Northern Ireland Protocol Bill — House of Commons, 2022-07-13
Topic: Government Operations
Rosalie Winterton (Labour, Centre-left): With this it will be convenient to discuss the following: Clause stand part Amendment 34, in clause 5, page 4, line 14, leave out "the Minister considers appropriate" and insert "is necessary" This amendment changes the threshold for giving a Minister power to make regulations under this Clause. The threshold is amended to make it objective rather than subjective. Clause 5 stand part Amendment 35, in clause 6, page 4, line 29, leave out "they consider appropriate" and insert "is necessary" This amendment changes the threshold for giving a Minister power to make regulations under this Clause. The threshold is amended to make it objective rather than subjective. Clause 6 stand part Amendment 15, in clause 24, page 13, line 16, leave out from "to" to the end of line 22 and insert "House of Commons draft affirmative procedure" This probing amendment would apply "House of Commons draft affirmative" procedure in place of regulations on tax or customs matters being subject to annulment. Amendment 16, page 13, line 27, leave out from "procedure" to the end of line 32 This probing amendment would prevent Henry VIII powers (amending Acts of Parliament by regulations) being made on tax or customs matters using the "made affirmative" procedure. Amendment 17, page 13, line 34, leave out "draft affirmative procedure" and insert "super-affirmative procedure (see section (Super-affirmative resolution procedure: general provisions))" This probing amendment would replace draft affirmative procedure on tax and customs matters with super-affirmative procedure (see NC5). Amendment 18, page 13, line 36, leave out subsections (7) to (9) This amendment is a probing amendment removing the "made affirmative" procedure on tax or customs matters. Clause 24 stand part New clause 4—UK-EU Joint Committee: reduction of sanitary and phytosanitary checks— "A Minister of the Crown may not exercise any powers conferred by this Act until a Minister of the Crown has sought an agreement at the UK-EU Joint Committee on reducing sanitary and phytosanitary checks and laid a report setting out the details of those discussions before each House of Parliament and provided a copy of that report to the Speaker of the Northern Ireland Assembly." New clause 5—Super-affirmative resolution procedure: tax or customs matters— "(1) For the purposes of this Act the "super-affirmative resolution procedure" in relation to the making of regulations subject to the super-affirmative resolution procedure is as follows (2) The Treasury or HMRC must have regard to— (a) any representations, (b) any resolution of the House of Commons, and (c) any recommendations of a committee of the House of Commons charged with reporting on the draft regulations, made during the 60-day period with regard to the draft regulations (3) If, after the expiry of the 60-day period, the Treasury or HMRC wish to make regulations in the terms of the draft, the Treasury or HMRC must lay before the House of Commons a statement— (a) stating whether any representations were made under subsection (2)(a); and (b) if any representations were so made, giving details of them (4) The Treasury or HMRC may after the laying of such a statement make regulations in the terms of the draft if the regulations are approved by a resolution of the House of Commons (5) However, a committee of the House of Commons charged with reporting on the draft regulations may, at any time after the laying of a statement under subsection (3) and before the draft regulations are approved by that House under subsection (4), recommend under this subsection that no further proceedings be taken in relation to the draft regulations (6) Where a recommendation is made by a committee of the House of Commons under subsection (5) in relation to draft regulations, no proceedings may be taken in relation to the draft regulations in that House under subsection (4) unless the recommendation is, in the same Session, rejected by resolution of that House (7) If, after the expiry of the 60-day period, the Treasury or HMRC wish to make regulations order consisting of a version of the draft regulations with material changes, the Treasury or HMRC must lay before the House of Commons— (a) revised draft regulations; and (b) a statement giving details of— (i) any representations made under subsection (2)(a); and (ii) the revisions proposed (8) The Treasury or HMRC may after laying revised draft regulations and a statement under subsection (7) make regulations in the terms of the revised draft regulations if the revised draft regulations are approved by a resolution of the House of Commons (9) However, a committee of the House charged with reporting on the revised draft regulations may, at any time after the revised draft regulations are laid under subsection (7) and before the revised draft regulations are approved by that House under subsection (8), recommend under this subsection that no further proceedings be taken in relation to the revised draft regulations (10) Where a recommendation is made by a committee of the House of Commons under subsection (9) in relation to revised draft regulations, no proceedings may be taken in relation to the revised draft regulations in that House under subsection (8) unless the recommendation is, in the same Session, rejected by resolution of that House (11) For the purposes of subsections (4) and (8) regulations are made in the terms of draft regulations if the regulations contain no material changes to the provisions of the draft regulations (12) In this section the "60-day period" means the period of 60 days beginning with the day on which the draft regulations were laid before the House of Commons under section 24 of this Act." This new clause sets out the House of Commons super-affirmative procedure for tax and customs matters.