European Union (Withdrawal Agreement) Bill
Debate between Nick Thomas-Symonds and George HowarthWednesday 8th January 2020
(4 years, 11 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Committee of the whole House Amendments as at 8 January 2020 - (8 Jan 2020)
Nick Thomas-Symonds (Torfaen) (Lab)
I beg to move, That the clause be read a Second time.
The First Deputy Chairman of Ways and Means (Sir George Howarth)
With this it will be convenient to discuss: Workers’ retained EU rights: the EU directives Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work. Council Directive 89/654/EEC of 30 November 1989 concerning the minimum safety and health requirements for the workplace (first individual directive within the meaning of Article 16(1) of Directive 89/391/EEC). Council Directive 89/656/EEC of 30 November 1989 on the minimum health and safety requirements for the use by workers of personal protective equipment at the workplace (third individual directive within the meaning of Article 16(1) of Directive 89/391/EEC). Council Directive 90/269/EEC of 29 May 1990 on the minimum health and safety requirements for the manual handling of loads where there is a risk particularly of back injury to workers (fourth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC). Council Directive 90/270/EEC of 29 May 1990 on the minimum safety and health requirements for work with display screen equipment (fifth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC). Commission Directive 91/322/EEC of 29 May 1991 on establishing indicative limit values by implementing Council Directive 80/1107/EEC on the protection of workers from the risks related to exposure to chemical, physical and biological agents at work. Council Directive 91/533/EEC of 14 October 1991 on an employer’s obligation to inform employees of the conditions applicable to the contract or employment relationship. Council Directive 92/57/EEC of 24 June 1992 on the implementation of minimum safety and health requirements at temporary or mobile construction sites (eighth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC). Council Directive 92/58/EEC of 24 June 1992 on the minimum requirements for the provision of safety and/or health signs at work (ninth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC). Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (tenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC). Council Directive 92/91/EEC of 3 November 1992 concerning the minimum requirements for improving the safety and health protection of workers in the mineral-extracting industries through drilling (eleventh individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC). Council Directive 92/104/EEC of 3 December 1992 on the minimum requirements for improving the safety and health protection of workers in surface and underground mineral extracting industries (twelfth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC). Council Directive 93/103/EC of 23 November 1993 concerning the minimum safety and health requirements for work on board fishing vessels (thirteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC). Council Directive 94/33/EC of 22 June 1994 on the protection of young people at work. Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services. Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC - Annex: Framework agreement on part-time work. Council Directive 98/23/EC of 7 April 1998 on the extension of Directive 97/81/EC on the framework agreement on part-time work concluded by UNICE, CEEP and the ETUC to the United Kingdom of Great Britain and Northern Ireland. Council Directive 98/24/EC of 7 April 1998 on the protection of the health and safety of workers from the risks related to chemical agents at work (fourteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC). Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies. Council Directive 1999/63/EC of 21 June 1999 concerning the Agreement on the organisation of working time of seafarers concluded by the European Community Shipowners’ Association (ECSA) and the Federation of Transport Workers’ Unions in the European Union (FST) - Annex: European Agreement on the organisation of working time of seafarers. Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP. Directive 1999/92/EC of the European Parliament and of the Council of 16 December 1999 on the minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres (15th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC). Directive 1999/95/EC of the European Parliament and of the Council of 13 December 1999 concerning the enforcement of provisions in respect of seafarers’ hours of work on board ships calling at Community ports. Commission Directive 2000/39/EC of 8 June 2000 establishing a first list of indicative occupational exposure limit values in implementation of Council Directive 98/24/EC on the protection of the health and safety of workers from the risks related to chemical agents at work. Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin. Directive 2000/54/EC of the European Parliament and of the Council of 18 September 2000 on the protection of workers from risks related to biological agents at work (seventh individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC). Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation. Council Directive 2000/79/EC of 27 November 2000 concerning the European Agreement on the Organisation of Working Time of Mobile Workers in Civil Aviation concluded by the Association of European Airlines (AEA), the European Transport Workers’ Federation (ETF), the European Cockpit Association (ECA), the European Regions Airline Association (ERA) and the International Air Carrier Association (IACA). Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses. Council Directive 2001/86/EC of 8 October 2001 supplementing the Statute for a European company with regard to the involvement of employees. Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community - Joint declaration of the European Parliament, the Council and the Commission on employee representation. Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities. Directive 2002/44/EC of the European Parliament and of the Council of 25 June 2002 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (vibration) (sixteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC). Directive 2003/10/EC of the European Parliament and of the Council of 6 February 2003 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (noise) (Seventeenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC). Council Directive 2003/72/EC of 22 July 2003 supplementing the Statute for a European Cooperative Society with regard to the involvement of employees. Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time. Directive 2004/37/EC of the European Parliament and of the Council of 29 April 2004 on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (Sixth individual Directive within the meaning of Article 16(1) of Council Directive 89/391/EEC) (codified version). Council Directive 2005/47/EC of 18 July 2005 on the Agreement between the Community of European Railways (CER) and the European Transport Workers’ Federation (ETF) on certain aspects of the working conditions of mobile workers engaged in interoperable cross-border services in the railway sector. Commission Directive 2006/15/EC of 7 February 2006 establishing a second list of indicative occupational exposure limit values in implementation of Council Directive 98/24/EC and amending Directives 91/322/EEC and 2000/39/EC. Directive 2006/25/EC of the European Parliament and of the Council of 5 April 2006 on the minimum health and safety requirements regarding the exposure of workers to risks arising from physical agents (artificial optical radiation) (19th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC). Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast). Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work. Council Directive 2009/13/EC of 16 February 2009 implementing the Agreement concluded by the European Community Shipowners’ Associations (ECSA) and the European Transport Workers’ Federation (ETF) on the Maritime Labour Convention, 2006, and amending Directive 1999/63/EC. Directive 2009/38/EC of the European Parliament and of the Council of 6 May 2009 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees (Recast). Directive 2009/104/EC of the European Parliament and of the Council of 16 September 2009 concerning the minimum safety and health requirements for the use of work equipment by workers at work (second individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC). Directive 2009/148/EC of the European Parliament and of the Council of 30 November 2009 on the protection of workers from the risks related to exposure to asbestos at work. Commission Directive 2009/161/EU of 17 December 2009 establishing a third list of indicative occupational exposure limit values in implementation of Council Directive 98/24/EC and amending Commission Directive 2000/39/EC. Council Directive 2010/18/EU of 8 March 2010 implementing the revised Framework Agreement on parental leave concluded by BUSINESSEUROPE, UEAPME, CEEP and ETUC and repealing Directive 96/34/EC. Council Directive 2010/32/EU of 10 May 2010 implementing the Framework Agreement on prevention from sharp injuries in the hospital and healthcare sector concluded by HOSPEEM and EPSU. Directive 2013/35/EU of the European Parliament and of the Council of 26 June 2013 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields) (20th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) and repealing Directive 2004/40/EC. Directive 2013/38/EU of the European Parliament and of the Council of 12 August 2013 amending Directive 2009/16/EC on port State control. Directive 2013/54/EU of the European Parliament and of the Council of 20 November 2013 concerning certain flag State responsibilities for compliance with and enforcement of the Maritime Labour Convention, 2006. Council Directive 2013/59/Euratom of 5 December 2013 laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation, and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom. Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’). Council Directive 2014/112/EU of 19 December 2014 implementing the European Agreement concerning certain aspects of the organisation of working time in inland waterway transport, concluded by the European Barge Union (EBU), the European Skippers Organisation (ESO) and the European Transport Workers’ Federation (ETF). Directive (EU) 2015/1794 of the European Parliament and of the Council of 6 October 2015 amending Directives 2008/94/EC, 2009/38/EC and 2002/14/EC of the European Parliament and of the Council, and Council Directives 98/59/EC and 2001/23/EC, as regards seafarers. Council Directive (EU) 2017/159 of 19 December 2016 implementing the Agreement concerning the implementation of the Work in Fishing Convention, 2007 of the International Labour Organisation, concluded on 21 May 2012 between the General Confederation of Agricultural Cooperatives in the European Union (Cogeca), the European Transport Workers’ Federation (ETF) and the Association of National Organisations of Fishing Enterprises in the European Union (Europêche). Commission Directive 2017/164/EU of 31 January 2017 establishing a fourth list of indicative occupational exposure limit values pursuant to Council Directive 98/24/EC, and amending Commission Directives 91/322/EEC, 2000/39/EC and 2009/161/EU. Directive (EU) 2017/1132 of the European Parliament and of the Council of 14 June 2017 relating to certain aspects of company law.
