With this it will be convenient to discuss the following:
Amendment 338, in clause 10, page 7, line 14, at end insert—
“(2) But regulations made under Schedule 2 must not be incompatible with the full provisions of the British – Irish Agreement 1998 and the Multi-party agreement (the Belfast/Good Friday Agreement) to which it gives effect, including—
(a) the preservation of institutions set up relating to strands 1, 2 and 3 of the Good Friday Agreement,
(b) human rights and equality,
(c) the principle of consent, and
(d) citizenship rights.”
This amendment seeks to ensure that the rights provided for under the Belfast/Good Friday Agreement continue to be implemented and are protected.
Clause 10 stand part.
Amendment 307, in schedule 2, page 16, line 12, leave out
“the devolved authority considers appropriate”
and insert “is essential”.
This amendment would limit the power available to a devolved authority to deal with deficiencies in retained EU law arising from withdrawal in such a way that it could only make provision that is essential to that end.
Amendment 209, page 16, line 13, leave out “appropriate” and insert “necessary”.
Amendment 308, page 16, line 18, leave out “they consider appropriate” and insert “is essential”.
This amendment would limit the power available to a Minister of the Crown acting jointly with a devolved authority to deal with deficiencies in retained EU law arising from withdrawal in such a way that they could only make provision that is essential to that end.
Amendment 210, page 16, line 18, leave out “appropriate” and insert “necessary”.
Amendment 166, page 16, line 33, at end insert—
“(6) Sub-paragraph (4)(b) does not apply to regulations made under this Part by the Scottish Ministers or the Welsh Ministers.”
This amendment would include the power to confer a power to legislate among the powers of the Scottish Ministers and Welsh Ministers to make regulations under Part 1 of Schedule 2 to fix problems in retained EU law arising from withdrawal, in line with a Minister of the Crown’s powers under Clause 7.
Amendment 211, page 17, line 1, leave out paragraph 3.
Amendment 167, page 17, line 9, at end insert—
“(3) This paragraph does not apply to regulations made under this Part by the Scottish Ministers or the Welsh Ministers.”
This amendment would provide that the power of the Scottish Ministers and the Welsh Ministers to make regulations under Part 1 of Schedule 2 extends to amending directly applicable EU law incorporated into UK law, in line with a Minister of the Crown’s power in Clause 7.
Amendment 168, page 17, line 13, at end insert—
“(2) This paragraph does not apply to regulations made under this Part by the Scottish Ministers or the Welsh Ministers.”
This amendment would provide that the power of the Scottish Ministers and the Welsh Ministers to make regulations under Part 1 of Schedule 2 includes the power to confer functions which correspond to functions to make EU tertiary legislation, in line with a Minister of the Crown’s power in Clause 7.
Amendment 169, page 17, line 20, at end insert—
“(2) This paragraph does not apply to regulations made under this Part by the Scottish Ministers or the Welsh Ministers.
Requirement for consultation in certain circumstances
5A No regulations may be made under this Part by the Scottish Ministers or the Welsh Ministers acting alone so far as the regulations—
(a) are to come into effect before exit day, or
(b) remove (whether wholly or partly) reciprocal arrangements of the kind mentioned in section 7(2)(c) or (e),
unless the regulations are, to that extent, made after consulting with a Minister of the Crown.”
This amendment would replace the requirement for consent from a Minister of the Crown for regulations made by Scottish Ministers or Welsh Ministers in fixing problems in retained EU law that arise from withdrawal if they come into force before exit day or remove reciprocal arrangements with a requirement for Scottish Ministers and Welsh Ministers to consult with a Minister of the Crown before making the regulations.
Amendment 135, page 20, line 18, leave out paragraph 10.
This amendment is intended to remove the proposed restriction in the Bill on devolved authorities modifying retained direct EU legislation etc.
Amendment 322, page 20, line 25, after “Crown”, insert
“and excluding any provision that could be made under paragraph 7(2) of Schedule 7B to the Government of Wales Act 2006”.
