 6, line 6, at end insert—

“(5A) Regulations to which subsection (5) applies must so far as practicable ensure that all powers and functions exercisable by EU entities or other public authorities anywhere in the United Kingdom before exit day which do not cease to have effect as a result of the withdrawal agreement are carried out by either an EU entity, an appropriate public authority in the United Kingdom or an appropriate international entity after exit day”.

This amendment would ensure that standards, rights and protections currently maintained by EU entities or public authorities in member states will continue to be maintained in practice following the UK’s exit from the EU.

Amendment 123, page 6, line 10, at end insert—

“(ca) weaken, remove or replace any requirement of law in effect in the United Kingdom place immediately before exit day which, in the opinion of the Minister, was a requirement up to exit day of the United Kingdom’s membership of the customs union,”

This amendment is intended to prevent the regulation-making powers being used to create barriers to the UK’s continued membership of the customs union.

Amendment 124, page 6, line 10, at end insert—

“(ca) weaken, remove or replace any requirement of law in effect in the United Kingdom place immediately before exit day which, in the opinion of the Minister, was a requirement up to exit day of the United Kingdom’s membership of the single market,”.

This amendment is intended to prevent the regulation-making powers being used to create barriers to the UK’s continued membership of the single market.

Amendment 222, page 6, line 11, at end insert—

“(da) remove any protections or rights of consumers which are available in the United Kingdom under EU law immediately before exit day.”

This amendment would prevent the Government from using powers in the Act to remove any consumer protections or rights enshrined in EU law after the United Kingdom’s withdrawal from the European Union.

Amendment 332, page 6, line 11, at end insert—

“(da) remove or reduce any rights available to unaccompanied child refugees or asylum seekers (including those who wish to claim asylum) concerning their admission or transfer to the UK under—

(i) Regulation (EU) No 604/2013 (the “Dublin Regulation”); or

(ii) Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States;

(db) remove any rights or obligations derived from the Treaty on the Functioning of the European Union, the Treaty on the European Union, or the Charter of Fundamental Rights, which can be applied to the treatment of unaccompanied child refugees or asylum seekers (including those who wish to claim asylum) concerning their admission or transfer to the UK,”

This amendment would prevent a Minister from using regulations under Clause 7 of the Bill to remove or reduce rights under the Dublin Regulation, the 2004 Directive on freedom of movement, or to remove rights or obligations under TFEU, TEU or the Charter of Fundamental Rights, regarding admission or transfer to the UK of unaccompanied child refugees or asylum seekers (including those who wish to claim asylum).

Amendment 333, page 6, line 11, at end insert—

“(da) establish a new entity or public authority in the United Kingdom charged with exercising any powers and functions currently exercisable by EU entities or other public authorities anywhere in the United Kingdom before exit day in relation to the environment or environmental protection”.

This amendment would ensure that any new institutions required to enforce environmental standards and protections following the UK’s exit from the EU can be created only by primary legislation.

Amendment 52, page 6, line 12, after “revoke” insert “the Equality Act 2010 or”

This amendment would prevent regulations under the Bill being used to amend the Equality Act 2010.

Amendment 363, page 6, line 12, after “revoke”, insert “, or otherwise modify the effect of,”

This amendment would ensure that the restriction in this paragraph could not be undermined by the use of legislation which does not amend the text of the Human Rights Act but modifies its effect.

Amendment 364, page 6, line 13, after “it”, insert—

“(ea) amend, repeal or revoke, or otherwise modify the effect of, any other law relating to equality or human rights,”.

This amendment would broaden the restriction in this subsection to protect all legislation relating to equality and human rights (and not only the Human Rights Act 1998).

Amendment 2, page 6, line 18, at end insert—

“(g) make any other provision, unless the Minister considers that the conditions in subsection (6A) where relevant are satisfied in relation to that provision.

(6A) Those conditions are that—

(a) the policy objective intended to be secured by the provision could not be secured by non-legislative means;

(b) the effect of the provision is proportionate to the policy objective;

(c) the provision, taken as a whole, strikes a fair balance between the public interest and the interests of any person adversely affected by it;

(d) the provision does not remove any necessary protection;

(e) the provision does not prevent any person from continuing to exercise any right or freedom which that person might reasonably expect to continue to exercise.

(f) the provision is not of constitutional significance”.

To narrow down the circumstances in which this power can be exercised.

Amendment 25, page 6, line 18, at end insert—

“(g) remove or reduce any protections currently conferred upon individuals, groups or the natural environment,

(h) prevent any person from continuing to exercise a right that they can currently exercise,

(i) amend, repeal or revoke the Equality Act 2010 or any subordinate legislation made under that Act.”

This amendment would prevent the Government’s using delegated powers under Clause 7 to reduce rights or protections.

Amendment 73, page 6, line 18, at end insert—

“(g) make changes to EU-derived domestic legislation concerning the rights of workers in the UK unless the Secretary of State has secured unanimous agreement from the Joint Ministerial Committee.”

Amendment 96, page 6, line 18, at end insert—

“(g) limit the scope or weaken standards of environmental protection.”

This Amendment ensures that the power to make regulations in Clause 7 may not be exercised to reduce environmental protection.

Amendment 109, page 6, line 18, at end insert—

“(g) amend, repeal or revoke any legal right derived from EU law and operative in UK law immediately before 30 March 2019.”

This amendment seeks to prevent the delegated powers granted to Ministers by Clause 7 being used to weaken or abolish existing EU-derived legal rights, such as those on workers’ rights, equality, and environmental protection.

Amendment 233, page 6, line 18, at end insert—

“(g) make changes to EU-derived domestic legislation concerning the co-ordination of social security systems between the UK and EU member states unless the Secretary of State has consulted with the relevant Minister in each of the devolved administrations.”

This amendment would require that changes cannot be made under Clause 7 to EU-derived domestic legislation concerning the co-ordination of social security systems between the UK and EU member states unless the Secretary of State has consulted with the relevant Minister in each of the devolved administrations.

Amendment 234, page 6, line 18, at end insert—

“(g) make changes to EU-derived domestic legislation concerning eligibility for UK pensions unless a public consultation on these changes has taken place.”

This amendment would require that changes cannot be made under Clause 7 to EU-derived domestic legislation concerning eligibility for UK pensions unless a public consultation on these changes has taken place.

Amendment 239, page 6, line 18, at end insert—

“(g) make changes to EU-derived domestic legislation concerning agricultural policies in the UK unless the Secretary of State has secured unanimous agreement from the Joint Ministerial Committee to those changes.”

This amendment would ensure that the power to make regulations on agricultural policy under Clause 7 could not be exercised without agreement from the Joint Ministerial Council.

Amendment 240, page 6, line 18, at end insert—

“(g) make changes to EU-derived domestic legislation concerning fisheries in the UK unless the Secretary of State has secured unanimous agreement from the Joint Ministerial Committee to those changes.”

This amendment would ensure that the power to make regulations concerning fisheries under Clause 7 could not be exercised without agreement from the Joint Ministerial Council.

Amendment 266, page 6, line 18, at end insert—

“(g) amend, repeal or revoke the Equality Act 2010 or any subordinate legislation made under it.”

This amendment would prevent the powers in Clause 7 being used to amend Equality Act 2010 legislation.

Amendment 269, page 6, line 18, at end insert—

“(g) remove, reduce or otherwise limit the rights of EU citizens resident in the UK.”

This amendment would prevent the powers in Clause 7 being used to remove, reduce or otherwise limit the rights of EU citizens resident in the UK.

Amendment 272, page 6, line 18, at end insert—

“(g) make provision which, in the opinion of the Minister, could pose a threat to national security.”

This amendment would prevent the powers in Clause 7 being used to make provision which could pose a threat to national security.

Amendment 389, page 6, line 18, at end insert—

“(g) confer a power to legislate (other than a power to make rules of procedure for a court or tribunal).”

Amendment 138, page 6, line 18, at end insert—

“(6A) Regulations may not be made under this section unless a Minister of the Crown has certified that the Minister is satisfied that the regulations do not remove or reduce any environmental protection provided by retained EU law.”

This amendment ensures that regulations under this section cannot interfere with environmental protection under retained EU law, by requiring a Ministerial certificate.

Amendment 360, page 6, line 18, at end insert—

“(6A) A Minister of the Crown must as soon as reasonably practicable—

(a) publish a statement of Her Majesty’s Government’s policy as to modifications of retained EU law under this section, so far as they appear to the Minister likely to affect industry and commerce in the United Kingdom, and

(b) consult with representatives of, or participants in, industry and commerce as to the modifications which are necessary or desirable.

(6B) In subsection (6A) “industry and commerce” includes financial and professional services.”

The amendment would require early consultation with representatives of the financial and professional services industries on relevant modifications which are to be made under clause 7.

Amendment 385, page 6, line 18, at end insert—

“(6A) A Minister of the Crown must by regulations make provision to replicate the protections in relation to ‘protected persons’ as defined in Part 3 of the Criminal Justice (European Protection Order) (England and Wales) Regulations 2014 after exit day.”

This amendment is intended to require the Government to make regulations that continue to recognise European Protection Orders issued by courts in other EU member states after exit day.

Amendment 16, page 6, line 21, leave out subsection (8).

Amendment 88, page 6, line 25, at end insert—

“(9) Regulations may only be made under subsection (5)(a)(ii) if an impact assessment on the replacement, abolition or modification of the functions of EU entities is laid before each House of Parliament prior to them being made.”

This amendment prevents Ministers of the Crown from being able to replace, abolish or modify the functions of EU Agencies without laying impact assessments on its effect before both Houses of Parliament.

Amendment 334, page 6, line 25, at end insert—

“(9) In the exercise of powers under this section the Secretary of State must guarantee the standards and protections currently required as a result of the National Emissions Ceilings Directive, the Ambient Air Quality Directive, the Industrial Emissions Directive, the Medium Combustion Plant Directive and Directive 2004/107/EC relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air.”

This amendment would ensure that the UK maintains existing air quality standards and protections following the UK’s exit from the EU.

Clause 7 stand part.

Amendment 206, in clause 9, page 6, line 43, leave out “appropriate” and insert “necessary”

To require the final deal with the EU to be approved by statute passed by Parliament.

Amendment 114,  page 7, line 1, leave out subsection (2).

This amendment seeks to restrict the delegated powers granted to Ministers by Clause 9.

Amendment 18, page 7, line 2, leave out “(including modifying this Act)” and insert

“except modifying this Act, the Parliament Acts 1911 and 1949 and any Act granted Royal Assent in the session of Parliament in which this Act is passed”.

This removes the power of Ministers to amend this Act, the Parliament Acts and any Act granted assent in this session of Parliament. It is necessary so as to safeguard the constitutional provisions in the Parliament Acts, such as the provision that a Parliament cannot last more than five years and the relative powers of the House of Lords.

Amendment 30, page 7, line 2, leave out ‘(including modifying this Act)’ and insert

“, apart from amending or modifying this Act”.

This amendment would remove the proposed capacity of Ministers in Clause 9 to modify and amend the Act itself via delegated powers.

Amendment 59, page 7, line 2, leave out “including” and insert “but not”.

This amendment would prevent the Ministerial order making powers in Clause 9 being used to modify the European Union (Withdrawal) Act itself.

Amendment 368, page 7, line 6, leave out “or”.

This amendment is preparatory to Amendment 370.

Amendment 369, page 7, line 7, after “revoke”, insert “, or otherwise modify the effect of,”

This amendment would ensure that the restriction in this paragraph could not be undermined by the use of legislation which does not amend the text of the Human Rights Act but modifies its effect.

Amendment 13, page 7, line 8, at end insert—

“(e) make any provision, unless the Minister considers that the conditions in subsection (3B) where relevant are satisfied in relation to that provision.

(3A) Those conditions are that—

(a) the policy objective intended to be secured by the provision could not be secured by non-legislative means;

(b) the effect of the provision is proportionate to the policy objective;

(c) the provision, taken as a whole, strikes a fair balance between the public interest and the interests of any person adversely affected by it;

(d) the provision does not remove any necessary protection;

(e) the provision does not prevent any person from continuing to exercise any right or freedom which that person might reasonably expect to continue to exercise;

(f) the provision is not of constitutional significance”

Amendment 27, page 7, line 8, at end insert—

“(e) remove or reduce any protections currently conferred upon individuals, groups or the natural environment,

(f) prevent any person from continuing to exercise a right that they can currently exercise,

(g) amend, repeal or revoke the Equality Act 2010 or any subordinate legislation made under that Act.”

This amendment would prevent the Government’s using delegated powers under Clause 9 to reduce rights or protections.

Amendment 98, page 7, line 8, at end insert—

“(e) limit the scope or weaken standards of environmental protection.”

This Amendment ensures that the power to make regulations in Clause 8 may not be exercised to reduce environmental protection.

Amendment 115, page 7, line 8, at end insert—

“(e) amend, repeal or revoke any legal right derived from EU law and operative in UK law immediately before 30 March 2019.”

This amendment seeks to prevent the delegated powers granted to Ministers by Clause 9 being used to weaken or abolish existing EU-derived legal rights, such as those on workers’ rights, equality, and environmental protection.

Amendment 268, page 7, line 8, at end insert—

“(e) amend, repeal or revoke the Equality Act 2010 or any subordinate legislation made under it.”

This amendment would prevent the powers in Clause 9 being used to amend Equality Act 2010 legislation.

Amendment 271, page 7, line 8, at end insert—

“(e) remove, reduce or otherwise limit the rights of EU citizens resident in the UK.”

This amendment would prevent the powers in Clause 9 being used to remove, reduce or otherwise limit the rights of EU citizens resident in the UK.

Amendment 274, page 7, line 8, at end insert—

“(e) make provision which, in the opinion of the Minister, could pose a threat to national security.”

This amendment would prevent the powers in Clause 9 being used to make provision which could pose a threat to national security.

Amendment 370, page 7, line 8, at end insert “, or

(e) amend, repeal or revoke, or otherwise modify the effect of, any other law relating to equality or human rights.”.

This amendment would broaden the restriction in this subsection to protect all legislation relating to equality and human rights (and not only the Human Rights Act 1998).

New clause 1—Scrutiny Committee—

“(1) For the purposes of this Act ‘a scrutiny committee’ refers to either—

(a) the House of Lords Secondary Legislation Scrutiny Committee, or

(b) a Committee of the House of Commons which is established to perform the specific functions assigned to a scrutiny committee in this Act.

(2) The scrutiny committee referred to in subsection (1)(b) shall be chaired by a Member who is—

(a) of the same Party as the Official Opposition, and

(b) elected by the whole House.”

This new clause establishes the principle that there shall be a Commons triage committee which works alongside the Lords Secondary Legislation Scrutiny Committee to determine the level of scrutiny each statutory instrument shall receive.

New clause 6—Government proposals for Parliamentary scrutiny—

“Within one month of Royal Assent of this Act the Leader of the House of Commons shall publish proposals for improved scrutiny of delegated legislation and regulations that result from this Act.”

This new clause would require the Government to bring forward early proposals for the House of Commons to consider as changes to Standing Orders to reflect the scrutiny required as a result of changes to regulation and delegated legislation made by this Act.

New clause 26—Scrutiny of statutory instruments—

“(1) A Parliamentary Committee shall determine the form and duration of parliamentary and public scrutiny for every statutory instrument proposed to be made under this Act.

(2) Where the relevant Committee decides that the statutory instrument will be subject to enhanced parliamentary scrutiny the Committee shall have the power—

(a) to require a draft of the proposed statutory instrument be laid before Parliament;

(b) to require the relevant Minister to provide further evidence or explanation as to the purpose and necessity of the proposed instrument;

(c) to make recommendations to the relevant Minister in relation to the text of the draft statutory instrument;

(d) to recommend to the House that “no further proceedings be taken” in relation to the draft statutory instrument.

(3) Where an instrument is subject to enhanced scrutiny, the relevant Minister must have regard to any recommendations made by the Parliamentary Committee pursuant to subparagraph © above before laying a revised draft instrument before each House of Parliament.

(4) Where an instrument is subject to public consultation, the relevant Minister must have regard to the results of the consultation before laying a revised draft instrument before each House of Parliament or making a Written Statement explaining why no revision is necessary.”

This new clause seeks to ensure that a Parliamentary Committee rather than ministers should decide what is the appropriate level of scrutiny for regulations made under the Act and that the Parliamentary Committee has the power to require enhanced scrutiny in relation to regulations that it considers to be particularly significant or contentious.

Amendment 68, in schedule 7, page 39, line 13, leave out sub-paragraphs (1) to (3) and insert—

“(1) If a Minister considers it appropriate to proceed with the making of regulations under section 7, the Minister shall lay before Parliament—

(a) draft regulations,

(b) an explanatory document and

(c) a declaration under sub-paragraph (3).

(2) The explanatory document must—

(a) introduce and explain the amendment made to retained EU law by each proposed regulation, and

(b) set out the reason why each such amendment is necessary (or, in the case where the Minister is unable to make a statement of necessity under sub-paragraph (3)(a), the reason why each such amendment is nevertheless considered appropriate).

(3) The declaration required in sub-paragraph (1) must either—

(a) state that, in the Minister’s view, the provisions of the draft regulations do not exceed what is necessary to prevent, remedy or mitigate any deficiency in retained EU law arising from the withdrawal of the United Kingdom from the EU (a “statement of necessity”); or

(b) include a statement to the effect that although the Minister is unable to make a statement of necessity the Government nevertheless proposes to exercise the power to make the regulations in the form of the draft.

(4) Subject as follows, if after the expiry of the 21-day period a joint committee of both Houses of Parliament appointed to consider draft regulations under this Schedule (“the joint committee”) has not reported to both Houses a resolution in respect of the draft regulations laid under sub-paragraph (1), the Minister may proceed to make a statutory instrument in the form of the draft regulations.

(5) A statutory instrument containing regulations under sub-paragraph (4) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) The procedure in sub-paragraphs (7) to (9) shall apply to the proposal for the draft regulations instead of the procedure in sub-paragraph (4) if—

(a) either House of Parliament so resolves within the 21-day period,

(b) the joint committee so recommends within the 21-day period and neither House by resolution rejects the recommendation within that period, or

(c) the draft regulations contain provision to—

(i) establish a public authority in the United Kingdom,

(ii) provide for any function of an EU entity or public authority in a member State to be exercisable instead by a public authority in the United Kingdom established by regulations under section 7, 8 or 9 or Schedule 2,

(iii) provides for any function of an EU entity or public authority in a member State of making an instrument of a legislative character to be exercisable instead by a public authority in the United Kingdom,

(iv) imposes, or otherwise relates to, a fee in respect of a function exercisable by a public authority in the United Kingdom,

(v) creates, or widens the scope of, a criminal offence, or

(vi) creates or amends a power to legislate.

(7) The Minister must have regard to—

(a) any representations,

(b) any resolution of either House of Parliament, and

(c) any recommendations of a committee of either House of Parliament charged with reporting on the proposal for the draft regulations,

made during the 60-day period with regard to the draft regulations.

(8) If after the expiry of the 60-day period the draft regulations are approved by a resolution of each House of Parliament, the Minister may make regulations in the form of the draft.

(a) revised draft regulations, and

(b) a statement giving a summary of the changes proposed.

(9) If after the expiry of the 60-day period the Minister wishes to proceed with the draft regulations but with material changes, the Minister may lay before Parliament—

(a) revised draft regulations, and

(b) a statement giving a summary of the changes proposed

(10) If the revised draft regulations are approved by a resolution of each House of Parliament, the Minister may make regulations in the terms of the revised draft.

(11) For the purposes of sub-paragraphs (1) to (10) regulations are made in the terms of draft regulations or revised draft regulations if they contain no material change to their provisions.

(12) In sub-paragraphs (1) to (10), references to the “21-day” and “60-day” periods in relation to any draft regulations are to the periods of 21 and 60 days beginning with the day on which the draft regulations were laid before Parliament.

(13) For the purposes of sub-paragraph (12), no account is to be taken of any time during which Parliament is dissolved or prorogued or during which either House is adjourned for more than four days.”

This amendment would require the Minister to provide an explanatory statement on whether the regulations simply transpose EU law or make further changes, subject to a check by a committee of the House, and require that if the regulations involve more than simple transposition the super affirmative procedure must be used.

