European Union (Withdrawal Agreement) Bill

Roger Gale Excerpts

2nd reading & 2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons & Ways and Means resolution: House of Commons & Money resolution & Programme motion & Ways and Means resolution
Friday 20th December 2019 Commons Chamber

[Several hon. Members rose—]

[Mr Deputy Speaker (Sir Roger Gale)]

Order. Before we proceed, I remind the House that Mr Speaker has sought to impose a voluntary six-minute time limit.

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[Sir William Cash]

And by the former Minister as well. We were overridden by Europe. This Parliament was treated with contempt. The regulation was imposed despite the fact that we were completely against it.

The other important clause relates to parliamentary sovereignty. I am glad to note that the wording in that clause is identical in certain respects to that which I put forward in June 1986. Perhaps this long journey has been proved to be worthwhile.

I congratulate the Prime Minister on what he has achieved, and, above all else, I congratulate the voters of this country, particularly those in former Labour seats, for their decision. I was brought up in Sheffield and saw the destruction of the steel industry and the destruction of the coal industry. [Interruption.] No, it was done—[Interruption.] Look, I will not take any lessons from the hon. Member for Sheffield Central (Paul Blomfield). I voted against the closure of the coal pits. I was one of the very few people—[Interruption.] I am just telling you that it was the European coal and steel community that was at the root of the problem. As vice-chair of the coal communities all-party group, I can tell you that I worked with Labour Members of Parliament on these issues.

[Mr Deputy Speaker (Sir Roger Gale)]

Order. The hon. Gentleman is a very experienced parliamentarian. He knows that he should address the Chair, and not individual Members and, while I am on my feet, I say to him that I am looking at the clock as well.

[Sir William Cash]

I am grateful for that comment, Mr Deputy Speaker, because I agree with it. I will only say, with every fibre of my being, that the European Union has done no good to this country. We run a massive deficit with it and a surplus with the rest of the world. By this Bill, when enacted, we will regain the right to govern ourselves. It is about democracy and trust, which is something so precious that people fought and died for it.

[Mr Deputy Speaker]

It is now a pleasure to invite the hon. Member for North Down (Stephen Farry) to make his maiden speech.

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[Several hon. Members rose—]

[Mr Deputy Speaker (Sir Roger Gale)]

Order. I remind the House that there are still some 20 Members waiting to be called, and we are trying to impose a self-denying ordinance of six minutes. I would be grateful if hon. Members stuck to that. That said, we do allow a degree of leeway for maiden speeches, and it is a pleasure to welcome the new Member for Stirling, Mr Alyn Smith.

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[Stephen Barclay]

My right hon. Friend is right. One has only to look at what our manifesto commits us to do once we have control of our taxes and at what the Government have already done to raise the amount people can earn before they pay tax. We believe in backing those who wish to work and provide for their families, and our tax system will do exactly that.

Along with the terms of our withdrawal, the Bill reflects the political declaration, which sets out the framework for our future relationship. Now we need to get on with negotiating on this basis so we can agree our future relationship by the end of the implementation period on 31 December 2020. The shadow Brexit Secretary referenced clause 33. That clause reinforces the Government’s commitment in their manifesto not to extend this period. Part 5 of the political declaration is clear: we are committed to developing in good faith agreements that give effect to our future relationship, the cornerstone of which is a comprehensive free trade agreement by the end of 2020.

The shadow Brexit Secretary said that clause 33 was ridiculous. It is not ridiculous to act on manifesto commitments that we have given to the electorate. It is not ridiculous when the EU itself, in the political declaration, has agreed to the timetable of the end of December 2020. If that is the central concern of Opposition Members, it would have been better reflected in talks on previous deals, when the Labour party raised many other objections that underlined the fact that it simply did not want Brexit delivered at all.

We now have a deal that reflects both the referendum—the single largest democratic exercise in British history—and the defining issue of the general election. It is time to end the delay, to come together and heal our divisions and, above all, to listen to the people we serve. The British public have given their instruction. This Bill delivers Brexit. I commend it to the House.

Question put, That the Bill be now read a Second time.

The House proceeded to a Division.

[Mr Deputy Speaker (Sir Roger Gale)]

I ask the Serjeant at Arms to investigate the delay in the Aye Lobby.

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Question agreed to.

[Mr Deputy Speaker (Sir Roger Gale)]

This is probably strictly out of order, but I suspect that hon. Members will be leaving in a few moments. May I, on behalf of Mr Speaker, wish all hon. Members, on both sides of the House, a happy Christmas and a very peaceful new year?

European Union (Withdrawal Agreement) Bill

Roger Gale Excerpts

Committee stage & Committee: 1st sitting: House of Commons & Committee: 1st sitting
Tuesday 7th January 2020 Commons Chamber

Sir Roger Gale in the Chair

[The Chairman of Ways and Means (Sir Roger Gale)]

Good afternoon, ladies and gentlemen. As this is the first Committee of the whole House of a new Parliament, it might be of benefit to those who are not entirely familiar with the arcane process, and indeed to those who thought they were but are not, if I seek to explain how this proceeds.

You will find on the Order Paper that the amendments are grouped and that helpfully they are grouped not in sequence but by subject. The Chair will try to confine the debate to the subject matter, without being too rigorous in exercising control. Ordinarily, the groups will form the basis of a debate, the first part of which I will introduce and to which the Secretary of State or Minister will then respond. Exceptionally, because this is the first day of a two-day debate to which a plethora of amendments has been tabled, I have deemed it helpful to invite the Secretary of State to open the debate to set out the stall, and on that basis, of course, if the Opposition Front-Bench spokesperson wishes to come in immediately following that, that would also be entirely acceptable.

I have one final point to make. Mr Speaker has decided that, although any Member has a right to speak in this House, it is not desirable for new Members to make maiden speeches during the Committee. He has decided this for two reasons: first, it will simply delay the process, and, secondly—and much more importantly, from the point of view of those new Members—inevitably their freedom of movement to describe their constituencies as the second garden of Eden will be limited. I am advised that there will be an opportunity to participate first on Third Reading on Thursday, when the Speaker will be in the Chair, and then subsequently during the remaining debate on the Queen’s Speech. I hope that is all clear and helpful. With that in mind, we will move to the first group of amendments.

Clause 1

Saving of ECA for implementation period

Question proposed, That the clause stand part of the Bill.

[The Chairman]

With this it will be convenient to discuss the following:

Clauses 2 to 6 stand part.

New clause 4—Extension of the implementation period—

“After section 15 of the European Union (Withdrawal) Act 2018 (publication of and rules of evidence) insert—

‘15A Extension of the implementation period

(1) A Minister of the Crown must seek to secure agreement in the Joint Committee to a single decision to extend the implementation period by two years, in accordance with Article 132 of the Withdrawal Agreement unless one or more condition in subsection (2) is met.

(2) Those conditions are—

(a) it is before 15 June 2020;

(b) an agreement on the future trade relationship has been concluded;

(c) the House of Commons has passed a motion in the form set out in subsection (3) and the House of Lords has considered a motion to take note of the Government’s intention not to request an extension.

(3) The form of the motion mentioned in subsection (2)(c) is “That this House approves of the Government’s decision not to apply for an extension to the period for implementing the agreement between the United Kingdom and the EU under Article 50(2) of the Treaty on European Union which sets out the arrangements for the United Kingdom’s withdrawal from the EU”.

(4) If the Joint Committee does not agree the extension specified in subsection (1) but EU representatives on the Joint Committee indicate that they would agree an extension for a shorter period, a Minister of the Crown must move a motion in the House of Commons to agree the shorter period proposed, and if that motion is agreed, a Minister of the Crown must agree that shorter extension in the Joint Committee.

(5) Any Minister of the Crown who attends the Joint Committee may seek agreement to terminate the implementation period if a final agreement on the future trade relationship is ratified before the end of the implementation period.’”

This new clause would restore the role for Parliament in deciding whether to extend transition to avoid a WTO Brexit.

