With this it will be convenient to discuss the following:
New clause 60—Retention of principles of EU environmental law—
‘(1) On and after exit day the environmental principles of European Union law become principles of United Kingdom law in accordance with this section.
(2) The “environmental principles of EU law” are the principles set out in Article 191 of the Treaty on the Functioning of the European Union (the precautionary principle; the principle that preventive action should be taken; the principle that environmental damage should as a priority be rectified at source and that the polluter should pay).
(3) A court or tribunal interpreting or applying an enactment must, so far as it is possible to do so, construe or apply the enactment in a manner that is compatible with the environmental principles of EU law.
(4) A public authority must, in the exercise of its functions, have regard to the environmental principles of EU law.’
This new clause would ensure that after withdrawal from the EU, the environmental principles of EU law would be retained as part of UK law.
New clause 67—Environmental protection: principles under Article 191 of TFEU—
‘(1) Principles contained in Article 191 of TFEU in relation to environmental protection and listed in subsection (2) shall continue to be recognised and applied on and after exit day.
(2) The principles are—
(a) the precautionary principle as it relates to the environment,
(b) the principle that preventive action should be taken to avert environmental damage,
(c) the principle that environmental damage should as a priority be rectified at source, and
(d) the principle that the polluter should pay.’
This new clause would ensure that environmental principles under Article 191 of the Treaty on the Functioning of the European Union would continue to apply in the UK after exit day.
Amendment 93, in clause 4, page 2, line 45, leave out sub-paragraph (b).
The test set out at Clause 4(1)(a), that such rights are available in domestic law immediately before exit day, is sufficient for those rights to continue to be available following the UK’s exit from the EU.
Amendment 70, page 2, line 47, at end insert—
‘(1A) Rights, powers, liabilities, obligations, restrictions, remedies and procedures under subsection (1) shall include directly effective rights contained in the following Articles of, and Protocols to, the Treaty on the Functioning of the European Union—
| Non-discrimination
on ground of
nationality |
Article
18 |
| Citizenship
rights |
Article
20 (except article
20(2)(c)) |
| Rights
of movement and residence deriving from EU
citizenship |
Article
21(1) |
| Establishes
customs union, prohibition of customs duties, common external
tariff |
Article
28 |
| Prohibition
on customs
duties |
Article
30 |
| Prohibition
on quantitative restrictions on
imports |
Article
34 |
| Prohibition
on quantitative restrictions on
exports |
Article
35 |
| Exception
to quantitative
restrictions |
Article
36 |
| Prohibition
on discrimination regarding the conditions under which goods are
procured |
Article
37(1) and
(2) |
| Free
movement of
workers |
Article
45(1), (2) and
(3) |
| Freedom
of
establishment |
Article
49 |
| Freedom
to provide
services |
Article
56 |
| Services |
Article
57 |
| Free
movement of
capital |
Article
63 |
| Competition |
Article
101(1) |
| Abuse
of a dominant
position |
Article
102 |
| Public
undertakings |
Article
106(1) and
(2) |
| State
aid |
Article
107(1) |
| Commission
consideration of plans re: state
aid |
Article
108(3) |
| Internal
taxation |
Article
110 |
| Non-discrimination
in indirect
taxes |
Articles
111 to
113 |
| Economic
co-operation |
Articles
120 to
126 |
| Equal
pay |
Article
157 |
| European
Investment Bank
(EIB) |
Article
308 (first and second
sub-paragraphs) |
| Combating
fraud on the
EU |
Article
325(1) and
(2) |
| Disclosure
of information and national
security |
Article
346 |
| EIB |
Protocol
5 - Articles 3, 4, 5, 7(1), 13, 15, 18(4), 19(1) and (2), 20(2), 23(1)
and (4), 26, 27 (second and third
sub-paragraphs) |
| Privileges
and immunities of the
EIB |
Protocol
7 - Article
21”. |
Amendment 148, page 2, line 47, at end insert—
‘(1A) Rights, powers, liabilities, obligations, restrictions, remedies and procedures under subsection (1) shall include directly effective rights and obligations contained in the United Nations Convention on the Rights of the Child.”
This amendment would seek to preserve after exit from the EU any rights or obligations arising from the United Nations Convention on the Rights of the Child which applied in UK domestic law by virtue of its membership of the European Union.
Amendment 94, page 3, line 4, leave out paragraph (b).
Clause 4(2)(b) excludes rights arising under EU directives which are not recognised by the courts. This Amendment would remove Clause 4(2)(b) so that rights arising under EU directives (but not yet adjudicated on by the courts) are protected and continue to be available in UK courts.
Amendment 95, page 3, line 9, at end insert—
‘(4) Where, following the United Kingdom’s exit from the EU, no specific provision has been made in respect of an aspect of EU law applying to the UK or any part of the United Kingdom immediately prior to the United Kingdom’s exit from the EU, that aspect of EU law shall continue to be effective and enforceable in the United Kingdom with equivalent scope, purpose and effect as immediately before exit day.
(5) Where, following the United Kingdom’s exit from the EU, retained EU law is found to incorrectly or incompletely transpose the requirements of EU legislation in force on exit day, a Minister of the Crown shall make regulations made subject to an enhanced scrutiny procedure so as to ensure full transposition of the EU legislation.”
New subsection (4) deals with a situation where the UK has incorrectly implemented a directive. In cases of incorrect implementation, reliance on the EU directive may still be necessary. New subsection (5) would ensure that where the UK has not correctly or completely implemented EU law, prior to exit day, there will be a statutory obligation on Ministers to modify UK law to ensure that the relevant EU legislation is correctly and fully implemented.