Amendment 129, page 39, line 13, leave out paragraphs 1 to 3 and insert—

“Scrutiny procedure: introductory

1 A statutory instrument containing regulations under section 7 may not be made by a Minister of the Crown unless it complies with the procedures in this Part.

Determination of scrutiny procedure

2 (1) The explanatory document laid with a statutory instrument or draft statutory instrument containing regulations under section 7 must contain a recommendation by the Minister as to which of the following should apply in relation to the making of an order pursuant to the draft order—

(a) the negative resolution procedure:

(b) the affirmative resolution procedure;

(c) the super-affirmative procedure.

(2) The explanatory document must give reasons for the Minister’s recommendation.

(3) Where the Minister’s recommendation is that the negative resolution procedure should apply, that procedure shall apply unless, within the 30-day period—

(a) either House of Parliament requires that the super-affirmative procedure shall apply, in which case that procedure shall apply; or

(b) in a case not falling within paragraph (a), either House of Parliament requires that the affirmative resolution procedure shall apply, in which case that procedure shall apply.

(4) Where the Minister’s recommendation is that the affirmative resolution should apply, that procedure shall apply unless, within the 30-day period, either House of Parliament requires that the super-affirmative resolution procedure shall apply, in which case the super-affirmative resolution procedure shall apply.

(5) Where the Minister’s recommendation is that the super-affirmative procedure should apply, that procedure shall apply.

(6) For the purposes of this paragraph a House of Parliament shall be taken to have required a procedure within the 30-day period if—

(a) that House resolves within that period that that procedure shall apply; or

(b) in a case not falling within paragraph (a), a committee of that House charged with reporting on the draft order has recommended within that period that that procedure shall apply and the House has not by resolution rejected that recommendation within that period.

Super-affirmative procedure

3 (1) for the purposes of this Part of this Schedule, the “super-affirmative resolution procedure” is as follows.

(2) The Minister must have regard to—

(a) any representations,

(b) any resolution of either House of Parliament, and

(c) any recommendations of a committee of either House of Parliament charged with reporting on the draft order,

made during the 60-day period with regard to the draft order.

(3) If, after the expiry of the 60-day period, the Minister wishes to make an order in the terms of the draft, he or she must lay before Parliament a statement—

(a) stating whether any representations were made; and

(b) if any representations were so made, giving details of them.

(4) The Minister may after the laying of such a statement make an order in the terms of the draft if it is approved by a resolution of each House of Parliament.

(5) However, a committee of either House charged with reporting on the draft order may, at any time after the laying of a statement under sub-paragraph (3) and before the draft order is approved by that House under sub-paragraph (4), recommend under this subparagraph that no further proceedings be taken in relation to the draft order.

(6) Where a recommendation is made by a committee of either House under subparagraph (5) in relation to a draft statutory instrument, no proceedings may be taken in relation to the draft statutory instrument in that House unless the recommendation is, in the same Session, rejected by resolution of that House.

(7) If, after the expiry of the 60-day period, the Minister wishes to make an order consisting of a version of the draft statutory instrument with material changes, he or she must lay before Parliament—

(a) a revised draft statutory instrument; and

(b) a statement giving details of—

(i) any representations made; and

(ii) the revisions proposed.

(8) The Minister may after laying a revised draft statutory instrument and statement under sub-paragraph (7) make regulations in the terms of the revised statutory instrument if it is approved by a resolution of each House of Parliament.

(9) However, a committee of either House charged with reporting on the revised draft statutory instrument may, at any time after the revised draft statutory is laid under sub-paragraph (7) and before it is approved by that House under sub-paragraph (8), recommend under this sub-paragraph that no further proceedings be taken in relation to the revised draft statutory instrument.

(10) Where a recommendation is made by a committee of either House under sub-paragraph (9) in relation to a revised draft statutory instrument, no proceedings may be taken in relation to the revised draft statutory instrument in that House under subsection (8) unless the recommendation is, in the same Session, rejected by resolution of that House.

(11) In this Part—

(a) the “30-day period” means the period of 30 days beginning with the day on which the draft statutory instrument was laid before Parliament;

(b) the “60-day period” means the period of 60 days beginning with the day on which the draft statutory instrument was laid before Parliament;

(c) the “affirmative resolution procedure” has the same meaning as in section 17 of the Legislative and Regulatory Reform Act 2006;

(d) the “negative resolution procedure” has the same meaning as in section 16 of the Legislative and Regulatory Reform Act 2006.”

This amendment would ensure Parliament has the power to determine, following recommendations by the Minister, which parliamentary procedure should be used to scrutinise statutory instruments containing regulations that deal with deficiencies arising from EU withdrawal. It also provides for use of the “super-affirmative resolution procedure” whereby a committee of either House can recommend that no further proceedings be taken in relation to a draft order, which can only be over-turned by a resolution of that House.

Amendment 20, page 39, line 13, leave out

“which contain provisions falling with sub-paragraph (2).”

This amendment is linked to Amendment 21 and removes the provision that certain statutory instruments can be introduced under the negative resolution and requires all SIs made under Clause 7 to go through the affirmative route with a vote in both Houses. It means that the Government could not bypass Parliament by refusing to grant time for a debate on annulling an SI.

Amendment 216, page 39, line 14, after “unless” insert—

“(a) the Minister laying the instrument has made a declaration that the instrument does no more than necessary to prevent, remedy or mitigate—

(i) any failure of retained EU law to operate effectively, or

(ii) any other deficiency in retained EU law arising from the withdrawal of the United Kingdom from the EU, and

(b) ”.

Amendment 21, page 39, line 17, leave out sub-paragraphs (2) and (3)

This amendment is linked to Amendment 20 and removes the provision that certain statutory instruments can be introduced under the negative resolution and requires all SIs made under Clause 7 to go through the affirmative route with a vote in both Houses. It means that the Government could not bypass Parliament by refusing to grant time for a debate on annulling an SI.

Amendment 33, page 39, line 17, after “if” insert

“a scrutiny committee determines that”.

This amendment together with Amendments 34 and 35 would establish that it is for Parliament to decide which level of scrutiny a Statutory Instrument shall receive under Clause 7 of this Act, and that matters of policy interest will be subject to the approval of both Houses and to amendment.

Amendment 34, page 39, line 29, at end insert—

“(g) is otherwise of sufficient policy interest to merit the application of sub-paragraph (1).”

This amendment together with Amendments 33 and 35 would establish that it is for Parliament to decide which level of scrutiny a Statutory Instrument shall receive under Clause 7 of this Act, and that matters of policy interest will be subject to the approval of both Houses and to amendment.

Amendment 265, page 39, line 29, at end insert—

“(g) defines “failure to operate efficiently” under section 7(1A).”

This amendment, linked to Amendment 264, would ensure that any regulations to define “failure to operate efficiently” under section 7(1A) would be subject to affirmative procedure.

Amendment 3, page 39, line 30, leave out sub-paragraphs (3) to (10) and insert—

“(3) A Minister of the Crown must not make an Order under (1) and (2) above or any other Order to which this Schedule applies, unless—

(a) a draft Order and explanatory document has been laid before Parliament in accordance with paragraph 1A; and

(b) in the case of any Order which can be made other than solely by a resolution of each House of Parliament, the Order is made as determined under paragraph 1B in accordance in accordance with—

(i) the negative resolution procedure (see paragraph 1C); or

(ii) the affirmative resolution procedure (see paragraph 1D); or

(c) it is declared in the Order that it appears to the person making it that because of the urgency of the matter, it is necessary to make the Order without a draft being so approved (see paragraph 1E).

Draft Order and Explanatory document laid before Parliament

1A (1) If the minister considers it appropriate to proceed with the making of an Order under this Part, he must lay before Parliament—

(a) a draft of the Order, together with

(b) an explanatory document.

(2) The explanatory document must—

(a) explain under which power or powers in this Part the provision contained in the Order is made;

(b) introduce and give reasons for the provision;

(c) explain why the Minister considers that—

(i) in the case of an Order under section 7, include, so far as appropriate, an assessment of the extent to which the provision made by the Order would prevent, remedy or mitigate—any failure of retained EU law to operate effectively; or any other deficiency in retained EU law arising from the withdrawal of the United Kingdom from the EU,

(ii) in the case of an Order under section 8, include, so far as appropriate, an assessment of the extent to which the provision made by the Order would prevent or remedy any breach, arising from the withdrawal of the United Kingdom from the EU, of the international obligations of the United Kingdom,

(iii) in the case of an Order under section 9, include, so far as appropriate, an assessment of the extent to which implementation of the withdrawal agreement should be in force on or before exit day.

(d) identify and give reasons for—

(i) any functions of legislating conferred by the Order; and

(ii) the procedural requirements attaching to the exercise of those functions.

Determination of Parliamentary procedure

1B (1) The explanatory document laid with a draft Order under paragraph 1A must contain a recommendation by the Minister as to which of the following should apply in relation to the making of an Order pursuant to the draft Order—

(a) the negative resolution procedure (see paragraph 1C); or

(b) the affirmative resolution procedure (see paragraph 1D).

(2) The explanatory document must give reasons for the Minister’s recommendation.

(3) Where the Minister’s recommendation is that the negative resolution procedure should apply, that procedure shall apply unless, within the 20-day period either House of Parliament requires that the affirmative resolution procedure shall apply, in which case that procedure shall apply.

(4) For the purposes of this paragraph a House of Parliament shall be taken to have required a procedure within the 20-day period if—

(a) that House resolves within that period that that procedure shall apply; or

(b) in a case not falling within sub paragraph (4)(a), a committee of that House charged with reporting on the draft Order has recommended within that period that that procedure should apply and the House has not by resolution rejected that recommendation within that period.

(5) In this section the “20-day period” means the period of 20 days beginning with the day on which the draft Order was laid before Parliament under paragraph 1A.

Negative resolution procedure

1C (1) For the purposes of this Part, the “negative resolution procedure” in relation to the making of an Order pursuant to a draft order laid under paragraph 1A is as follows.

(2) The Minister may make an order in the terms of the draft Order subject to the following provisions of this paragraph.

(3) The Minister may not make an order in the terms of the draft Order if either House of Parliament so resolves within the 40-day period.

(4) For the purposes of this paragraph an Order is made in the terms of a draft Order if it contains no material changes to the provisions of the draft Order.

(5) In this paragraph the “40-day period” means the period of 40 days beginning with the day on which the draft Order was laid before Parliament under paragraph 1A.

Affirmative resolution procedure

1D (1) For the purposes of this Part the “affirmative resolution procedure” in relation to the making of an Order pursuant to a draft Order laid under paragraph 1A is as follows.

(2) The Minister must have regard to—

(a) any representations,

(b) any resolution of either House of Parliament, and

(c) any recommendations of a committee of either House of Parliament charged with reporting on the draft Order, made during the 40-day period with regard to the draft Order.

(3) If, after the expiry of the 40-day period, the minister wishes to make an Order in the terms of the draft, he must lay before Parliament a statement—

(a) stating whether any representations were made under sub-paragraph (2)(a); and

(b) if any representations were so made, giving details of them.

(4) The Minister may after the laying of such a statement make an Order in the terms of the draft if it is approved by a resolution of each House of Parliament.

(5) If, after the expiry of the 40-day period, the Minister wishes to make an Order consisting of a version of the draft Order with material changes, he must lay before Parliament—

(a) a revised draft Order; and

(b) a statement giving details of—

(i) any representations made under sub-paragraph (2)(a); and

(ii) the revisions proposed.

(6) The Minister may after laying a revised draft Order and statement under sub-paragraph (5) make an Order in the terms of the revised draft if it is approved by a resolution of each House of Parliament.

(7) For the purposes of sub-paragraphs (4) an Order is made in the terms of a draft Order if it contains no material changes to the provisions of the draft Order.

(8) In this paragraph the “40-day period” has the meaning given by paragraph 4(5)(a).

Procedure in urgent cases

1E (1) If an Order is made without being approved in draft, the person making it must lay it before Parliament, accompanied by the required information, after it is made.

(2) If, at the end of the period of one month beginning with the day on which the original Order was made, a resolution has not been passed by each House approving the original or replacement Order, the Order ceases to have effect.

(3) For the purposes of sub-paragraph (1), “required information” means—

(a) a statement of the reasons for proceeding under paragraph 1E; and

(b) an explanatory document, as set out in paragraph 1A (2).”

To set up a triage and scrutiny system under the control of Parliament for determining how Statutory Instruments under Clause 7 of the Bill will be dealt with.

Amendment 67, page 39, line 30, leave out sub-paragraph (3).

This amendment would facilitate the use of affirmative and super-affirmative procedures, other than for the transfer of functions of EU public bodies.

Amendment 35, page 39, line 33, at end insert

“, unless a scrutiny committee determines that the instrument is of such significant policy interest that it ought to be subject to approval of each House with a procedure that allows for amendment.”

This amendment together with Amendments 33 and 34 would establish that it is for Parliament to decide which level of scrutiny a Statutory Instrument shall receive under Clause 7 of this Act, and that matters of policy interest will be subject to the approval of both Houses and to amendment.

Amendment 392, page 39, line 33, at end insert—

“( ) See paragraph 2A for restrictions on the choice of procedure under sub-paragraph (3).”

This amendment signposts the existence, and location within the Bill, of a scrutiny process involving a committee of the House of Commons for regulations under Clause 7 for which there is a choice between negative and affirmative procedures.

Amendment 130, page 40, line 23, leave out sub-paragraphs (2) to (4) and insert—

“(2) The procedure provided for in paragraphs 1 to 3 of this Part in respect of the Houses of Parliament applies in relation to regulations to which this paragraph applies as well as any other procedure provided for by this paragraph which is applicable to the regulations concerned.”

This amendment applies the procedures set out in Amendment 129 in respect of the UK Parliament for regulations made jointly by a Minister of the Crown acting jointly with a devolved authority.

Amendment 4, page 40, line 32, leave out from “is” to end of line 34 and insert

“subject to the rules set out in paragraphs 1 to 1E above.”

Consequential amendment to Amendment 3.

Amendment 393, page 42, line 4, at end insert—

“Parliamentary committee to sift certain regulations involving Minister of the Crown

2A (1) Sub-paragraph (2) applies if a Minister of the Crown who is to make a statutory instrument to which paragraph 1(3) applies is of the opinion that the appropriate procedure for the instrument is for it to be subject to annulment in pursuance of a resolution of either House of Parliament.

(2) The Minister may not make the instrument so that it is subject to that procedure unless—

(a) condition 1 is met, and

(b) either condition 2 or 3 is met.

(3) Condition 1 is that a Minister of the Crown—

(a) has made a statement in writing to the effect that in the Minister’s opinion the instrument should be subject to annulment in pursuance of a resolution of either House of Parliament, and

(b) has laid before the House of Commons—

(i) a draft of the instrument, and

(ii) a memorandum setting out the statement and the reasons for the Minister’s opinion.

(4) Condition 2 is that a committee of the House of Commons charged with doing so has made a recommendation as to the appropriate procedure for the instrument.

(5) Condition 3 is that the period of 10 sitting days beginning with the first sitting day after the day on which the draft instrument was laid before the House of Commons as mentioned in sub-paragraph (3) has ended without any recommendation being made as mentioned in sub-paragraph (4).

(6) In sub-paragraph (5) “sitting day” means a day on which the House of Commons sits.

(7) Nothing in this paragraph prevents a Minister of the Crown from deciding at any time before a statutory instrument to which paragraph 1(3) applies is made that another procedure should apply in relation to the instrument (whether under paragraph 1(3) or 3).

(8) Section 6(1) of the Statutory Instruments Act 1946 (alternative procedure for certain instruments laid in draft before Parliament) does not apply in relation to any statutory instrument to which this paragraph applies.”

This amendment ensures that regulations under Clause 7 for which there is a choice between negative and affirmative procedures cannot be subject to the negative procedure without first having been subject to a scrutiny process involving a committee of the House of Commons. The scrutiny process envisages that the committee will make a recommendation as to the appropriate procedure in the light of draft regulations and other information provided by the Government.

Amendment 394, page 42, line 31, at end insert—

“(7) Sub-paragraph (8) applies to a statutory instrument to which paragraph 1(3) applies where the Minister of the Crown who is to make the instrument is of the opinion that the appropriate procedure for the instrument is for it to be subject to annulment in pursuance of a resolution of either House of Parliament.

(8) Paragraph 2A does not apply in relation to the instrument if the instrument contains a declaration that the Minister is of the opinion that, by reason of urgency, it is necessary to make the regulations without meeting the requirements of that paragraph.”

This amendment permits the scrutiny process for deciding whether certain regulations under Clause 7 should be subject to the negative or affirmative procedure to be disapplied in urgent cases.

Amendment 36, page 43, line 3, after “if” insert

“a scrutiny committee determines that”.

This amendment together with Amendments 37 and 38 would establish that it is for Parliament to decide which level of scrutiny a Statutory Instrument shall receive under Clause 8 of this Bill, and that matters of policy interest will be subject to the approval of both Houses and to amendment.

Amendment 37, page 43, line 15, at end insert—

“(g) is otherwise of sufficient policy interest to merit the application of sub-paragraph (1)”.

This amendment together with Amendments 36 and 38 would establish that it is for Parliament to decide which level of scrutiny a Statutory Instrument shall receive under Clause 8 of this Bill, and that matters of policy interest will be subject to the approval of both Houses and to amendment.

Amendment 22, page 43, line 19, at end insert

“or if the Government has not provided time on the floor of the House for a debate and vote on a prayer against the statutory instrument signed by the Leader of the Opposition or 80 Members of the House of Commons.”

This would mean that if the Leader of the Opposition or 80 members of the House of Commons were to sign a prayer against an SI that was subject under Schedule 7 to the negative procedure, the Government would have to provide time for a debate and a vote on the floor of the House or lose the SI. At present there is no such provision in the House of Commons.

Amendment 38, page 43, line 19, at end insert

“,unless a scrutiny committee determines that the instrument is of such significant policy interest that it ought to be subject to approval of each House with a procedure that allows for amendment.”

This amendment together with Amendments 36 and 37 would establish that it is for Parliament to decide which level of scrutiny a Statutory Instrument shall receive under Clause 8 of this Bill, and that matters of policy interest will be subject to the approval of both Houses and to amendment.

Amendment 395, page 43, line 19, at end insert—

“( ) See paragraph 10A for restrictions on the choice of procedure under sub-paragraph (3).”

This amendment signposts the existence, and location within the Bill, of a scrutiny process involving a committee of the House of Commons for regulations under Clause 8 for which there is a choice between negative and affirmative procedures.

Amendment 23, page 43, line 26, leave out

“which contain provisions falling within sub-paragraph (2).”

This amendment is linked to Amendment 24 and removes the provision that certain statutory instruments can be introduced under the negative resolution and requires all SIs under Clause 9 to go through the affirmative route with a vote in both Houses. It means that the Government could not bypass Parliament by refusing to grant time for a debate on annulling an SI.

Amendment 24, page 43, line 30, leave out sub-paragraph (2).

This amendment is linked to Amendment 23 and removes the provision that certain statutory instruments can be introduced under the negative resolution and requires all SIs under Clause 9 to go through the affirmative route with a vote in both Houses. It means that the Government could not bypass Parliament by refusing to grant time for a debate on annulling an SI.

Amendment 39, page 43, line 30, after “if” insert

“a scrutiny committee determines that”.

This amendment together with Amendments 40 and 41 would establish that it is for Parliament to decide which level of scrutiny a Statutory Instrument shall receive under Clause 9 of this Bill, and that matters of policy interest will be subject to the approval of both Houses and to amendment.

Amendment 40, page 43, line 43, at end insert—

“(h) is otherwise of sufficient policy interest to merit the application of sub-paragraph (1).”

This amendment together with Amendments 39 and 41 would establish that it is for Parliament to decide which level of scrutiny a Statutory Instrument shall receive under Clause 9 of this Bill, and that matters of policy interest will be subject to the approval of both Houses and to amendment.

Amendment 41, page 43, line 47, at end insert

“, unless a scrutiny committee determines that the instrument if of such significant policy interest that it ought to be subject to approval of each House with a procedure that allows for amendment.”