New clause 36—Extension of implementation period—

“After section 15 of the European Union (Withdrawal) Act 2018 (publication and rules of evidence) insert—

‘15A Extension of implementation period

(1) If by 1 June 2020, agreements on both of the matters specified in subsection (2) have not been concluded, any Minister of the Crown who attends the Joint Committee must seek to secure agreement in the Joint Committee to a single decision to extend the implementation period by two years, in accordance with Article 132 of the Withdrawal Agreement.

(2) The specified matters for the purposes of subsection (1) are—

(a) the future trade relationship between the United Kingdom and the EU.

(b) a security partnership including law enforcement and judicial cooperation in criminal matters.

(3) If the Joint Committee does not agree the extension specified in subsection (1) but EU representatives on the Joint Committee indicate that they would agree an extension for a shorter period, a Minister of the Crown must move a motion in the House of Commons to agree the shorter period proposed, and if that motion is agreed, a Minister of the Crown must agree that shorter extension in the Joint Committee.

(4) Any Minister of the Crown who attends the Joint Committee may seek agreement to terminate the implementation period if final agreements on both of the matters specified in subsection (2) are ratified before the end of the implementation period.’”

This new clause would require the UK Government to seek an extension to the implementation period if agreements on trade and security have not been completed by 1 June 2020.

Clause 33 stand part.

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[Steve Barclay]

I have set this out very clearly. The right hon. Gentleman will have studied the Bill—he always does—and will know exactly what is in clause 33, which is a commitment to stick to the timetable set out for the implementation period, which we committed to in our manifesto. I would hope that he, as a democrat, would want a Government to adhere to their manifesto.

The reality is that, on 12 December, the British public voted in overwhelming numbers to get Brexit done by 31 January and to conclude the implementation period by December 2020, so that we can look forward to a bright future as an independent nation. Page 5 of our manifesto explicitly states that we will negotiate a trade agreement by next year—one that will strengthen our union—and that we will not extend the implementation period beyond December 2020. We are delivering on these promises that the British people have entrusted us to deliver, and the Opposition are interested only in further delay and disruption. I urge Labour and the Liberal Democrats not to press new clauses 4 and 36.

I look forward to hearing from Members across the House as we take the Bill through Committee. This Government are committed to delivering Brexit, and this Bill will enable us to do so.

[The Chairman of Ways and Means (Sir Roger Gale)]

Order. I should probably have indicated for the benefit of new Members, and will indicate now, that clause 33 will not be decided today. Although it is grouped with these amendments, it will be taken as a Committee of the Whole House decision tomorrow and may or may not be divided on. To make that clear, it will not be that we have forgotten it.

[Paul Blomfield (Sheffield Central) (Lab)]

Thank you very much, Sir Roger. It is a pleasure to rise to speak to new clause 4 primarily and to have the opportunity to correct the misrepresentation by the Secretary of State of our objectives in tabling it. It is also a pleasure to do so with you in the Chair, Sir Roger. I want to take this opportunity to thank you and indeed all the Clerks for the work that has been done to ensure that we are able to debate the issues in the Bill today. Much of that work was done over the recess when other people were enjoying the break.

I have to say how much we regret that the Government have provided so little time to debate a considerable number of amendments, all tabled because they will have profound consequences for our country for generations to come. Our proposals over the next two days echo the concerns expressed in the previous Parliament and reflect the approach that has guided us as an Opposition over the past four difficult and divisive years.

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[Jim Shannon (Strangford) (DUP)]

I am very respectful of the hon. Lady’s position and the position of others in this House. However, when she refers to coming together, does she understand that we on the Unionist side of the House feel greatly threatened and disadvantaged by the agreement? What is being done to alleviate the concern of Unionists in this House about an agreement that basically puts us outside of the rest of the United Kingdom and under the control of the EU? How can that be right? Does the hon. Lady respect and understand—

[The Chairman of Ways and Means (Sir Roger Gale)]

Order. I think this is the moment when the Chair has to intervene just a little. I have given a lot of slack during the course of the afternoon. The hon. Gentleman is fully aware that a greater part of tomorrow will be devoted to matters relating to Northern Ireland and I do not wish to stray too far into matters that will be debated tomorrow. We have a minimum of four hours to debate a lot of clauses later this evening. If the hon. Lady is able to win some time for the House, and if other hon. Members are able to do so, we might manage to spend more time debating issues that I suspect a lot of people wish to discuss.

[Rachel Maclean]

Thank you for guidance, Sir Roger. I will adhere to it and conclude my remarks by saying that I thoroughly support the Government. I support clause 33, which has to be in the Bill. It is an excellent Bill and I look forward to it passing tonight.

European Union (Withdrawal Agreement) Bill

Roger Gale Excerpts

Committee stage & Committee: 2nd sitting: House of Commons & Committee: 2nd sitting
Wednesday 8th January 2020 Commons Chamber

[Sir Roger Gale in the Chair]

[The Chairman of Ways and Means (Sir Roger Gale)]

Good afternoon, ladies and gentlemen. We now embark on the second day of scrutiny of the withdrawal agreement Bill by a Committee of the whole House. I again gently remind hon. Members that Mr Speaker has determined that this is not a suitable vehicle for maiden speeches. Any colleagues wishing to make a maiden speech should consult the Table Office, which they will find most helpful.

Clause 18

Main power in connection with other separation issues

[Joanna Cherry (Edinburgh South West) (SNP)]

I beg to move amendment 38, page 20, line 10, leave out “appropriate” and insert “necessary”.

This amendment would ensure that Ministers can only bring forward regulations when it is necessary to do so.

[The Chairman]

With this it will be convenient to discuss the following:

Amendment 39, page 20, line 18, leave out “appropriate” and insert “necessary”.

This amendment would ensure that Ministers can only bring forward regulations when it is necessary to do so.

Amendment 47, page 20, leave out lines 25 and 26.

Removing this subsection prevents Ministers from using secondary legislation to amend primary legislation in order to implement the withdrawal agreement.

Clause 18 stand part.

Amendment 40, in clause 19, page 21, line 15, leave out “appropriate” and insert “necessary”.

This amendment would ensure that Ministers can only bring forward regulations when it is necessary to do so.

Amendment 41, page 21, line 25, leave out “appropriate” and insert “necessary”.

This amendment would ensure that Ministers can only bring forward regulations when it is necessary to do so.

Amendment 42, page 21, line 34, leave out “appropriate” and insert “necessary”.

This amendment would ensure that Ministers can only bring forward regulations when it is necessary to do so.

Amendment 43, page 21, line 44, leave out “appropriate” and insert “necessary”.

This amendment would ensure that Ministers can only bring forward regulations when it is necessary to do so.

Clause 19 stand part.

Amendment 24, in clause 20, page 24, line 2, at end insert—

“(1A) The payment from the Consolidated Fund or the National Loans Fund to the EU or an EU entity of each sum under section (1) which results from the imposition of any penalty shall be subject to approval by resolution of the House of Commons.”

This amendment is intended to require parliamentary approval for the payment of any fines or penalty under the withdrawal agreement.

Clause 20 stand part.

Amendment 44, in clause 21, page 24, line 37, leave out “appropriate” and insert “necessary”.

This amendment would ensure that Ministers can only bring forward regulations when it is necessary to do so.

Amendment 1, page 25, leave out lines 1 and 2 and insert—

“(2) A Minister of the Crown must, on or before 30 June 2020, publish a comprehensive economic impact assessment of the effect of the Ireland/Northern Ireland Protocol and regulations made under subsection (1) on—

(a) the UK’s Internal Market and the access of Northern Ireland goods to Great Britain and Great British goods to Northern Ireland;

(b) the Northern Ireland economy, including levels of imports and exports;

(c) fiscal and regulatory compliance of goods travelling from NI to GB and from GB to NI; and

(d) barriers to entry for third-country goods entering NI and GB from Ireland, the rest of the EU and third countries.