Clause 4 stand part.
Amendment 149, in clause 7, page 6, line 18, at end insert—
“(g) make any provision which is not compliant with the United Nations Convention on the Rights of the Child.”
This amendment would seek to bar Ministers from making regulations under Clause 7 which are not compliant with the United Nations Convention on the Rights of the Child.
Amendment 350, page 6, line 18, at end insert—
“(g) fail to pay full regard to the welfare requirements of animals as sentient beings.”
This amendment holds Ministers to the animal welfare standards enshrined in Article 13 of the Treaty on the Functioning of the European Union.
Amendment 150, in clause 9, page 7, line 8, at end insert—
“(e) make any provision which is not compliant with the United Nations Convention on the Rights of the Child.”
This amendment would seek to bar Ministers from making regulations under Clause 9 which are not compliant with the United Nations Convention on the Rights of the Child.
New clause 34—United Nations Convention on the Rights of the Child—
‘(1) On exit day and on any day afterwards, a public authority must act in a way which is compatible with—
(a) Part I of the United Nations Convention on the Rights of the Child, and
(b) the Optional Protocols of the UNCRC to which the UK is a signatory state.
(2) So far as it is possible to do so, on exit day and on any day afterwards, primary legislation and subordinate legislation must be read and given effect in a way which is compatible with—
(a) Part I of the United Nations Convention on the Rights of the Child, and
(b) the Optional Protocols of the UNCRC to which the UK is a signatory state.
(3) On exit day and on any day afterwards, a Minister of the Crown must, when exercising any function relating to children, have due regard to the requirements of—
(a) Part I of the United Nations Convention on the Rights of the Child, and
(b) the Optional Protocols of the UNCRC to which the UK is a signatory state.
(4) A Minister of Crown shall undertake and publish a Child Rights Impact Assessment if the function relating to children under subsection (3) entails any of the following—
(a) formulation of a provision to be included in an enactment,
(b) formulation of a new policy, guidance or statement of practice, or
(c) change or review of an existing policy guidance or statement of practice.’
This new clause would require Ministers and public authorities, from exit day onwards, to act in such a way as to comply with the United Nations Convention on the Rights of the Child, and the optional protocols to which the UK is a signatory state.
New clause 36—United Nations Convention on the Rights of the Child (No. 2)—
‘(1) On exit day and on any day afterwards, a public authority must act in a way which is compatible with—
(a) Part I of the United Nations Convention on the Rights of the Child, and
(b) the Optional Protocols of the UNCRC to which the UK is a signatory state.
(2) So far as it is possible to do so, on exit day and on any day afterwards, primary legislation and subordinate legislation must be read and given effect in a way which is compatible with—
(a) Part I of the United Nations Convention on the Rights of the Child, and
(b) the Optional Protocols of the UNCRC to which the UK is a signatory state.
(3) On exit day and on any day afterwards, a Minister of the Crown must, when exercising any function relating to children, have due regard to the requirements of—
(a) Part I of the United Nations Convention on the Rights of the Child, and
(b) the Optional Protocols of the UNCRC to which the UK is a signatory state.’
This new clause would require Ministers and public authorities, from exit day onwards, to act in such a way as to comply with the United Nations Convention on the Rights of the Child, and the optional protocols to which the UK is a signatory state.
New clause 28—General Environmental Principles—
‘(1) In carrying out their duties and functions arising by virtue of this Act, public authorities must have regard to and apply the principles set out in this section.
(2) Any duty or function conferred on a public authority must be construed and have effect in a way that is compatible with the principles in this section and the aim of achieving a high level of environmental protection and improvement of the quality of the environment.
(3) The principles in this section are—
(a) the need to promote sustainable development in the UK and overseas;
(b) the need to contribute to preserving, protecting and improving the environment;
(c) the need to contribute to prudent and rational utilisation of natural resources;
(d) the need to promote measures at international level to deal with regional or worldwide environmental problems, and in particular combating climate change;
(e) the precautionary principle as it relates to the environment;
(f) the principle that preventive action should be taken to avert environmental damage;
(g) the principle that environmental damage should as a priority be rectified at source;
(h) the polluter pays principle;
(i) the principle that environmental protection requirements must be integrated into the definition and implementation of policies and activities, in particular with a view to promoting sustainable development.
(j) the need to guarantee participatory rights including access to information, public participation in decision making and access to justice in relation to environmental matters.
(together the “environmental principles“).
(4) In carrying out their duties and functions, public authorities shall take account of—
(a) available scientific and technical data;
(b) environmental benefits and costs of action or lack of action; and
(c) economic and social development.
(5) Public authorities, shall when making proposals concerning health, safety, environmental protection and consumer protection policy, take as a base a ·high level of protection, taking account in particular of any new development based on scientific facts.
(6) Subsection (7) applies in any proceedings in which a court or tribunal determines whether a provision of primary or subordinate legislation is compatible with the environmental principles.
(7) If the court is satisfied that the provision is incompatible with the environmental principles, it may make a declaration of that incompatibility.
(8) In formulating and implementing agriculture, fisheries, transport, research and technological development and space policies, public authorities shall pay full regard to the welfare requirements of animals as sentient beings, while respecting the administrative provisions and customs relating in particular to religious rites, cultural traditions and regional heritage.’
This new clause ensures that public authorities carrying out their duties arising by virtue of this act, must have regard to environmental principles currently enshrined in EU law.