European Union (Withdrawal) Bill — House of Commons, 2017-12-06
Topic: International Affairs
Lindsay Harvey Hoyle (Labour, Centre-left): With this it will be convenient to discuss the following: New clause 80—Transparency of the financial settlement— ‘(1) Financial provision may be made for a financial settlement agreed as part of any withdrawal agreement under Article 50 of the Treaty of the European Union (2) Subsection 1 applies only if the financial settlement honours obligations incurred by the United Kingdom during the period of its membership of the EU (3) The Treasury must lay before both Houses of Parliament an estimate of the financial obligations incurred by the United Kingdom during the period of its membership of the EU, together with reports from the Office of Budget Responsibility, the National Audit Office and the Government Actuary each giving its independent assessment of the Treasury’s estimate (4) Any financial settlement payment to the European Commission or any other EU entity may be made only in accordance with regulations made by a Minister of the Crown (5) Regulations under subsection (4) may be made only if a draft of the regulations has been laid before, and approved by resolution of, the House of Commons." This new clause ensures that any financial settlement as part of leaving the EU must reflect obligations incurred by the UK during its membership of the EU, must be transparent, and must be approved by Parliament. Amendment 54, in clause 12, page 9, line 4, at end insert— ‘(5) No payment shall be made to the European Union or its member states in respect of the making of a withdrawal agreement or a new Treaty with the European Union or any new settlement relating to arrangements that are to be made after exit day unless a draft of the instrument authorising the payment has been laid before, and approved by a resolution of the House of Commons." This amendment would ensure that there is a vote in the House of Commons to approve any settlement payment agreed by Ministers as a consequence of negotiations on a withdrawal agreement or new Treaty with the European Union. Clause 12 stand part Amendment 152, in schedule 4, page 32, line 35, leave out "(among other things)" This amendment would limit the scope of regulations modifying the levying of fees or charges by regulatory bodies to only the effects set out in sub-sub-paragraphs (a), (b) and (c). Amendment 339, leave out lines 1 to 3 This amendment would remove the power of public authorities to levy fees or charges via tertiary legislation. Amendment 340, page 33, line 3, at end insert— ‘(3A) Regulations under this paragraph may not be used to prescribe fees or charges that go beyond that which is necessary for recovering the direct cost of the provision of a service to the specific person (including any firm or individual) who is required to pay the relevant fee or charge." This amendment would prevent delegated powers from being used to levy taxes. Amendment 153, page 35, line 8, at end insert— ‘(3) Modification of subordinate legislation under sub-paragraph (2) may not be made for the purposes of— (a) creating a fee or charge that does not replicate a fee or charge levied by an EU entity on exit day, or (b) increasing a fee or charge to an amount larger than an amount charged by an EU entity for the performance of the relevant function on exit day." This amendment would prevent Ministers using the power for public bodies to alter fees and charges either to create a fee or charge that does not currently exist for the purposes of EU regulators, or to increase a UK charge to be higher than an existing EU fee or charge. That schedule 4 be the Fourth schedule to the Bill.