UK Parliament / Open data

European Union (Withdrawal) Bill

Lords committee stage fourth day. Amendment to clause 5 debated and withdrawn. Other amendments not moved. Clause 5 agreed to. New clause debated and withdrawn. Amendments to schedule 1 debated and withdrawn. Other amendments not moved. Schedule 1 agreed to. Part 2 of 2.

About these Parliamentary proceedings

Reference

789 cc911-982 

Session

2017-19

Legislative stage

Committee stage

Procedure

New clauses

Chamber / Committee

House of Lords chamber
European Union (Withdrawal) Bill 2017-19. Brought from the Commons.
Thursday, 18 January 2018
Bills
House of Lords
European Union (Withdrawal) Bill. Constitution Committee (HL) ninth report.
Wednesday, 24 January 2018
Parliamentary committees
House of Lords
Delegated Powers and Regulatory Reform Committee twelfth report.
Wednesday, 31 January 2018
Parliamentary committees
House of Lords
European Union (Withdrawal) Bill
Monday, 5 March 2018
Parliamentary proceedings
House of Lords

Proceeding contributions

Baroness Massey of Darwen | 789 c912 (Link to this contribution)

Moved by

Baroness Massey of Darwen

37: Clause 5, page 3, line 21, at end insert “exce...

Baroness Massey of Darwen | 789 c912 (Link to this contribution)

My Lords, Amendment 37 focuses on the protection, welfare and rights of children once the UK is n...


Show all contributions (135)
Baroness Massey of Darwen | 789 cc912-4 (Link to this contribution)

I apologise if there are no microphones, although it is not my fault. There has been little effor...

Earl of Dundee | 789 cc914-5 (Link to this contribution)

My Lords, in connection with EU withdrawal, and as already intimated, there are perhaps two key a...

Baroness Lister of Burtersett | 789 cc915-7 (Link to this contribution)

My Lords, I will speak to Amendment 70, in my name, supported by the noble Lords, Lord Storey and...

Baroness Greengross | 789 cc917-9 (Link to this contribution)

My Lords, I will speak to Amendments 38, 39 and others regarding the rights of participation of c...

Lord Wigley | 789 c919 (Link to this contribution)

My Lords, I have added my name to Amendment 37 and I associate myself strongly with the words of ...

Lord Judd | 789 cc919-920 (Link to this contribution)

My Lords, I rise to support these amendments very strongly. One of the sadnesses of recent social...

Baroness Meacher | 789 cc920-1 (Link to this contribution)

My Lords, I rise to speak to speak to Amendments 68, 97 and 158, all of which would ensure that f...

Baroness Tyler of Enfield | 789 cc921-2 (Link to this contribution)

My Lords, I rise to lend my support to this group of amendments on children’s rights and to brief...

Lord Foulkes of Cumnock | 789 c922 (Link to this contribution)

My Lords, I have one brief question that I would like the Minister to answer. Most of the debate ...

Lord Foulkes of Cumnock | 789 c923 (Link to this contribution)

The author is the noble Lord, Lord Foulkes of Cumnock. This was approved unanimously by the appro...

Lord Russell of Liverpool | 789 cc923-4 (Link to this contribution)

My Lords, I have my name to Amendments 37 and 70, and declare my interest as a trustee of the cha...

Baroness Ludford | 789 c924 (Link to this contribution)

I think I heard the noble Lord refer to prisoners’ votes. That was the judgment of the Strasbourg...

Lord Russell of Liverpool | 789 c924 (Link to this contribution)

I thank the noble Baroness for that intervention. All I would say is that the discussion I heard ...

Lord Russell of Liverpool | 789 cc924-5 (Link to this contribution)

That committee was chaired by Sir William Cash and included a certain Member for the 18th century...

Lord Brown of Eaton-under-Heywood | 789 cc925-6 (Link to this contribution)

My Lords, I too strongly support the rights of children. Indeed, I support the rights of the elde...

Baroness Massey of Darwen | 789 c926 (Link to this contribution)

I have a number of case studies on these issues, which I will show the noble and learned Lord. Ch...

