Article 50 Bill - Labour Lords frontbench amendments

European Union (Notification of Withdrawal) Bill:

• Overview of House of Lords stages of the Bill
• Overview of Labour Lords frontbench amendments
• Quotes from Baroness Smith of Basildon & Baroness Dianne Hayter
• Appendix 1: amendments as tabled

Next stages for the ‘Article 50’ Bill in the House of Lords and beyond

Second Reading: Monday 20^th February (from 3pm until late) and Tuesday 21^st February (from 11am until late). As of today (9^th February) the numbers of Peers signed up to speak is over 150, with an expectation that this will rise further. No vote expected, and such votes in the Lords – on a Bill’s principle - are highly unusual.

Committee stage – two days: Monday 27^th February and Wednesday 1^st March. As of today, the Lords Public Bill Office have begun to accept prospective Committee Stage amendments. These will be public from tomorrow (Friday 10^th February). Votes at this stage of a Bill have become rare in the past few years, but remain possible.

Report stage and Third Reading – both taking place on Tuesday 7^th March. Report stage is when votes in the Lords are most likely.

Commons consideration of Lords amendments – whether government concessions (including those taking place between Committee and Report stages), minor technical changes or voted defeats – would be debated in the days or week following Third Reading, with potential of course for parliamentary ping-pong.

‘A vote in the UK Parliament before any vote in the European Parliament’:

While pleased by the concession announced by Ministers in the Commons, we are disappointed that the government did not bring forward an amendment to confirm a parliamentary vote before the Article 50 deal is put to the European Parliament. We have therefore, tabled an amendment to put that concession on the face of the Bill, thereby providing greater certainty for parliamentarians and public alike.

‘Parliamentary oversight of the negotiations’:

Following the rejection of Labour’s New Clause 3 in the Commons, we have tabled a revised amendment that takes into account points raised during the preceding debate. The new amendment requires quarterly statements rather than bi-monthly reports and makes a clearer distinction between public and confidential documents. The Commons Minister reaffirmed that the government is “resolute that the House will not be at an information disadvantage compared with the European Parliament” and will make “arrangements for scrutiny of confidential documents”. This amendment asks the government to formalise its stated intentions.

‘Guaranteeing the rights of EU and EEA nationals resident in the UK’:

Labour has consistently called for the government to take unilateral action to guarantee the rights of EU and EEA nationals currently legally resident in the UK. Commons Ministers repeated that they cannot guarantee the rights of these nationals in the UK until the negotiations begin. This is not the case, and a recent Lords EU Committee report (Brexit: acquired rights) made it clear that the government has a moral obligation to offer this guarantee. We have therefore, tabled an amendment to this effect.

‘Conduct of the Article 50 negotiations’:

As the government acknowledges in its White Paper, there is a clear national interest in maintaining preferential trade relations with the EU and continuing cooperation with our European neighbours on a broad range of issues, including security, research and protection of the environment. While Ministers have made oral commitments, our amendment to the face of the Bill would require the government to have regard to these areas during the negotiations.

‘Involvement of Scotland, Wales and Northern Ireland’:

There are many areas of EU competence – for example, agriculture and fisheries – directly relating to the responsibilities of the Scottish Parliament, Welsh Assembly and Northern Ireland Assembly. We welcome therefore, the establishment of a Joint Ministerial Committee for EU negotiations. Following the rejection however, of our attempt to place this structure on a statutory basis, this new amendment seeks additional assurances that the views of the devolved nations will be formally considered during the negotiations. 

‘Publication of impact assessments on potential future UK-EU trade models’: 

Following the referendum, it became clear that the government had not undertaken preparatory work for Brexit. The civil service has therefore, been playing catch-up as it seeks to understand potential trade options available to the UK and the economic impact of each one. The Commons rejected Labour calls to publish impact assessments, arguing that this would undermine the UK’s negotiating position. This new amendment however, makes provision to allow access to any documents completed since 23 June 2016 whilst keeping them out of the public domain. 

