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EnactedRoyal Assentc. 16

European Union (Withdrawal) Act 2018

This bill became lawView the statute on acthub →c. 16 · 26 Jun 2018

Bill texts 8

  • Bill 005 2017-19, as introducedBill · 13 Jul 2017download soon
  • Bill 147 2017-19, as Amended in CommitteeBill · 21 Dec 2017download soon
  • HL Bill 79 (as introduced)Bill · 18 Jan 2018download soon
  • HL Bill 102 (as amended on Report)Bill · 08 May 2018download soon
  • Bill 212 2017-19, Lords Amendments to the BillBill · 17 May 2018download soon
  • HL Bill 111 Commons amendments in lieu, amendments to amendments and reasonsBill · 13 Jun 2018download soon
  • Bill 229, Lords non-insistence, agreement, amendments in lieu and amendments to amendmentsBill · 18 Jun 2018download soon
  • HL Bill 112 Commons agreement and amendments to amendmentBill · 20 Jun 2018download soon

Amendments 53

Committee stage — Lords 20

WithdrawnClause 1EditBillBody

at beginning insert “Subject to subsections (2) and (3),”

Moved: Lord WigleySponsor: Lord Dykes#8450
WithdrawnClause 1EditBillBody

at end insert— Regulations under section 19(2) bringing into force subsection (1) may not be made 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 commencement of subsection (1).”

Moved: Lord Foulkes of CumnockSponsor: Lord Dykes, Lord Judd#8452
NotMovedClause 1EditBillBody

at end insert— Regulations bringing into force subsection (1) may not be made until the Secretary of State has laid a report before both Houses of Parliament outlining the effect of the United Kingdom’s withdrawal from the single market and customs union on the United Kingdom’s economy.”

Moved: Lord WigleySponsor: Lord Adonis, Lord Judd#8454
NotMovedClause 1EditBillBody

at end insert— Regulations bringing into force subsection (1) may not be made unless it is an objective of Her Majesty’s Government, in negotiating a withdrawal agreement, to secure the same rights, freedoms and access available to UK businesses trading with the EU as exist through the United Kingdom’s membership of the EU.”

Moved: Lord WigleySponsor: Lord Adonis, Lord Judd#8458
WithdrawnClause 2EditBillBody

after “passed” insert “and commenced”

Moved: Lord Foulkes of CumnockSponsor: Lord Adonis, Lord Wallace of Tankerness, Lord Dykes#8460
NotMovedClause 2EditBillBody

at end insert— For the purposes of this Act, any EU-derived domestic legislation has effect in domestic law immediately before exit day if—

Moved: Lord Foulkes of CumnockSponsor: Lord Adonis, Lord Wallace of Tankerness#8463
WithdrawnClause 1EditBillBody

leave out “on exit day” and insert “on a date to be determined by a further Act of Parliament”

Moved: Lord AdonisSponsor: Lord Hain, Lord Triesman, Baroness Meacher#8516
NotMovedClause 1EditBillBody

leave out “on exit day” and insert “on a date to be determined in the Act of Parliament enacted for the purposes of section 9(1) of this Act”

Moved: Lord AdonisSponsor: Lord Hain, Lord Judd#8550
NotMovedClause 1EditBillBody

at end insert “, except for section 5 of and Schedule 2 to that Act”

Moved: Lord Adonis#8554
WithdrawnClause 2AddClauseOrSchedule

Insert the following new Clause— “Status of EU directives adopted, but not implemented, before exit day

Moved: Baroness McIntosh of PickeringSponsor: Lord Wigley#8599
WithdrawnClause 1EditBillBody

at end insert— Regulations bringing into force subsection (1) may not be made until the Secretary of State has set out a strategy for seeking to remain a member of (or maintain equivalent participatory relations with) Euratom, in order to provide continuity with current arrangements for ensuring an effective nuclear safeguards regime and a secure and consistent supply of radioisotopes for a range of applications in medicine.”