Lord Brown of Eaton-under-Heywood | 789 c926 (Link to this contribution)

I would be extremely obliged to the noble Baroness if she would put these cases clearly and crisp...

Baroness Lister of Burtersett | 789 c927 (Link to this contribution)

The noble and learned Lord may remember that in my speech, which was about the UN convention rath...

Lord Brown of Eaton-under-Heywood | 789 c927 (Link to this contribution)

I was going to come specifically to that case but, as I understand it, it was put forward not as ...

Lord Berkeley of Knighton | 789 c928 (Link to this contribution)

My Lords, I certainly would not attempt to trade cudgels with the noble and learned Lord but Amen...

Baroness Deech | 789 c928 (Link to this contribution)

My Lords, my noble and learned friend Lord Brown is of course right. There is a simple propositio...

Baroness Sherlock | 789 cc928-931 (Link to this contribution)

My Lords, this has been an interesting and important debate and one that was much needed. As my n...

Lord Callanan | 789 cc930-2 (Link to this contribution)

My Lords, I am grateful that the important issue of children’s rights has been raised. I thank no...

Lord Wigley | 789 c932 (Link to this contribution)

The Minister referred to Wales, Scotland and Northern Ireland having devolved competence. Can he ...

Lord Callanan | 789 cc933-5 (Link to this contribution)

I will come on the noble Lord’s question shortly and answer him directly. None of this extensive ...

Baroness Massey of Darwen | 789 cc935-6 (Link to this contribution)

My Lords, I thank the Minister for his reply. We have had an excellent debate on children’s right...

Baroness Lister of Burtersett | 789 c936 (Link to this contribution)

Moved by

Baroness Lister of Burtersett

40: After Clause 5, insert the following new C...

Baroness Lister of Burtersett | 789 cc936-9 (Link to this contribution)

My Lords, this amendment stands in my name and those of the noble Baronesses, Lady Altmann, Lady ...

Baroness Burt of Solihull | 789 cc939-940 (Link to this contribution)

My Lords, I support this small suite of amendments, to which I have added my name. We have heard ...

Baroness Manzoor | 789 c940 (Link to this contribution)

Can the noble Baroness explain where the evidence is that we will be reaching for the bottom in e...

Baroness Burt of Solihull | 789 c940 (Link to this contribution)

I am grateful to the noble Baroness for her question. As I have just outlined, my concern is that...

Baroness Manzoor | 789 c940 (Link to this contribution)

With due respect, that does not affect what we are doing with equality and human rights legislati...

Baroness Burt of Solihull | 789 cc940-1 (Link to this contribution)

What I am concerned about is the general direction of movement that is being mooted in certain qu...

Lord True | 789 c941 (Link to this contribution)

My Lords, I fear I must intervene at this point, having been restrained a little earlier. I did h...

Lord True | 789 c941 (Link to this contribution)

The noble Lord has spoken a great deal in the past few days; I would like to continue my remarks,...

Lord Pannick | 789 c941 (Link to this contribution)

Does the noble Lord accept that a great deal of the progress that we have made—for example, on ge...

Lord True | 789 c941 (Link to this contribution)

I do not necessarily accept that at all. I do not think that the progress of—

Baroness Crawley | 789 c941 (Link to this contribution)

Why has the noble Lord singled out this set of amendments to be, in an ideal world, debated in a ...

Lord True | 789 cc942-3 (Link to this contribution)

I did not make that suggestion, and the record will show it. I was coming to make some suggestion...

Lord Davies of Stamford | 789 c943 (Link to this contribution)

I am grateful to the noble Lord. He has been implying—rather more than implying—that noble Lords ...

Lord True | 789 c943 (Link to this contribution)

My Lords, I could well be tempted and I suppose that it depends on how quickly you can see paint ...

Baroness Drake | 789 cc943-6 (Link to this contribution)

My Lords, I rise to speak to Amendments 89A, 129A and 157A in the group and I thank the noble Bar...

Baroness Altmann | 789 cc946-7 (Link to this contribution)

My Lords, I support Amendments 40, 89A, 129A and 157A, to which I have added my name. I am gratef...