New clause 3—Future relationship: Customs Union and Single Market—
“(1) It shall be an objective of the Government to secure an agreement with the European Union that achieves the following outcomes—
(a) a permanent and comprehensive UK-wide customs union involving alignment with the Union customs code, a common external tariff and an agreement on commercial policy that includes a UK say on future EU trade deals;
(b) close alignment with the single market, underpinned by shared institutions and obligations, with clear arrangements for dispute resolution;
(c) dynamic alignment on rights and protections so that UK standards keep pace with evolving standards across the EU as a minimum;
(d) UK participation in EU agencies and funding programmes; and
(e) Close cooperation on security including access to the European Arrest warrant and databases such as EUROPOL and SIS II.”
New clause 8—Maintaining the UK’s place in the Single Market and Customs Union—
“(1) It shall be an objective of the Government to maintain the United Kingdom’s status within the Single Market and Customs Union of the European Union within the framework of the future relationship between the United Kingdom and European Union.
(2) A Minister shall lay before each House of Parliament a progress report on aims noted in subsection (1).”
This new clause ensures that the UK Government will negotiate for the maintenance of the United Kingdom’s membership of the single market and customs union.
New clause 10—Implementation period negotiating objectives: Erasmus+—
“(1) It shall be an objective of the Government to secure an agreement within the framework of the future relationship of the UK and the EU before the end of the implementation period that enables the UK to participate in all elements of the Erasmus+ programme on existing terms after the implementation period ends (“the Erasmus+ negotiations”).
(2) A Minister shall lay before each House of Parliament a progress report on the Erasmus+ negotiations within six months of this Act being passed.”
This new clause would require the Government to seek to negotiate continuing full membership of the EU’s Erasmus+ education and youth programme.
New clause 16—Economic impact assessment—
“(1) A Minister of the Crown must—
(a) lay before each House of Parliament and
(b) submit to the Presiding Officers of each devolved legislature
a comprehensive economic impact assessment of potential outcomes arising from the conclusion of negotiations on the future relationship with the EU.
(2) An assessment under subsection (1) must include—
(a) an analysis by NUTS1 and NUTS2 regions of the United Kingdom including (but not limited to)—
(i) impact on employment as both a nominal figure and percentage, and
(ii) impact on Gross Value Added;
(b) a sectoral analysis including but not limited to agriculture, health and social care, manufacturing, the aerospace industry, and financial services.”
This new clause would require the Government to produce an economic impact assessment on the future relationship negotiated with the European Union.
New clause 20—UK-EU trade agreement: mutual recognition and standards—
“(1) The Government must, during and after the implementation period, seek as part of any future trade agreement between the United Kingdom and the European Union mutual recognition, adequacy or deemed equivalence arrangements across all product regulations and standards covered by the agreement in the following areas—
(a) goods,
(b) services,
(c) data protection,
(d) environmental standards,
(e) labour standards,
(f) professional qualifications, and
(g) any other technical regulations or standards which it seeks to negotiate.
(2) Nothing in any trade agreement between the United Kingdom and the European Union shall prevent Parliament from enacting laws and setting technical regulations and standards within the United Kingdom.
(3) “Technical regulations or standards” shall include any law, regulation or administrative action that affects the trade of goods, including agrifood and agricultural goods, including those covered by the World Trade Organisation’s Technical Barriers to Trade Agreement and the World Trade Organisation’s Sanitary and Phyto-Sanitary Agreement.”
This new clause would mandate the Government to seek mutual recognition, adequacy or deemed equivalence arrangements on standards to be included in the future trade relationship, while preserving the right of Parliament to set laws and standards in the UK.
New clause 27—Non-regression from EU standards—
“(none) After section 14 (financial provision) of the European Union (Withdrawal) Act 2018 insert—
‘14A Interpretation: “regressive”
(1) In this section and sections 14B to 14D “regressive” means—
(a) reducing the level of protection provided by retained EU law in respect of a protected matter (specified in subsection (2)), or
(b) weakening governance processes associated with retained EU law in respect of a protected matter (specified in subsection (2)).
(2) The protected matters are—
(a) the environment;
(b) food safety and other standards;
(c) the substance of REACH regulations; and
(d) animal welfare.
14B Primary legislation
‘(1) A Minister of the Crown in charge of a Bill in either House of Parliament must, before Second Reading of the Bill—
(a) make a statement to the effect that in the Minister’s view the provisions of the Bill are not intended to have, and are not reasonably likely to have, a regressive effect, or
(b) make a statement that although provisions of the Bill are intended to have, or are reasonably likely to have, a regressive effect, the Government nevertheless wishes the House to proceed with the Bill.
