European Union (Withdrawal) Bill — House of Commons, 2018-01-16
Topic: International Affairs
John Simon Bercow (Conservative, Centre-right): With this it will be convenient to discuss the following: Amendment 50, page 17, 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. Government amendments 21 to 27 Amendment 51, page 22, line 39, 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 52, page 22, line 43, leave out "appropriate" and insert "necessary" This amendment would ensure that Ministers can only bring forward regulations when it is necessary to do so. Government amendment 28 Amendment 53, page 25, line 12, 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 54, page 25, line 16, leave out "appropriate" and insert "necessary" This amendment would ensure that Ministers can only bring forward regulations when it is necessary to do so. Government amendment 29 Amendment 3, in clause 11, page 7, line 23, leave out subsections (1) to (3) and insert— "(1) In section 29(2)(d) of the Scotland Act 1998 (no competence for Scottish Parliament to legislate incompatibly with EU law), omit "or with EU law". (2) In section 108A(2)(e) of the Government of Wales Act 2006 (no competence for National Assembly for Wales to legislate incompatibly with EU law), omit "or with EU law" (3) In section 6(2)(d) of the Northern Ireland Act (no competency for the Assembly to legislate incompatibly with EU law, omit "is incompatible with EU law" (4) The Secretary of State must lay before each House of Parliament proposals for replacing European frameworks with UK ones (5) UK-wide frameworks shall be proposed if and only if they are necessary to— (a) enable the functioning of the UK internal market, (b) ensure compliance with international obligations, (c) ensure the UK can negotiate, enter into and implement new trade agreements and international treaties, (d) enable the management of common resources, (e) administer and provide access to justice in cases with a cross-border element, or (f) safeguard the security of the UK (6) Ministers of the Crown shall create UK-wide frameworks only if they have consulted with, and secured the agreement of, the affected devolved administrations." This amendment removes the Bill’s proposed restrictions on the ability of the Scottish Parliament, the National Assembly for Wales and the Northern Ireland Assembly to legislate on devolved matters and creates new collaborative procedures for the creation of UK-wide frameworks for retained EU law. Amendment 6, page 7, line 23, leave out subsections (1) and (2) and insert— "(1) In section 29(2)(d) of the Scotland Act 1998 (no competence for Scottish Parliament to legislate incompatibly with EU law), omit "or with EU law" (2) In section 108A(2)(e) of the Government of Wales Act 2006 (no competence for National Assembly for Wales to legislate incompatibly with EU law), omit "or with EU law"." This amendment would replace the Bill’s changes to the legislative competence of the Scottish Parliament and the National Assembly for Wales in consequence of EU withdrawal, by removing the restriction on legislative competence relating to EU law and ensuring that no further restriction relating to retained EU law is imposed. Amendment 13, page 7, line 23, leave out subsections (1) to (3) and insert— "(1) In section 29(2)(d) of the Scotland Act 1998 (no competence for Scottish Parliament to legislate incompatibly with EU law), omit "or with EU law" (2) In section 108A (2)(e) of the Government of Wales Act 2006 (no competence for National Assembly for Wales to legislate incompatibly with EU law), omit "or with EU law" (3) In section 6(2)(d) of the Northern Ireland Act (no competency for the Assembly to legislate incompatibly with EU law), omit "is incompatible with EU law" (3A) The Secretary of State must lay before each House of Parliament proposals for replacing European frameworks with UK ones (3B) UK-wide frameworks will be proposed if and only if they are necessary to— (a) enable the functioning of the UK internal market, while acknowledging policy divergence; (b) ensure compliance with international obligations; (c) ensure the UK can negotiate, enter into and implement new trade agreements and international treaties; (d) enable the management of common resources; (e) administer and provide access to justice in cases with a cross-border element; or (f) safeguard the security of the UK. (3C) Frameworks will respect the devolution settlements and the democratic accountability of the devolved legislatures, and will therefore— (a) be based on established conventions and practices, including that the competence of the devolved institutions will not be adjusted without their consent; (b) maintain, as a minimum, equivalent flexibility for tailoring policies to the specific needs of each territory as is afforded by current EU rules; and (c) lead to a significant increase in decision-making powers for the devolved administrations (3D) Frameworks will ensure recognition of the economic and social linkages between Northern Ireland and Ireland by— (a) recognising that Northern Ireland will be the only part of the UK that shares a land frontier with the EU; and (b) adhering to the Belfast Agreement (3E) UK-wide frameworks will be created jointly by the sitting devolved administrations and Ministers of the Crown, with the agreement of all parties involved." This amendment removes the Bill’s proposed restrictions on the ability of the Scottish Parliament, the National Assembly for Wales and the Northern Ireland Assembly to legislate on devolved matters and creates a new collaborative procedure for the creation of UK-wide frameworks for retained EU law using the principles as agreed at the Joint Ministerial Committee (EU Negotiations) on 16 October 2017. Amendment 44, in clause 7, page 5, line 7, leave out "appropriate" and insert "necessary" This amendment would ensure that Ministers can only bring forward regulations under Clause 7 when it is necessary to do so. Amendment 5, page 6, line 18, after "it", insert— "( ) modify the Scotland Act 1998 or the Government of Wales Act 2006," This amendment would prevent the powers of a Minister of the Crown under Clause 7 of the Bill to fix problems in retained EU law from being exercised to amend the Scotland Act 1998 or the Government of Wales Act 2006. Amendment 45, in clause 8, page 6, line 33, 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, in clause 9, page 7, 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 47, in clause 17, page 14, 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 48, page 14, line 22, 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 11, in clause 19, page 15, line 11, at beginning insert— "(1) Subject to subsection (1A)" This amendment is consequential to Amendment 12 to Clause 19 that requires legislative consent from the sitting devolved administrations before any of the provisions in this Act come into force. Amendment 12, page 15, line 18, at end insert— "(1A) None of the provisions in this Act may come into force until the Prime Minister is satisfied that resolutions have been passed by the Scottish Parliament, the National Assembly for Wales and the Northern Ireland Assembly, signifying consent to the Act unless— (a) direct rule is in place; (b) the devolved administration has been formally suspended; or (c) if the devolved administration has been dissolved for reasons other than recess or an election." This amendment requires the Prime Minister to gain legislative consent from the sitting devolved administrations before any of the provisions in this Act come into force. Government amendments 14 to 20, 30 to 32 and 34.