Lord True | 789 c947 (Link to this contribution)

I have made it absolutely clear that I consider these to be important issues. The points I made w...

Baroness Altmann | 789 cc947-8 (Link to this contribution)

I am most reassured to hear my noble friend’s words, but it is unfortunate that that issue was ra...

Baroness Crawley | 789 cc948-9 (Link to this contribution)

My Lords, I support the amendments in the names of my noble friends Lady Lister and Lady Drake. W...

Baroness Greengross | 789 c949 (Link to this contribution)

My Lords, I will be very brief. It is true that the UK has often gone further than the EU in prov...

Baroness Gale | 789 cc950-1 (Link to this contribution)

My Lords, we have had a really good debate on equality and women’s rights, and I am pleased to su...

Lord Duncan of Springbank | 789 cc951-2 (Link to this contribution)

My Lords, I am grateful to the noble Baronesses, Lady Lister, Lady Altmann, Lady Greengross, Lady...

Baroness Drake | 789 c952 (Link to this contribution)

The Minister’s reference to enforcement is very important. Is he giving an assurance that there a...

Lord Duncan of Springbank | 789 c952 (Link to this contribution)

The noble Baroness will recognise that that is part of a discussion for another time. We have alr...

Lord Wallace of Saltaire | 789 c952 (Link to this contribution)

The Minister just made an extremely significant statement. He will appreciate that part of the pr...

Lord Duncan of Springbank | 789 c953 (Link to this contribution)

I hope I can put the noble Lord’s mind at rest.

It is important that we recognise how these...

Baroness Ludford | 789 c953 (Link to this contribution)

If that is the case, and we are all very impressed by this unexpected and thorough assurance from...

Lord Duncan of Springbank | 789 c953 (Link to this contribution)

The noble Baroness makes an interesting point as to why people have not been able to hear these p...

Baroness Lister of Burtersett | 789 c953 (Link to this contribution)

My Lords, I am grateful to noble Lords who have spoken from across the Committee in support of th...

Lord True | 789 c954 (Link to this contribution)

I will rise to the bait. It is clear that one is going to be characterised and monstered, but the...

Baroness Lister of Burtersett | 789 c954 (Link to this contribution)

As some of my noble friends have said, it is odd that it is this amendment, when we are talking a...

Baroness Lister of Burtersett | 789 c954 (Link to this contribution)

I think I should carry on. The noble Lord asked a question, to which the noble Baroness, Lady Alt...

Baroness Bowles of Berkhamsted | 789 c954 (Link to this contribution)

Moved by

Baroness Bowles of Berkhamsted

40ZA: Schedule 1, page 16, line 12, at end in...

Baroness Bowles of Berkhamsted | 789 cc955-6 (Link to this contribution)

My Lords, I have tabled three amendments in this group, and signed two others. What links them is...

Lord Wallace of Tankerness | 789 cc956-7 (Link to this contribution)

My Lords, I shall speak to the amendment in the name of the noble Lord, Lord Foulkes of Cumnock, ...

Lord Pannick | 789 cc957-8 (Link to this contribution)

My Lords, I have a similar question for the Minister. In paragraph 1(1) of Schedule 1, we are tol...

Lord Faulks | 789 c958 (Link to this contribution)

Would the noble Lord agree that proportionality now seems to be part of UK law, notwithstanding w...

Lord Pannick | 789 c958 (Link to this contribution)

I do not think that the courts have accepted that proportionality can be a challenge by way of ju...

Lord Mackay of Clashfern | 789 c958 (Link to this contribution)

Are these questions affected by the proposal to make this particular branch of law statutory? In ...

Lord Pannick | 789 c958 (Link to this contribution)

The noble and learned Lord is absolutely right. If retained EU law were to be categorised as prim...

Lord Goldsmith | 789 cc958-9 (Link to this contribution)

My Lords, that short exchange has demonstrated how complicated this area is and how important the...

Lord Goldsmith | 789 c960 (Link to this contribution)

If the noble Lord will allow me to make this point, he can then, of course, intervene. If one loo...