(2A) The Secretary of State must make arrangements for—

(a) a copy of each report published under subsection (2) to be laid before each House of Parliament, and conveyed to the Presiding Officer of each devolved legislature, by the end of the day on which it is published;

(b) a motion in neutral terms, to the effect that the House of Commons has considered the report, to be moved in the House of Commons by a Minister of the Crown; and

(c) a motion for the House of Lords to take note of the report to be tabled in the House of Lords and moved by a Minister of the Crown.

(2B) The motions required under subsections (2A)(b) and (c) must be moved in the relevant House by a Minister of the Crown within the period of five calendar days beginning with the end of the day on which the report is laid before Parliament.

(2C) The Secretary of State shall make a further report under subsection (2) on or before 31 October 2020 and at least every 12 months thereafter.”

This amendment would require the Government to deliver full transparency on the implications of the Ireland/Northern Ireland Protocol including barriers to trade between Great Britain and Northern Ireland.

Amendment 48, page 25, line 2, leave out “(including modifying this Act).”

This amendment would prevent Ministers making regulations under this section to modify the European Union (Withdrawal) Act 2018.

Amendment 33, page 25, line 2, at end insert “except repealing section 7A.”

This amendment would remove the uncertainty as to whether Ministers could amend or repeal the proposed new section 7A of the European Union (Withdrawal) Act 2018.

Amendment 50, page 25, line 3, leave out “may” and insert “must”.

In conjunction with Amendment 12, this would require the Government to ensure unfettered access for Northern Ireland goods to the GB market when it makes regulations implementing the Protocol.

Amendment 12, page 25, line 4, after first “the” insert “unfettered”.

This amendment would require regulations to facilitate unfettered access of qualifying Northern Ireland goods to the market within Great Britain.

Amendment 13, page 25, line 16, at end insert—

“(6A) Regulations under subsection (1) must include provision to prevent any direct or indirect commercial discrimination that may arise to the detriment of businesses (including farms) in Northern Ireland as a result of the Ireland/Northern Ireland Protocol.”

This amendment is intended to prevent direct or indirect commercial discrimination against Northern Ireland products.

Amendment 14, page 25, line 16, at end insert—

“(6B) Regulations under subsection (1) must include provision to prevent non-tariff barriers being imposed in Great Britain to exclude Northern Ireland products except to the extent strictly required by the Ireland/Northern Ireland Protocol as long as it remains in force.”

This amendment is intended to prevent a ‘not available in / do not ship to NI’ approach where no sound competitive reasoning is supplied, in order to protect Northern Ireland consumers and businesses.

Amendment 15, page 25, line 16, at end insert—

“(6C) Regulations under subsection (1) must include provision to prevent the exclusion of Northern Ireland produce or products from British marketing campaigns or assurance, trade and labelling schemes.”

This amendment is intended to prevent Northern Ireland products being excluded from ‘Red Tractor’ or ‘Buy British’ marketing schemes.

Amendment 10, page 25, line 27, at end insert—

“(8) But regulations under this section may not—

(a) impose or increase taxation or fees,

(b) make retrospective provision,

(c) create a relevant criminal offence,

(d) establish a public authority,

(e) amend, repeal or revoke the Human Rights Act 1998 or any subordinate legislation made under it, or

(f) amend or repeal the Scotland Act 1998, the Government of Wales Act 2006 or the Northern Ireland Act 1998.”

This amendment would apply the usual restrictions on Ministers’ delegated power to make regulations under the Government’s proposed new section 8C of the European Union (Withdrawal) Act 2018.

Clause 21 stand part.

Amendment 45, in clause 22, page 25, line 37, leave out “appropriate” and insert “necessary”.

This amendment would ensure that Ministers can only bring forward regulations when it is necessary to do so.

Amendment 46, page 26, line 3, leave out “appropriate” and insert “necessary”.

This amendment would ensure that Ministers can only bring forward regulations when it is necessary to do so.

Amendment 51, page 26, line 13, leave out “may” and insert “must”.

In conjunction with Amendment 16, this would require devolved authorities to ensure unfettered access for Northern Ireland goods to the GB market when making regulations implementing the Protocol.

Amendment 16, page 26, line 14, after first “the” insert “unfettered”.

This amendment would require regulations to facilitate unfettered access of qualifying Northern Ireland goods to the market within Great Britain.

Amendment 17, page 26, line 25, at end insert—

“(6A) Regulations under sub-paragraph (1) must include provision to prevent any direct or indirect commercial discrimination that may arise to the detriment of businesses (including farms) in Northern Ireland as a result of the Ireland/Northern Ireland Protocol.”

This amendment is intended to prevent direct or indirect commercial discrimination against Northern Ireland products.

Amendment 18, page 26, line 25, at end insert—

“(6B) Regulations under sub-paragraph (1) must include provision to prevent non-tariff barriers being imposed in Great Britain to exclude Northern Ireland products except to the extent strictly required by the Ireland/Northern Ireland Protocol as long as it remains in force.”

This amendment is intended to prevent a ‘not available in / do not ship to NI’ approach where no sound competitive reasoning is supplied, in order to protect Northern Ireland consumers and businesses.

Amendment 19, page 26, line 25, at end insert—

“(6C) Regulations under sub-paragraph (1) must include provision to prevent the exclusion of Northern Ireland produce or products from British marketing campaigns or assurance, trade and labelling schemes.”

This amendment is intended to prevent Northern Ireland products being excluded from ‘Red Tractor’ or ‘Buy British’ marketing schemes.

Clause 22 stand part.

Amendment 34, in clause 23, page 28, line 3, at end insert—

“(2) For the avoidance of doubt and without prejudice to the generality of Schedule 3, the reference in Section 7A of the European Union (Withdrawal) Act 2018 (other directly applicable or directly effective aspects of the withdrawal agreement) to rights, powers, liabilities, obligations, restrictions that as in accordance with the withdrawal agreement are without further enactment to be given legal effect or used in the United Kingdom, includes Article 2(1) of the Protocol on Ireland/Northern Ireland of the withdrawal agreement.”

This amendment would ensure that any person may rely directly on Article 2(1) of the Protocol on Ireland/Northern Ireland before any courts in the United Kingdom against all public bodies, including UK Ministers, and private bodies, such as employers.

Clause 23 stand part.

Amendment 32, in schedule 3, page 61, line 17, at end insert—

“4A After section 69D insert—

‘69E Notice to be given to Commission

(1) A court or tribunal shall order notice of any issue which affects law or practice relating to the protection of human rights in any proceedings before it to be given to the Northern Ireland Human Rights Commission (unless the Commission is a party to the proceedings).

(2) Where notice is given to the Commission under subsection (1), the court or tribunal shall—

(a) annex a copy of the writ, originating summons or other process by which the proceedings were begun; and

(b) on request from the Commission, provide it with a copy of the pleadings and any decision of the court.

(3) For the purposes of this section, “decision” shall include reasons for a decision; an award of compensation or a determination that one party is required to pay a sum to another; the amount of any relevant compensation or payment; or any order for costs, allowances, preparation time or wasted costs.’”

This amendment would ensure the Northern Ireland Human Rights Commission is notified of cases relevant to the exercise of its functions under section 69 of the Northern Ireland Act 1998, similar to devolution notices provided to the Attorney General; and to ensure coherence with exercise of functions under the new dedicated mechanism provisions.

Amendment 30, page 63, line 39, at end insert—

“(3) A court or tribunal shall order notice of any issue which arises under Article 2(1) of the Protocol on Ireland/ Northern Ireland in the EU withdrawal agreement in any proceedings before it to be given to the Northern Ireland Human Rights Commission (unless the Commission is a party to the proceedings).

(4) Where notice is given to the Commission under subsection (3), the court or tribunal shall—

(a) annex a copy of the writ, originating summons or other process by which the proceedings were begun; and

(b) on request from the Commission, provide it with a copy of the pleadings and any decision of the court.

(5) For the purposes of this section, ‘decision’ shall include reasons for a decision; an award of compensation or a determination that one party is required to pay a sum to another; the amount of any relevant compensation or payment; or any order for costs, allowances, preparation time or wasted costs.”