This amendment together with Amendments 39 and 40 would establish that it is for Parliament to decide which level of scrutiny a Statutory Instrument shall receive under Clause 9 of this Bill, and that matters of policy interest will be subject to the approval of both Houses and to amendment.

Amendment 396, page 43, line 47, at end insert—

“( ) See paragraph 10A for restrictions on the choice of procedure under sub-paragraph (3).”

This amendment signposts the existence, and location within the Bill, of a scrutiny process involving a committee of the House of Commons for regulations under Clause 9 for which there is a choice between negative and affirmative procedures.

Amendment 374, page 44, line 5, at end insert—

“Amendment of definition of “law relating to equality or human rights”

6A A statutory instrument containing regulations of a Minister of the Crown under section 14(7) may not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.”

This amendment provides for draft affirmative resolution scrutiny for the power to the definition of “law relating to equality or human rights”, inserted by Amendment 371.

Amendment 397, page 45, line 11, at end insert—

“Parliamentary committee to sift certain regulations involving Minister of the Crown

10A (1) Sub-paragraph (2) applies if a Minister of the Crown who is to make a statutory instrument to which paragraph 5(3) or 6(3) applies is of the opinion that the appropriate procedure for the instrument is for it to be subject to annulment in pursuance of a resolution of either House of Parliament.

(2) The Minister may not make the instrument so that it is subject to that procedure unless—

(a) condition 1 is met, and

(b) either condition 2 or 3 is met.

(3) Condition 1 is that a Minister of the Crown—

(a) has made a statement in writing to the effect that in the Minister’s opinion the instrument should be subject to annulment in pursuance of a resolution of either House of Parliament, and

(b) has laid before the House of Commons—

(i) a draft of the instrument, and

(ii) a memorandum setting out the statement and the reasons for the Minister’s opinion.

(4) Condition 2 is that a committee of the House of Commons charged with doing so has made a recommendation as to the appropriate procedure for the instrument.

(5) Condition 3 is that the period of 10 sitting days beginning with the first sitting day after the day on which the draft instrument was laid before the House of Commons as mentioned in sub-paragraph (3) has ended without any recommendation being made as mentioned in sub-paragraph (4).

(6) In sub-paragraph (5) “sitting day” means a day on which the House of Commons sits.

(7) Nothing in this paragraph prevents a Minister of the Crown from deciding at any time before a statutory instrument to which paragraph 5(3) or 6(3) applies is made that another procedure should apply in relation to the instrument (whether under that paragraph or paragraph 11).

(8) Section 6(1) of the Statutory Instruments Act 1946 (alternative procedure for certain instruments laid in draft before Parliament) does not apply in relation to any statutory instrument to which this paragraph applies.”

This amendment ensures that regulations under Clause 8 or 9 for which there is a choice between negative and affirmative procedures cannot be subject to the negative procedure without first having been subject to a scrutiny process involving a committee of the House of Commons. The scrutiny process envisages that the committee will make a recommendation as to the appropriate procedure in the light of draft regulations and other information provided by the Government.

Amendment 398, page 45, line 40, at end insert—

“(7) Sub-paragraph (8) applies to a statutory instrument to which paragraph 5(3) or 6(3) applies where the Minister of the Crown who is to make the instrument is of the opinion that the appropriate procedure for the instrument is for it to be subject to annulment in pursuance of a resolution of either House of Parliament.

(8) Paragraph 10A does not apply in relation to the instrument if the instrument contains a declaration that the Minister is of the opinion that, by reason of urgency, it is necessary to make the regulations without meeting the requirements of that paragraph.”

This amendment permits the scrutiny process for deciding whether certain regulations under Clause 8 or 9 should be subject to the negative or affirmative procedure to be disapplied in urgent cases.

Government amendment 391.

Amendment 207, in clause 17, page 13, line 35, leave out “appropriate” and insert “necessary”.

Amendment 208, page 14, line 7, leave out “appropriate” and insert “necessary”.

Amendment 373, page 14, line 13, at end insert—

“(8) Regulations under subsection (1) or (5) may not amend, repeal or revoke, or otherwise modify the effect of, any law relating to equality or human rights.”

This amendment would replicate, for the powers in clause 17, the equality and human rights restrictions on other powers in this Bill (as modified by other amendments).

Amendment 205, in clause 8, page 6, line 28, leave out “appropriate” and insert “necessary”.

Amendment 110, page 6, line 31, leave out subsection (2)

This amendment seeks to restrict the delegated powers granted to Ministers by Clause 8.

Amendment 31, page 6, line 32, at end insert “, apart from amending or modifying this Act”.

This amendment would remove the proposed capacity of Ministers in Clause 8 to modify and amend the Act itself via delegated powers.

Amendment 365, page 6, line 36, leave out “or”

This amendment is preparatory to Amendment 367.

Amendment 366, page 6, line 37, after “revoke”, insert “, or otherwise modify the effect of,”

This amendment would ensure that the restriction in this paragraph could not be undermined by the use of legislation which does not amend the text of the Human Rights Act but modifies its effect.

Amendment 367, page 6, line 38, at end insert “, or

(e) amend, repeal or revoke, or otherwise modify the effect of, any other law relating to equality or human rights.”.

This amendment would broaden the restriction in this subsection to protect all legislation relating to equality and human rights (and not only the Human Rights Act 1998).

Amendment 12, page 6, line 38, at end insert—

“(e) make any provision, unless the Minister considers that the conditions in subsection (3A) where relevant are satisfied in relation to that provision.

(3A) Those conditions are that—

(a) the policy objective intended to be secured by the provision could not be secured by non-legislative means;

(b) the effect of the provision is proportionate to the policy objective;

(c) the provision, taken as a whole, strikes a fair balance between the public interest and the interests of any person adversely affected by it;

(d) the provision does not remove any necessary protection;

(e) the provision does not prevent any person from exercising any right or freedom which that person might reasonably expect top continue to exercise;

(f) the provision is not of constitutional significance”

Amendment 26, in clause 8, page 6, line 38, at end insert—

“(e) remove or reduce any protections currently conferred upon individuals, groups or the natural environment,

(f) prevent any person from continuing to exercise a right that they can currently exercise,

(g) amend, repeal or revoke the Equality Act 2010 or any subordinate legislation made under that Act.”

This amendment would prevent the Government’s using delegated powers under Clause 8 to reduce rights or protections.

Amendment 97, page 6, line 38, at end insert—

“(e) limit the scope or weaken standards of environmental protection.”

This Amendment ensures that the power to make regulations in Clause 8 may not be exercised to reduce environmental protection.

Amendment 111, page 6, line 38, at end insert—

“(e) amend, repeal or revoke any legal right derived from EU law and operative in UK law immediately before 30 March 2019.”

This amendment seeks to prevent the delegated powers granted to Ministers by clause 8 being used to weaken or abolish existing EU-derived legal rights, such as those on workers’ rights, equality, and environmental protection.

Amendment 267, page 6, line 38, at end insert—

“(e) amend, repeal or revoke the Equality Act 2010 or any subordinate legislation made under it.”

This amendment would prevent the powers in Clause 8 being used to amend Equality Act 2010 legislation.

Amendment 270, page 6, line 38, at end insert—

“(e) remove, reduce or otherwise limit the rights of EU citizens resident in the UK.”

This amendment would prevent the powers in Clause 8 being used to remove, reduce or otherwise limit the rights of EU citizens resident in the UK.

Amendment 273, page 6, line 38, at end insert—

“(e) make provision which, in the opinion of the Minister, could pose a threat to national security.”

This amendment would prevent the powers in Clause 8 being used to make provision which could pose a threat to national security.

Amendment 371, in clause 14, page 10, line 26, at end insert—

““law relating to equality or human rights” means—

(a) the Equality Acts 2006 and 2010;

(b) the Human Rights Act 1998; and

(c) other enactments relating to equality or human rights.”

This amendment defines “law relating to equality or human rights” for the purposes of other amendments which would broaden protection provided by the Bill from interference with the Human Rights Act to include other provisions about human rights and equality.

Amendment 372, page 11, line 48, at end insert—

“(7) The Secretary of State may by regulations amend or modify the definition of “law relating to equality or human rights” in subsection (1).”

This amendment would allow Ministers to amend the definition of “law relating to equality or human rights” inserted by Amendment 371.

New clause 76—Non-regression of equality law—

“(1) Any EU withdrawal related legislation must be accompanied by a statement made by a Minister of the Crown certifying that in the Minister‘s opinion the legislation does not remove or reduce protection under or by virtue of the Equality Acts 2006 and 2010.

(2) In subsection (1) “EU withdrawal related legislation” means—

(a) any statutory instrument under this Act;

(b) any statutory instrument made by a Minister of the Crown wholly or partly in connection with the United Kingdom’s withdrawal from the EU; and

(c) any Bill presented to Parliament by a Minister of the Crown which is wholly or partly connected to the United Kingdom’s withdrawal from the EU.”

This new clause would ensure that legislation in connection with withdrawal from the EU does not reduce protections provided by equality law.

New clause 77—Co-operation with the European Union on violence against women and girls—

“(1) Within one month of Royal Assent to this Act, and then once in every subsequent calendar year, the Secretary of State shall lay before Parliament a report on continued co-operation with the European Union on matters relating to violence against women and girls.

(2) That report must include, in particular, an assessment of how, following exit day, co-operation with the European Union will replicate mechanisms which exist within the European Union before exit day to—

(a) maintain common rights for victims of domestic and sexual abuse when moving across borders,

(b) reduce female genital mutilation (FGM),

(c) reduce human trafficking,

(d) reduce child sexual exploitation, and

(e) enable data sharing relating to any of (a) to (d).

(3) The first report made under subsection (1) following Royal Assent must—

(a) include an assessment of the amount and nature of funding provided by European Union institutions to organisations based in the United Kingdom for the purposes of research, service provision, and other activity relating to ending violence against women and girls, and;

(b) outline plans to provide comparable resources for research, service provision, and other activity relating to ending violence against women and girls in the United Kingdom.”

This new clause calls for the Government to lay a report before Parliament laying out how cross-border action to end violence against women and girls will continue after exit day, assessing the extent of current European Union funding for work to end violence against women and girls, and setting out the Government’s plans to provide comparable resources.

[Mr Leslie]

I thought for a minute, Mrs Laing, that you were going to read out all the amendments grouped today, which might have taken up some considerable time.

Today’s debate is about taking back control—about Parliament and the powers of the House of Commons to hold the Executive to account and to overrule it if we wish to do so. New clause 18 essentially says that it is time for the Government to be honest about the extensive and wide-ranging powers they want to take away from Parliament, which essentially is what the Bill proposes to do. Some might say that my new clause does not go far enough, that it is a little tepid: it simply says that the Government ought to commission a proper independent report into the constitutional ramifications and implications of their proposal. In my view, they have not thought the process through properly. They denied the House a pre-legislative scrutiny process for the Bill and, importantly, ignored an extremely detailed and thoughtful report and set of recommendations from the House of Lords Constitution Committee, which went into painstaking detail to review Ministers’ proposals, particularly those in clause 7. It also did so with respect to clause 9—we will not be voting on aspects of clause 9 today, but certain amendments to it have been grouped for discussion.

I accept that if we leave the EU, the acquis—the body of existing EU law—will need to be converted into UK law. We were told, of course, that the Bill was supposed to be a simple “copy and paste” exercise that merely transposed those EU rules under which we have lived for the past 30 or 40 years into UK law. Despite the early recommendations from the House of Lords Constitution Committee, made long before publication of the Bill, back in March, Ministers have made a real error in failing to distinguish between the technical and necessary task of transposing existing laws from EU to UK statute and the wider powers that Ministers are taking potentially to make substantive policy changes, by order, in areas that currently fall within EU competence. In other words, they have not sought to curtail the order-making powers simply to focus on that transposition exercise. The order-making powers go far wider into a whole array of policy making areas.

--- Later in debate ---

[Hon. Members]

Order!

[The First Deputy Chairman of Ways and Means (Mrs Eleanor Laing)]

Order. If the hon. Gentleman is out of order, I will tell him that he is out of order. Does he wish to convince me that it is in order to speak about this particular matter?

European Union (Withdrawal) Bill

Eleanor Laing Excerpts

Committee: 5th sitting: House of Commons
Wednesday 6th December 2017 Commons Chamber

[Lady Hermon (North Down) (Ind)]

I beg to move, That the clause be read a Second time.

[The First Deputy Chairman of Ways and Means (Mrs Eleanor Laing)]

With this it will be convenient to discuss the following:

Amendment 338, in clause 10, page 7, line 14, at end insert—

“(2) But regulations made under Schedule 2 must not be incompatible with the full provisions of the British – Irish Agreement 1998 and the Multi-party agreement (the Belfast/Good Friday Agreement) to which it gives effect, including—

(a) the preservation of institutions set up relating to strands 1, 2 and 3 of the Good Friday Agreement,

(b) human rights and equality,

(c) the principle of consent, and

(d) citizenship rights.”

This amendment seeks to ensure that the rights provided for under the Belfast/Good Friday Agreement continue to be implemented and are protected.

Clause 10 stand part.

Amendment 307, in schedule 2,  page 16, line 12, leave out

“the devolved authority considers appropriate”

and insert “is essential”.

This amendment would limit the power available to a devolved authority to deal with deficiencies in retained EU law arising from withdrawal in such a way that it could only make provision that is essential to that end.

Amendment 209, page 16, line 13, leave out “appropriate” and insert “necessary”.

Amendment 308, page 16, line 18, leave out “they consider appropriate” and insert “is essential”.

This amendment would limit the power available to a Minister of the Crown acting jointly with a devolved authority to deal with deficiencies in retained EU law arising from withdrawal in such a way that they could only make provision that is essential to that end.

Amendment 210, page 16, line 18, leave out “appropriate” and insert “necessary”.

Amendment 166, page 16, line 33, at end insert—

“(6) Sub-paragraph (4)(b) does not apply to regulations made under this Part by the Scottish Ministers or the Welsh Ministers.”

This amendment would include the power to confer a power to legislate among the powers of the Scottish Ministers and Welsh Ministers to make regulations under Part 1 of Schedule 2 to fix problems in retained EU law arising from withdrawal, in line with a Minister of the Crown’s powers under Clause 7.

Amendment 211, page 17, line 1, leave out paragraph 3.

Amendment 167, page 17, line 9, at end insert—

“(3) This paragraph does not apply to regulations made under this Part by the Scottish Ministers or the Welsh Ministers.”

This amendment would provide that the power of the Scottish Ministers and the Welsh Ministers to make regulations under Part 1 of Schedule 2 extends to amending directly applicable EU law incorporated into UK law, in line with a Minister of the Crown’s power in Clause 7.

Amendment 168, page 17, line 13, at end insert—

“(2) This paragraph does not apply to regulations made under this Part by the Scottish Ministers or the Welsh Ministers.”

This amendment would provide that the power of the Scottish Ministers and the Welsh Ministers to make regulations under Part 1 of Schedule 2 includes the power to confer functions which correspond to functions to make EU tertiary legislation, in line with a Minister of the Crown’s power in Clause 7.

Amendment 169, page 17, line 20, at end insert—

“(2) This paragraph does not apply to regulations made under this Part by the Scottish Ministers or the Welsh Ministers.

Requirement for consultation in certain circumstances

5A No regulations may be made under this Part by the Scottish Ministers or the Welsh Ministers acting alone so far as the regulations—

(a) are to come into effect before exit day, or

(b) remove (whether wholly or partly) reciprocal arrangements of the kind mentioned in section 7(2)(c) or (e),

unless the regulations are, to that extent, made after consulting with a Minister of the Crown.”

This amendment would replace the requirement for consent from a Minister of the Crown for regulations made by Scottish Ministers or Welsh Ministers in fixing problems in retained EU law that arise from withdrawal if they come into force before exit day or remove reciprocal arrangements with a requirement for Scottish Ministers and Welsh Ministers to consult with a Minister of the Crown before making the regulations.

Amendment 135, page 20, line 18, leave out paragraph 10.

This amendment is intended to remove the proposed restriction in the Bill on devolved authorities modifying retained direct EU legislation etc.

Amendment 322, page 20, line 25, after “Crown”, insert

“and excluding any provision that could be made under paragraph 7(2) of Schedule 7B to the Government of Wales Act 2006”.

This amendment, and Amendments 323, 324 and 325, would prevent the Welsh Ministers from using powers proposed in the Bill (to deal with deficiencies in retained EU law arising from withdrawal) to amend the Government of Wales Act 2006.

Amendment 323, page 20, line 41, after “5”, insert “or”.

This amendment, and Amendments 322, 324 and 325, would prevent the Welsh Ministers from using powers proposed in the Bill (to deal with deficiencies in retained EU law arising from withdrawal) to amend the Government of Wales Act 2006.

Amendment 324, page 20, line 41, leave out “or 7”.

This amendment, and Amendments 322, 323 and 325, would prevent the Welsh Ministers from using powers proposed in the Bill (to deal with deficiencies in retained EU law arising from withdrawal) to amend the Government of Wales Act 2006.

Amendment 325, page 20, line 43, at end insert—

“(f) the provision does not modify the Government of Wales Act 2006.”

This amendment, and Amendments 322, 323 and 324, would prevent the Welsh Ministers from using powers proposed in the Bill (to deal with deficiencies in retained EU law arising from withdrawal) to amend the Government of Wales Act 2006.

Amendment 309, page 21, line 38, leave out

“the devolved authority consider appropriate”

and insert “is essential”.

This amendment would limit the power available to a devolved authority to prevent or remedy a breach of international obligations in such a way that it can only make provision that is essential to that end.

Amendment 212, page 21, line 39, leave out “appropriate” and insert “necessary”.

Amendment 310, page 21, line 43, leave out “they consider appropriate” and insert “is essential”.

This amendment would limit the power available to a Minister of the Crown acting jointly with a devolved authority to prevent or remedy a breach of international obligations in such a way that they could only make provision that is essential to that end.

Amendment 213, page 21, line 43, leave out “appropriate” and insert “necessary”.

Amendment 287, page 22, line 9, after “or revoke”, insert

“, or otherwise modify the effect of,”.

This amendment would ensure that the restriction in this paragraph could not be undermined by the use of legislation which does not amend the text of the Human Rights Act but modifies its effect.

Amendment 288, page 22, line 10, at end insert “, or

“(f) amend, repeal or revoke, or otherwise modify the effect of, any other law relating to equality or human rights.”

This amendment would broaden the restriction in this subsection to protect all legislation relating to equality and human rights (and not only the Human Rights Act 1998).

Amendment 326, page 22, line 10, at end insert—

“(f) amend, repeal or revoke the Government of Wales Act 2006.”

This amendment would prevent the Welsh Ministers from using powers proposed in the Bill (to comply with international obligations) to amend the Government of Wales Act 2006.

Amendment 170, page 22, line 10, at end insert—

“(4A) Sub-paragraph (4)(d) does not apply to regulations made under this Part by the Scottish Ministers or the Welsh Ministers.”

This amendment would provide that the power of Scottish Ministers and Welsh Ministers to make regulations under Part 2 of Schedule 2 includes the power to confer a power to legislate, aligning those Ministers’ powers to the power of a Minister of the Crown under Clause 8.

Amendment 136, page 22, line 25, leave out paragraph 15.

This amendment is intended to remove the proposed restriction in the Bill on devolved authorities modifying retained direct EU legislation etc.

Amendment 171, page 22, line 32, at end insert—

“(3) This paragraph does not apply to regulations made under this Part by the Scottish Ministers or the Welsh Ministers.”

This amendment would provide that the power of the Scottish Ministers and the Welsh Ministers to make regulations under Part 2 of Schedule 2 extends to amending directly applicable EU law incorporated into UK law. This brings the power into line with the Minister of the Crown power in Clause 8.

Amendment 172, page 23, line 11, at end insert—

“(4) This paragraph does not apply to regulations made under this Part by the Scottish Ministers or the Welsh Ministers.

Requirement for consultation in certain circumstances

16A (1) No regulations may be made under this Part by the Scottish Ministers or the Welsh Ministers acting alone so far as the regulations—

(a) are to come into effect before exit day, or

(b) are for the purpose of preventing or remedying any breach of the WTO Agreement, or

(c) make provision about any quota arrangements or are incompatible with any such arrangements,

unless the regulations are, to that extent, made after consulting with a Minister of the Crown.