Moved: Lord Hunt of Kings HeathSponsor: Lord Warner, Baroness Finlay of Llandaff, Lord Teverson#8605
NotMovedClause 1EditBillBody

at end insert— Regulations bringing into force subsection (1) may not be made until the Secretary of State has set out a strategy for seeking to ensure that medicines and clinical devices licensed in either the United Kingdom or the EU are mutually recognised in both the United Kingdom and the EU.”

Moved: Baroness ThorntonSponsor: Baroness Jolly, Baroness Finlay of Llandaff#8606
WithdrawnClause 1EditBillBody

at end insert— Regulations bringing into force subsection (1) may not be made until the Secretary of State has set out a strategy for seeking to ensure that any citizen of the United Kingdom or of an EU country, who requires health care in a different country of the EU or in the United Kingdom, will be treated as if they live in the country in which they require treatment, with the home country reimbursing the country where care was provided.”

Moved: Baroness ThorntonSponsor: Baroness Jolly, Lord Warner, The Earl of Clancarty#8608
WithdrawnClause 1EditBillBody

at end insert— Regulations bringing into force subsection (1) may not be made until the Secretary of State has set out a strategy for seeking to remain a member of, or a strategy seeking to maintain equivalent participatory relations with, Erasmus+ and Horizon 2020 and Horizon 2020’s successor programmes.”

Moved: Lord Hunt of Kings HeathSponsor: Baroness Garden of Frognal, The Earl of Clancarty, The Earl of Dundee#8614
NotMovedClause 2EditBillBody

at end insert— The Charter of Fundamental Rights continues to have effect on and after exit day in relation to legislation under subsection (1).”

Moved: Lord GoldsmithSponsor: Baroness Hayter of Kentish Town, Lord Lennie, Lord Tunnicliffe#8667
WithdrawnClause 1EditBillBody

at end insert— Regulations bringing into force subsection (1) may not be made until the Secretary of State has laid before both Houses of Parliament procedures agreed with the EU for continued coordination of foreign and security policy, including association with the EU’s military staff and the European Defence Agency, and these procedures have been approved by a resolution of each House of Parliament.”

Moved: Lord Wallace of SaltaireSponsor: Baroness Smith of Newnham, Lord Judd, Viscount Hailsham#8685
WithdrawnClause 1EditBillBody

at end insert— Regulations bringing into force subsection (1) may not be made until the Secretary of State has laid before both Houses of Parliament procedures agreed with the EU for continued UK participation in measures to promote internal security, police cooperation and counter-terrorism and these procedures have been approved by a resolution of each House of Parliament.”

Moved: Baroness LudfordSponsor: Baroness Smith of Newnham, Lord Judd, Lord Cormack#8686
WithdrawnClause 2EditBillBody

leave out paragraphs (b) to (d)

Moved: Lord PannickSponsor: Baroness Taylor of Bolton, Lord Norton of Louth, Lord Beith#8764
WithdrawnClause 1EditBillBody

at end insert— Regulations bringing into force subsection (1) may not be made until the Secretary of State has laid before both Houses of Parliament proposals for arrangements for the continued application of the Charter of Fundamental Rights to retained EU law under sections 2, 3 and 4.”

Moved: Lord GoldsmithSponsor: Baroness Hayter of Kentish Town, Lord Lennie, Lord Tunnicliffe#8846
NotMovedClause 2EditBillBody

At end insert “and forms part of domestic primary legislation”

Moved: Viscount Hailsham#8850

Report stage — Lords 20

WithdrawnClause 2AddClauseOrSchedule

Insert the following new Clause— “Status of EU directives adopted, but not implemented, before exit day

Moved: Baroness McIntosh of PickeringSponsor: Baroness Smith of Newnham, Lord Wigley#9137
WithdrawnClause 3EditBillBody

at end insert— For the purposes of this section, the Clinical Trials Regulation (2014/536) is deemed to be operative immediately before exit day, and therefore it forms part of retained EU law.”