(2) If the Bill relates to environmental law—
(a) in preparing the statement the Minister must—
(i) consult the Office for Environmental Protection (“OEP”); and
(ii) publish their response, and
(b) if the OEP’s response asserts that provisions of the Bill are reasonably likely to have a regressive effect on environmental law, that response must also suggest how to avoid that effect.
(3) A Minister who makes a statement under subsection (1)(b) must also—
(a) publish the reasons for including in the Bill provisions that are intended, or reasonably likely, to have a regressive effect (“regressive provisions”);
(b) arrange for a motion to be moved in the House of Commons, before the Bill leaves that House, for a resolution that the House approves the inclusion of regressive provisions; and
(c) arrange for a motion to be moved in the House of Lords, before the Bill leaves that House, for a resolution that the House approves the inclusion of regressive provisions.
14C Subordinate legislation
‘(1) Regulations under this Act are unlawful if and to the extent that they are intended to have, or in practice are reasonably likely to have, a regressive effect.
(2) A statutory instrument under any other Act which is made for the purposes of or in connection with the withdrawal of the UK from the EU is unlawful if and to the extent that it is intended to have, or in practice is reasonably likely to have, a regressive effect.
14D Other action by public authorities
‘(1) Any action taken by or on behalf of a Minister of the Crown under this Act is unlawful if and to the extent that it is intended to have, or in practice is reasonably likely to have, a regressive effect.
(2) Any action taken by or on behalf of a Minister of the Crown for the purposes of or in connection with the withdrawal of the UK from the EU is unlawful if and to the extent that it is intended to have, or in practice is reasonably likely to have, a regressive effect.
(3) A public authority exercising a function in respect of a protected matter must not exercise the function in a way that is intended to have, or in practice is reasonably likely to have, a regressive effect.
14E Guidance
‘(none) The Secretary of State must publish guidance for government departments and other public authorities designed to ensure and facilitate the avoidance of action that would be unlawful by virtue of sections 14B to 14D.
14F Divergence tracking
‘(1) In this section “divergence report” means a report containing—
(a) a summary of new EU environmental laws;
(b) a summary of steps taken by the Government in relation to the issues addressed by those laws;
(c) a summary of steps taken by the Government as set out in previous divergence reports;
(d) an independent review identifying any divergence between UK law and EU law in respect of those issues and recommending action to remedy the divergence;
(e) a statement of action Ministers propose to take; and
(f) if Ministers do not propose to give effect to the recommendations of the independent review, the reasons for that.
(2) The Secretary of State must publish a divergence report—
(a) within the period of 6 months beginning with the date of commencement of this section; and
(b) during each subsequent period of 6 months.
(3) The Secretary of State must—
(a) prepare each divergence report in consultation with persons appearing to the Secretary of State to represent the interests of businesses, workers, public bodies and relevant non-governmental organisations;
(b) publish each divergence report;
(c) lay it before Parliament; and
(d) arrange for a motion to be moved in each House of Parliament, within the period of 28 sitting days beginning with the first sitting day after the date of publication of the report, for a resolution that the House approves the divergence report.
(4) If a Committee of the House of Lords, or a Joint Committee of the House of Lords and the House of Commons, publishes a report relating to matters to be considered in a divergence report, the divergence report must contain Ministers’ response to the Committee report.
(5) If a motion in either House for the approval of a divergence report is not passed unamended, a Minister of the Crown must as soon as reasonably practicable publish a report—
(a) setting out the steps that Ministers intend to take to rectify any divergence between UK law and EU law in respect of environmental matters, and
(b) including, in particular, legislative proposals designed to remedy the divergence, together with a timetable and strategy for enacting the legislation.
(6) In this section “independent review” means a review undertaken by a body established by regulations made by the Secretary of State for the purpose of reviewing new EU law and giving independent advice to Ministers about divergence.
(7) Regulations under subsection (6)—
(a) may include provision about the membership, funding and proceedings of the body;
(b) may confer appointment and other functions on the Secretary of State or another specified person;
(c) may include incidental, supplemental, consequential and transitional provisions;
(d) must be made by statutory instrument; and
(e) may not be made unless a draft has been laid before, and approved by resolution of, each House of Parliament.