This amendment would create a requirement for a court or tribunal to notify the Northern Ireland Human Rights Commission of cases relevant to the dedicated mechanism, similar to devolution issue notification already provided to the Attorney General. The proposal would result in an amendment to new section 78C of the Norther Ireland Act 1998.

Amendment 31, page 63, line 39, at end insert—

“(3) A court or tribunal shall order notice of any issue which arises under Article 2(1) of the Protocol on Ireland/ Northern Ireland in the EU withdrawal agreement in any proceedings before it to be given to the Equality Commission of Northern Ireland (unless the Commission is a party to the proceedings).

(4) Where notice is given to the Commission under subsection (3), the court or tribunal shall—

(a) annex a copy of the writ, originating summons or other process by which the proceedings were begun; and

(b) on request from the Commission, provide it with a copy of the pleadings and any decision of the court.

(5) For the purposes of this section, ‘decision’ shall include reasons for a decision; an award of compensation or a determination that one party is required to pay a sum to another; the amount of any relevant compensation or payment; or any order for costs, allowances, preparation time or wasted costs.”

This amendment would create a requirement for a court or tribunal to notify the Equality Commission of Northern Ireland of cases relevant to the dedicated mechanism, similar to devolution issue notification already provided to the Attorney General. The proposal would result in an amendment to new section 78C of the Northern Ireland Act 1998.

That schedule 3 be the Third schedule to the Bill.

Amendment 36, in clause 24, page 28, leave out line 15.

This amendment removes the bar on the Joint Committee recommending an alteration in the functions of an existing implementation body under the Belfast (Good Friday) Agreement.

Clauses 24 and 25 stand part.

Amendment 49, in clause 26, page 30, leave out lines 9 to 49 on page 30 and lines 1 to 15 on page 31.

This amendment would remove the power of Ministers to specify the circumstances in which lower courts within the domestic legal systems of the UK could depart from the rulings of the Court of Justice of the European Union after the transition or implementation period.

Clauses 26 to 36 stand part.

Amendment 29, in clause 37, page 37, line 2, leave out from “Europe),” to the end of line 19 and insert

“after subsection (1) insert—

‘(1A) In seeking to negotiate an agreement under subsection (1), it shall be an over-riding objective of the Minister of the Crown to secure outcomes which match as closely as possible those which applied before exit day under Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 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 (recast) in so far as they relate to an application for the UK to take charge of or take back an applicant who is an unaccompanied.’”

This amendment seeks to maintain the status quo for applications for international protection lodged by unaccompanied children who are third-country nationals or stateless persons.

Amendment 26, page 37, line 3, leave out from “Europe)” to the end of line 19 and insert

“the following amendments are made—

‘(a) After subsection (1) insert—

(1A) The Secretary of State must, before IP completion day, make provision to ensure that, after the United Kingdom’s withdrawal from the EU, an unaccompanied child who has made an application for international protection to a member State may, if it is in the child’s best interests, come to the United Kingdom to join a relative who—

(a) is a lawful resident of the United Kingdom, or

(b) has made a protection claim which has not been decided.”

(b) In subsection (2) after “(1)(a)(i)” insert “and (1A)(a)”.

(c) In subsection (3) after “(1)(a)(ii)” insert “and (1A)(b)”.’”

This amendment would require the UK Government to guarantee continued family reunion rights for unaccompanied child refugees, while retaining the requirement on the Government to negotiate an agreement with the EU that protects those rights.

Amendment 4, page 37, line 3, leave out from “Europe)” to the end of the Clause and insert

“after subsection (3) insert—

‘(3A) If, three months after this Act comes into force, no agreement achieving the objective contained in subsection (1) has been concluded with the European Union, a Minister of the Crown must make a statement to the House of Commons setting out—

(a) the steps taken by Her Majesty’s government, and the progress made in negotiations with the European Union, for the purpose of achieving the objective in subsection (1); and

(b) whether in the Minister’s opinion an agreement with the European Union achieving the objective of subsection (1) is likely to be achieved by IP completion day and, if not, setting out the reasons for this.

(3B) Following the making of the first Statement referred to in subsection (2), and until such time as an agreement satisfying the objective contained in subsection (1) is reached with the European Union, the Minister shall, at least as frequently as every 28 days thereafter, make further statements in accordance with sections (3A)(a) and (b).’”

This amendment would protect the right for unaccompanied child refugees to be reunited with their family after Brexit.

Amendment 28, page 37, leave out lines 5 to 19 and insert—

“(1) A Minister of the Crown must, within 3 months of this Act coming into force, make provision for take charge requests from unaccompanied minors.

(1A) Regulations made under subsection (1) must operate in such a way that the provisions of Regulation (EU) No 604/2013 as they relate to unaccompanied minors are effective in UK domestic law.

(1B) The Immigration, Nationality and Asylum (EU Exit) Regulations 2019 are amended by omitting subparagraph 3(h) in Part 2 of Schedule 1 to those Regulations.

(1C) In this section, “take charge requests” and “unaccompanied minor” have the same meaning as under Regulation (EU) No 604/2013.”

This amendment will ensure that the UK continues to accept take charge requests from unaccompanied minors.

Clause 37 stand part.

New clause 1—Parliamentary sovereignty over negotiations for the future relationship—

‘After section 13B of the European Union (Withdrawal) Act 2018 (certain dispute procedures under withdrawal agreement) (for which see section 30 above) insert—

“13C Negotiations for future relationship

(1) A Minister of the Crown must, before the end of the period of 30 Commons sitting days beginning with the day on which exit day falls, make a statement on objectives for the future relationship with the EU.

(2) A Minister of the Crown may, at any time after the initial statement is made, make a revised statement on objectives for the future relationship with the EU.

(3) A Minister of the Crown may not engage in negotiations on the future relationship with the EU unless—

(a) a statement on objectives for the future relationship with the EU has been approved by the House of Commons on a motion moved by a Minister of the Crown that can be amended by the House of Commons so as to change the objectives for the future relationship, and

(b) a motion for the House of Lords to take note of that statement has been moved in that House.

(4) Prior to the House of Commons’s consideration of a motion under subsection (3)(a), a Minister of the Crown must have consulted with each devolved administration on the negotiating mandate.

(5) In conducting negotiations on the future relationship with the EU, a Minister of the Crown must seek to achieve the objectives set out in the most recent statement on objectives for the future relationship with the EU to have been—

(a) approved by a resolution of the House of Commons on a motion moved by a Minister of the Crown, and

(b) the subject of a motion of the kind mentioned in subsection (3)(b).

(6) The Secretary of State must publish the negotiating text of a proposed future relationship agreement on the same day that they are shared with EU negotiators.

(7) After the end of each reporting period, a Minister of the Crown must—

(a) lay before each House of Parliament a report on the progress made, by the end of the period, in negotiations on the future relationship with the EU, including—

(i) the Minister’s assessment of the extent to which the outcome of those negotiations is likely to reflect the most recent statement on objectives for the future relationship with the EU to have been approved by the House of Commons, and the subject of a motion in the House of Lords, as mentioned in subsection (3), and

(ii) if the Minister’s assessment is that the future relationship with the EU is, in any respect, not likely to reflect that statement, an explanation of why that is so, and

(b) provide a copy of the report to the Presiding Officer of each of the devolved legislatures and to—

(i) the Scottish Ministers,

(ii) the Welsh Ministers, and

(iii) the First Minister and deputy First Minister in Northern Ireland or the Executive Office in Northern Ireland.

(8) Subsections (9) and (10) apply if, in the opinion of a Minister of the Crown, an agreement in principle has been reached with the EU on a treaty the principal purpose of which is to deal with all or part of the future relationship with the EU.

(9) A Minister of the Crown must, within one week of an agreement outlined in subsection (8), lay before each House of Parliament—

(a) a statement that political agreement has been reached, and

(b) a copy of the negotiated future relationship treaty.