Moved: Lord PatelSponsor: Baroness Thornton, Lord Judge, Lord Mackay of Clashfern#9141
AgreedClause 1EditBillBody

at end insert— Subsection (2) applies if, and only if, the condition in subsection (3) is met.”

Moved: Lord Kerr of KinlochardSponsor: Lord Patten of Barnes, Baroness Hayter of Kentish Town, Baroness Ludford#9142
AgreedClause 1EditBillBody

at end insert— The condition in this subsection is that, by 31 October 2018, a Minister of the Crown has laid before both Houses of Parliament a statement outlining the steps taken in negotiations under Article 50(2) of the Treaty on European Union to negotiate, as part of the framework for the United Kingdom’s future relationship with the European Union, an arrangement which enables the United Kingdom to continue participating in a customs union with the European Union.”

Moved: Lord Kerr of KinlochardSponsor: Lord Patten of Barnes, Baroness Hayter of Kentish Town, Baroness Ludford#9144
AgreedClause 3AddClauseOrSchedule

Insert the following new Clause— “Enhanced protection for certain areas of EU law

Moved: Baroness Hayter of Kentish TownSponsor: Lord Warner, Baroness Smith of Newnham, Lord Kirkhope of Harrogate#9145
NotMovedClause 1EditBillBody

leave out “on exit day” and insert “on a date to be determined by a further Act of Parliament”

Moved: Lord Adonis#9146
AgreedClause 5EditBillBody

leave out subsections (4) and (5) and insert— The following provisions of the Charter of Fundamental Rights are not part of domestic law on or after exit day—

Moved: Lord PannickSponsor: Lord Goldsmith, Baroness Ludford, Lord Deben#9147
NotMovedClause 1EditBillBody

at beginning insert “A Minister of the Crown may by regulations made by statutory instrument before exit day provide that”

Moved: Lord Wigley#9173
NotMovedClause 1EditBillBody

at end insert— Regulations under subsection (1) may not be made unless a draft of the instrument has been laid before both Houses of Parliament and both Houses have passed a resolution that—

Moved: Lord Wigley#9174
WithdrawnClause 1EditBillBody

at end insert— Regulations bringing into force subsection (1) may not be made until the Secretary of State has laid before both Houses of Parliament such procedures as have been agreed with the EU for continued coordination of international aid and development policy, including association with the EU’s European Development Fund, ECHO, humanitarian aid missions and similar institutions, and these procedures have been approved by a resolution of each House of Parliament.”

Moved: The Earl of SandwichSponsor: Lord Crisp, Baroness D'Souza, Lord Bruce of Bennachie#9189
WithdrawnClause 4AddClauseOrSchedule

Leave out Clause 4 and insert the following new Clause— “Saving for rights etc. under section 2(1) of the ECA

Moved: Baroness Brown of CambridgeSponsor: Lord Deben, Baroness Bakewell of Hardington Mandeville, Baroness Jones of Whitchurch#9190
NotMovedClause 4AddClauseOrSchedule

Insert the following new Clause— “EU Protocol on animal sentience

Moved: Baroness Jones of Moulsecoomb#9194
NotMovedClause 1EditBillBody

at end insert— Regulations bringing into force subsection (1) may not be made until it is a negotiating objective of Her Majesty’s Government to ensure that the withdrawal agreement provides for—

Moved: Baroness McGregor-SmithSponsor: Lord Alli, Lord Bilimoria, Baroness Verma#9197
WithdrawnClause 5AddClauseOrSchedule

Insert the following new Clause— “Future provisions relating to family friendly employment rights, gender equality and work-life balance for parents and carers

Moved: Baroness Lister of BurtersettSponsor: Baroness Burt of Solihull, Baroness Altmann, Baroness Greengross#9201
NotMovedClause 5EditBillBody

at end insert “except in so far as the Charter is a necessary part of retained EU law ”

Moved: Lord Faulks#9221
NotMovedClause 3EditBillBody

at end insert— For the purposes of this section, Article 168 of the Treaty on the Functioning of the European Union, so far as it requires a Minister of the Crown or a public authority to have regard to the principle that a high level of human health protection must be ensured in the definition and implementation of all policies and activities, is deemed to be direct EU legislation operative immediately before exit day, and therefore it forms part of retained EU law.”