(2) In sub-paragraph (1)—

“the WTO Agreement” has the meaning given in paragraph 16(2),

“quota arrangements” has the meaning given in paragraph 16(3).”

This amendment would replace the requirement for a Minister of the Crown to consent to regulations made by the Scottish Ministers or the Welsh Ministers to ensure compliance with international obligations if they come into force before exit day or relate to the WTO or quota arrangements, with a requirement for the Scottish Ministers and Welsh Ministers to consult with a Minister of the Crown before making the relevant regulations.

Amendment 311, page 24, line 11, leave out

“the devolved authority considers appropriate”

and insert “is essential”.

This amendment would limit the power available to a devolved authority to implement the withdrawal agreement in such a way that it could only make provision that is essential to that end.

Amendment 214, page 24, line 12, leave out “appropriate” and insert “necessary”.

Amendment 312, page 24, line 16, leave out “they consider appropriate” and insert “is essential”.

This amendment would limit the power available to a Minister of the Crown acting jointly with a devolved authority to implement the withdrawal agreement in such a way that they could only make provision that is essential to that end.

Amendment 215, page 24, line 16, leave out “appropriate” and insert “necessary”.

Amendment 289, page 24, line 32, after “or revoke”, insert

“, or otherwise modify the effect of,”.

This amendment would ensure that the restriction in this paragraph could not be undermined by the use of legislation which does not amend the text of the Human Rights Act but modifies its effect.

Amendment 290, page 24, line 33, at end insert “, or

(h) amend, repeal or revoke, or otherwise modify the effect of, any other law relating to equality or human rights.”

This amendment would broaden the restriction in this subsection to protect all legislation relating to equality and human rights (and not only the Human Rights Act 1998).

Amendment 327, page 24, line 33, at end insert—

“(h) amend, repeal or revoke the Government of Wales Act 2006.”

This amendment would prevent the Welsh Ministers from using powers proposed in the Bill (to implement the withdrawal agreement) to amend the Government of Wales Act 2006.

Amendment 173, page 24, line 33, at end insert—

“(4A) Sub-paragraph (4)(d) does not apply to regulations made under this Part by the Scottish Ministers or the Welsh Ministers.”

This amendment would include the power to confer a power to legislate among the powers of the Scottish Ministers and Welsh Ministers to make regulations under Part 3 of Schedule 2, in line with a Minister of the Crown’s powers under Clause 9.

Amendment 174, page 25, line 11, at end insert—

“(3) This paragraph does not apply to regulations made under this Part by the Scottish Ministers or the Welsh Ministers.”

This amendment would provide that the power of the Scottish Ministers and the Welsh Ministers to make regulations under Part 3 of Schedule 2 extends to amending directly applicable EU law incorporated into UK law, in line with the Minister of the Crown power in Clause 9.

Amendment 175, page 25, line 15, at end insert—

“(2) This paragraph does not apply to regulations made under this Part by the Scottish Ministers or the Welsh Ministers.”

This amendment would provide that the power of the Scottish Ministers and the Welsh Ministers to make regulations under Part 3 of Schedule 2 includes the power to confer functions which correspond to functions to make EU tertiary legislation.

Amendment 176, page 25, line 28, at end insert—

“(3) This paragraph does not apply to regulations made under this Part by the Scottish Ministers or the Welsh Ministers.

Requirement for consultation in certain circumstances

25A (1) No regulations may be made under this Part by the Scottish Ministers or the Welsh Ministers acting alone so far as the regulations make provision about any quota arrangements or are incompatible with any such arrangements unless the regulations are, to that extent, made after consulting with a Minister of the Crown.

(2) In sub-paragraph (1), “quota arrangements” has the meaning given in paragraph 25(2).”

This amendment replaces the requirement for Minister of the Crown consent to regulations made by the Scottish Ministers or the Welsh Ministers to implement the withdrawal agreement if they relate to quota arrangements, with a requirement for the Scottish Ministers and Welsh Ministers to consult with a Minister of the Crown before making the relevant regulations.

Amendment 317, page 25, line 31, at end insert—

“Part [ ]

Welsh Ministers—Power to make consequential and transitional provision

[ ] (1) The Welsh Ministers may by regulations make such provision as is essential in consequence of this Act.

(2) The power to make regulations under sub-paragraph (1) may (among other things) be exercised by modifying any provision made by or under an enactment.

(3) In sub-paragraph (2), “enactment” does not include—

(a) primary legislation passed or made after the end of the Session in which this Act is passed, or

(b) any provision of the Government of Wales Act 2006.

(4) The Welsh Ministers may by regulations make such transitional, transitory or saving provision as is essential in connection with the coming into force of any provision of this Act or the appointment of exit day.

(5) No regulations may be made under this Part unless every provision of them is within the devolved competence of the Welsh Ministers for the purposes of Part 2.”

This amendment would provide a power to the Welsh Ministers to make consequential and transitional provision within the devolved competence of the Welsh Ministers.

That schedule 2 be the Second schedule to the Bill.

Amendment 313, in clause 7, page 5, line 7, at end insert—

“( ) But the power in subsection (1) may not be exercised to make provision for Wales to the extent that that provision would be within the devolved competence of the Welsh Ministers for the purposes of Part 1 of Schedule 2.”

This amendment would prevent a Minister of the Crown from making provision to deal with deficiencies in retained EU law arising from withdrawal to the extent that the provision would be within the devolved competence of the Welsh Ministers.

Amendment 89, page 6, line 11, at end insert—

“(da) apply to Wales unless they relate to matters specified in Schedule 7A to the Government of Wales Act 2006,

(db) apply to Scotland unless they relate to matters specified in Schedule 5 to the Scotland Act 1998,

(dc) apply to Northern Ireland unless they relate to matters specified in Schedules 2 or 3 to the Northern Ireland Act 1998.”

This amendment prevents Ministers of the Crown from making regulations under the powers in Clause 7 that apply to Wales, Scotland or Northern Ireland other than in relation to reserved (or, in the case of Northern Ireland, excepted and reserved) matters.

Amendment 158, page 6, line 13, after “it”, insert—

“() modify the Scotland Act 1998 or the Government of Wales Act 2006,”.

This amendment would prevent the powers of a Minister of the Crown under Clause 7 of the Bill to fix problems in retained EU law from being exercised to amend the Scotland Act 1998 or the Government of Wales Act 2006.

Amendment 318, page 6, line 13, after “it”, insert—

“() modify the Government of Wales Act 2006,”.

This amendment would prevent the Government of Wales Act 2006 from being amended by regulations under Clause 7.

Amendment 144, page 6, line 14, leave out from “1998” to end of line 18 and insert

“or otherwise affect any legislation derived from the Belfast Agreement of 10 April 1998 or the intention of that Agreement.”

This amendment is intended to ensure that the EU Withdrawal Bill does not affect any legislation derived from the Good Friday Agreement or the intention of the Good Friday Agreement.

Amendment 161, page 6, line 25, at end insert—

“(9) The consent of the Scottish Ministers is required before any provision is made in regulations under this section so far as the provision would be within the devolved competence of the Scottish Ministers within the meaning given in paragraph 9 of Schedule 2.

(10) The consent of the Welsh Ministers is required before any provision is made in regulations under this section so far as the provision would be within the devolved competence of the Welsh Ministers within the meaning given in paragraph 10 of Schedule 2.”

This amendment would require a Minister of the Crown to first seek the consent of the Scottish Ministers or the Welsh Ministers before making any regulations under Clause 7 on Scottish or Welsh devolved matters.

New clause 39—Provisions of the Good Friday Agreement—

“Before making any regulations under section 9, the Minister shall commit to maintaining the provisions of the Good Friday Agreement and subsequent Agreements agreed between the United Kingdom and Ireland since 1998, including—

(a) the free movement of people, goods and services on the island of Ireland,

(b) citizenship rights,

(c) the preservation of institutions set up relating to strands 1, 2 and 3 of the Good Friday Agreement,

(d) human rights and equality,

(e) the principle of consent,

(f) the status of the Irish language, and

(g) a Bill of Rights.”

Amendment 315, in clause 9, page 6, line 45, at end insert—

“( ) But the power in subsection (1) may not be exercised to make provision for Wales to the extent that that provision would be within the devolved competence of the Welsh Ministers for the purposes of Part 2 of Schedule 2.”

This amendment would prevent a Minister of the Crown from making provision to implement the withdrawal agreement to the extent that the provision would be within the devolved competence of the Welsh Ministers.

Amendment 147, page 7, line 5, at end insert—

“(bc) amend or repeal the Northern Ireland Act 1998 (except with the intention of preserving the effects of the Belfast Agreement of 10 April 1998 after exit day).”

This amendment is intended to maintain the provisions of the Good Friday Agreement after the UK leaves the EU.

Amendment 320, page 7, line 8, at end insert “, or

(e) modify the Government of Wales Act 2006.”

This amendment would prevent the Government of Wales Act 2006 from being amended by regulations under Clause 9.

Amendment 160, page 7, line 8, at end insert—

“(3A) The consent of the Scottish Ministers is required before any provision is made in regulations under this section that modifies the Scotland Act 1998.

(3B) The consent of the Welsh Ministers is required before any provision is made in regulations under this section that modifies the Government of Wales Act 2006.”

This amendment would prevent a Minister of the Crown from using the power to make regulations under Clause 9 implementing any withdrawal agreement to change the devolution settlements for Scotland and Wales without the consent of the Scottish Ministers or Welsh Ministers.

Amendment 157, page 7, line 9, at end insert—

“(5) No regulations may be made under this section unless the requirement in section [Provisions of the Good Friday Agreement] has been satisfied.”

Amendment 163, page 7, line 9, at end insert—

“(5) The consent of the Scottish Ministers is required before any provision is made in regulations under this section so far as the provision would be within the devolved competence of the Scottish Ministers within the meaning given in paragraph 18 of Schedule 2.

(6) The consent of the Welsh Ministers is required before any provision is made in regulations under this section so far as the provision would be within the devolved competence of the Welsh Ministers within the meaning given in paragraph 19 of Schedule 2.”

This amendment would require a Minister of the Crown to first seek the consent of the Scottish Ministers or the Welsh Ministers before making any regulations under Clause 9 on Scottish or Welsh devolved matters.

Amendment 321, in clause 17, page 14, line 4, at end insert

“or the Government of Wales Act 2006.”

This amendment would prevent the Government of Wales Act 2006 from being amended by regulations under Clause 17.

Amendment 316, page 14, line 9, at end insert—

“( ) But the power in subsections (1) and (3) may not be exercised to make provision for Wales to the extent that that provision would be within the devolved competence of the Welsh Ministers for the purposes of Part 2 of Schedule 2.”

This amendment would prevent a Minister of the Crown from making transitional, transitory or saving provision to the extent that the provision would be within the devolved competence of the Welsh Ministers.

Amendment 145, in clause 8, page 6, line 30, at end insert

“including the Belfast Agreement of 10 April 1998.”

This amendment is intended to maintain the provisions of the Good Friday Agreement after the UK leaves the EU.

Amendment 346, page 6, line 30, at end insert

“including those arising under the British-Irish Agreement 1998”.

This amendment would allow Ministers to make regulations to fulfil obligations arising out of the British-Irish Agreement (which commits to implementation of the Multi-Party Agreement).

Amendment 314, page 6, line 30, at end insert—

“( ) But the power in subsection (1) may not be exercised to make provision for Wales to the extent that that provision would be within the devolved competence of the Welsh Ministers for the purposes of Part 2 of Schedule 2.”

This amendment would prevent a Minister of the Crown from making provision to prevent or remedy any breach of international obligations to the extent that the provision would be within the devolved competence of the Welsh Ministers.

Amendment 146, page 6, line 35, at end insert—

“(bc) amend or repeal the Northern Ireland Act 1998 (except with the intention of preserving the effects of the Belfast Agreement of 10 April 1998 after exit day).”

This amendment is intended to maintain the provisions of the Good Friday Agreement after the UK leaves the EU.

Amendment 159, page 6, line 38, at end insert “, or

(e) modify the Scotland Act 1998 or the Government of Wales Act 2006.”

This amendment would prevent the powers of a Minister of the Crown under Clause 8 of the Bill to ensure compliance with international obligations from being exercised to amend the Scotland Act 1998 or the Government of Wales Act 2006.

Amendment 319, page 6, line 38, at end insert “, or

(e) modify the Government of Wales Act 2006.”

This amendment would prevent the Government of Wales Act 2006 from being amended by regulations under Clause 8.

Amendment 347, page 6, line 38, at end insert—

“(e) be incompatible with the British-Irish Agreement 1998 and the Multi-party agreement (the Belfast / Good Friday Agreement) to which it gives effect, including—

(i) the preservation of institutions set up relating to strands 1, 2 and 3 of the Good Friday Agreement,

(ii) human rights and equality,

(iii) the principle of consent, and

(iv) citizenship rights.”

This amendment is intended to ensure that the power to make regulations to fulfil obligations arising out of the British-Irish Agreement could not be used in a manner incompatible with those obligations.

Amendment 162, page 6, line 40, at end insert—

“(5) The consent of the Scottish Ministers is required before any provision is made in regulations under this section so far as the provision would be within the devolved competence of the Scottish Ministers within the meaning given in paragraph 18 of Schedule 2.

(6) The consent of the Welsh Ministers is required before any provision is made in regulations under this section so far as the provision would be within the devolved competence of the Welsh Ministers within the meaning given in paragraph 19 of Schedule 2.”

This amendment would require a Minister of the Crown to first seek the consent of the Scottish Ministers or the Welsh Ministers before making any regulations under Clause 8 on Scottish or Welsh devolved matters.

[Lady Hermon]

It is a pleasure to serve under your chairmanship this afternoon on this very important Bill, Mrs Laing,

I am enormously grateful to the Members who put their names to my new clause 70. I am sorry that Democratic Unionist party Members did not find time to do so. I am sure they wanted to, but they have obviously been busy with other things, such as speaking to the Prime Minister. When, or if, I press my new clause to a vote this afternoon—I am clearly signalling to the Government and to you, Mrs Laing, that if I do not receive a satisfactory response from the Government, I intend to press it to a vote—it will be quite difficult, as I sit as an independent, to provide the Tellers. However, my hon. Friends—I call them friends—in the Scottish National party and the Labour party have kindly indicated that they will provide the Tellers.

I find myself in an extraordinarily difficult position. When I hear the Prime Minister and the Brexit Secretary repeat their commitment to the Good Friday agreement, as I often do, I welcome that enormously. However, I of course expected the Government to match their words, rhetoric and promises about the Good Friday agreement with actions. When I first collected my copy of the European Union (Withdrawal) Bill, I expected to see a commitment written in bold that the Good Friday agreement—otherwise known as the Belfast agreement—would be protected, even though the UK is going to leave the European Union.

I have read the Bill very carefully. As right hon. and hon. Members will know, the Good Friday agreement or Belfast agreement was an international agreement between the Irish Government and the British Government. As an international agreement, it had to be incorporated in our domestic law, and that was done by the Northern Ireland Act 1998. The Good Friday agreement is absolutely fundamental. It has given us peace and stability for the past 20 years in Northern Ireland, and there can be no denying that. Unfortunately, the first mention of the Northern Ireland Act 1998, which incorporated the Good Friday agreement in our domestic law, is in clause 7. It is not at the beginning of clause 7 but in subsection (6), and it is not at the beginning of subsection (6) but in paragraph (f) at the end.

For the benefit of Members—including DUP Members, who have been busy doing other things, as I have said—let me take a moment to read out clause 7(6). Ministers will be given sweeping powers under clause 7 to do what they consider appropriate to prevent, remedy or mitigate deficiencies in retained EU law. The point I must emphasise to the Committee is that the sweeping powers provided in clauses 7 to 10 are replicated or duplicated in schedule 2 for the devolved authorities. The reference to the Northern Ireland Act 1998, which I struggled to find, is in clause 7(6). It states:

“regulations made under this section may not…amend or repeal the Northern Ireland Act 1998 (unless the regulations are made by virtue of paragraph 13(b) of Schedule 7 to this Act or are amending or repealing paragraph 38 of Schedule 3 to the Northern Ireland Act 1998 or any provision of that Act which modifies another enactment).”

I commend the legislative draftsmen and women, because I am sure it is technically correct, but what on earth does it mean? The legislation has to be clear to those people who read it who are not lawyers, and the vast majority of Members of this House are not lawyers. The language is not clear.

May I say to the Clerks of the House—the brilliant Clerks, who serve the House long hours into the night and with such enthusiasm—that I am enormously grateful to them for their patience personally with me and for their diligence and great wisdom in drafting new clause 70? The new clause puts in black and white a bold statement of the commitment to the Good Friday agreement and to the principles which I call in shorthand in the new clause “the Belfast principles”. Those are the principles enshrined in the Good Friday agreement.

For Northern Ireland Unionists, the Belfast principles include the constitutional guarantee, through the consent principle, that Northern Ireland remains part of the United Kingdom unless and until there is a border poll and the people of Northern Ireland, and only Northern Ireland, say otherwise. It is not in the gift of No. 10, thank goodness; it is not in the gift of Dublin; it is governed by the people of Northern Ireland in a border poll. The constitutional principle is guaranteed among the Belfast principles in the Good Friday agreement, as is the principle of mutual respect for all communities across Northern Ireland, who were so divided by the troubles—respect and equality, irrespective of how a person votes, their political opinion and views or their religion. Non-discrimination and equal respect for all is guaranteed in the Belfast agreement.

There are many other principles—I could go on—in that document, which is enormously important for people not just in Northern Ireland, but particularly in Northern Ireland. I stand here as a Unionist and I am proud to defend the Belfast agreement—the Good Friday agreement. I say that with great pride because I grew up, not in in some stately home but on a 50-acre farm west of the River Bann in County Tyrone, very close to what unfortunately became known as the “murder triangle” for the number of people, both Catholic and Protestant, who were murdered by the IRA and subsequently by loyalist paramilitaries as well. Our postman was murdered at the end of our lane. Many of our farming neighbours were attacked on their tractors, or went out to a shed and opened the door, and there was a booby trap that blew off their head or face. My late father made it to 92, but he had to attend innumerable funerals of our neighbours, both Catholic and Protestant.

There is no monopoly on pain and suffering—every single one of the DUP Members in this House, their families and neighbours, suffered as well—but likewise in County Tyrone in 1981, when we had a Conservative Government led by the late Margaret Thatcher, we had the hunger strikes, which unfortunately became the best recruiting agent the IRA did not have in 1981. Ten young men starved themselves to death—highly emotive within the Catholic community, the republican community, the nationalist community. They were the sons of neighbours of ours in County Tyrone. All communities suffered.

Many Members of this House will have no idea who Jack Hermon was, because they are all so young. My dear late husband, who died with Alzheimer’s nine years ago, was the longest serving Chief Constable of the Royal Ulster Constabulary. During the appalling terrorist campaign waged by the IRA and subsequently by the Provisional IRA, which morphed into something called the Real IRA, and by loyalists—do not forget the woe, the suffering, the grief that was caused by loyalist paramilitaries—he described his officers as extraordinary men and extraordinary women doing an extraordinary job, and they did. In Northern Ireland, with a population of 1.8 million, 302 RUC officers were murdered. That is an awful lot of dead police officers.

In the 10 years that Jack was Chief Constable, he had to attend almost 100 funerals, and that undoubtedly affected him, but I tell the House that when the Good Friday agreement was signed and I talked to him about the constitutional consequences of having Sinn Fein in the Executive, Jack listened to me patiently and then lifted one finger and said, “If it saves the life of one police officer, I’m voting for this.” Jack supported publicly the Good Friday agreement, the late Mo Mowlam and her efforts at that time.

The Good Friday agreement has brought all of us in Northern Ireland stability and peace, from which the whole of the UK has benefited, the Republic of Ireland has benefited, and—since we are talking about Brexit—the European Union has benefited. After all, the IRA placed bombs in Germany, Spain, Gibraltar and elsewhere. Underpinning the Good Friday agreement—the foundation for it—was the fact that the Republic of Ireland and the UK had joined the European Union on the same day, at the same time. It was the cornerstone, the foundation of the Good Friday agreement. Under the agreement, those born in Northern Ireland could choose to identify themselves as British or Irish, or indeed both, but they also regarded themselves as Europeans.