(10) Prior to the laying of the text of the proposed treaty, the Secretary of State must have consulted with each devolved administration on the text of the proposed agreement and taken their views into account, with special consideration given to matters relating to devolved competences.

(11) A treaty in the same form, or to substantially the same effect, as the negotiated future relationship treaty may be ratified only if the negotiated future relationship treaty has been approved by a resolution of the House of Commons on a motion moved by a Minister of the Crown and—

(a) the House of Lords has not resolved, within the period of 14 Lords sitting days beginning with the day on which the negotiated future relationship treaty is laid before that House, that any treaty resulting from it should not be ratified, or

(b) if the House of Lords has so resolved within that period, a Minister of the Crown has laid before each House of Parliament a statement indicating that the Minister is of the opinion that the treaty should nevertheless be ratified and explaining why.

(12) Section 20 of the Constitutional Reform and Governance Act 2010 (treaties to be laid before Parliament before ratification) does not apply in relation to a treaty if subsection (11) applies in relation to the ratification of that treaty.

(13) In this section—

“devolved legislature” means—

(a) the Scottish Parliament,

(b) the National Assembly for Wales, or

(c) the Northern Ireland Assembly;

“future relationship with the EU” means the main arrangements which are designed to govern the security and economic aspects of the long-term relationship between the United Kingdom and the EU after IP completion day and to replace or modify the arrangements which apply during the implementation period, but does not include the withdrawal agreement;

“negotiated future relationship treaty” means a draft of a treaty identified in a statement that political agreement has been reached;

“negotiations” means negotiations the opening of which, on behalf of the EU, has been authorised under Article 218 of the Treaty on the Functioning of the European Union;

“reporting period” means—

(a) the period of three months beginning with the first day on which a statement on objectives for the future relationship with the EU is approved by a resolution of the House of Commons on a motion moved by a Minister of the Crown, and

(b) each subsequent period of one month;

“statement on objectives for the future relationship with the EU” means a statement—

(a) made in writing by a Minister of the Crown setting out proposed objectives of Her Majesty’s Government in negotiations on the future relationship with the EU, and

(b) published in such manner as the Minister making it considers appropriate;

“statement that political agreement has been reached” means a statement made in writing by a Minister of the Crown which—

(a) states that, in the Minister’s opinion, an agreement in principle has been reached with the EU on a treaty the principal purpose of which is to deal with all or part of the future relationship with the EU, and

(b) identifies a draft of that treaty which, in the Minister’s opinion, reflects the agreement in principle;

“treaty” has the same meaning as in Part 2 of the Constitutional Reform and Governance Act 2010 (see section 25(1) and (2) of that Act).”’

This new clause restores the role for Parliament in providing scrutiny and oversight in the negotiations over the UK’s future relationship with the EU.

New clause 6—Parliamentary approval of the future relationship—

“(1) The Secretary of State may not engage in negotiations on the future relationship between the UK and the EU until a Minister of the Crown has laid a draft negotiating mandate before each House of Parliament and—

(a) moved an amendable motion in the House of Commons containing the text of the draft negotiating mandate;

(b) the draft negotiating mandate (as amended) has been approved by a resolution of the House of Commons, and

(c) a motion for the House of Lords to take note of the draft negotiating mandate has been moved in that House by a Minister of the Crown.

(2) The draft negotiating mandate must set out in detail—

(a) the UK’s negotiation objectives,

(b) all fields and sectors to be included in the proposed negotiations,

(c) the principles to underpin the proposed negotiation,

(d) any limits on the proposed negotiations, and

(e) the desired outcomes from the proposed negotiations.

(3) Prior to laying the draft negotiating mandate, a Minister of the Crown must have consulted each devolved administration on the negotiating mandate.

(4) Prior to the House’s consideration of a motion under subsection (1)(b), a Minister of the Crown must lay before both Houses of Parliament a sustainability impact assessment conducted by a credible body independent of government following consultation with—

(a) each devolved administration,

(b) public bodies, businesses, trade unions and non-governmental organisations which, in the opinion of the independent body, have a relevant interest, and

(c) the public.

(5) The assessment shall include both qualitative and quantitative assessments of the potential impacts of the proposed trade agreement, including—

(a) social,

(b) economic,

(c) environmental,

(d) gender,

(e) equalities,

(f) climate change,

(g) human rights,

(h) labour,

(i) development, and

(j) regional

impacts.

(6) In conducting negotiations on the future relationship with the EU, a Minister of the Crown must seek to achieve the objectives set out in the negotiating mandate approved under subsection (1)(b).

(7) After the end of each reporting period, a Minister of the Crown must—

(a) lay before each House of Parliament a report on the progress made, by the end of the period, in negotiations on the future relationship with the EU, including—

(i) the Minister’s assessment of the extent to which the outcome of those negotiations is likely to reflect the negotiating mandate approved under subsection (1)(b), and

(ii) if the Minister’s assessment is that the future relationship with the EU is, in any respect, not likely to reflect that mandate, an explanation of why that is so, and

(b) lay before each House of Parliament the latest rounds of negotiating texts, by the end of each reporting period, and

(c) provide a copy of the report to the Presiding Officer of each of the devolved legislatures and to—

(i) the Scottish Ministers,

(ii) the Welsh Ministers, and

(iii) the First Minister and deputy First Minister in Northern Ireland or the Executive Office in Northern Ireland.

(8) Subsections (9) to (13) apply if, in the opinion of a Minister of the Crown, an agreement in principle has been reached with the EU on a treaty the principal purpose of which is to deal with all or part of the future relationship with the EU.

(9) A Minister of the Crown must lay before each House of Parliament—

(a) a statement that political agreement has been reached, and

(b) a copy of the negotiated future relationship treaty.

(10) Prior to the laying of the text of the proposed treaty, the Secretary of State must have consulted with each devolved administration on the text of the proposed agreement and taken their views into account, with special consideration given to matters relating to devolved competences.

(11) Prior to considering a motion approving the text of the negotiated future relationship treaty, the Government must lay before each House of Parliament a response to any report by a relevant Parliamentary committee (such as the Exiting the EU select committee) containing a recommendation in relation to the ratification of the agreement.

(12) A treaty in the same form, or to substantially the same effect, as the negotiated future relationship treaty may be ratified only if the negotiated future relationship treaty has been approved by a resolution of the House of Commons on an amendable motion moved by a Minister of the Crown and—

(a) the House of Lords has not resolved, within the period of 14 Lords sitting days beginning with the day on which the negotiated future relationship treaty is laid before that House, that any treaty resulting from it should not be ratified, or

(b) if the House of Lords has so resolved within that period, a Minister of the Crown has laid before each House of Parliament a statement indicating that the Minister is of the opinion that the treaty should nevertheless be ratified and explaining why.

(13) Section 20 of the Constitutional Reform and Governance Act 2010 (treaties to be laid before Parliament before ratification) does not apply in relation to a treaty if subsection (11) applies in relation to the ratification of that treaty.”

This new clause ensures that MPs get a guaranteed vote with an amendable motion on the EU-UK Future Relationship and negotiating objectives, and sets out scrutiny of the negotiating mandate. It requires a sustainability impact assessment of the future relationship; the regular release of negotiation texts; and engagement with devolved administrations.

Amendment (a) to new clause 6, in line 39, after “(j) regional” insert “(k) health”

New clause 11—Consent and the Ireland/Northern Ireland Protocol—

“(1) Nothing in this Act affects section 4(5) and 42 of the Northern Ireland Act 1998.

(2) Accordingly, if 30 of its members petition the Northern Ireland Assembly expressing their concern about a matter which is to be voted on by the Assembly, the vote on that matter shall require cross-community support.

(3) ‘Cross-community support’ in relation to a vote in the Northern Ireland Assembly on any matter, means—

(a) the support of a majority of the members voting, a majority of the designated Nationalists voting and a majority of the designated Unionists voting; or

(b) the support of 60 per cent of the members voting, 40 per cent of the designated Nationalists voting and 40 per cent of the designated Unionists voting.