Moved: Lord WarnerSponsor: Lord Hunt of Kings Heath, Baroness Jolly, Baroness Finlay of Llandaff#9223
WithdrawnClause 4AddClauseOrSchedule

Insert the following new Clause— “Maintenance of rights in the area of family law

Moved: Baroness Kennedy of The Shaws#9271
NotMovedClause 1EditBillBody

After “participating in” insert “the EEA Agreement and”

Moved: Baroness VermaSponsor: Lord Alli, Baroness McGregor-Smith#9281
WithdrawnClause 5AddClauseOrSchedule

Insert the following new Clause— “Public health protection

Moved: Lord WarnerSponsor: Lord Hunt of Kings Heath, Baroness Jolly, Baroness Finlay of Llandaff#9282
NotMovedClause 3AddClauseOrSchedule

After “(e) environmental standards and protection” insert— human rights protection.”

Moved: Lord Low of Dalston#9283

3rd reading — Lords 13

WithdrawnClause 4AddClauseOrSchedule

Insert the following new Clause— “Public health

Moved: Baroness Finlay of LlandaffSponsor: Baroness Jolly, Lord Hunt of Kings Heath#9684
WithdrawnClause 8EditBillBody

at end insert— Without prejudice to subsections (1) to (5) above, if and to the extent that the status of retained EU law is relevant for any other purpose—

Moved: Lord PannickSponsor: Baroness Taylor of Bolton, Lord Norton of Louth, Lord Beith#9687
AgreedClause 8EditBillBody

after “legislation” insert “so far as it is”

Moved: Lord Callanan#9691
AgreedClause 8EditBillBody

after “5(2)” insert “or (4)(a)”

Moved: Lord Callanan#9692
AgreedClause 8EditBillBody

after “10(2)” insert “or (4)(a)”

Moved: Lord Callanan#9693
AgreedClause 8EditBillBody

after “legislation” insert “so far as it is”

Moved: Lord Callanan#9694
AgreedSchedule 3EditBillBody

at end insert— In subsection (9), leave out “and (8)” and insert “, (8) and (8L)”.”

Moved: Lord Callanan#9695
AgreedSchedule 3EditBillBody

at end insert “, and in subsection (7)(a), omit “, (b)”.”

Moved: Lord Callanan#9696
AgreedSchedule 7EditBillBody

leave out “that requires” and insert “for”

Moved: Lord Callanan#9697
AgreedSchedule 7EditBillBody

after “Act” insert “(and, accordingly, references in this Schedule to an instrument containing regulations are to be read as references to an instrument containing (whether alone or with other provision) regulations)”

Moved: Lord Callanan#9698
AgreedClause 3AddClauseOrSchedule

Insert the following new Clause— “Maintenance of EU environmental principles and standards

Moved: Lord KrebsSponsor: Baroness Jones of Whitchurch, Baroness Bakewell of Hardington Mandeville, Lord Deben#9700
NotMovedSchedule 3EditBillBody

leave out paragraph (b) and insert— explains how the principles set out in the communiqué of the Joint Ministerial Committee (European Negotiations) published on 16 October 2017 have been taken into account during the reporting period,”

Moved: Lord Wallace of Tankerness#9703
WithdrawnClause 15EditBillBody

at end insert— A Minister of the Crown will not normally lay a draft as mentioned in subsection (3) without a consent decision having been made under subsection (5)(a).”

Moved: Lord Thomas of Gresford#9707