(8) Provision about membership of the body under subsection (7)(a) must, in particular, aim to ensure the inclusion of individuals who are independent of the government and have relevant knowledge and experience including expertise in environmental law’””
This new clause aims to prevent of substantive regression from EU standards in legislation after leaving the EU.
New clause 29—Implementation period negotiating objectives: level playing-field—
“(1) It shall be an objective of the Government to secure an agreement within the framework of the future relationship of the UK and EU to secure agreements that achieve the following outcomes—
(a) close alignment with the European Union single market, underpinned by shared institutions and obligations, with clear arrangements for dispute resolution;
(b) dynamic alignment on rights and protections for workers, consumers and the environment so that UK standards at least keep pace with evolving standards across the EU as a minimum, and;
(c) participation in EU agencies and funding programmes, including for the environment, education, science, and industrial regulation.
(2) A Minister of the Crown shall lay before each House of Parliament a progress report on each of the outcomes listed in subsection (1) (a) to (c) within 4 months of this Act being passed, and subsequently at intervals of no more than 2 months.”
This new clause would require the UK Government to seek close alignment with the EU single market on key level playing-field provisions such as workers’ rights and environmental and consumer standards and protections as part of its negotiations for the future relationship with the EU.
New clause 30—Maintaining the UK’s place in the Single Market and Customs Union—
“(1) It shall be an objective of the Government to maintain the United Kingdom’s status within the Single Market and Customs Union of the European Union within the framework of the future relationship between the United Kingdom and European Union.
(2) A Minister of the Crown shall lay before each House of Parliament a progress report on the objective in subsection (1) within 4 months of this Act being passed, and subsequently at intervals of no more than 2 months.”
This new clause would require the UK Government to seek to keep the UK in the Single Market and the Customs Union as part of its negotiations for the future relationship with the EU.
New clause 31—UK participation in the European medicines regulatory network—
“(1) It shall be the objective of an appropriate authority to take all necessary steps to implement an international trade agreement which enables the UK to fully participate after exit day in the European medicines regulatory network partnership between the European Union, European Economic Area and the European Medicines Agency.
(2) ‘Exit day’ shall have the meaning set out in section 20 of the European Union (Withdrawal) Act 2018.
(3) A Minister of the Crown shall lay before each House of Parliament a progress report on the objective in subsection (1) within 4 months of this Act being passed, and subsequently at intervals of no more than 2 months.”
This new clause would require the UK Government to seek to maintain participation in the European medicines regulatory network as part of its negotiations for the future relationship with the EU.
New clause 32—Maintaining the UK’s membership of Euratom—
“(1) It shall be an objective of the Government to maintain the United Kingdom’s membership of the European Atomic Energy Community within the framework of the future relationship between the United Kingdom and European Union.
(2) A Minister of the Crown shall lay before each House of Parliament a progress report on the objective in subsection (1) within 4 months of this Act being passed, and subsequently at intervals of no more than 2 months.”.
This new clause would require the UK Government to seek to maintain the UK’s membership of Euratom as part of its negotiations for the future relationship with the EU.
New clause 35—Implementation period negotiating objectives: security partnership—
“(1) It shall be an objective of the Government to secure an agreement within the framework of the future relationship of the UK and EU to secure agreements that achieve the following outcomes—
(a) continued UK participation in the European Arrest Warrant,
(b) continued UK membership if Europol and Eurojust, and
(c) continued direct access for UK agencies to the following EU data-sharing tools—
(i) the Second Generation Schengen Information System (SIS II),
(ii) the European Criminal Records Information System (ECRIS),
(iii) the Prüm Decisions,
(iv) Passenger Name Record (PNR), and
(v) the Europol Information System (EIS).
(2) A Minister of the Crown shall lay before each House of Parliament a progress report on each of the outcomes listed in subsection (1) (a) to (c) within 4 months of this Act being passed, and subsequently at intervals of no more than 2 months.”
This new clause would require the UK Government to seek a comprehensive security partnership as part of its negotiations for the future relationship with the EU.
New clause 38—Independent review of the impact of withdrawal—
“(1) The Secretary of State must arrange for an independent review of the impact of the United Kingdom’s withdrawal from the EU in relation to each of the following periods—
(a) the initial one-year period, and
(b) each subsequent three-year period.
(2) A review must be completed as soon as practicable after the end of the period to which the review relates.
(3) The review must consider the impact of the United Kingdom’s withdrawal from the EU on—
(a) the economy of the United Kingdom,
(b) national security,
(c) climate change and the environment,
(d) human rights, and
(e) social and economic rights.