The border became virtually invisible where once we had had watchtowers, murders, security checks and unapproved roads. The roads had been cratered, so that someone going to school on the other side of the border, or to a community hall, or church, or chapel, had to get out of their car and tiptoe around on the uncratered part of the road. Those roads have been filled in again. We have normality in Northern Ireland, we have peace, and we undoubtedly have people alive today who would not otherwise be alive.

Let me say ever so loudly and strongly to senior members of the Conservative party that I do not want to hear them or see them on television talking about pushing ahead and no deal—“Let’s just move on with no deal.” It is an absolute nonsense. It is so reckless and so dangerous. The Home Secretary stood here yesterday and made a statement about counter-terrorism. Dissident republicans are active. They are dangerous and ruthless—utterly ruthless. If I had a child or grandchild choosing a career—I have no grandchildren, by the way; I have two children, both of whom have chosen careers other than politics, sadly, because we need leadership in Northern Ireland and young people to come into politics—I would not encourage them to join the UK Border Force or Her Majesty’s Revenue and Customs in the event of no-deal Brexit, because inevitably we will have a hard border.

It must be a moral responsibility and duty on this Government to take care of all personnel, all officials, in HMRC, in the Police Service of Northern Ireland and in the UK Border Force. It is all very well and good to have talked about “taking back control” of our borders—that was a catchy refrain during the EU referendum—but I never could, and still cannot all these months later, get any clarity on how exactly we proposed to take back control. However, in the event of no deal, we would certainly face a hard border, and dissident republicans would regard Police Service of Northern Ireland and HMRC officers, and UK border officials, as legitimate targets. I do not want that on my conscience, and I do not believe for one moment that the Prime Minister or the Government want that either. I plead with senior Conservative party members to stop the nonsense of talking up no deal. The Home Secretary wisely described no deal as “unthinkable”, and it is. She may not be here, but I quote her anyway, because I agree with her and hold her in very high regard.

Why am I so committed to this issue? It is because half my life has been blighted by the troubles. I was not involved in politics when the Good Friday agreement was signed. I was not then a member of the Ulster Unionist party, of which David Trimble was leader. He and I had taught together in the law faculty of Queen’s University Belfast. If anybody cares to look, they will see that my specialism was EU law; that is another reason why I am so passionate about this subject. David Trimble, who was such a remarkable, courageous leader of the Ulster Unionist party, never quite liked or understood my interest in EU law, yet now he is in another place and is asked for his views on so much. He and I will never fall out, but we have always disagreed over the EU. My love for it continues.

I accept that Brexit will happen. We as the United Kingdom have to come out together, and the Prime Minister made that quite clear at Prime Minister’s questions today, but in doing so we cannot risk undermining all that has been gained through the Good Friday agreement—the lives that have been saved and the normality that we have had. That will carry on, but people in Northern Ireland are extremely nervous. There is one party, the Democratic Unionist party—and I am just describing, factually. DUP Members are colleagues and friends, though sometimes I wonder, given the tone of voice that they use towards me. Let us remember the history: a previous Conservative Government, led by Margaret Thatcher, caused such divisions, hurt, anger, rage and outrage in one part of the community in Northern Ireland—the republican nationalist community —and there was the way that the hunger strikes were handled. It is critical that the Conservative Government, who are supported by the DUP, bear in mind all the people of Northern Ireland, and that the DUP does not speak for or represent all of them.

--- Later in debate ---

[Ruth Cadbury (Brentford and Isleworth) (Lab)]

Speakers today, particularly the hon. Member for North Down (Lady Hermon), the right hon. Member for Broxtowe (Anna Soubry) and my hon. Friend, have reminded us of how the troubles affected everyone in Northern Ireland. I visited Northern Ireland during those times. Brief mention has also been made, in particular by the hon. Member for North Down, of how the troubles affected us in this country. I was a child living in Birmingham when those bombs went off. My father was a magistrate and we had to look under the car every morning before getting into it to go to school. Of course , the Conservative party suffered the most appalling attack at its heart. The troubles affected us all—

[The First Deputy Chairman of Ways and Means (Mrs Eleanor Laing)]

Order. The hon. Lady is not making a speech; she is making an intervention, and there will be plenty of time for her to make a speech, with the full rhetoric, later. If she has a point to intervene on, will she do it very briefly, please?

[Ruth Cadbury]

My sincere apologies.

Does my hon. Friend agree that we were all affected by the troubles, and that this is an opportunity to remind the House that we cannot go back to those days? This debate is so important for that reason.

European Economic Area: UK Membership

Eleanor Laing Excerpts

Monday 6th November 2017 Commons Chamber

[Several hon. Members rose—]

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. The time allotted for this debate has been somewhat eroded and many Members wish to speak. Therefore, we must have an immediate time limit on speeches of five minutes.

Exiting the EU: Sectoral Impact Assessments

Eleanor Laing Excerpts

Wednesday 1st November 2017 Commons Chamber

[Mr Bradshaw]

On a point of order, Madam Deputy Speaker. Given the exchange that we have just heard, would it be possible to have a ruling from the Chair about the enforceability and binding nature of this motion?

[Madam Deputy Speaker (Mrs Eleanor Laing)]

I thank the right hon. Gentleman for his point of order. The immediate answer is, no, it would not be possible at this moment to have a ruling from the Chair. The fact is that the Minister has answered the question. I appreciate that he does not like the Minister’s answer. The right hon. Member for Broxtowe (Anna Soubry) asked a straight question, and the Minister gave a straight answer. It is not for the Chair to decide how the Minister should answer the question.

[Mr Walker]

Let me clarify for the right hon. Gentleman that we are, first and foremost—

[Anna Soubry]

Further to that point of order, Madam Deputy Speaker.

[Madam Deputy Speaker]

Order. There was nothing further to that point of order, because I have answered the point of order. If the right hon. Lady has a different point of order, I will hear it.

[Anna Soubry]

Madam Deputy Speaker, forgive me. The point of order, which was raised and which I raise again, is whether or not this motion, in the view of the Chair, is a binding motion. That is the question.

[Madam Deputy Speaker]

The right hon. Lady knows that the Chair will not become involved in an argument between one Front Bench and the other, or one side of the House and the other. The Minister has—[Interruption.] Order! Do not shout when I am speaking from the Chair. The Minister has the floor and he has heard the points that are being made. It is for the Minister to answer those points.

[Stephen Doughty]

On a point of order, Madam Deputy Speaker. What advice might you be able to get from the Clerk of the House, perhaps during the course of this debate, on whether the motion is binding? It is important for the House to know that information. I appreciate that you might not be able to rule on it at this moment, but I would also appreciate it if we could get that advice in due course.

[Madam Deputy Speaker]

I am grateful for the hon. Gentleman’s advice; thank you.

[Mr Walker]

The House was quite keen to hear about some of this analysis, so I thought it would be helpful if I set out some of the details of what it is and what it is not. I have explained that the analysis is not a series of 58 economic impact assessments. It is a cross-sectoral analysis. It is not just work undertaken by our Department, as it draws on analysis and expertise from across the whole of Government. But it is not the case—and I do not believe that this Department or any of its Ministers has ever said that it is—that there are 58 economic impact assessments that neatly summarise what all the eventualities could mean for each sector.

--- Later in debate ---

[Mr Iain Duncan Smith (Chingford and Woodford Green) (Con)]

On a point of order, Madam Deputy Speaker. I notice that a right hon. Gentleman is reading all your documents over your shoulder. Is it in order for somebody to read the advice that you are getting? He is doing it right now. I think that is rather out of order.

[Madam Deputy Speaker]

I am extremely grateful for the protection of the right hon. Member for Chingford and Woodford Green (Mr Duncan Smith). It is quite in order and normal for a Member to approach the Chair. It is not normal for anyone to read my papers while I am on my feet.

[Mr Walker]

It has been a lively session so far.

--- Later in debate ---

[Mr Bradshaw]

On a point of order, Madam Deputy Speaker. I just wondered, in the intervening period since the previous points of order, whether you had managed to seek advice from the Clerks on the enforceability and binding nature of this motion.

[Madam Deputy Speaker]

The House will be aware that the motion before us is a Humble Address to be presented to Her Majesty. That is the motion before the House. We are currently debating that motion and it is absolutely correct that there should be differences of opinion about the effect of the motion, the way in which it should be debated and what should happen to it. At this stage, I would say only that a motion of this kind has in the past been seen as effective or binding. That does not mean that I am making a ruling at this point about the nature of the motion before us today.

I will reiterate what I said before. While it is correct for the Chair to make a ruling on what happens here in the Chamber, it is for the Government to decide how they will proceed, having considered the opinions of the House. It would, of course, be quite wrong for the Government not to pay any attention to a decision taken by the House, but the way in which the Minister interprets what he and his colleagues should do after the House has expressed an opinion is a matter not for the Chair but for the Minister.

[Mr Rees-Mogg]

Further to that point of order, Madam Deputy Speaker. I wondered if it might be helpful to refer hon. Members to page 819 of “Erskine May”, which points out that in a recent case the Canadian House of Commons, in not entirely dissimilar circumstances, viewed it as a breach of privilege for the Government to fail to provide information when asked for it by the House.

[Madam Deputy Speaker]

I thank the hon. Gentleman for directing me to page 819 of “Erskine May”, which I will look at as soon as I have an opportunity so to do, but he will be aware of the rules on privilege, as I am, and the way in which those rules can be interpreted. Like him, not long ago I served for many weeks on a Committee considering the way in which privilege can be applied. If I were to say that it is a grey area, that would not be an exaggeration. There is no black and white in the way in which privilege is applied. But I thank the hon. Gentleman for drawing to my attention to that particular point in “Erskine May”.

[Chris Bryant]

Further to that point of order, Madam Deputy Speaker. “Erskine May” is written in black and white. It makes it absolutely clear, as the hon. Member for North East Somerset (Mr Rees-Mogg) mentioned—I am partially giving you time to read page 819 in case you need to, Madam Deputy Speaker—that if the House chose to, it could refer each and every individual Minister who chose to ignore the decision of the House to the Committee on Privileges, and they could then be suspended from membership of the House.

[Madam Deputy Speaker]

I am grateful to the hon. Gentleman for giving me time. I must say it would not matter whether “Erskine May” was written in black and white, or green and yellow, or purple and orange. The fact is that the rules on privilege are not a matter that can be decided immediately without consideration of all of the circumstances. I am not going to make a ruling here and now about the way in which the Minister and his colleagues should interpret what is happening in the House today.

[Mr Duncan Smith]

Further to that point of order, Madam Deputy Speaker. “Erskine May” is quite clear. The reference to the Canadian position was in the event that the Government chose to ignore what the House had said and called for. The Government have made it clear already, in the Minister’s opening remarks, that they have not chosen to ignore this particular outcome, whatever that outcome is. That is clear. The word “ignore” is very clear. It means to disregard and to refuse to reflect on. The Government have made it clear that they will not ignore it and therefore this tautological debate should now end.

[Madam Deputy Speaker]

I am grateful to the right hon. Member for his point of order. The difference of opinion between him, the hon. Member for Rhondda (Chris Bryant) and the right hon. Member for Broxtowe (Anna Soubry), whom I can hear making further points on my right, simply proves the point that I have made to the House, which is that privilege is not a black and white matter. Privilege and the way in which it is interpreted is a matter that takes some consideration, and I reiterate that I will not make any ruling from the Chair which has an effect right now on this Minister in this Chamber. But I am now making a ruling that this is a short debate, that there are many matters to be discussed, and that I have a long list of names of people who wish to participate in this debate, and I will take no further tautological points of order. I want to hear what the Minister has to say, and I suspect that everyone else wants to hear what the Minister has to say.

[Mr Walker]

I am grateful to you, Madam Deputy Speaker. It is good to know that someone wants to hear what the Minister has to say.

DExEU Ministers have been engaging with businesses up and down the country. That includes attendance at 50 roundtables and over 250 bilateral meetings, as well as many more meetings with other Departments. Those interactions help to inform and supplement our analysis.

--- Later in debate ---

[Catherine McKinnell]

The Minister must accept that the impact of Brexit will not be uniform across the country, which is why the Chancellor acknowledged that the Government have not only carried out sectoral impact assessments but looked at regions. Will the Minister explain what information the Government will release about the impact on different regions of the UK, so that we can not only understand the impact of Brexit but prepare for it?

[Madam Deputy Speaker]

Order. In addition to not having lots of tautological points of order, we will also not have any more extremely long interventions. Short interventions are—[Interruption.] Order. We will not have any more extremely long interventions, because it is simply not fair to the people who want to speak later in the debate.

[Mr Walker]

I am grateful, Madam Deputy Speaker.

I would say to the hon. Lady that I have spoken about the nature of our analysis. This motion refers to sectoral analysis, and that is what we are focusing on today. However, I do want to come to the issue here, and the motion also speaks about the Exiting the European Union Committee.

--- Later in debate ---

[Seema Malhotra]

My hon. Friend is making a powerful speech about the impact on industries in our local areas. Does she agree that the medical services and social care sector is incredibly important in all our constituencies? A leaked Department of Health report from earlier this year suggested that there could be a shortfall of 40,000 nurses if there is a hard Brexit—

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. Before the hon. Member for Hornsey and Wood Green (Catherine West) answers that intervention, Mr Deputy Speaker has just made it clear, and I reiterate it, that if people make long interventions at this point in the debate, they are depriving someone else who has been sitting here all afternoon of the opportunity to speak at all.

[Catherine West]

I agree with my hon. Friend and thank her for all her excellent forensic questioning in this area. It is sad, however, that she has had to spend hours and hours asking those questions when it is really our basic right as parliamentarians to have the information we need for this important treaty making. It is probably the most important constitutional question that we in this Parliament will have to grapple with. My worry is that we could be heading for a crash course, which relates to my intervention on the right hon. Member for Wokingham (John Redwood) about there being an element of people not wanting to know the facts and figures. Those who have already made up their mind want to be positive, but perhaps they also want to ignore the facts. That is the opposite extreme, and opposites are unnecessary and probably bad in this regard.

--- Later in debate ---

[Mr Jenkin]

On a point of order, Madam Deputy Speaker. I have been listening carefully to the exchanges in the debate. The motion on the Order Paper is clear and unqualified: it says that the impact assessments should

“be provided to the Committee on Exiting the European Union.”

During the debate, though, those who proposed the motion and others who support it have suggested that parts of those documents might be withheld. Have you received an amendment to the motion that might qualify what should be provided to the Select Committee, or is it for the Government to interpret what they should do after the debate?

[Madam Deputy Speaker (Mrs Eleanor Laing)]

I thank the hon. Gentleman for his point of order. I can answer the practical part of it very simply by saying that the Chair has received no such amendment. As far as I am concerned—and I can be very positive about this—the matter that is currently being debated is exactly the wording in the motion before us on the Order Paper. The way in which the Opposition interpret that might be different from the way in which the Government interpret it. That is what this Chamber is here for: to discuss those differences and come to a conclusion.

[Anna Soubry]

On a point of order, Madam Deputy Speaker. Is it in order for the Government to disclose to members of the media what they plan to do in relation to the documents we are discussing? I have just seen a tweet from the rather excellent political correspondent from The Sun newspaper, who says that he understands that the Government will release the documents, albeit heavily redacted.

[Madam Deputy Speaker]

I thank the right hon. Lady for her very reasonable point of order. It is not for the Chair to rule on what the Government may say to journalists, but I say to the right hon. Lady that while a debate is going on in the Chamber about a matter of great importance, the place where announcements in connection with or pertaining to that matter of importance should be made is here in the Chamber.

[Angus Brendan MacNeil]

On a point of order, Madam Deputy Speaker. You said that the debate is about not only the motion but how the Government interpret it. Should papers be provided to the Exiting the European Union Committee, surely other Select Committees—such as the International Trade Committee, which I chair, and perhaps the Health Committee and several others—should be in play. Then again, if the Government do a full U-turn and release the information, we should welcome that.

[Madam Deputy Speaker]

I thank the hon. Gentleman for his point of order. From his point of view as the Chairman of another Select Committee, he has made his point well. As I said earlier, that is not a matter on which I can make a ruling from the Chair at this moment.

[Chris Bryant]

On a point of order, Madam Deputy Speaker. There seems to be in the Government’s mind some belief that they should do all the redaction. If the House decides that the impact assessments should be provided to a Select Committee, I believe it would be better if the Select Committee could then decide what it was going to publish. The serious, important point is that were any member of that Committee to breach the Committee’s decisions and publish the impact assessments willy-nilly, off their own bat, I am sure you would agree that that would be a matter of privilege. It would be a contempt of Parliament.

[Madam Deputy Speaker]

I thank the hon. Gentleman for his most interesting point of order, but it is hypothetical. I would hope that any member of a Committee would act in a way that would not be a breach of privilege and would not breach the rules of Parliament. The whole issue of privilege, its importance and the importance of behaving in a way that is commensurate with the role of being an hon. Member of this House is there not for the sake of tradition or any frothy reason, but to preserve our freedom through democracy. That is why these matters are of great importance.

We will now return to the debate because, as the Chamber well knows, these are not points of order for the Chair, but matters for debate. There is clearly disagreement, which is why we have debates on these matters. We will recommence with Mr Phil Wilson.

--- Later in debate ---

[Angus Brendan MacNeil]

On a point of order, Madam Deputy Speaker. Should we not use the correct terminology in this Parliament? Should we not understand what the European Union is? It is a union of 28 sovereign Governments. It is very far away from being a superstate.

[Madam Deputy Speaker (Mrs Eleanor Laing)]

That is not a point of order. There have been too many points of order and too many long interventions. I am now reducing the time limit for speeches to three minutes, because that is all the time we have left.

--- Later in debate ---

[Several hon. Members rose—]

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. Let me make it absolutely clear that when someone who has the Floor takes an intervention and allows someone who has not been sitting here waiting to speak to make their point, then at the end of such a busy debate, many people will not have the opportunity to speak. That is what is about to happen, and every Member of the House ought to take responsibility for not taking interventions and for keeping their remarks short. Hon. Members are preventing other hon. Members from speaking.

--- Later in debate ---

[Several hon. Members rose—]

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. Very few Members will now have an opportunity to speak and I am reducing the time limit to two minutes.

European Union (Notification of Withdrawal) Bill

Eleanor Laing Excerpts

3rd reading: House of Commons & Committee: 3rd sitting: House of Commons & Report stage: House of Commons
Wednesday 8th February 2017 Commons Chamber

[Kit Malthouse (North West Hampshire) (Con)]

On a point of order, Mrs Laing. I spent a lot of time last night studying the large number of amendments that have been tabled for today, and I have to confess that I am concerned as to the admissibility of a large number of them. It is my understanding that amendments are not admissible—out of order—if they are vague or unintelligible without further amendment. As an example, I would like to bring to your attention some of the terms in new clause 2, the lead new clause in the debate. It appears to be very vague, implying that

“the Prime Minister shall give an undertaking to have regard to the public interest”

in a list of various—

[The First Deputy Chairman of Ways and Means (Mrs Eleanor Laing)]

Order. I understand the point that the hon. Gentleman is making, but the matter that he is raising is a matter for debate. Some of the new clauses and amendments that were tabled were considered to be in order and have therefore been selected for debate. Some were not in order, and were therefore ineligible for selection for debate. That is not a matter of opinion; it is a matter of fact. I can assure the hon. Gentleman, although I have no obligation so to do, that the matter has been very carefully considered. New clause 2 is perfectly in order. He might well disagree with the points raised in it—indeed, I would expect him to—and I would expect him to make his disagreement known to the House in due course. For the moment, however, I can assure him and the House that new clause 2 is perfectly in order and that it will be debated.

[Kit Malthouse]

rose—

[The First Deputy Chairman]

Further to that point of order? I am sure that the hon. Gentleman would not wish to question the judgment of the Chair.

[Kit Malthouse]

I am just asking for an explanation—

[The First Deputy Chairman]

No; the hon. Gentleman will resume his seat, please. [Interruption.] I thank hon. Members, but I am perfectly capable of dealing with this matter. It is not in order for the hon. Gentleman to ask for an explanation. That would be to question the judgment of the Chair, which is—I should carefully say—a matter up with which I will not put. We will debate new clause 2, which will be moved by Mr Paul Blomfield.