Lord Faulks | 789 c960 (Link to this contribution)

When we were having the debate about the charter, I specifically asked the noble and learned Lord...

Lord Goldsmith | 789 cc960-1 (Link to this contribution)

I am grateful for the question, because it enables me to clarify that point. There are two sorts ...

Lord Keen of Elie | 789 cc961-2 (Link to this contribution)

My Lords, I thank noble Lords for their brevity.

Amendment 40ZA, in the name of the noble B...

Lord Beith | 789 c962 (Link to this contribution)

Can the noble and learned Lord envisage the circumstances in which such regulations would be made...

Lord Keen of Elie | 789 c962 (Link to this contribution)

With respect, it is a precautionary power and it is intended that, where the circumstances arise,...

Lord Pannick | 789 c962 (Link to this contribution)

Perhaps I may suggest to the Minister a circumstance in which this might arise. The day after exi...

Lord Keen of Elie | 789 cc962-3 (Link to this contribution)

I fully acknowledge that that is most certainly a circumstance that could arise. Of course, one m...

Lord Goldsmith | 789 c963 (Link to this contribution)

Leaving aside Article 191—we can argue about that and there is a decision that appears to demonst...

Baroness Ludford | 789 cc963-4 (Link to this contribution)

So that the Minister does not have to bob up and down, may I also ask him a question? He talked a...

Lord Keen of Elie | 789 c964 (Link to this contribution)

The noble Baroness is confusing two distinct issues. The Bill is about the retention in domestic ...

Lord Wallace of Tankerness | 789 c964 (Link to this contribution)

Is that not part of the point? An expectation has been built up by what has been said—that, on Br...

Lord Keen of Elie | 789 c964 (Link to this contribution)

They will have rights but they may not have the same remedy, but that is quite distinct. We are t...

Lord Goldsmith | 789 c964 (Link to this contribution)

Does the noble and learned Lord accept that Mr Walker would not have the same rights? Those are r...

Lord Keen of Elie | 789 c965 (Link to this contribution)

No, I do not accept that. I certainly do not accept that that is the position under reference to ...

Lord Keen of Elie | 789 c965 (Link to this contribution)

As the noble and learned Lord rises to his feet I am reminded of his reference to whether paragra...

Lord Wallace of Tankerness | 789 c965 (Link to this contribution)

Perhaps I may explore that with the noble and learned Lord. The point I was making was that if th...

Lord Keen of Elie | 789 c966 (Link to this contribution)

In the event that an Act of the Scottish Parliament was enacted beyond the competence of the Parl...

Lord Wallace of Tankerness | 789 c966 (Link to this contribution)

Let me see if I can make it a bit clearer.

Lord Keen of Elie | 789 c966 (Link to this contribution)

I am quite prepared to discuss the point with the noble and learned Lord because it may be that w...

Baroness Bowles of Berkhamsted | 789 c966 (Link to this contribution)

I thank the noble and learned Lord for his response and all noble and noble and learned Lords who...

Lord Davies of Stamford | 789 c966 (Link to this contribution)

Moved by

Lord Davies of Stamford

43: Schedule 1, page 16, line 27, leave out paragrap...

Lord Davies of Stamford | 789 cc966-9 (Link to this contribution)

My Lords, it is not easy to generate a great deal of excitement at this time of night about an it...

Lord Faulkner of Worcester | 789 c969 (Link to this contribution)

My Lords, I must advise the Committee that if this amendment were agreed to, I would be unable to...

Lord Carlile of Berriew | 789 cc969-970 (Link to this contribution)

My Lords, for those of us who have real enjoyment in the law, a nice bit of law at three minutes ...

Lord Carlile of Berriew | 789 cc970-1 (Link to this contribution)

I always listen with great respect to the Government Chief Whip, especially when he sympathetical...

Lord Faulks | 789 c971 (Link to this contribution)

One of the points I was going to make concerned the continued role of the ECJ, but while I am on ...