This amendment, and Amendments 323, 324 and 325, would prevent the Welsh Ministers from using powers proposed in the Bill (to deal with deficiencies in retained EU law arising from withdrawal) to amend the Government of Wales Act 2006.
Amendment 323, page 20, line 41, after “5”, insert “or”.
This amendment, and Amendments 322, 324 and 325, would prevent the Welsh Ministers from using powers proposed in the Bill (to deal with deficiencies in retained EU law arising from withdrawal) to amend the Government of Wales Act 2006.
Amendment 324, page 20, line 41, leave out “or 7”.
This amendment, and Amendments 322, 323 and 325, would prevent the Welsh Ministers from using powers proposed in the Bill (to deal with deficiencies in retained EU law arising from withdrawal) to amend the Government of Wales Act 2006.
Amendment 325, page 20, line 43, at end insert—
“(f) the provision does not modify the Government of Wales Act 2006.”
This amendment, and Amendments 322, 323 and 324, would prevent the Welsh Ministers from using powers proposed in the Bill (to deal with deficiencies in retained EU law arising from withdrawal) to amend the Government of Wales Act 2006.
Amendment 309, page 21, line 38, leave out
“the devolved authority consider appropriate”
and insert “is essential”.
This amendment would limit the power available to a devolved authority to prevent or remedy a breach of international obligations in such a way that it can only make provision that is essential to that end.
Amendment 212, page 21, line 39, leave out “appropriate” and insert “necessary”.
Amendment 310, page 21, line 43, leave out “they consider appropriate” and insert “is essential”.
This amendment would limit the power available to a Minister of the Crown acting jointly with a devolved authority to prevent or remedy a breach of international obligations in such a way that they could only make provision that is essential to that end.
Amendment 213, page 21, line 43, leave out “appropriate” and insert “necessary”.
Amendment 287, page 22, line 9, after “or revoke”, insert
“, or otherwise modify the effect of,”.
This amendment would ensure that the restriction in this paragraph could not be undermined by the use of legislation which does not amend the text of the Human Rights Act but modifies its effect.
Amendment 288, page 22, line 10, at end insert “, or
“(f) amend, repeal or revoke, or otherwise modify the effect of, any other law relating to equality or human rights.”
This amendment would broaden the restriction in this subsection to protect all legislation relating to equality and human rights (and not only the Human Rights Act 1998).
Amendment 326, page 22, line 10, at end insert—
“(f) amend, repeal or revoke the Government of Wales Act 2006.”
This amendment would prevent the Welsh Ministers from using powers proposed in the Bill (to comply with international obligations) to amend the Government of Wales Act 2006.
Amendment 170, page 22, line 10, at end insert—
“(4A) Sub-paragraph (4)(d) does not apply to regulations made under this Part by the Scottish Ministers or the Welsh Ministers.”
This amendment would provide that the power of Scottish Ministers and Welsh Ministers to make regulations under Part 2 of Schedule 2 includes the power to confer a power to legislate, aligning those Ministers’ powers to the power of a Minister of the Crown under Clause 8.
Amendment 136, page 22, line 25, leave out paragraph 15.
This amendment is intended to remove the proposed restriction in the Bill on devolved authorities modifying retained direct EU legislation etc.
Amendment 171, page 22, line 32, at end insert—
“(3) This paragraph does not apply to regulations made under this Part by the Scottish Ministers or the Welsh Ministers.”
This amendment would provide that the power of the Scottish Ministers and the Welsh Ministers to make regulations under Part 2 of Schedule 2 extends to amending directly applicable EU law incorporated into UK law. This brings the power into line with the Minister of the Crown power in Clause 8.
Amendment 172, page 23, line 11, at end insert—
“(4) This paragraph does not apply to regulations made under this Part by the Scottish Ministers or the Welsh Ministers.
Requirement for consultation in certain circumstances
16A (1) No regulations may be made under this Part by the Scottish Ministers or the Welsh Ministers acting alone so far as the regulations—
(a) are to come into effect before exit day, or
(b) are for the purpose of preventing or remedying any breach of the WTO Agreement, or
(c) 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.
