With this it will be convenient to discuss the following:
Clause stand part.
Amendment 39, in clause 14, page 8, line 22, 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 14 stand part.
Amendment 12, in clause 18, page 10, line 9, leave out subsection (1).
This amendment would remove the Minister’s power to engage in any conduct in relation to any matter dealt with in the Northern Ireland Protocol, not otherwise authorised by this Act, if the Minister considers it appropriate to do so.
Amendment 42, page 10, line 11, leave out
“the Minister of the Crown considers it appropriate”
and insert “it 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.
Amendment 48, page 10, line 12, after “this Act” insert
“and a motion approving the conduct has been passed by the Northern Ireland Assembly.”
This amendment would subject the exercise of the Minister’s power to engage in conduct in relation to any matter dealt with in the Northern Ireland Protocol that is not otherwise authorised by the Act to a motion approving the conduct in the Northern Ireland Assembly.
Amendment 49, page 10, line 15, at end insert—
“(3) Each Minister of the Crown must have due regard for the principle that the Belfast Agreement, including its subsequent implementation agreements and arrangements, should be protected in all its parts.”
This amendment is based on the fourth point in the Preamble to Northern Ireland Protocol.
Clause 18 stand part.
Amendment 46, in clause 20, page 10, line 32, at end insert—
“But this section may not be brought into force unless it has previously been approved by a resolution of the Northern Ireland Assembly.”
This amendment would prevent the Bill’s proposed departure from the terms of the Northern Ireland Protocol, or from any related provision of the EU withdrawal agreement, in respect of the previously agreed role of the European Court (CJEU) unless clause 20 had first been approved by the Northern Ireland Assembly.
Amendment 13, page 10, line 37, leave out subsection (2)(b).
This amendment would remove the prohibition on a court or tribunal referring any matter to the European Court, where the matter relates to the Northern Ireland Protocol or any related provision of the EU Withdrawal Agreement, or domestic law relating to the Northern Ireland Protocol or any related provision of the EU Withdrawal Agreement, given that subsection (4) would give ministers the power to make regulations regarding references on a question of interpretation of EU law to be made by Courts and Tribunals.
Amendment 43, page 10, line 38, 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 20 stand part.