(4) “Designated Nationalist” means a member designated as a Nationalist in accordance with standing orders of the Northern Ireland Assembly and ‘designated Unionist’ is construed accordingly.”

This new Clause re-states the existing law on the operation of cross-community support in votes of the Northern Ireland Assembly.

New clause 12—Consent and the Ireland/Northern Ireland Protocol (No. 2)—

“(1) Notifying the European Union of the outcome of the democratic consent processes under Article 18 of the Ireland/Northern Ireland Protocol is a matter for the Government of the United Kingdom under paragraph 3 of Schedule 2 to the Northern Ireland Act 1998.

(2) The Government of the United Kingdom must seek to apply any democratic consent process under or in connection with the Withdrawal Agreement in conformity with existing practice on votes requiring cross-community support in the Northern Ireland Assembly.

(3) The Government of the United Kingdom must accordingly seek to withdraw and replace any parts of the Declaration of 17 October 2019 by Her Majesty’s Government of the United Kingdom of Great Britain and Northern Ireland concerning the operation of the Democratic consent in Northern Ireland provision of the Protocol on Ireland/Northern Ireland which conflict with the existing practice on votes of the Northern Ireland Assembly requiring cross-community support.”

Paragraph 3(a) of the Declaration of 17 October 2019 by Her Majesty’s Government concerning the operation of the Democratic consent in Northern Ireland provision of the Ireland/Northern Ireland Protocol requires a threshold of a majority of members of the Northern Ireland Assembly present and voting. This new Clause seeks to replace that threshold with the normal cross-community support process.

New clause 13—UK internal market—

“(1) The Government of the United Kingdom must maintain and strengthen the integrity and smooth operation of the internal market of the United Kingdom of Great Britain and Northern Ireland.

(2) Accordingly it is a priority for the Government of the United Kingdom in negotiations on the future relationship with the EU to reach agreement to supersede any provisions of the Ireland/Northern Ireland Protocol which impede or conflict with the duty in subsection (1).”

This new Clause seeks to replace any provisions of the Ireland/Northern Ireland Protocol which fail to maintain and strengthen the integrity and smooth operation of the internal market of the United Kingdom of Great Britain and Northern Ireland.

New clause 14—Sovereignty and Northern Ireland—

“(1) Nothing in this Act contradicts Article 6 of the Union with Ireland Act 1800.

(2) Accordingly, Her Majesty’s subjects of Great Britain and Northern Ireland are entitled to the same privileges, and to be on the same footing as to encouragements and bounties on the like articles, being the growth, produce, or manufacture of either country respectively, and generally in respect of trade and navigation in all ports and places in the United Kingdom and its dependencies; and that in all treaties made by Her Majesty, her heirs, and successors, with any foreign power, Her Majesty’s subjects of Northern Ireland shall have same the privileges, and be on the same footing as Her Majesty’s subjects of Great Britain.”

This new Clause re-states the fundamental constitutional principle of unfettered trade between Northern Ireland and Great Britain.

New clause 15—Sovereignty and Northern Ireland (No.2)—

“(1) Nothing in this Act affects the status of Northern Ireland set out in section 1 of the Northern Ireland Act 1998.

(2) Accordingly, Northern Ireland in its entirety remains part of the United Kingdom and shall not cease to be so without the consent of a majority of the people of Northern Ireland voting in a poll held for the purposes of this section in accordance with Schedule 1 to the Northern Ireland Act 1998.”

This new Clause re-states the fundamental constitutional principle of Northern Ireland remaining part of the United Kingdom, unless a majority of the people of Northern Ireland vote to decide otherwise.

New clause 17—Objectives during negotiations—

“(1) A Minister of the Crown may not engage in negotiations on the future relationship with the EU unless—

(a) a statement on objectives for the future relationship with the EU has been approved by the House of Commons on a motion moved by a Minister of the Crown,

(b) a motion for the House of Lords to take note of that statement has been moved in that House by a Minister of the Crown,

(c) a motion relating to that statement has been approved by a resolution of the National Assembly for Wales,

(d) a motion relating to that statement has been approved by a resolution of the Scottish Parliament,

(e) a motion relating to that statement has been approved by a resolution of the Northern Ireland Assembly.

(2) Notwithstanding subsection 1(e), a Minister of the Crown may engage in negotiations on the future relationship with the EU if the Northern Ireland Assembly has not approved the appointment of a First Minister and deputy First Minister within six weeks of the day on which this Act is passed.”

This new clause would require the Government to seek the consent of all the parliaments of the UK for its objectives during negotiations on the future relationship with the EU.

New clause 21—International trade—

“(1) The Government shall, during the implementation period, use its flexibilities under Article 129(4) of the Withdrawal Agreement to negotiate trade agreements with other parties.

(2) The Government shall, from 1 February 2020, and subject to the procedures for participation in the World Trade Organisation (WTO), exercise full rights as an individual member of the WTO and shall seek to—

(a) join any relevant committees and sub-committees that serve the UK‘s national interest, and

(b) speak in the WTO on all matters that serve the UK‘s national interest, notwithstanding the Duty of Sincere Co-operation under Article 4(3) of the Treaty on European Union and the Common Commercial Policy which are applicable during the implementation period.”

This new clause would mandate the Government to participate actively in the World Trade Organisation to serve the UK’s national interest.

New clause 22—Joint Committee representation from Northern Ireland—

“After section 15B of the European Union (Withdrawal) Act 2018 (Ministerial co-chairs of the Joint Committee) (for which see section 34 above) insert—

‘15BA Joint Committee representation from Northern Ireland

The United Kingdom delegation to the Joint Committee must always include representation from Northern Ireland, namely either—

(a) a representative agreed jointly by the First Minister and deputy First Minister, or

(b) in period when there is no Northern Ireland Executive, a representative nominated by the Head of the Northern Ireland Civil Service.’”

This new clause would require Northern Ireland to be represented on the Joint Committee.

New clause 23—Joint Committee and the Belfast Agreement—

“After section 15B of the European Union (Withdrawal) Act 2018 (Ministerial co-chairs of the Joint Committee) (for which see section 34 above) insert—

‘15BB  Joint Committee and the Belfast Agreement

The United Kingdom representatives on the Joint Committee must have due regard for all aspects of the Belfast Agreement within their work.’”

This new clause would require UK representatives on the Joint Committee to have due regard for all aspects of the 1998 Belfast (Good Friday) Agreement within their work.

New clause 24—Joint Committee and Article 50 phase 1 report—

“After section 15B of the European Union (Withdrawal) Act 2018 (Ministerial co-chairs of the Joint Committee) (for which see section 34 above) insert—

‘15BC  Joint Committee and Article 50 phase 1 report

The United Kingdom representatives on the Joint Committee must have due regard within their work to the UK government commitments in the joint report from the negotiators of the EU and the United Kingdom Government on progress during phase 1 of negotiations under Article 50 of the Treaty on European Union.’”

This new clause would require UK representatives on the Joint Committee to have due regard within their work to the UK government commitments in the joint report of 8 December 2017 from the negotiators of the EU and the UK on phase 1 of the Article 50 negotiations, including its references to unfettered access for Northern Ireland businesses to the whole of the United Kingdom internal market.

New clause 25—Specialised Committee on the Ireland/Northern Ireland Protocol Group representation from Northern Ireland—

“After section 15B of the European Union (Withdrawal) Act 2018 (Ministerial co-chairs of the Joint Committee) (for which see section 34 above) insert—

‘15BD  Specialised Committee on the Ireland/Northern Ireland Protocol Group representation from Northern Ireland

The United Kingdom delegation on the Specialised Committee on the Ireland/Northern Ireland Protocol Group must always include representation from Northern Ireland, either—

(a) agreed jointly by the First Minister and deputy First Minister, or

(b) in period when there is no Northern Executive, nominated by the Head of the Northern Ireland Civil Service.’”