New Clause 2

Conduct of negotiations

“Before giving any notification under Article 50(2) of the Treaty on European Union, the Prime Minister shall give an undertaking to have regard to the public interest during negotiations in—

(a) maintaining a stable and sustainable economy,

(b) preserving peace in Northern Ireland,

(c) having trading arrangements with the European Union for goods and services that are free of tariff and non-tariff barriers and further regulatory burdens,

(d) co-operation with the European Union in education, research and science, environment protection, and preventing and detecting serious and organised crime and terrorist activity,

(e) maintaining all existing social, economic, consumer and workers’ rights.”—(Paul Blomfield.)

This new clause sets out statutory objectives that the Government must have regard to whilst carrying out negotiations under article 50.

Brought up, and read the First time.

[Paul Blomfield (Sheffield Central) (Lab)]

I beg to move, That the clause be read a Second time.

[The First Deputy Chairman of Ways and Means (Mrs Eleanor Laing)]

With this it will be convenient to discuss the following:

New clause 7—Conduct of negotiations—anti-tax haven—

“(1) In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the public interest in maintaining all existing EU tax avoidance and evasion legislation.

(2) In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of Crown must comply with the European Union Code of Conduct on Business Taxation.”

This new clause sets out the government’s commitment to observe the Code of Conduct on business taxation to prevent excessive tax competition and lays out the statutory objectives that the Government must have regard to EU tax avoidance and evasion whilst carrying out negotiations under article 50.

New clause 11—Tariff-free trade in goods and services—

“In the event of the exercise of the power in Section 1, Her Majesty’s Government shall seek a new Treaty between the United Kingdom and the European Union on tariff-free trade in goods and services.”

This new clause would ensure that, in the event of the exercise of the power in Section 1, Her Majesty’s Government shall seek a new Treaty between the United Kingdom and the European Union on tariff-free trade in goods and services rather than withdraw from the European Union with no alternative objective.

New clause 13—Transitional arrangements—

“Her Majesty’s Government shall seek a transitional trading agreement between the United Kingdom and the European Union as part of the negotiations following notification under section 1.”

This new clause would make it an objective for HM Government to secure a transitional approach towards new trading relationships with the EU Member States following the end of the Article 50 notification and negotiation period.

New clause 15—Visa-free travel—

“On the exercise of the power in section 1, Her Majesty’s Government shall endeavour to maintain the visa policy in operation at the date of the coming into force of this Act in relation to citizens of member states of the European Union and the United Kingdom.”

This new clause would seek to ensure that HM Government has the objective of maintaining the visa policy in operation at the date of the coming into force of this Act in relation to citizens of member states of the European Union and the United Kingdom.

New clause 21—Trading rights—financial services—

“On the exercise of the power in section 1, Her Majesty’s Government shall make it an objective to secure the trading rights for UK-based financial services companies that exist by virtue of the UK’s membership of the European Union as of the day on which this Act comes into force.”

This new clause would seek to ensure that Her Majesty’s Government endeavours to preserve the existing trading rights for UK-based financial services companies as currently exist.

New clause 55—Conduct of negotiations—

“Before giving any notification under Article 50(2) of the treaty on European Union, the Prime Minister must undertake to have regard to the public interest during negotiations in—

(a) maintaining and advancing manufacturing industry,

(b) securing the interests of all the regions in England,

(c) delivering existing climate change commitments,

(d) maintaining the common travel area with the Republic of Ireland.”

This new clause sets out statutory objectives to which the Government must have regard whilst carrying out negotiations under Article 50.

New clause 70—Relationship with Europe—

“Before the Prime Minister can exercise the power in section 1, the Prime Minister must commit to negotiating a deal that allows free trade and cooperation between Wales and all European countries.”

This new clause requires the Prime Minister to commit to implementing the Leave Campaign’s pledge to negotiate deal that allows free trade and cooperation between Wales and all European countries before exercising the powers outlined in section 1.

New clause 76—Framework for transfer of data—

“In the event of exercise of the power in section 1, Her Majesty‘s Government shall promote a framework for the transfer of data between the UK and the EU to underpin continued trade in services.”

This new clause would make it the policy of Her Majesty’s Government to promote a framework for cross-border data flows to safeguard the UK services economy and its trade with European markets.

New clause 77—Trade in goods and services—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of retaining full participation in the making of all rules affecting trade in goods and services in the European Union.”

This new clause would require HM Government to negotiate to continue the UK’s participation on agreeing all rules affecting trade in goods and services in the European Union.

New clause 78—Europol—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Police Office (Europol) on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty‘s Government to negotiate to continue the UK’s participation in the European Police Office (Europol).

New clause 79—European Chemicals Agency—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Chemicals Agency (ECHA) on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty‘s Government to negotiate to continue the UK’s participation in the European Chemicals Agency (ECHA).

New clause 80—European Centre for Disease Prevention and Control—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Centre for Disease Prevention and Control (ECDC) on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty‘s Government to negotiate to continue the UK’s participation in the European Centre for Disease Prevention and Control (ECDC).

New clause 81—Community Plant Variety Office—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the Community Plant Variety Office (CPVO) on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty‘s Government to negotiate to continue the UK’s participation in the Community Plant Variety Office (CPVO).

New clause 82—European Medicines Agency—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Medicines Agency (EMEA) on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty‘s Government to negotiate to continue the UK’s participation in the European Medicines Agency (EMEA).

New clause 83—European Agency for Health and Safety at Work—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Agency for Health and Safety at Work (EU-OSHA) on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty‘s Government to negotiate to continue the UK’s participation in the European Agency for Health and Safety at Work (EU-OSHA).

New clause 84—European Aviation Safety Agency—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Aviation Safety Agency (EASA) on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty‘s Government to negotiate to continue the UK’s participation in the European Aviation Safety Agency (EASA).

New clause 85—European Centre for the Development of Vocational Training—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Centre for the Development of Vocational Training (Cedefop) on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty‘s Government to negotiate to continue the UK’s participation in the European Centre for the Development of Vocational Training (Cedefop).

New clause 86—European Police College—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Police College (Cepol) on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty‘s Government to negotiate to continue the UK’s participation in the European Police College (Cepol).

New clause 87—European Environment Agency—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Environment Agency (EEA) on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty‘s Government to negotiate to continue the UK’s participation in the European Environment Agency (EEA).

New clause 88—European Food Safety Authority—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Food Safety Authority (EFSA) on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty’s Government to negotiate to continue the UK’s participation in the European Food Safety Authority (EFSA).

New clause 89—European Investment Bank—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Investment Bank (EIB) on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty’s Government to negotiate to continue the UK’s participation in the European Investment Bank (EIB).

New clause 90—Eurojust—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in Eurojust on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty’s Government to negotiate to continue the UK’s participation in Eurojust.

New clause 91—European Maritime Safety Agency—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Maritime Safety Agency (EMSA) on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty’s Government to negotiate to continue the UK’s participation in the European Maritime Safety Agency (EMSA).

New clause 92—European Monitoring Centre for Drugs and Drug Addiction—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty’s Government to negotiate to continue the UK’s participation in the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA).

New clause 93—European Union Agency for Fundamental Rights—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Union Agency for Fundamental Rights (FRA) on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty’s Government to negotiate to continue the UK’s participation in the European Union Agency for Fundamental Rights (FRA).

New clause 94—European Satellite Centre—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Satellite Centre (EUSC) on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty’s Government to negotiate to continue the UK’s participation in the European Satellite Centre (EUSC).

New clause 95—Protected designation of origin scheme—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the protected designation of origin (PDO) scheme on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty’s Government to negotiate to continue the UK’s participation in the protected designation of origin (PDO) scheme.

New clause 96—Protected geographical indication scheme—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the protected geographical indication (PGI) scheme on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty’s Government to negotiate to continue the UK’s participation in the protected geographical indication (PGI) scheme.

New clause 97—Traditional specialities guaranteed scheme—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the traditional specialities guaranteed (TSG) scheme on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty’s Government to negotiate to continue the UK’s participation in the traditional specialities guaranteed (TSG) scheme.

New clause 100—Equality and women’s rights—

“Before issuing any notification under Article 50(2) of the Treaty on European Union the Prime Minister shall give an undertaking to have regard to the public interest during negotiations for the UK’s withdrawal from the European Union in—

(a) maintaining employment rights and protections derived from EU legislation,

(b) ensuring that EU co-operation to end violence against women and girls, to tackle female genital mutilation and to end human trafficking will continue unaffected,

(c) the desirability of continuing to recognise restraining orders placed on abusive partners in EU Member States in the UK and restraining orders placed on abusive partners in the UK across the EU, and

(d) establishing a cross-departmental working group to assess and make recommendations for developing legislation on equality and access to justice.”

New clause 104—Agricultural Sector—Trade Deals—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to, and shall include, the agricultural sector in any new trade settlement with the European Union.”

New clause 163—Consultation with representatives of English regions—

“(1) Before the Prime Minister issues any notification under Article 50(2) of the Treaty on European Union, the Secretary of State shall set out a strategy for consultation with representatives of the English regions, including those without directly elected Mayors, on the UK’s priorities in negotiations for the UK’s withdrawal from the European Union.

(2) The Secretary of State shall nominate representatives for the purposes of subsection (1).”

This new clause would require the Government to designate representatives from English regions and set out a strategy for consulting them on the UK’s priorities in negotiations on withdrawal from the EU.

New clause 166—Rights and opportunities of young people—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must seek to ensure that the rights and opportunities of people aged under 25 in the United Kingdom are maintained on the same terms as on the day on which Royal Assent is given to this Act, including—

(a) retaining the ability to work and travel visa-free in the EU,

(b) retaining the ability to study in other EU member states on the same terms as on the day on which Royal Assent is given to this Act, and

(c) retaining the ability to participate in EU programmes designed to provide opportunities to young people, including programmes to facilitate studying in other EU member states.”

This new clause would ensure that the Government must seek to protect the rights and opportunities currently enjoyed by young UK nationals so that they should not become worse off than their European counterparts.

New clause 170—EHIC scheme—

“(1) In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Health Insurance Card (EHIC) scheme on the same basis as any other member state of the European Union”.

This new clause would require Her Majesty’s Government to negotiate to continue the UK’s participation in the European Health Insurance Card (EHIC) scheme.

New clause 172—Erasmus+ Programme—report

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the Erasmus+ Programme on the same basis as any other member state of the European Union”.

This new clause would require Her Majesty’s Government to negotiate to continue the UK’s participation in the Erasmus+ Programme.

New clause 174—European Research Area (ERA)—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Research Area (ERA) on the same basis as any other member state of the European Union”.

This new clause would require Her Majesty’s Government to negotiate continue to the UK’s participation in the European Research Area (ERA).

New clause 178—European Arrest Warrant—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Arrest Warrant on the same basis as any other member state of the European Union”.

This new clause would require Her Majesty’s Government to negotiate to continue the UK’s participation in the European Arrest Warrant.

New clause 181—Trade agreements—

“(1) In the course of negotiations with the European Union on the UK’s withdrawal from the Union, Her Majesty’s Government must have regard to the value of UK membership of the EU Customs Union in maintaining tariff and barrier-free trade with the EU.

(2) Before exercising the power to notify under section 1 of this Act, the Prime Minister should lay before Parliament an assessment of the value of UK membership of the EU Customs Union in maintaining ongoing tariff and barrier-free trade with the EU.”

New clause 183—Membership of the single market including EU-wide reform of freedom of movement—

“(1) In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must seek to—

(a) secure reforms of provisions governing the free movement of persons between EU member states in such a way as to allow for greater controls over movement of people for member states and to enable the UK to retain full membership of the European single market, or

(b) maintain the highest possible level of integration with the European single market.”

This new clause would ensure that the Government must seek to negotiate EU-wide reforms to freedom of movement in the single market to enable the Government to seek to retain membership of the single market or as close to membership as possible.

New clause 185—Euratom—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Atomic Energy Community (Euratom) on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty’s Government to negotiate to continue the UK’s participation in Euratom.

New clause 193—Conduct of negotiations—

“( ) Before giving any notification under Article 50(2) of the Treaty on European Union, the Prime Minister shall give an undertaking to have regard to public interest during negotiations in maintaining the United Kingdom’s membership of the European Convention on Human Rights and the European Court of Human Rights.”

Amendment 22, in clause 1, page 1, line 2, leave out “may” and insert “shall”

Amendment 23, page 1, line 2, after “notify” insert “by 31 March 2017”

Amendment 7, page 1, line 3, at end insert—

“if it is the intention of Her Majesty’s Government to continue to participate in EU Common Foreign and Security Policy”

This amendment would ensure that the UK’s withdrawal from the European Union would not affect the intention of Her Majesty’s Government to continue to participate in EU Common Foreign and Security Policy.

Amendment 8, page 1, line 3, at end insert—

“but not before 1st November 2017”

This amendment would ensure that any notification of intention to withdraw from the EU cannot be made before 1st November 2017.

Amendment 9, page 1, line 3, at end insert—

“and shall make it an objective for the United Kingdom to remain a member of the European Single Market.”

This amendment would ensure that the policy of HM Government shall be to negotiate the United Kingdom‘s continued membership of the European Single Market.

Amendment 29, page 1, line 3, at end insert—

“after consultation with the Government of Gibraltar.”

Amendment 30, page 1, line 3, at end insert—

“and its institutions with the exception of the European Defence Agency.”

Amendment 31, page 1, line 3, at end insert—

“and its institutions with the exception of Euratom.”

Amendment 32, page 1, line 3, at end insert—

“and its institutions with the exception of Europol.”

Amendment 33, page 1, line 3, at end insert—

“and its institutions with the exception of the European Space Agency.”

Amendment 34, page 1, line 3, at end insert—

“with the exception of the Common Foreign and Security Policy.”

Amendment 42, page 1, line 3, at end insert—

“The power to make this notification shall not include an intention to withdraw the United Kingdom from membership or participation of the European Atomic Energy Community (Euratom).”

Amendment 54, page 1, line 3, at end insert—

‘(1A) The Prime Minister may not notify under subsection (1) until the Chief Minister of Gibraltar has notified Her Majesty’s Government that Gibraltar consents to the process for the withdrawal of the UK from the European Union.”

Amendment 89, page 1, line 3, at end insert—

‘(1A) The Prime Minister may not notify under subsection (1) the intention to withdraw the United Kingdom from membership of, and participation in, the European Atomic Energy Community (Euratom), until replacement treaties with other EU Member States and relevant third countries have been agreed.”

Amendment 35, page 1, line 5, at end insert—

‘(3) This section does not apply to Gibraltar.”

Amendment 38, page 1, line 5, at end insert—

‘(3) Before the Prime Minister issues a notification under this section, Her Majesty’s Government has a duty to lay before both Houses of Parliament a White Paper identifying new oversight, accountability and enforcement mechanisms replacing the role of the European Commission and the European Court of Justice to ensure an equivalent level of compliance with EU-derived environmental regulation upon withdrawal from the European Union.”

This amendment would ensure that the UK judicial system is prepared and ready to effectively perform the enforcement duties currently undertaken by institutions of the EU with regards to environmental regulation.

Clause 1 stand part.

Clause 2 stand part.

New clause 12—International trade—

“Her Majesty’s Government shall endeavour to incorporate into UK regulation the international trade policies that apply to the UK as a consequence of its membership of the European Union and European Customs Union on the date of the exercise of the power in section l.”

This new clause would make it the policy of HM Government to endeavour to “grandfather” existing trade policies currently applicable to the UK by virtue of UK membership of the EU Customs Union.

New clause 32—Social Chapter rights—draft framework—

“Before exercising the power under section 1, the Prime Minister must set out a draft framework for the future relationship with the European Union which includes reference to the maintenance of Social Chapter rights.”

New clause 34—Free trade—draft framework—

“Before exercising the power under section 1, the Prime Minister must set out a draft framework for the future relationship with the European Union which includes reference to the maintenance of tariff and barrier-free trade with EU member states.”

New clause 35—Environmental standards—draft framework—

“Before exercising the power under section 1, the Prime Minister must set out a draft framework for the future relationship with the European Union which includes reference to the maintenance of environmental standards.”

New clause 36—Climate change—draft framework—

“Before exercising the power under section 1, the Prime Minister must set out a draft framework for the future relationship with the European Union which includes reference to how this will deliver UK and EU climate change commitments.”

New clause 37—Research and Development—draft framework—

“Before exercising the power under section 1, the Prime Minister must set out a draft framework for the future relationship with the European Union which includes reference to the maintenance of international collaboration on research and development by universities and other institutions.”

New clause 38—Common travel area—draft framework—

“Before exercising the power under section 1, the Prime Minister must set out a draft framework for the future relationship with the European Union which includes reference to the maintenance of the common travel area with the Republic of Ireland.”

New clause 39—Crime and security—draft framework—

“Before exercising the power under section 1, the Prime Minister must set out a draft framework for the future relationship with the European Union which includes reference to the maintenance of international collaboration on tackling crime and strengthening security.”

New clause 40—Economic and financial stability—draft framework—

“Before exercising the power under section 1, the Prime Minister must set out a draft framework for the future relationship with the European Union which includes reference to the maintenance of economic and financial stability.”

New clause 50—Commencement—

“This Act shall not come into effect before Parliament has sat for one month following the first General Election that takes place after 31 March. 2017.”

New clause 133—Commencement—

“This Act does not come into force until the Prime Minister has certified that it is the policy of Her Majesty’s Government that on leaving the European Union the United Kingdom should as soon as possible accede to the European Economic Area Agreement as a non-EU party.”

New clause 141—Extent—

“This Act extends to the whole of the United Kingdom and to Gibraltar.”

New clause 186—Report on future participation in Euratom—

“Within 30 days of the Prime Minister exercising the power under section (1), a Minister of State shall publish a report on the United Kingdom’s intended future participation in and engagement with the European Atomic Energy Community (Euratom), and shall lay a copy of the report before each House of Parliament.”

This new clause would seek a report from Her Majesty’s Government on the UK’s participation in and engagement with Euratom, following the withdrawal of the UK from the EU.

New clause 192—Nuclear Collaboration—

“(1) Nothing in this Act shall affect the UK’s membership of the European Atomic Agency Community (Euratom).

(2) Notwithstanding the provisions of any other Act, Her Majesty’s Government shall treat the process of leaving Euratom as separate to that of leaving the European Union.”

[Paul Blomfield]

I rise to speak to new clause 2 and the other new clauses that stand in my name and those of my hon. and right hon. Friends, which have been judged to be in order. Over the past two days, we have had a series of important debates, primarily on the process that we face over the long period ahead. Today, we move on to new clauses and amendments on the substance of the Government’s negotiations. The debate on process was important precisely because it is about enabling the people of this country, through this elected Parliament, to hold the Government to account on the issues that matter to them: their jobs; the conditions under which our businesses operate; how we keep our country safe and secure; how we protect our environment for future generations; and how we ensure that we remain at the cutting edge of science and research and that we have an economy that is able to fund our NHS and all the services that are vital for our social fabric.

In the foreword to the White Paper, the Prime Minister claims that

“the country is coming together”,

but we are not there yet, and those portraying anyone with a different approach to Brexit as attempting to frustrate the will of the people—as some have done over recent days—does not help. Today, however, we can take an important step, because new clause 2 addresses many of the concerns not only of the 48% but of many of the 52%—those who voted to come out but did not vote to lose out. It is, in fact, a manifesto for the 100%. It puts at the front of the Government’s objectives a duty to maintain a stable and sustainable economy through having trading arrangements with the European Union for goods and services that are free of tariff and with non-tariff barriers. We on this side of the House have been clear that, in the negotiations, it is the economy and jobs that should come first, but the Government have decided otherwise. They are taking a reckless gamble with people’s jobs and living standards by walking away from the single market and the customs union.

--- Later in debate ---

[Paul Blomfield]

As I said, the right hon. Gentleman has had lots of time during Committee of the whole House. I want to move on to a different topic, and I am sure that he will want to get in later. [Interruption.]

