Trade Bill — House of Commons, 2018-07-17
Topic: International Affairs
John Simon Bercow (Conservative, Centre-right): With this it will be convenient to discuss the following: New clause 21—Right of devolved authorities to appoint negotiators— "(1) Each devolved authority shall have the right to appoint one member of any delegation tasked with negotiating an agreement with another state on behalf of the UK if that agreement falls within section 2(2) (2) A devolved authority shall not make an appointment under subsection (1) unless the person appointed is reasonably competent to carry out the role of a trade negotiator." This new clause would permit the devolved authorities to each appoint one member of any negotiating delegation and would ensure that the person appointed is competent to carry out the role. Amendment 25, in clause 1, page 1, line 15, at end insert— "(1A) No regulations may be made under this subsection by a Minister of the Crown, so far as they contain provision which would be within the devolved competence of the Scottish Ministers (within the meaning given in paragraph 7 of Schedule 1), unless the Scottish Ministers consent (1B) No regulations may be made under this subsection by a Minister of the Crown, so far as they contain provision which would be within the devolved competence of the Welsh Ministers (within the meaning given in paragraph 8 of Schedule 1), unless the Welsh Ministers consent." This amendment and Amendment 26 seek to ensure that regulations cannot be made without consent from devolved Ministers. Amendment 26, in clause 2, page 2, line 40, at end insert— "(7A) No regulations may be made under subsection (1) by a Minister of the Crown, so far as they contain provision which would be within the devolved competence of the Scottish Ministers (within the meaning given in paragraph 7 of Schedule 1), unless the Scottish Ministers consent (7B) No regulations may be made under subsection (1) by a Minister of the Crown, so far as they contain provision which would be within the devolved competence of the Welsh Ministers (within the meaning given in paragraph 8 of Schedule 1), unless the Welsh Ministers consent." See explanatory statement for Amendment 25. Amendment 27, in clause 2, page 3, line 3, at end insert— "(10) No regulations may be made under subsection (8)(b) unless the Secretary of State has consulted with the Scottish Ministers and the Welsh Ministers." This amendment would require the Secretary of State to consult with Scottish Ministers and Welsh Ministers before deciding whether or how to prolong the period during which implementing powers can be used. Government amendments 49, 50 and 61 to 63 Amendment 28, in schedule 1, page 7, line 24, at end insert— "(4) This paragraph does not apply to regulations made under section 1(1) or 2(1) by the Scottish Ministers or the Welsh Ministers." This amendment would remove the constraints on Scottish and Welsh Ministers in making regulations under this Act which modify retained EU law. Government amendments 64 to 67 Amendment 29, in schedule 1, page 8, line 5, at end insert— "(4) This paragraph does not apply to regulations made under section 1(1) or 2(1) by the Scottish Ministers or the Welsh Ministers Requirement for consultation in certain circumstances 3A (1) No regulations may be made by the Scottish Ministers or the Welsh Ministers acting alone under section 1(1) or 2(1) so far as the regulations are to come into force before exit day unless the regulations are, to that extent, made after consulting with a Minister of the Crown (2) No regulations may be made by the Scottish Ministers or the Welsh Ministers acting alone under section 2(1) so far as the regulations make provision about any quota arrangements or are incompatible with any such arrangements unless the regulations are, to that extent, made after consulting with a Minister of the Crown (3) In sub-paragraph (2) ‘quota arrangements’ has the same meaning as in paragraph 3." This amendment would follow amendments made to the EU (Withdrawal) Bill to replace a requirement to seek the consent of the UK Ministers before making regulations to be commenced before exit day, or regulations making provision about quota arrangements, with a requirement to consult. Government amendments 68, 69 and 76 to 78.