(4) As soon as practicable after a person has carried out a review in relation to a particular period, the person must—
(a) produce a report of the outcome of the review, and
(b) send a copy of the report to the Secretary of State.
(5) The Secretary of State must lay before each House of Parliament a copy of each report sent under subsection (4)(b).
(6) The Secretary of State may—
(a) make such payments as the Secretary of State thinks appropriate in connection with the carrying out of a review, and
(b) make such other arrangements as the Secretary of State thinks appropriate in connection with the carrying out of a review (including arrangements for the provision of staff, other resources and facilities).
(7) In this section—
“initial one-year period” means the period of one year beginning on the day following exit day as defined in section 20(1) of the European Union (Withdrawal) Act 2018;
“subsequent three-year period” means a period of three years beginning with the first day after the most recent of—
(a) the initial one-year period, or
(b) the most recent subsequent three-year period.”
This new clause would require the Government to publish regular independent reports on the impact of Brexit.
New clause 45—NHS protection and devolved legislatures—
“(1) Any provision relating to the National Health Service within a trade deal shall not be made without consultation with, and only after publication of a legislative consent memorandum from, each of the relevant devolved legislatures.
(2) For purposes of this Part, ‘relevant devolved legislatures’ means—
(a) the Northern Ireland Assembly,
(b) Scottish Parliament, and
(c) the National Assembly for Wales.”
This new clause requires each devolved legislature to give legislative consent to any trade deal affecting the National Health Service.
New clause 46—Impact assessment—
‘(none) The Government must publish undertake equality, environmental and economic impact assessments, by each region of the United Kingdom, on any proposed future relationship or Free Trade Agreement, before initiating legislation to implement any such proposed future relationship or Free Trade Agreement.”
This new clause requires the publication of regional equality, environmental and economic impact assessments of any proposed future relationship or Free Trade Agreement.
New clause 48—Maintaining the UK’s membership of Horizon 2020 and future Horizon programmes—
‘(none) It shall be an objective of the Government to maintain the United Kingdom’s membership of Horizon 2020 and its successor programmes within the framework of the future relationship between the United Kingdom and European Union.”
This new clause would require the Government to seek to negotiate continuing full membership of the EU’s Horizon 2020 research programme and its successor programmes, such as Horizon Europe.
New clause 49—UK citizens resident in the EU: protection of rights—
“(1) The Secretary of State must make arrangements to preserve, as far as is possible, the United Kingdom’s obligations under EU law to British citizens who are resident in any EEA country, or in Switzerland, on the day before IP completion day.
(2) The arrangements in subsection (1) must include—
(a) arrangements for people in receipt of a United Kingdom state retirement pension to continue receiving that pension under the same uprating and other arrangements as apply on the day on which this Act is passed, for the rest of their lifetimes as long as they remain resident in any other EEA country, or in Switzerland,
(b) arrangements for British citizens to continue receiving the same level of publicly-provided healthcare as they do currently as EU citizens.
(3) The duty in subsection (1) applies whether or not the United Kingdom reaches any relevant reciprocal arrangements with other EEA member states, or with Switzerland.”
This new clause requires the Government to take steps to preserve the rights of UK citizens living in the EU, including continuing to uprate UK state pensions for Britons living in the EU and paying for publicly-provided healthcare.
New clause 50—EU Charter of Fundamental Rights impact assessment—
“A Minister of the Crown must, on or before 30 June 2020, publish a comprehensive impact assessment of the effect of removing the EU Charter of Fundamental Rights from domestic law.”
This new clause would provide that the UK Government commits to conducting and publishing an impact assessment of the effect of removal of the EU Charter of Fundamental Rights (by virtue of section 5(4) of the EU (Withdrawal) Act 2018).
New clause 51—Protection for workers’ rights—
“(1) After section 18 of the European Union (Withdrawal) Act 2018 (customs arrangement as part of the framework for the future relationship) insert—
‘18A Protection for workers’ rights
(1) Part 1 of Schedule 5A (which requires statements of non-regression in relation to workers’ retained EU rights) has effect.
(2) Part 2 of Schedule 5A (which provides for reporting requirements and parliamentary oversight in relation to new EU workers’ rights) has effect.
(3) Part 3 of Schedule 5A (which contains interpretative provision) has effect.’