Lord Carlile of Berriew | 789 cc971-2 (Link to this contribution)

No, I would not go so far as the latter part of the speech of the noble Lord, Lord Davies. I reco...

Baroness Altmann | 789 cc972-3 (Link to this contribution)

My Lords, I support Amendment 43, moved by the noble Lord, Lord Davies, and supported by the nobl...

Lord Foster of Bath | 789 cc973-5 (Link to this contribution)

My Lords, I have added my name to Amendment 43, and I support Amendments 44 and 45. I begin by di...

Lord Carlile of Berriew | 789 c975 (Link to this contribution)

I have two questions for the Minister. First, will he accept that the right to damages under the ...

Lord Lucas | 789 c975 (Link to this contribution)

My Lords, it seems to me that if the Government break the law, they should be judged on the basis...

Lord Leigh of Hurley | 789 c975 (Link to this contribution)

My Lords, I spoke on this subject at Second Reading in respect of the disputes that arose under t...

Lord Goldsmith | 789 cc975-6 (Link to this contribution)

My Lords, I look forward to the answers that the Minister will give to the questions asked by the...

Lord Keen of Elie | 789 c976 (Link to this contribution)

My Lords, I am obliged. Reference has been made to the Francovich principle. I am not sure there ...

Lord Goldsmith | 789 c976 (Link to this contribution)

I have no doubt about what the noble and learned Lord says. So why are they so worried about keep...

Lord Keen of Elie | 789 c976 (Link to this contribution)

I am just about to come on to that. I am obliged to the noble and learned Lord for his patience i...

Lord Davies of Stamford | 789 c977 (Link to this contribution)

The noble Lord, Lord Pannick, dealt with that point. In practice, damages are not usually availab...

Lord Keen of Elie | 789 c977 (Link to this contribution)

With respect, it is not. I have to say to the noble Lord that Francovich damages are a rare remed...

Lord Keen of Elie | 789 c977 (Link to this contribution)

Perhaps I can continue just for a moment. I would begin by looking at the Bill against that backg...

Lord Carlile of Berriew | 789 c977 (Link to this contribution)

I take it from what the noble and learned Lord is saying that he accepts that there are existing ...

Lord Keen of Elie | 789 c977 (Link to this contribution)

I wonder whether the noble Lord could exercise a small degree of patience while I just complete w...

Lord Goldsmith | 789 c977 (Link to this contribution)

Do I take it from that that the Minister will be bringing forward an amendment to correct this?

Lord Keen of Elie | 789 c978 (Link to this contribution)

I am obliged to the noble and learned Lord. As I say, we are addressing that issue, which we reco...

Lord Pannick | 789 c978 (Link to this contribution)

Before the Minister sits down and we all go to bed, I am very puzzled by his suggestion that ther...

Lord Keen of Elie | 789 c978 (Link to this contribution)

That is one example of where a claim for damages would arise in the context of a judicial review....

Lord Pannick | 789 c978 (Link to this contribution)

I do not accept that. It is quite clear, I suggest, that damages under Francovich are provided in...

Lord Keen of Elie | 789 c979 (Link to this contribution)

In response to the noble Lord’s observations, we are dealing in the context of Francovich with th...

Lord Davies of Stamford | 789 c979 (Link to this contribution)

My Lords, I am grateful to everybody who has taken part in this interesting debate. I think that ...

Lord Davies of Stamford | 789 cc979-980 (Link to this contribution)

Yes, not drinking cocoa, indeed—absolutely right.

First of all, I must say that the noble a...

Lord Carlile of Berriew | 789 c981 (Link to this contribution)

Moved by

Lord Carlile of Berriew

48: Clause 6, page 3, line 32, after “Court” insert ...

Lord Carlile of Berriew | 789 c981 (Link to this contribution)

I am grateful to the noble and learned Lord for what he said earlier. It was well worth waiting u...

Lord Faulkner of Worcester | 789 c982 (Link to this contribution)

The noble Lord must move the amendment before he can withdraw it.

Lord Faulkner of Worcester | 789 c982 (Link to this contribution)

It is the property of the Committee until the noble Lord obtains its permission to do so.

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