(2) In sub-paragraph (1)—
“the WTO Agreement” has the meaning given in paragraph 16(2),
“quota arrangements” has the meaning given in paragraph 16(3).”
This amendment would replace the requirement for a Minister of the Crown to consent to regulations made by the Scottish Ministers or the Welsh Ministers to ensure compliance with international obligations if they come into force before exit day or relate to the WTO or quota arrangements, with a requirement for the Scottish Ministers and Welsh Ministers to consult with a Minister of the Crown before making the relevant regulations.
Amendment 311, page 24, line 11, leave out
“the devolved authority considers appropriate”
and insert “is essential”.
This amendment would limit the power available to a devolved authority to implement the withdrawal agreement in such a way that it could only make provision that is essential to that end.
Amendment 214, page 24, line 12, leave out “appropriate” and insert “necessary”.
Amendment 312, page 24, line 16, leave out “they consider appropriate” and insert “is essential”.
This amendment would limit the power available to a Minister of the Crown acting jointly with a devolved authority to implement the withdrawal agreement in such a way that they could only make provision that is essential to that end.
Amendment 215, page 24, line 16, leave out “appropriate” and insert “necessary”.
Amendment 289, page 24, line 32, after “or revoke”, insert
“, or otherwise modify the effect of,”.
This amendment would ensure that the restriction in this paragraph could not be undermined by the use of legislation which does not amend the text of the Human Rights Act but modifies its effect.
Amendment 290, page 24, line 33, at end insert “, or
(h) amend, repeal or revoke, or otherwise modify the effect of, any other law relating to equality or human rights.”
This amendment would broaden the restriction in this subsection to protect all legislation relating to equality and human rights (and not only the Human Rights Act 1998).
Amendment 327, page 24, line 33, at end insert—
“(h) amend, repeal or revoke the Government of Wales Act 2006.”
This amendment would prevent the Welsh Ministers from using powers proposed in the Bill (to implement the withdrawal agreement) to amend the Government of Wales Act 2006.
Amendment 173, page 24, line 33, at end insert—
“(4A) Sub-paragraph (4)(d) does not apply to regulations made under this Part by the Scottish Ministers or the Welsh Ministers.”
This amendment would include the power to confer a power to legislate among the powers of the Scottish Ministers and Welsh Ministers to make regulations under Part 3 of Schedule 2, in line with a Minister of the Crown’s powers under Clause 9.
Amendment 174, page 25, line 11, at end insert—
“(3) This paragraph does not apply to regulations made under this Part by the Scottish Ministers or the Welsh Ministers.”
This amendment would provide that the power of the Scottish Ministers and the Welsh Ministers to make regulations under Part 3 of Schedule 2 extends to amending directly applicable EU law incorporated into UK law, in line with the Minister of the Crown power in Clause 9.
Amendment 175, page 25, line 15, at end insert—
“(2) This paragraph does not apply to regulations made under this Part by the Scottish Ministers or the Welsh Ministers.”
This amendment would provide that the power of the Scottish Ministers and the Welsh Ministers to make regulations under Part 3 of Schedule 2 includes the power to confer functions which correspond to functions to make EU tertiary legislation.
Amendment 176, page 25, line 28, at end insert—
“(3) This paragraph does not apply to regulations made under this Part by the Scottish Ministers or the Welsh Ministers.
Requirement for consultation in certain circumstances
25A (1) No regulations may be made under this Part by the Scottish Ministers or the Welsh Ministers acting alone 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.
(2) In sub-paragraph (1), “quota arrangements” has the meaning given in paragraph 25(2).”
This amendment replaces the requirement for Minister of the Crown consent to regulations made by the Scottish Ministers or the Welsh Ministers to implement the withdrawal agreement if they relate to quota arrangements, with a requirement for the Scottish Ministers and Welsh Ministers to consult with a Minister of the Crown before making the relevant regulations.
Amendment 317, page 25, line 31, at end insert—