(2) After Schedule 5 to the European Union (Withdrawal) Act 2018 (publication and rules of evidence) insert the Schedule 5A set out in Schedule (Protection for workers’ rights) to this Act.”
This new clause reinstates what was Clause 34 and Schedule 4 of the EU Withdrawal Agreement Bill (Bill 7) in the October-December 2019 Session and provides additional procedural protections for workers rights that currently form part of EU law, but which would not be protected against modification, repeal or revocation in domestic law once the transition or implementation period has ended.
New clause 59—Representation in the European Parliament—
“(1) It must be a negotiating objective of the United Kingdom Government to seek to secure ongoing and formal representation in the European Parliament, at not less than observer status, for the devolved nations and regions of the UK.
(2) Once secured, this representation shall be determined and co-ordinated by each devolved administration.”
New schedule 1—Protection for workers’ rights Protection for workers’ rights—
“Protection for workers’ rights
The Schedule 5A to be inserted after Schedule 5 to the European Union (Withdrawal) Act 2018 is as follows:
‘Schedule 5A
Protection for workers’ rights
Part 1
Workers’ retained EU rights
Acts of Parliament: statements of non-regression
1 (1) A Minister of the Crown in charge of a relevant Bill in either House of Parliament must, before Second Reading of the Bill—
(a) make a statement to the effect that in the Minister’s view the provisions of the Bill will not result in the law of the relevant part or parts of the United Kingdom failing to confer any workers’ retained EU right (a “statement of non-regression”), or
(b) make a statement to the effect that although the Minister is unable to make a statement of non-regression Her Majesty’s Government nevertheless wishes the House to proceed with the Bill.
(2) The statement must be in writing and be published in such manner as the Minister making it considers appropriate.
(3) Before making a statement under sub-paragraph (1)(a) or (b) in relation to a Bill, a Minister of the Crown must consult—
(a) persons representative of workers,
(b) persons representative of employers, and
(c) any other persons whom the Minister considers it appropriate to consult.
(4) But that duty does not apply to a statement made in relation to a Bill if—
(a) it is not practicable for the consultation to take place in relation to the statement by reason of urgency, or
(b) the statement is being made before Second Reading of the Bill in the second House of Parliament and the Bill was not amended in the first House of Parliament.
(5) In this paragraph—
“first House of Parliament”, in relation to a Bill, means the House of Parliament in which the Bill is first introduced;
“relevant Bill” means a Bill which contains provision that—
(a) extends to England and Wales or Scotland (or both), and
(b) relates to any of the workers’ retained EU rights;
“relevant part of the United Kingdom”, in relation to a Bill, means—
(a) England and Wales, if the Bill extends there;
(b) Scotland, if the Bill extends there;
“second House of Parliament”, in relation to a Bill, means the House of Parliament to which the Bill moves after completing its passage through the first House of Parliament.
Part 2
New EU workers’ rights
Reports on new EU workers’ rights
2 (1) As soon as practicable after the end of each reporting period, the Secretary of State must—
(a) produce a report under sub-paragraph (2) or (3) relating to that period (“the relevant reporting period”),
(b) publish the report in such manner as the Secretary of State considers appropriate, and
(c) lay copies of the report before Parliament.
(2) A report under this sub-paragraph is one that contains a statement that no new EU workers’ rights have been published by the EU during the relevant reporting period.
(3) A report under this sub-paragraph is one that contains—
(a) a statement that one or more new EU workers’ rights have been published by the EU during the relevant reporting period, and
(b) as respects each new EU workers’ right published during that period, either—
(i) a statement to the effect that in the Secretary of State’s view the law of England and Wales and Scotland confers a workers’ right of the same kind as the new EU workers’ right (a “statement of non-divergence”), or
(ii) a statement to the effect that the Secretary of State is unable to make a statement of non-divergence.
(4) If a report under sub-paragraph (3) contains a statement under sub-paragraph (3)(b)(ii) as respects a new EU workers’ right, the report must also contain—
(a) a statement of whether or not Her Majesty’s Government intends to take any action in respect of the new EU workers’ right, and
(b) if it does, a statement describing the action which it is intending to take.
(5) In relation to each report under sub-paragraph (3), a Minister of the Crown must make arrangements for—
(a) a motion, to the effect that the House of Commons has approved the report, to be moved in that House by a Minister of the Crown within the period of 28 Commons sitting days beginning with the day on which a copy of the report is laid before that House, and
(b) a motion for the House of Lords to approve the report to be moved in that House by a Minister of the Crown within the period of 28 Lords sitting days beginning with the day on which a copy of the report is laid before that House.