[The First Deputy Chairman of Ways and Means (Mrs Eleanor Laing)]

Order. Mr Blomfield rightly wishes to speed up his introduction of the new clause; Members will be pleased about that when we come to the end of this debate and they find that they have had a chance to speak.

[Paul Blomfield]

Thank you, Mrs Laing.

--- Later in debate ---

[Paul Blomfield]

Mrs Laing?

[The First Deputy Chairman of Ways and Means (Mrs Eleanor Laing)]

Order. The former Chief Whip, the right hon. Member for Forest of Dean, knows better than anyone how business is conducted in this Chamber, and he knows what happens to people who do not do what they are meant to.

[Mr Bone]

Tell us, please.

[The First Deputy Chairman]

Mr Bone asks me to tell the House; there is no need.

[Paul Blomfield]

Thank you, Mrs Laing. To continue my point, our departure will clearly have implications for the many environmental, employment and consumer rights that have been won over the past 43 years.

--- Later in debate ---

[Paul Blomfield]

I will draw my remarks to a close.

[The First Deputy Chairman of Ways and Means (Mrs Eleanor Laing)]

Order. The Committee must allow the shadow Minister to draw his remarks to a close, or no one else will have an opportunity to speak, and it will not be my fault.

[Paul Blomfield]

Thank you, Mrs Laing. I draw my remarks to a close with the simple point that our new clauses provide a basis for bringing people together around plans that address the concerns of the 100%; supporting them would be a good first step.

--- Later in debate ---

[Mr Harper]

On a point of order, Mrs Laing. On Monday, I spoke about the amendments on devolution arrangements. I seem to remember that I took many interventions, including from the hon. and learned Lady. She was not, therefore, prevented from speaking; indeed, I seem to remember that the person in the Chair at the time—[Interruption.]

[The First Deputy Chairman of Ways and Means (Mrs Eleanor Laing)]

Order.

[Mr Harper]

Opposition Members should let me finish making my point of order to the Chair. The person who was in the Chair made great efforts to facilitate the hon. and learned Lady’s speech, but there was then a kerfuffle when she objected to the amount of time she got. How can we put the record straight about the fact that she had a fair opportunity on Monday?

[The First Deputy Chairman]

The right hon. Gentleman does not need to put the record straight, because it is a matter of record. I have myself looked in Hansard, and by the simple use of my arithmetical powers, I have worked out how many people managed to speak, for how long they spoke and what contributions they made. Now, the hon. and learned Lady is asserting that she was prevented from speaking. Because there was a time limit on the debate and the hon. and learned Lady came quite late in the debate, there was not an awful lot of time left in which she could speak. But I think that, in saying that she was prevented from speaking, the hon. and learned Lady is making a rhetorical point rather than an arithmetical point, because her contribution to the debate has been considerable. She will note that she has been given the opportunity very early in today’s proceedings to speak, and I look forward to hearing her speak to the amendments to which she has put her name, and that is what we should stick to.

[Joanna Cherry]

I am very grateful, Mrs Laing, for your clarification. Indeed, I am speaking early today, because I am leading for the third party in this House, and it is my right to speak early in the debate.

--- Later in debate ---

[Mr MacNeil]

I am grateful to my hon. and learned Friend for taking Scotland into account. I hope that the promise made by the Prime Minister on 15 July will have greater gravity than that made by the previous Prime Minister on 10 September 2014, when David Cameron said on “Channel 4 News” that if Scotland voted to remain in the UK, all forms of devolution were there and all were possible. Yet when it came to the Scotland Bill—by this time, my hon. and learned Friend was a Member of Parliament—none of the amendments were taken, showing that none of the forms of devolution were there and none were possible. We have had one broken promise by the previous Prime Minister; let us hope that this Prime Minister can keep her word.

[The First Deputy Chairman of Ways and Means (Mrs Eleanor Laing)]

Order. I give the hon. Gentleman a lot of leeway, but it is this Bill that we are discussing right now. We cannot go on to previous Prime Ministers and previous Bills. I am sure that the hon. and learned Member for Edinburgh South West (Joanna Cherry), whose legal expertise is among the best in the House, will find a way of saying what she wants to say.

[Joanna Cherry]

I am bringing my remarks to a conclusion, Mrs Laing, because I am conscious that others wish to speak. I want to make it clear that the SNP broadly welcomes many of the amendments, including new clause 100, which would secure women’s rights and equality. We believe that the EU is about more than just a single trading market; it is also about the social ties that bind us and the social protections that it guarantees.

--- Later in debate ---

[Helen Goodman]

On a point of order, Mrs Laing. Is it appropriate for an hon. Member to refer to a document that is not available to the whole House?

[The First Deputy Chairman of Ways and Means (Mrs Eleanor Laing)]

I believe it is appropriate for an hon. Member to refer to whichever document he or she might care to quote. It would be a matter for the right hon. Member for Wantage (Mr Vaizey) whether he makes any more of the immediate quotation he wishes to use from any particular correspondence. We all have private correspondence.

[Alex Salmond]

Further to that point of order, Mrs Laing. Would I be in order to say that the custom and practice is that a ministerial letter about a debate should be circulated to Members and placed in the Library?

[The First Deputy Chairman]

The right hon. Gentleman is absolutely right, as ever—[Interruption]—or as often. If a letter or any document was produced by a Government Minister in his or her capacity as a Government Minister that was intended for the information of the whole House, it would indeed have to be placed in the Library or the Vote Office, or distributed on the Benches. Hypothetically, if there is a letter—I do not know whether there is or not—addressed privately to an hon. Member, it is a matter for the hon. Member.

[Mr Vaizey]

I am already in enough trouble with my Whips, Mrs Laing, so I suppose another faux pas will not get me to a much better place. I have only been in the House for 11 years, so I am still learning the ropes.

European Union (Notification of Withdrawal) Bill

Eleanor Laing Excerpts

Committee: 1st sitting: House of Commons
Monday 6th February 2017 Commons Chamber

[Matthew Pennycook (Greenwich and Woolwich) (Lab)]

I beg to move, That the clause be read a Second time.

[The First Deputy Chairman of Ways and Means (Mrs Eleanor Laing)]

With this it will be convenient to discuss the following:

New clause 20—Financial services—reports—

“As from the day on which this Act comes into force the Secretary of State shall, at least once in every six months, lay before Parliament a report stating what, if any, steps are being taken by Her Majesty’s Government to defend and promote the access to European markets for the UK financial services sector as a consequence of the exercise of the power in section 1.”

This new clause would seek regular reports from Ministers about the impact of withdrawing from the European Union on the UK financial services sector.

New clause 22—Competition Policy—

“Following the exercise of the power in section 1, Her Majesty’s Government shall make an annual report to Parliament on its policy regarding state aid, government intervention in industry and fair competition arising from the withdrawal of the United Kingdom from European Union competition regulations.”

This new clause seeks the publication of an annual report from Her Majesty’s Government in respect of the competition policy consequences of withdrawal from the European Union.

New clause 29—Reporting to Parliament—

“Before exercising the power under section 1, the Prime Minister must undertake to report to Parliament each quarter on her progress in negotiations on Article 50(2) of the Treaty on European Union and Article 218(3) of the Treaty on the Functioning of the European Union.”

This new clause puts a requirement on the Prime Minister for quarterly reporting during the negotiating process.

New clause 51—Approval of White Paper on withdrawal from EU—

“(1) This Act comes into effect after each House of Parliament has approved by resolution the White Paper on withdrawal from the EU.

(2) The White Paper must, in particular, provide information on—

(a) the nature and extent of any tariffs that will or may be imposed on goods and services from the UK entering the EU and goods and services from the EU entering the UK;

(b) the terms of proposed trade agreements with the EU or EU Member States, and the expected timeframe for the negotiation and ratification of said trade agreements;

(c) the proposed status of rights guaranteed by the law of the European Union, including—

(i) labour rights,

(ii) health and safety at work,

(iii) the Working Time Directive,

(iv) consumer rights, and

(v) environmental standards;

(d) the proposed status of—

(i) EU citizens living in the UK and,

(ii) UK citizens living in the EU,

after the UK has exited the EU;

(e) estimates as to the impact of the UK leaving the EU on—

(i) the balance of trade,

(ii) GDP, and

(iii) unemployment.”

New clause 56—Notification of withdrawal from the EEA—

“The Prime Minister may not give the notification under section 1 until such time as Parliament has determined whether the UK should also seek to withdraw from the European Economic Area in accordance with Article 127 of the EEA Agreement.”

This new clause would allow for proper parliamentary debate and scrutiny of the United Kingdom’s membership of the Single Market and whether the UK should remain as a member of the European Economic Area prior to the Prime Minister triggering Article 50.

New clause 111—European Police Office (Europol)—report—

“Within 30 days of the coming into force of this Act the Secretary of State shall publish a report to both Houses of Parliament setting out the approach to be taken by Her Majesty’s Government in respect of the United Kingdom’s participation in and engagement with the European Police Office (Europol).”

This new clause would seek a report from Her Majesty’s Government on the UK’s participation in and engagement with the European Police Office (Europol) following the UK’s withdrawal from the European Union.

New clause 112—European Chemicals Agency (ECHA) —report—

“Within 30 days of the coming into force of this Act the Secretary of State shall publish a report to both Houses of Parliament setting out the approach to be taken by Her Majesty’s Government in respect of the United Kingdom’s participation in and engagement with the European Chemicals Agency (ECHA).”

This new clause would seek a report from Her Majesty’s Government on the UK’s participation in and engagement with the European Chemicals Agency (ECHA) following the UK‘s withdrawal from the European Union.

New clause 113—European Centre for Disease Prevention and Control (ECDC)—report—

“Within 30 days of the coming into force of this Act the Secretary of State shall publish a report to both Houses of Parliament setting out the approach to be taken by Her Majesty’s Government in respect of the United Kingdom’s participation in and engagement with the European Centre for Disease Prevention and Control (ECDC).”

This new clause would seek a report from Her Majesty’s Government on the UK‘s participation in and engagement with the European Centre for Disease Prevention and Control (ECDC) following the UK’s withdrawal from the European Union.

New clause 114—Community Plant Variety Office (CPVO) —report—

“Within 30 days of the coming into force of this Act the Secretary of State shall publish a report to both Houses of Parliament setting out the approach to be taken by Her Majesty’s Government in respect of the United Kingdom’s participation in and engagement with the Community Plant Variety Office (CPVO).”

This new clause would seek a report from Her Majesty’s Government on the UK‘s participation in and engagement with the Community Plant Variety Office (CPVO) following the UK‘s withdrawal from the European Union.

New clause 115—European Medicines Agency (EMEA) —report—

“Within 30 days of the coming into force of this Act the Secretary of State shall publish a report to both Houses of Parliament setting out the approach to be taken by Her Majesty’s Government in respect of the United Kingdom’s participation in and engagement with the European Medicines Agency (EMEA).”

This new clause would seek a report from Her Majesty’s Government on the UK’s participation in and engagement with the European Medicines Agency (EMEA) following the UK’s withdrawal from the European Union.

New clause 116—European Agency for Health and Safety at Work (EU-OSHA)—report—

“Within 30 days of the coming into force of this Act the Secretary of State shall publish a report to both Houses of Parliament setting out the approach to be taken by Her Majesty’s Government in respect of the United Kingdom’s participation in and engagement with the European Agency for Health and Safety at Work (EU-OSHA).”

This new clause would seek a report from Her Majesty’s Government on the UK’s participation in and engagement with the European Agency for Health and Safety at Work (EU-OSHA) following the UK’s withdrawal from the European Union.

New clause 117—European Aviation Safety Agency (EASA) —report—

“Within 30 days of the coming into force of this Act the Secretary of State shall publish a report to both Houses of Parliament setting out the approach to be taken by Her Majesty’s Government in respect of the United Kingdom’s participation in and engagement with the European Aviation Safety Agency (EASA).”

This new clause would seek a report from Her Majesty’s Government on the UK’s participation in and engagement with the European Aviation Safety Agency (EASA) following the UK’s withdrawal from the European Union.

New clause 118—European Centre for the Development of Vocational Training (Cedefop)—report—

“Within 30 days of the coming into force of this Act the Secretary of State shall publish a report to both Houses of Parliament setting out the approach to be taken by Her Majesty’s Government in respect of the United Kingdom’s participation in and engagement with the European Centre for the Development of Vocational Training (Cedefop).”

This new clause would seek a report from Her Majesty’s Government on the UK’s participation in and engagement with the European Centre for the Development of Vocational Training (Cedefop) following the UK’s withdrawal from the European Union.

New clause 119—European Police College (Cepol)—report—

“Within 30 days of the coming into force of this Act the Secretary of State shall publish a report to both Houses of Parliament setting out the approach to be taken by Her Majesty’s Government in respect of the United Kingdom’s participation in and engagement with the European Police College (Cepol).”

This new clause would seek a report from Her Majesty’s Government on the UK’s participation in and engagement with the European Police College (Cepol) following the UK’s withdrawal from the European Union.

New clause 120—European Environment Agency (EEA) —report—

“Within 30 days of the coming into force of this Act the Secretary of State shall publish a report to both Houses of Parliament setting out the approach to be taken by Her Majesty’s Government in respect of the United Kingdom’s participation in and engagement with the European Environment Agency (EEA).”

This new clause would seek a report from Her Majesty’s Government on the UK’s participation in and engagement with the European Environment Agency (EEA) following the UK’s withdrawal from the European Union.

New clause 121—European Food Safety Authority (EFSA) —report—

“Within 30 days of the coming into force of this Act the Secretary of State shall publish a report to both Houses of Parliament setting out the approach to be taken by Her Majesty’s Government in respect of the United Kingdom’s participation in and engagement with the European Food Safety Authority (EFSA).”

This new clause would seek a report from Her Majesty’s Government on the UK’s participation in and engagement with the European Food Safety Authority (EFSA) following the UK’s withdrawal from the European Union.

New clause 122—European Investment Bank (EIB)—report—

“Within 30 days of the coming into force of this Act the Secretary of State shall publish a report to both Houses of Parliament setting out the approach to be taken by Her Majesty’s Government in respect of the United Kingdom’s participation in and engagement with the European Investment Bank (EIB).”

This new clause would seek a report from Her Majesty’s Government on the UK’s participation in and engagement with the European Investment Bank (EIB) following the UK’s withdrawal from the European Union.

New clause 123—Eurojust—report—

“Within 30 days of the coming into force of this Act the Secretary of State shall publish a report to both Houses of Parliament setting out the approach to be taken by Her Majesty’s Government in respect of the United Kingdom’s participation in and engagement with Eurojust.”

This new clause would seek a report from Her Majesty’s Government on the UK’s participation in and engagement with the Eurojust following the UK’s withdrawal from the European Union.

New clause 124—European Maritime Safety Agency (EMSA)—report—

“Within 30 days of the coming into force of this Act the Secretary of State shall publish a report to both Houses of Parliament setting out the approach to be taken by Her Majesty’s Government in respect of the United Kingdom’s participation in and engagement with the European Maritime Safety Agency (EMSA).”

This new clause would seek a report from Her Majesty’s Government on the UK’s participation in and engagement with the European Maritime Safety Agency (EMSA) following the UK’s withdrawal from the European Union.

New clause 125—European Monitoring Centre for Drugs and Drug Addiction (EMCDDA)—report—

“Within 30 days of the coming into force of this Act the Secretary of State shall publish a report to both Houses of Parliament setting out the approach to be taken by Her Majesty’s Government in respect of the United Kingdom‘s participation in and engagement with the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA).”

This new clause would seek a report from Her Majesty’s Government on the UK’s participation in and engagement with the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) following the UK’s withdrawal from the European Union.

New clause 126—European Union Agency for Fundamental Rights (FRA)—report—

“Within 30 days of the coming into force of this Act the Secretary of State shall publish a report to both Houses of Parliament setting out the approach to be taken by Her Majesty’s Government in respect of the United Kingdom‘s participation in and engagement with the European Union Agency for Fundamental Rights (FRA).”

This new clause would seek a report from Her Majesty’s Government on the UK’s participation in and engagement with the European Union Agency for Fundamental Rights (FRA) following the UK’s withdrawal from the European Union.

New clause 127—European Satellite Centre (EUSC)—report—

“Within 30 days of the coming into force of this Act the Secretary of State shall publish a report to both Houses of Parliament setting out the approach to be taken by Her Majesty’s Government in respect of the United Kingdom‘s participation in and engagement with the European Satellite Centre (EUSC).”

This new clause would seek a report from Her Majesty’s Government on the UK’s participation in and engagement with the European Satellite Centre (EUSC) following the UK’s withdrawal from the European Union.

New clause 128—Protected designation of origin (PDO) scheme—report—

“Within 30 days of the coming into force of this Act the Secretary of State shall publish a report to both Houses of Parliament setting out the approach to be taken by Her Majesty’s Government in respect of the United Kingdom‘s participation in and engagement with the protected designation of origin (PDO) scheme.”

This new clause would seek a report from Her Majesty’s Government on the UK’s participation in and engagement with the protected designation of origin (PDO) scheme following the UK’s withdrawal from the European Union.

New clause 129—Protected geographical indication (PGI) scheme—report—

“Within 30 days of the coming into force of this Act the Secretary of State shall publish a report to both Houses of Parliament setting out the approach to be taken by Her Majesty’s Government in respect of the United Kingdom‘s participation in and engagement with the protected geographical indication (PGI) scheme.”

This new clause would seek a report from Her Majesty’s Government on the UK’s participation in and engagement with the protected geographical indication (PGI) scheme following the UK’s withdrawal from the European Union.

New clause 130—Traditional specialities guaranteed (TSG) scheme—report—

“Within 30 days of the coming into force of this Act the Secretary of State shall publish a report to both Houses of Parliament setting out the approach to be taken by Her Majesty’s Government in respect of the United Kingdom’s participation in and engagement with the traditional specialities guaranteed (TSG) scheme.”

This new clause would seek a report from Her Majesty’s Government on the UK’s participation in and engagement with the traditional specialities guaranteed (TSG) scheme following the UK’s withdrawal from the European Union.

New clause 134—Notification of withdrawal from the EEA—

“The Prime Minister may not give the notification at section (1) until such time as a Parliamentary vote has approved the withdrawal of the UK from the European Economic Area in accordance with Article 127 of the EEA Agreement.”

New clause 136—Approval of report on withdrawal from EU—

“(1) This Act comes into effect after each House of Parliament has approved by resolution the report on withdrawal from the EU.

(2) The report must, in particular, provide information on—

(a) EU citizens living in the UK and,

(b) UK citizens living in the EU, after the UK has exited the EU.”

New clause 151—Renewables—reports—

“As from the day on which this Act comes into force the Secretary of State shall, at least once in every six months, lay before Parliament a report stating what, if any, steps are being taken by Her Majesty’s Government to defend and promote the access to European markets for the UK renewables sector as a consequence of the exercise of the power in section 1.”

This new clause would seek regular reports from Ministers about the impact of withdrawing from the European Union on the UK renewables sector.

New clause 169—European Health Insurance Card (EHIC)—report—

“Within 30 days of the coming into force of this Act the Secretary of State shall publish a report to both Houses of Parliament setting out the approach to be taken by Her Majesty‘s Government in respect of the United Kingdom‘s participation in and engagement with the European Health Insurance Card (EHIC) scheme.”

This new clause would seek a report from Her Majesty’s Government on the UK’s participation in and engagement with the European Health Insurance Card (EHIC) scheme following the UK’s withdrawal from the European Union.

New clause 171—Erasmus+ Programme—report—

“Within 30 days of the coming into force of this Act the Secretary of State shall publish a report to both Houses of Parliament setting out the approach to be taken by Her Majesty‘s Government in respect of the United Kingdom‘s participation in and engagement with the Erasmus+ Programme.”

This new clause would seek a report from Her Majesty’s Government on the UK’s participation in and engagement with the Erasmus+ Programme following the UK’s withdrawal from the European Union.

New clause 173—European Research Area (ERA)—report—

“Within 30 days of the coming into force of this Act the Secretary of State shall publish a report to both Houses of Parliament setting out the approach to be taken by Her Majesty‘s Government in respect of the United Kingdom‘s participation in and engagement with the European Research Area (ERA).”