This new clause would require Northern Ireland to be represented on the Specialised Committee on the Ireland/Northern Ireland Protocol Group established under Article 14 of the Ireland/Northern Ireland Protocol.

New clause 26—Joint Consultative Working Group representation from Northern Ireland—

“After section 15B of the European Union (Withdrawal) Act 2018 (Ministerial co-chairs of the Joint Committee) (for which see section 34 above) insert—

‘15BE  Joint Consultative Working Group representation from Northern Ireland

The United Kingdom representatives on the Joint Consultative Working Group must always include representation from Northern Ireland, either—

(a) agreed jointly by the First Minister and deputy First Minister, or

(b) in period when there is no Northern Executive, nominated by the Head of the Northern Ireland Civil Service.’”

This new clause would require Northern Ireland to be represented on the Joint Consultative Working Group established under Article 15 of the Ireland/Northern Ireland Protocol.

New clause 39—Fisheries—

“(1) Ministers of the Crown have as an objective in negotiations with the EU on the future relationship preserving, protecting and promoting the future of the fisheries industry based in Northern Ireland.

(2) In order to promote unfettered access of Northern Ireland fishermen to the UK internal market, Ministers must seek an agreement with the EU that fish caught in compliance with UK fisheries policy by trawlers based in Northern Ireland and landed in UK harbours for the UK internal market will not require after the end of the implementation period any more documentation than was required before exit day.”

This new clause aims to address a specific example of unfettered access in order to avoid an increase in paperwork being required for the Northern Ireland fishing industry after the UK leaves the EU.

New clause 40—State aid—

“(1) The UK Government must exercise its responsibilities for implementing and applying the provisions of Union law under Article 12 of the Protocol on Ireland/Northern Ireland in accordance with this section.

(2) The UK Government must, when exercising its responsibilities with respect to Article 10 of the Protocol (State aid) in relation to a Northern Ireland product, take no account of whether any products originating from Great Britain that are contained in that Northern Ireland product may have received state aid.”

This new clause would provide that any state aid provided to GB products that are included in Northern Ireland products cannot be taken into account when the UK Government assesses the state aid status of those NI products.

New clause 41—Regulatory divergence—

“(1) The Competition and Markets Authority must at intervals of not more than 12 months publish an assessment as to whether the effect of any regulatory divergence between the UK and the EU has been to place Northern Ireland businesses at a competitive disadvantage within the UK internal market that would constitute grounds for the UK to take safeguard measures under paragraph 1 of Article 16 of the Protocol on Ireland/Northern Ireland.

(2) The first assessment under subsection (1) shall be published no later than 12 months after the last day of the implementation period.

(3) If the Competition and Markets Authority makes an assessment under subsection (1) that the effect of any regulatory divergence is that there are grounds for the UK to take safeguard measures, the UK Government must within three months of receiving that assessment take safeguard measures under Article 16 of the Protocol that are in its opinion sufficient to remedy the competitive disadvantage.

(4) The Competition and Markets Authority shall report its opinion as to the adequacy and effectiveness of any safeguard measures under subsection (3) when making its next assessment under subsection (1).”

This new clause would require regular assessments by the CMA as to whether regulatory divergence between the UK and the EH has put Northern Ireland businesses at a serious competitive disadvantage, and in the event of such a finding would require the Government to remedy that disadvantage.

New clause 42—Specialised Committees—

“(1) Representatives of the United Kingdom attending specialised committees convened under Article 165 of the Withdrawal Agreement have a duty to represent the interests of Northern Ireland as an integral part of the United Kingdom.

(2) The United Kingdom Government must make arrangements for the Northern Ireland Executive to nominate at least one representative to the specialised committee on issues related to the implementation of the Ireland/Northern Ireland Protocol (see Article 165 (v) of the withdrawal agreement and Article 14 of the Protocol) and to each of the other specialised committees.

(3) In the absence of a Northern Executive, the Secretary of State must nominate representatives under subsection (2) after consulting the political parties comprising Members elected to the Northern Ireland Assembly.”

This new clause would ensure Northern Ireland representation on the specialised committees established under the Withdrawal Agreement.

New clause 43—Asylum claims after exit day—

“A Minister of the Crown must seek to negotiate, on behalf of the United Kingdom, an agreement with the EU which, after the United Kingdom‘s withdrawal from the EU, secures outcomes matching as closely as possible those which applied before exit day under Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 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 (recast).”

This new clause seeks to maintain the status quo for applications for international protection lodged by a third-country national or a stateless person under the Dublin III process.

New clause 44—Preventing discrimination—

“(1) A power of a Minister of the Crown under the law of England and Wales or of Scotland to make, confirm or approve subordinate legislation may not be exercised, on or after IP completion day, in a way that would result in law that treats qualifying NI goods differently from GB good, unless the difference in treatment is justified as mentioned in subsection (2).

(2) A difference in treatment is justified only if it is shown to be necessary and can deliver material benefits for the purposes of—

(a) protecting health of life of humans, animals or plants, or the environment,

(b) protecting national security, or

(c) ensuring that those involved in the production, supply or use of qualifying NI goods are put in a position that is no less favourable overall than those involved in the production, supply or use of GB goods.

(3) Subsection (1) applies to a power whether conferred before, on or after IP completion date.

(4) A Minister of the Crown must by regulations define ‘GB goods’ for the purposes of this section.”

This new clause would prevent a Minister of the Crown under the law of England and Wales or of Scotland using the power to make, confirm or approve subordinate legislation, on or after IP completion day, in a way that would result in law that treats qualifying NI goods differently from GB goods, unless the difference in treatment is justified as mentioned in subsection (2).

New clause 47—Accountability of the Joint Committee—

“After section 18 of the European Union (Withdrawal) Act 2018 insert—

‘18A Accountability of the Joint Committee

(1) A motion appointing the United Kingdom’s co-chair of the Joint Committee shall be laid before and approved by both Houses of Parliament.

(2) The United Kingdom’s co-chair of the Joint Committee shall always request that, unless for reasons of national security, all meetings of the Joint Committee are conducted in public.

(3) As far as is permitted by Rule 10 of Annex VIII to the withdrawal agreement, a Minister of the Crown must publish all decisions and recommendations adopted by the Joint Committee.

(4) Before attending each session of the Joint Committee a Minister of the Crown shall make an oral statement to the House of Commons setting out—

(a) the purpose and agenda of that Joint Committee meeting;

(b) the intended policy to be pursued by the Minister attending that Joint Committee meeting; and

(c) as far as possible the economic, social and environmental impact of any proposition to be determined at the Joint Committee.’”

This new clause requires the UK’s co-chair of the Joint Committee to be approved by Parliament, to ask the EU for Joint Committee meetings to be held in public where possible, for decisions of the Joint Committee to be published, and for a Minister to make a statement to the House of Commons ahead of each Joint Committee meeting.

New clause 52—Meaning of ‘unfettered access’—

“(1) In sections 21 and 22, ‘unfettered access’ for qualifying Northern Ireland goods means that businesses in Northern Ireland must continue to be able to sell their qualifying goods to Great Britain without tariffs, origin requirements, regulatory import controls, dual authorisations or discrimination in the market.

(2) Northern Ireland businesses shall enjoy the rights under subsection (1) regardless of whether they trade directly with Great Britain or trade via Dublin port.”

This new clause defines what ‘unfettered access’ means for the purposes of Amendments 12 and 16.

New clause 53—Duty of consultation when making regulations in connection with the Ireland/Northern Ireland Protocol—

“Before making regulations under sections 21 and 22, the Government and the devolved authorities must consult, and take account of the views of, the Northern Ireland Executive.”

This new clause would require the UK Government and the devolved authorities to consult and take account of the views of the Northern Ireland Executive before making regulations which could affect Northern Ireland’s place within the UK internal market.

New clause 54—Consent for any new trade frictions—

“(1) Regulations that would introduce new requirements on goods traded from Northern Ireland to Great Britain (including, but not restricted to, import customs declarations or origin checks) may not come into force without the consent of the Northern Ireland Assembly.