(6) When producing a report under sub-paragraph (3), the Secretary of State must consult—
(a) persons representative of workers,
(b) persons representative of employers, and
(c) any other persons whom the Secretary of State considers it appropriate to consult.
(7) In this paragraph “reporting period” means—
(a) the period that—
(i) begins with IP completion day, and
(ii) ends with the day which falls six months after the day on which IP completion day falls;
(b) subsequently, each period that—
(i) begins with the day (the “start day”) that comes immediately after the end of the preceding reporting period, and
(ii) ends with the end day.
(8) The “end day” for that purpose is decided as follows—
(a) if any new EU workers’ rights are published by the EU during the period of six months beginning with the start day, the end day is the day which falls six months after—
(i) the day on which those rights are published by the EU, or
(ii) if they are published by the EU on different days, the earliest of those days;
(b) if no new EU workers’ rights are published by the EU during the period of six months beginning with the start day, the end day is the day which falls twelve months after the start day.
(9) A reference in this paragraph to a new EU workers’ right being published by the EU is a reference to the EU directive or EU regulation which provides for its conferral being published in the Official Journal of the European Union.
Part 3
Interpretation
Interpretation
3 (1) In this Schedule—
“new EU workers’ rights” means any workers’ rights—
(a) which member States are obliged to confer by an EU directive published in the Official Journal of the European Union on or after IP completion day, or
(b) that are conferred by an EU regulation published in the Official Journal of the European Union on or after IP completion day;
“workers’ retained EU rights” means workers’ rights of the kinds which—
(a) immediately before IP completion day, the United Kingdom was obliged to confer by virtue of the EU directives listed in the table in paragraph 4, and
(b) on IP completion day, continued to have effect (by virtue of this Act and as modified by any provision made by or under this Act or otherwise) in the law of England and Wales or Scotland;
“workers’ rights” means rights of individuals, and classes of individuals, in the area of labour protection as regards—
(a) fundamental rights at work,
(b) fair working conditions and employment standards,
(c) information and consultation rights at company level,
(d) restructuring of undertakings, and
(e) health and safety at work.
(2) The reference in the definition of “workers’ retained EU rights” to rights which continued to have effect by virtue of this Act includes a reference to rights which form part of retained EU law by virtue of section 2 but which would have continued to have effect irrespective of that section.
(3) References in this Schedule to rights being of the same kind as new EU workers’ rights are to be read as references to rights being of the same kind so far as that is consistent with the United Kingdom’s domestic legal order following its withdrawal from the EU.
(4) For the purposes of this Schedule a right under the law of England and Wales or Scotland is conferred whether or not it is in force.
4 (1) The table referred to in the definition of “workers’ retained EU rights” is as follows:
(2) The Secretary of State may, by regulations, make such modifications of the list of EU directives in that table as the Secretary of State considers appropriate in consequence of any changes before IP completion day in EU directives relating to workers’ rights.
(3) No regulations may be made under sub-paragraph (2) after the end of the period of one year beginning with IP completion day.”
Nick Thomas-Symonds
As this is my first appearance at the Dispatch Box this year, I would like to thank my constituents for re-electing me and send all hon. and right hon. Members my very best wishes for 2020.
I draw attention to my relevant entries in the Register of Members’ Financial Interests regarding my support from trade unions.
We fully accept that, following the general election, we will be leaving the European Union on 31 January, but winning a mandate for that exit, as the Government have, does not give Ministers a free pass to avoid any scrutiny. The Government should be held to account between elections as well as at elections, and that is what the Opposition propose to do. We will continue to make the case in the post-Brexit United Kingdom for jobs and livelihoods, for environmental safeguards, for consumer protections and for employment rights, as we have over recent years.
New clause 2 is about protecting vital workers’ rights, and subsection (1)(a) would ensure that the Government cannot introduce measures that would, in any way, have the effect of reducing the protections provided on the day the transition period ends. We believe this must go further.
Subsection (1)(b) confirms that the Government, after our exit from the EU, will ensure that workers’ rights in the United Kingdom are, as a minimum, at the level they are in other EU member states. We also insist that the Government are held to account in Parliament on those objectives. The Government must never be allowed to sell out the workers of this country, and we will not let them off the hook. We will stand with those to whom this Government and the Prime Minister have made promises.