This new clause would seek a report from Her Majesty’s Government on the UK’s participation in and engagement with the European Research Area (ERA) following the UK’s withdrawal from the European Union.

New clause 176—Requirement to have regard to Motions passed by Parliament—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to any motions passed by Parliament on the outcome of the negotiations associated with the notification of the UK’s intention to leave the European Union authorised by this Act”.

This new clause would require Her Majesty’s Government to have regard to any motions passed by Parliament on the outcome of the negotiations associated with the notification of the UK’s intention to leave the European Union authorised by this Act.

New clause 177—European Arrest Warrant—report—

“Within 30 days of the coming into force of this Act the Secretary of State shall publish a report to both Houses of Parliament setting out the approach to be taken by Her Majesty‘s Government in respect of the United Kingdom‘s participation in and engagement with the European Arrest Warrant.”

This new clause would seek a report from Her Majesty’s Government on the UK’s participation in and engagement with the European Arrest Warrant following the UK‘s withdrawal from the European Union.

New clause 8—EU and United Kingdom nationals—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must resolve to guarantee the rights of residence of anyone who is lawfully resident in the United Kingdom on the day on which section 1 comes into force in accordance with or as consequence of any provision of a Treaty to which section 1 relates, and United Kingdom nationals living in the parts of the European Union that are not the United Kingdom before the European Council finalises their initial negotiating guidelines and directives.”

Amendment 83, in clause 1, page 1, line 2, leave out “the Prime Minister” and insert “Parliament”.

Amendment 45, page 1, line 3, at end insert—

“(1A) The Prime Minister may not notify under subsection (1) until she has confirmed that EU nationals living and working in the United Kingdom on the date that the UK withdraws from the United Kingdom will be subject to the same citizenship rights that applied prior to the United Kingdom’s withdrawal.”

Amendment 78, page 1, line 3, at end insert—

“(1A) The Prime Minister may not notify under subsection (1) until the Foreign Secretary has published a revised programme of work for the UK Permanent Representative to the European Union for the duration of the negotiating period, and laid a copy of the report before Parliament.”

Amendment 84, page 1, line 3, at end insert—

“(1A) The persons authorised to give notification under subsection (1) on behalf of Parliament are—

(a) The Speaker of the House of Commons, on behalf of the House of Commons, and

(b) the Lord Speaker, on behalf of the House of Lords.

(1B) Parliament may only give notification under subsection (1) if—

(a) both Houses of Parliament have passed resolutions approving notification; and

(b) votes in favour of notification have been passed by—

(i) the Scottish Parliament,

(ii) the National Assembly for Wales, and

(iii) the Northern Ireland Assembly.

(1C) A notification under subsection (1) must be given as soon as is practicable after the two Houses of Parliament have passed resolutions approving notification.”

Amendment 12, page 1, line 5, at end insert—

“(3) Before exercising the power under section 1, the Prime Minister must lay before both Houses of Parliament a White Paper on the UK Exiting the EU.”

Amendment 17, page 1, line 5, at end insert —

“(3) Before exercising power under subsection (1), the Prime Minister must give undertakings that all EU citizens exercising their Treaty rights in the UK who—

(a) were resident in the UK on 23 June 2016, and

(b) had been resident since at least 23 December 2015

be granted permanent residence in the UK.”

Amendment 36, page 1, line 5, at end insert—

“(3) Before the Prime Minister issues a notification under this section, Her Majesty’s Government has a duty to lay before both Houses of Parliament a White Paper setting out its approach to any transitional arrangements with the European Union following the expiry of the two-year period specified in Article 50(3) of the Treaty on European Union.”

This amendment would require the Government to set out, prior to triggering Article 50, a detailed plan for a transitional arrangement with the EU covering the period between the end of the two-year Article 50 negotiation period and the coming into force of a final Treaty on the UK’s new relationship with the EU.

Amendment 44, page 1, line 5, at end insert—

“(3) Before exercising the power under subsection (1), the Prime Minister must lay a report before Parliament on the Government’s proposed negotiation package, including detailed and specific information on—

(a) the proposed terms of the UK’s access to the Single Market (if any) or the negotiating mandate thereof;

(b) the nature and extent of any tariffs that will or may be imposed on goods and services from the UK entering the EU and goods and services from the EU entering the UK or the negotiating mandate thereof;

(c) the terms of proposed trade agreements with the EU or EU Member States, and the expected timeframe for the negotiation and ratification of said trade agreements or the negotiating mandate thereof;

(d) the proposed status of rights guaranteed by the law of the European Union, including—

(i) labour rights,

(ii) health and safety at work,

(iii) the Working Time Directive,

(iv) consumer rights, and

(v) environmental standards;

(e) the proposed status of—

(i) EU citizens living in the UK, and

(ii) UK citizens living in the EU,

after the UK has exited the EU or the negotiating mandate thereof;

(f) details of the Government’s internal estimates as to the impact of the above measures on—

(i) the balance of trade,

(ii) GDP, and

(iii) unemployment,

in the UK after the UK leaves the EU.

(4) The report in subsection (3) must set out the costs and benefits of holding a referendum which asks the public to decide between the proposed negotiation package or remaining a member of the European Union.

(5) The report in subsection (3) must not be laid before the House before 1 December 2017.”

New clause 6—EU citizens resident in the United Kingdom—

“(1) Anyone who is lawfully resident in the United Kingdom—

(a) on the day on which section 1 comes into force, and

(b) in accordance with or as consequence of any provision of a Treaty to which section 1 relates,

shall have no less favourable rights of residence or opportunities to obtain rights of residence than they currently enjoy.”

This new clause guarantees the rights of EU nationals living in the UK at the date when article 50 is triggered.

New clause 14—Rights for EU nationals—

“Her Majesty’s Government shall ensure that those persons who have a right to indefinite leave to remain in the United Kingdom by virtue of their EU citizenship on the day on which this Act is passed shall continue to have an indefinite leave to remain in the United Kingdom.”

This new Clause would ensure that those persons who have a right to indefinite leave to remain in the United Kingdom by virtue of their EU citizenship on the day on which this Act is passed shall continue to have an indefinite leave to remain in the United Kingdom.

New clause 27—EU nationals in the United Kingdom—

“(1) The Prime Minister may not exercise the power under subsection 1(1) unless the Prime Minister is satisfied that arrangements are in place to secure that every individual who is—

(a) not a citizen of the United Kingdom, and

(b) on the date on which this Act comes into force (“the Commencement Date”), is resident in the United Kingdom pursuant to any right derived from the treaties,

shall, when the treaties cease to apply to the United Kingdom, continue to be entitled to reside in the United Kingdom on terms no less favourable than those applicable to that individual on the Commencement Date.”

New clause 33—Immigration—draft framework—

“Before exercising the power under section 1, the Prime Minister must set out a draft framework for the future relationship with the European Union which includes reference to how this will give the UK control over its immigration system.”

New clause 57—Effect of notification of withdrawal—

“Nothing in this Act shall affect the continuation of those residence rights enjoyed by EU citizens lawfully resident in the United Kingdom on 23 June 2016, under or by virtue of Directive 2004/38/EC, after the United Kingdom’s withdrawal from the European Union.”

This savings new clause is designed to protect the residence rights of those EU citizens who were lawfully resident in the United Kingdom on the date of the EU referendum. It would ensure that those rights do not fall away automatically two years after notice of withdrawal has been given, if no agreement is reached with the EU. This new clause would implement a recommendation made in paragraph 53 by the Joint Committee on Human Rights in its report ‘The human rights implications of Brexit’.

New clause 67—Indefinite leave to remain for EU citizens in Wales—

“Before the Prime Minister can exercise the power in section 1, the Prime Minister must commit to automatically granting indefinite leave to remain in the UK for EU citizens already lawfully resident in Wales.”

This new clause requires the Prime Minister to commit to implementing the Leave Campaign’s pledge to automatically grant indefinite leave to remain in the UK for EU citizens already lawfully resident in Wales before exercising the powers outlined in section 1.

New clause 108—Status of Irish citizens in the United Kingdom—

“Before exercising the power under section 1, the Prime Minister shall commit to maintaining the current status, rights and entitlements of Irish citizens in the United Kingdom, inclusive of and in addition to their status, rights and entitlements as EU citizens.”

New clause 135—Effect of notification of withdrawal (No. 2)—

“Nothing in this Act shall affect the continuation of those rights of residence enjoyed by EU citizens lawfully resident in the United Kingdom and UK citizens lawfully resident in the EU on 23 June 2016 after the United Kingdom’s withdrawal from the European Union.”

New clause 142—EU Students in the UK—

“The Prime Minister may not exercise the power under section 1 until a Minister of the Crown has confirmed that EU students present in the UK on the date the United Kingdom withdraws from the EU will be granted visas to allow them residency rights for the full duration of their academic courses.”

New clause 146—Rights of EU citizens in the UK—

“Any citizen of an EU Member State lawfully resident in the United Kingdom on the day on which this Act comes into force shall have no less favourable rights of residence than they currently enjoy.”

[Matthew Pennycook]

New clause 3 concerns the parliamentary oversight of the negotiations that will follow the triggering of article 50. It would require the Government to report back to Parliament at least every two months on the progress of negotiations and to lay reports before both Houses of Parliament on each occasion. Let me be clear that the purpose is to improve the Bill by providing Parliament with the means not only to effectively monitor the Government’s progress throughout the negotiations, but to actively contribute to their success by facilitating substantive scrutiny that can positively influence the outcome.

We are here today debating this new clause and other new clauses and amendments to the Bill only because the Supreme Court upheld the High Court’s November ruling on the triggering of article 50, confirming that only Parliament, not Ministers using the royal prerogative, can initiate the start of the UK’s exit from the EU.

--- Later in debate ---

[Several hon. Members rose—]

[The First Deputy Chairman of Ways and Means (Mrs Eleanor Laing)]

Order. Before I call the next colleague, let me say that it will be obvious to the Committee that a great many people wish to speak. There are in excess of 50 new clauses and amendments to be discussed, and we have two hours and 45 minutes left to do so. I hope that Members will be courteous to others and keep their remarks as brief as possible. I appreciate that these are complicated matters, and it is good to have interventions and proper debate and discussion, but let us avoid repetition and rhetoric for its own sake.

[Mr Kenneth Clarke]

On a point of order, Mrs Laing. It is quite obvious that the programme order will not allow for proper debate by the vast majority of Members. I have never known a debate on any European issue be given such limited time before. Has anyone approached you and asked to re-address the programme order so that we can have the sort of sensible, protracted discussion of these issues that we have had almost to excess on previous occasions such as the debates on the Maastricht treaty?

[Mr Harper]

Further to that point of order, Mrs Laing. When I considered the Government’s programme motion, it seemed to me that for a two-clause Bill, two days—extraordinarily—on Second Reading and three full days of protected time to allow us to sit late where there are statements was, if anything, an excess of generosity.

[The First Deputy Chairman]

The former Chief Whip makes a very good point. It is not a point of order for the Chair, but one that I would expect a former Chief Whip to make.

Let me set the mind of the right hon. and learned Member for Rushcliffe (Mr Clarke) at rest on two points. First, although there are in excess of 50 amendments and new clauses, some of them address the same points as others, so we are not addressing more than 50 separate points of debate. The other point that I draw to his attention is that the House voted for and supported the programme motion, and that is not a matter for me. I am sure that I can now rely on Sir Hugo Swire to address the Committee briefly and pertinently.

[Sir Hugo Swire]

I shall seek not to detain the Committee for too long so as not to repeat many of the arguments that hon. Friends and colleagues have made and will no doubt make again and again throughout this evening.

I wish to talk about the two new clauses that have dominated proceedings to date, one rather less emotional than the other. The unemotional one, I would submit, is new clause 3. We have talked about parliamentary oversight of the negotiations and heard the word “scrutiny” bandied around across the Chamber. I sometimes get the impression that some in this Chamber would seek to scrutinise every single line, cross every “t” and dot every “i” of the Government’s negotiating position. It would be interesting to conduct a straw poll as to how many Members in this Committee have ever taken part in a proper negotiation—a commercial negotiation—that requires, at times, one to keep one’s cards close to hand before declaring them. It is impossible, irresponsible and unthinkable to have to negotiate this in public, and particularly so to insert clauses such that anything discussed must be reported back to this House at intervals of

“no more than two months”—

eight weeks—each and every time. The new clause does not say what Parliament might then do if it does not like what the Government are reporting back. Do Members want a vote on it? We have heard about the possibility of legal involvement—judicial review. This is wholly unrealistic and undesirable.

European Union (Notification of Withdrawal) Bill

Eleanor Laing Excerpts

Tuesday 31st January 2017 Commons Chamber

[Alex Salmond]

rose—

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. I must protect the hon. Gentleman.

[George Freeman]

Thank you, Madam Deputy Speaker.

Our Prime Minister stepped in to lead a Government committed to delivering Brexit, but who would tackle the domestic policy challenges that fuelled much of the wider disillusionment that the vote also signified. It is my privilege to work with her team on that. She now faces an extraordinary political challenge: to deliver Brexit, to negotiate the most important deal for this country in 100 years; to negotiate new trade deals with countries around the world; and to continue the great and urgent task of domestic social and economic reform, such as tackling our structural deficit, shaping our old-fashioned public services and tackling the urgent challenges of social and economic exclusion.

The truth is that the Brexit negotiations ahead of us are perhaps the greatest test of British peacetime diplomacy for a century, and the burden that falls on our Prime Minister, Foreign Secretary and Secretary of State for Exiting the European Union is heavy indeed. To succeed, we will have to put aside many of the differences that divide this House, and instead work together to make sure that we get the best deal for the country we all serve. Our interests are not served by requesting that the negotiation be carried out on Twitter.

At a time when trust in politics has never been so low, we have an opportunity to restore public trust in mainstream politics not to score easy points, but to show that we are worthy of the sovereignty vested in us and in the name of which the Brexiteers have campaigned. Our Brexit deal must be an ambitious Brexit deal for Britain. It must be a Brexit that means we can once again control our own laws, strengthen our Union, protect workers’ rights and strike ambitious new trade deals around the world. [Interruption.] Yes, for Scotland, too. To do this, however, we will have to continue to be engaged with the world, and to cherish our British values. [Interruption.] As the Prime Minister made clear in her recent electrifying speech—I encourage the right hon. Member for Gordon (Alex Salmond), who is chuntering from a sedentary position, to read it—the work of bridging the gap between Europe and the United States will remain one of the key tasks of international relations for many decades to come.

I believe our Prime Minister has set out to do for markets and the west what the great Lady Thatcher did for the defence of the west. Last week, she showed that she was more than up for leading such a mission. It may not always be easy, but it is necessary for this country, which is not something that the right hon. Gentleman who was chuntering understands. I welcome the fact that she has made such an encouraging start with President Trump—he, too, has been elected—because although he campaigned for “America first”, the foreign policy signals are that for the Americans it is now a case of “Britain first”, and we should welcome that.

--- Later in debate ---

[Stephen Gethins]

Did you use your judgment when it came to standing on a blank piece of paper and putting that to the people in terms of the leave vote?

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. Would the hon. Gentleman mind asking the hon. Gentleman, rather than the Chair, about the use of judgment? I know he does not care how I use my judgment.

[Stephen Gethins]

I apologise, Madam Deputy Speaker.

Does the hon. Gentleman consider it a lack of judgment that he campaigned on a blank piece of paper in terms of voting leave?

--- Later in debate ---

[Mr Bone]

I am afraid that by the time we embarked on the referendum campaign proper, the GO movement alliance had broken down. I am sorry if I misled the House. I should have said that prior to the designation of the official campaign, the GO organisation was united, but after that its members went their separate ways. If we are touching on the issue of immigration, however, let me say that it was always GO’s view that European Union citizens who were in this country before the referendum had the right to stay. I personally would have liked the Government to act on that unilaterally, although I completely understand why they have not done so: they want to protect our citizens abroad.

Whichever way we look at it, and whichever side of the argument we were on, this was an extraordinarily democratic exercise. The great thing now is that the focus of the country is back here in this sovereign Parliament, where we can make the decisions. Let me say this to Opposition Members. Some time in the future, you will be on these Benches, and you will be able to make the laws. You will be able to push it. Hopefully, that will not happen for a long time—

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. Will the hon. Gentleman please say “they will able to make the laws”? I will give him 10 seconds in which to say that.

Points of Order

Eleanor Laing Excerpts

1st reading: House of Commons
Thursday 26th January 2017 Commons Chamber

[Alex Salmond (Gordon) (SNP)]

On a point of order, Madam Deputy Speaker. I am glad the Brexit Secretary is here for his moment of history, but perhaps I could just detain him a second. During Brexit questions, he quoted my successor as First Minister—Nicola Sturgeon —somehow suggesting she wanted to deprive 160,000 European citizens of their right of residence in Scotland. By the wonders of modern technology, I have traced the original quote from July 2014. In fact, Ms Sturgeon was arguing exactly the opposite: that their right of residence was one of the reasons why Scotland would remain, as an independent country, a member of the European Union. I know the Brexit Secretary well—he is a decent and honourable man—but I found that another Minister used the same smear last October, so I am bound to conclude that some teenage scribblers in his Department are feeding out misleading information to hapless Ministers, who are then repeating it to the House. I am sure the Brexit Secretary—perhaps even before he has his moment of history—will want to correct the record.

[Madam Deputy Speaker]

Further to that point of order, I call Mr Secretary Davis.

[The Secretary of State for Exiting the European Union (Mr David Davis)]

Further to that point of order, Madam Deputy Speaker. Of course, if I am wrong, I apologise. I will send the right hon. Gentleman the quote that I gave from The Scotsman at that time.

[Chris Bryant (Rhondda) (Lab)]

On a point of order, Madam Deputy Speaker.

[Madam Deputy Speaker]

Is it a separate point of order?

[Chris Bryant]

Yes.

[Madam Deputy Speaker]

I will first answer the point of order from the right hon. Member for Gordon (Alex Salmond), which, as he and the House know, was not a point of order. The right hon. Gentleman sought, in his usual rhetorical way, to set the record straight. The Secretary of State has responded adequately to the point raised by the right hon. Gentleman, and I hope that honour is satisfied on all sides. A point of order— Mr Bryant.

[Chris Bryant]

And this one is a point of order, Madam Deputy Speaker. As you know, when a Minister makes a statement to the House, a printed copy is circulated around the Chamber the moment they sit down by the Doorkeepers. That is very useful for many Members—we can check exactly what the Minister has said, in case we slightly misheard something. The one time we do not do that is for the business statement. Now, I admit that it is a business question, so it is slightly different, but would it not be for the convenience of the House if, the moment the Leader of the House finished announcing the forthcoming business, it was circulated around the House for all hon. Members?

--- Later in debate ---

[Madam Deputy Speaker]

The hon. Gentleman raises an interesting point of administration, and it might be that the Leader of the House would like to say something further to the point of order.

[The Leader of the House of Commons (Mr David Lidington)]

Further to that point of order, Madam Deputy Speaker. I completely concede that it is a perfectly reasonable request, and I will make sure that that happens.

[Madam Deputy Speaker]

Once again, that was not a point of order for the Chair, but we are having a very well-balanced session of points of order.

[Sir Desmond Swayne (New Forest West) (Con)]

It gets better, Madam Deputy Speaker.

[Madam Deputy Speaker]

As the right hon. Gentleman says, it gets better. Would he care to make a point of order?

[Sir Desmond Swayne]

indicated dissent.

[Madam Deputy Speaker]

No? This seems a good point for requests to Ministers, as we seem to be having a 100% record of having requests fulfilled. That was not a point of order for the Chair, so we will move on.

Bill Presented

European Union (Notification of Withdrawal) Bill

Presentation and First Reading (Standing Order No. 57)

Mr Secretary Davis, supported by the Prime Minister, Mr Chancellor of the Exchequer, Secretary Boris Johnson, Secretary David Mundell, Secretary Alun Cairns, Secretary James Brokenshire, Ben Gummer and the Attorney General, presented a Bill to confer power on the Prime Minister to notify, under Article 50(2) of the Treaty on European Union, the United Kingdom’s intention to withdraw from the EU.

Bill read the First time; to be read a Second time tomorrow, and to be printed (Bill 132) with explanatory notes (Bill 132-EN).