Moved by
Lord Callanan
That this House do not insist on its Amendment 4, to which the Commons have disagreed for their Reason 4A, and do propose Amendment 4B as an amendment to the Bill, and Amendments 4C to 4E as amendments to its Amendments 9, 161 and 162, in lieu—
4A: Because the Bill already contains sufficient protection for the areas of EU law concerned.
4B: Page 56, line 32, at end insert—
“Affirmative procedure for instruments which amend or revoke subordinate legislation made under section 2(2) of the ECA (including subordinate legislation implementing EU directives)
5CA (1) A statutory instrument which—
(a) is to be made on or after exit day by a Minister of the Crown under a power conferred before the beginning of the Session in which this Act is passed,
(b) is not to be made jointly with any person who is not a Minister of the Crown,
(c) amends or revokes any subordinate legislation made under section 2(2) of the European Communities Act 1972, and
(d) would otherwise be subject to a lower procedure before each House of Parliament and no procedure before any other legislature,
may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(2) Sub-paragraph (1) has effect instead of any other provision which would otherwise apply in relation to the procedure for such an instrument before each House of Parliament but does not affect any other requirements which apply in relation to making, confirming or approving the instrument.
(3) Any provision which—
(a) may be made under the power mentioned in sub-paragraph
(1)(a),
(b) is not provision which falls within sub-paragraph (1)(c), and
(c) is subject to a lower procedure than the procedure provided for by sub-paragraph (1),
may be included in an instrument to which sub-paragraph (1) applies (and is accordingly subject to the procedure provided for by that sub-paragraph instead of the lower procedure).
(4) If a draft of a statutory instrument which—
(a) is to be made on or after exit day by a Minister of the Crown under a power conferred before the beginning of the Session in which this Act is passed,
(b) is not to be made jointly with any person who is not a Minister of the Crown,
(c) amends or revokes any provision, made otherwise than under section 2(2) of the European Communities Act 1972 (whether or not by way of amendment), of subordinate legislation made under that section, and
(d) would otherwise be subject to a lower procedure before each House of Parliament and no procedure before any other legislature,
is laid before, and approved by a resolution of, each House of Parliament, then the instrument is not subject to the lower procedure.
(5) This quotegraph applies to an instrument which is subject to a procedure before the House of Commons only as it applies to an instrument which is subject to a procedure before each House of Parliament but as if the references to each House of Parliament were references to the House of Commons only.
(6) For the purposes of this quotegraph, the order of procedures is as follows (the highest first)—
(a) a procedure which requires a statement of urgency before the instrument is made and the approval of the instrument after it is made to enable it to remain in force,
(b) a procedure which requires the approval of the instrument in draft before it is made,
(c) a procedure not falling within quotegraph (a) which requires the approval of the instrument after it is made to enable it to come into, or remain in, force,
(d) a procedure which provides for the annulment of the instrument after it is made,
(e) a procedure not falling within any of the above paragraphs which provides for the laying of the instrument after it is made,
(f) no procedure.
(7) For the purposes of this quotegraph a power is conferred whether or not it is in force.
(8) References in this paragraph, other than in sub-paragraph (4), to subordinate legislation made under section 2(2) of the European Communities Act 1972—
(a) do not include references to any provision of such legislation which is made (whether or not by way of amendment) otherwise than under section 2(2) of that Act, and
(b) do include references to subordinate legislation made otherwise than under section 2(2) of that Act so far as that legislation is amended by provision made under that section (but do not include references to any primary legislation so far as so amended).
(9) This paragraph is subject to any other provision made by or under this Act or any other enactment.
Enhanced scrutiny procedure for instruments which amend or revoke subordinate legislation under section 2(2) of the ECA (including subordinate legislation implementing EU directives)
5CB (1) This quotegraph applies where, on or after exit day—
(a) a statutory instrument which—
(i) amends or revokes subordinate legislation made under section 2(2) of the European Communities Act 1972, and
(ii) is made under a power conferred before the beginning of the Session in which this Act is passed, or
(b) a draft of such an instrument,
is to be laid before each House of Parliament and subject to no procedure before any other legislature.
(2) The relevant authority must publish, in such manner as the relevant authority considers appropriate, a draft of the instrument at least 28 days before the instrument or draft is laid.
(3) The relevant authority must make a scrutiny statement before the instrument or draft is laid.
(4) A scrutiny statement is a statement—
(a) setting out the steps which the relevant authority has taken to make the draft instrument published in accordance with sub- paragraph (2) available to each House of Parliament,
(b) containing information about the relevant authority’s response to—
(i) any recommendations made by a committee of either House of Parliament about the published draft instrument, and
(ii) any other representations made to the relevant authority about the published draft instrument, and
(c) containing any other information that the relevant authority considers appropriate in relation to the scrutiny of the instrument or draft instrument which is to be laid.
(5) A scrutiny statement must be in writing and must be published in such manner as the relevant authority considers appropriate.
(6) Sub-paragraphs (2) to (5) do not apply if the relevant authority—
(a) makes a statement in writing to the effect that the relevant authority is of the opinion that, by reason of urgency, sub- paragraphs (2) to (5) should not apply, and
(b) publishes the statement in such manner as the relevant authority considers appropriate.
(7) This paragraph does not apply in relation to any laying before each House of Parliament of an instrument or draft instrument where an equivalent draft instrument (ignoring any differences relating to procedure) has previously been laid before both Houses.
(8) This paragraph applies to an instrument which is subject to a procedure before the House of Commons only as it applies to an instrument which is subject to a procedure before each House of Parliament but as if references to each or either House of Parliament, or both Houses, were references to the House of Commons only.
(9) For the purposes of this paragraph—
(a) a power is conferred whether or not it is in force,
(b) the draft instrument published under sub-paragraph (2) need not be identical to the final version of the instrument or draft instrument as laid,
(c) where an instrument or draft is laid before each House of Parliament on different days, the earlier day is to be taken as the day on which it is laid before both Houses, and
(d) in calculating the period of 28 days, no account is to be taken of any time during which—
(i) Parliament is dissolved or prorogued, or
(ii) either House of Parliament is adjourned for more than four days.
(10) Sub-paragraph (8) of paragraph 5CA applies for the purposes of this paragraph as it applies for the purposes of sub-paragraph (1) of that paragraph.
(11) In this quotegraph “the relevant authority” means—
(a) in the case of an Order in Council or Order of Council, the Minister of the Crown who has responsibility in relation to the instrument,
(b) in the case of any other statutory instrument which is not to be made by a Minister of the Crown, the person who is to make the instrument, and
(c) in any other case, the Minister of the Crown who is to make the instrument.
(12) This paragraph is subject to any other provision made by or under this Act or any other enactment.”
Amendment to Lords Amendment 9 (see Bill 212)
4C: After (5)(c) insert—
“(ca) paragraphs 5CA to 5E (affirmative and enhanced scrutiny procedure for, and information about, instruments which amend or revoke subordinate legislation under section 2(2) of the European Communities Act 1972 including subordinate legislation implementing EU directives),”
Amendment to Lords Amendment 161 (see Bill 212)
4D: After 5D(8) insert—
“(8A) Sub-paragraph (8) of paragraph 5CA applies for the purposes of this paragraph as it applies for the purposes of sub-paragraph (1) of that paragraph.”
Amendment to Lords Amendment 162 (see Bill 212)
4E: After 5E(6) insert—
“(6A) Sub-paragraph (8) of paragraph 5CA applies for the purposes of this paragraph as it applies for the purposes of sub-paragraph (1) of that paragraph.”
3.45 pm