(2) No additional official or administrative costs consequent on any such regulations may be recouped from the private sector.”

This new clause would require the consent of the Northern Ireland Assembly before further trade frictions are imposed from Northern Ireland to Great Britain and would protect Northern Ireland businesses from paying for the administrative costs.

New clause 55—Northern Ireland’s place in the UK internal market—

“(1) As part of its obligation under Article 6.2 of the Protocol on Ireland/Northern Ireland to use its best endeavours to facilitate trade between Northern Ireland and other parts of the UK, the UK Government must—

(a) publish an assessment at least every 12 months of any negative impacts on businesses and consumers arising from the Protocol on trade between Great Britain and Northern Ireland and vice versa; and

(b) develop mitigations to safeguard the place of Northern Ireland businesses and consumers in the UK internal market.

(2) The assessment published under paragraph (1)(a) must include assessment of the impact of any actual or proposed regulatory or trade policy divergence on Northern Ireland’s place in the UK Internal Market.

(3) Any official or administrative costs arising from the duties under subsections (1) and (2) may not be recouped from the private sector.”

New clause 57—Consultation with the British Irish Council—

“The British Irish Council must be consulted prior to any proposed changes in standards relating to food, the environment or employment in the process of negotiations for new trading relations between the United Kingdom and the European Union.”

New clause 58—Consultation with the British Irish Council (No. 2)—

“The British Irish Council must be consulted prior to any proposed changes in the United Kingdom’s devolution settlement as a direct result of the United Kingdom leaving the European Union, or any changes to the devolution settlement resulting from future trade agreements.”

New clause 60—Establishment of a mitigation package—

“(1) The United Kingdom Government must guarantee and fund the establishment of a mitigation package for businesses and communities in Northern Ireland.

(2) The impact and success of this fund shall be reviewed by an independent economic body every six months.

(3) The fund must be established in consultation with the devolved administration in Northern Ireland.”

New clause 61—Provision for EU Referendum in Northern Ireland—

“(1) Provision must be made to allow for Northern Ireland with the consent of a majority of people in Northern Ireland voting in a poll held for the purpose, to remain or (as the case may be) to join the European Union.

(2) If the expressed wish by a majority in such a poll is for Northern Ireland to remain or join the European Union, the Secretary of State shall lay before Parliament such proposals to give effect to that wish as are agreed between Her Majesty‘s Government in the United Kingdom and the Government of Ireland.

(3) This section comes into effect only after a Legislative Consent Motion has been approved by the Northern Ireland Assembly.”

New clause 63—Border Impact Assessment—

“(1) The United Kingdom Government must work jointly with and commission, alongside the Government of Ireland and the Northern Ireland administration, an economic impact assessment on the border regions between the Republic of Ireland and Northern Ireland.

(2) This impact assessment must include recommendations on economic support and investment required to aid these regions after the United Kingdom leaves the European Union.”

New clause 64—Role of Devolved Administrations in trade negotiations—

“The Northern Ireland administration, alongside other devolved governments and administrations, must have a formal role in all new trade negotiations conducted by the United Kingdom Government.”

New clause 65—Trade Agreement—

“The Northern Ireland Assembly must give legislative consent for any new trade agreement reached by the United Kingdom Government before new trading rules and standards are enacted.”

New clause 66—Maintaining EU Alignment—

“The United Kingdom Government must provide an annual analysis to the devolved administrations and governments as to what measures they can enact to ensure maximum regulatory alignment with the European Union standards as the EU’s laws are updated and enhanced.”

--- Later in debate ---

[Several hon. Members rose—]

[The Chairman of Ways and Means (Sir Roger Gale)]

Order. For clarification, and as the hon. and learned Lady indicated, although a considerable number of amendments and new clauses have been grouped for debate under this group, only the lead amendment at this stage is moved, so the Question is that amendment 38 be made. It gives me pleasure to call, for what will be his maiden speech in his capacity as a knight of the realm, Sir Robert Neill.

[Sir Robert Neill (Bromley and Chislehurst) (Con)]

Thank you very much indeed, Sir Roger. It is a pleasure to see you in the Chair and to follow the hon. and learned Member for Edinburgh South West (Joanna Cherry). I do not share her political analysis, but I do have sympathy with some of the legal points she raises, which I will address.

I will start with the interpretation of retained EU law, which raises an important issue. As the hon. and learned Lady has said, concerns have been raised by many lawyers, regardless of their political views. I speak as someone who supported the Bill’s Second Reading, who will support it on Report and on Third Reading, and who stood on a manifesto commitment to implement the Bill. The lawyer in me, however, says that it is particularly important that we get this detail right. That is why I hope I can press Ministers for a little more detail and explanation as to why they have chosen a particular course to achieve their objectives.

I accept that there will be circumstances in which it will be necessary for courts to depart from EU law once we have left the European Union. I have no problem at all with that. I am concerned, however, that the Government’s chosen formulation for clause 26 has the potential to upset the well-established hierarchy and system of binding precedent that has characterised English common law and, to a greater or lesser degree, that of the other jurisdictions of the United Kingdom. The system of binding precedent is important because we have always regarded it as a benchmark of English law that gives certainty, in that lower courts cannot depart from the decisions of higher courts. That has served us well for centuries and is not something from which we should lightly depart.

It is going to be important for the future, too. If we are to advance Britain’s position as an international legal centre and an international financial and business centre—as I hope and am confident we will—certainty of law is important. I am a little concerned, however, that, without more explanation, the Government might risk getting to a stage where—inadvertently, I have no doubt, and perhaps for the sake of speed—they may undermine that valuable asset. That would have perhaps two consequences, which I will touch on.

Judgments made over the years by the European Court of Justice have been embedded in domestic judgments of our courts, including those of the Supreme Court. It seems odd that power should be given to a lower court to, on the face of it, depart from a Supreme Court judgment interpreting the European law as it then was. On the face of it, and without more explanation, that seems to me to upset the doctrine of binding precedent and risks driving a coach and horses through a fundamental part of our system. That is not something we should undertake lightly. Will the Minister explain the rationale behind it and precisely how the Government will go about it? Why is it necessary?

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[Sammy Wilson (East Antrim) (DUP)]

Does the Minister not recognise the incompatibility of the two statements he has made? He wants to adhere to the letter and the spirit of the Belfast agreement, yet he is prepared to set aside one of its most fundamental parts—that, on controversial issues and issues that one community feels threatens its identity and the things it values, there should be a mechanism whereby there is a difference in the majority vote. He seems not to understand that the protocol and the terms of this Bill set that very vital safeguard aside.

[The Chairman of Ways and Means (Sir Roger Gale)]

Order. Before we proceed, let me provide this clarification. The Minister referred to withdrawing an amendment, as did the hon. Member for North Down (Stephen Farry). At this stage, there is no need to withdraw amendments, because none of them has been moved. It is only the lead amendment that has been moved.

[Mr Walker]

I apologise, Sir Roger. I stand corrected.

I absolutely recognise the principle in the agreement on contentious domestic matters in Northern Ireland. We are talking about a consent mechanism that is being given to the Assembly uniquely in the case of an international agreement, because we recognise the importance of the issue. We also recognise the benefits of cross-community consent, which is why our approach would mean that a vote recurs more often if a decision is taken without that cross-community consent.

It is the responsibility of the Northern Ireland Executive and the Irish Government to develop consultation, co-operation and action within the island of Ireland—including through implementation on an all-island and cross-border basis—on matters of mutual interest within the competence of the Administrations north and south and not the responsibility of the UK Government. That is why clause 24 ensures that the UK cannot agree to the making of a recommendation by the Joint Committee, which would alter the arrangements for north-south co-operation. As the protocol ensures these aims and the Bill give effect to those commitments, I urge the hon. Members for Belfast South (Claire Hanna), for Foyle (Colum Eastwood) and for North Down to withdraw amendment 36 as it is not necessary to achieve the aims that it seeks.