‘Nuclear collaboration with Euratom’:

The European Atomic Agency Community (Euratom) is the foundation of the UK’s nuclear power sector. This amendment will not prevent us leaving Euratom but require the government to treat this as a separate process from Brexit, allowing the industry time to create new regulatory and safety regimes.  

‘Respect for the Good Friday/Belfast Agreement’:

Brexit will have a major impact on the future relationship between Northern Ireland and the Republic of Ireland, not least around the operation of the land border. This amendment would require the government to have regard to the constitutional, institutional and rights provisions of the Good Friday/Belfast Agreement. 

Quotes:

Labour’s leader in the Lords, Baroness (Angela) Smith of Basildon said:

“The triggering of Article 50 and the huge negotiating and legislating task that will follow involve some of the biggest decisions the UK government and Parliament have had to take in generations. We have to get it right.

“As Labour’s Leader in Lords I have repeatedly said that we will not seek to block or sabotage the start of this process. The Lords, as always, will challenge and scrutinise legislation put before us and if necessary we will pass amendments on issues where we wish the Commons to take another look.

“That is our role as the unelected House, and we will not be cowed by threats of abolition or flooding the place with hundreds of new Tory Peers. The stakes are too high and we will do our duty.”

Labour’s Shadow Brexit Minister in the Lords, Baroness (Dianne) Hayter said:

“With the Article 50 Bill having left the Commons, the Labour Lords frontbench will now seek a number of changes to Bill.

“Our amendments cover parliamentary reporting, the final ‘meaningful’ vote, EU nationals, the devolved parliaments and nuclear collaboration, but the focus is very much on process rather than specifying outcomes from the negotiations.

“While I remain disappointed with the outcome of the referendum, Brexit is happening and we need the best possible deal for our country to both move on and deal with the social and economic aftershocks.”

ends

Appendix 1: Labour Lords frontbench amendments

A vote in the UK Parliament before any vote in the European Parliament:

After Clause 1, insert the following new Clause—

“Parliamentary approval for agreements with the European Union

(1) No Minister of the Crown may conclude an agreement with any institution of the European Union regarding the withdrawal of the United Kingdom under Article 50(2) of the Treaty on European Union until—

(a) the Government has laid a copy of the final draft of the agreement before each House of Parliament, and

(b) each House of Parliament has passed a resolution approving the final draft of the agreement.

(2) The requirements under paragraphs (a) and (b) must also be met where a Minister of the Crown proposes to conclude any separate agreement with the European Union pertaining to the future political and economic relationship between the United Kingdom and the European Union.

(3) In the case of a proposed agreement setting out the arrangements for the withdrawal of the United Kingdom from the European Union, the resolution under subsection (1) must have been passed by each House of Parliament before the proposed terms are agreed with the Commission, with a view to their approval by the European Parliament.”

Parliamentary oversight of the negotiations:

After Clause 1, insert the following new Clause—

“Parliamentary oversight of negotiations

(1) Before exercising the power under section 1(1), the Prime Minister shall give an undertaking to—

(a) make a quarterly statement to both Houses which presents a report relating to the negotiations, with copies of this report made available to relevant committees of Parliament;

(b) lay before each House of Parliament as soon as practicable a copy of any public document relating to the negotiations provided to the European Parliament or its committees by the European Council, Council of the European Union or European Commission;

(c) make arrangements for Members of both Houses of Parliament to review any confidential document relating to the negotiations.”

(2) In this section—

“public document” includes any briefing, conclusions, report or statement issued by the European Council, Council of the European Union or European Commission, or considered at a formal committee meeting or plenary session of the European Parliament;

“confidential document” includes any document issued by the European Council, Council of the European Union, European Commission or European Parliament to the United Kingdom Government which Ministers of the Crown believe would adversely impact on the United Kingdom’s negotiations if it were made publicly available.”

Guaranteeing the rights of EU and EEA nationals resident in the UK:

After Clause 1, insert the following new Clause—

“EU and EEA nationals resident in the United Kingdom

In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must resolve to ensure that citizens of another European Union or European Economic Area country legally resident in the United Kingdom on the date on which this Act comes into force are not disadvantaged in relation to their right to reside and work in the United Kingdom or their potential to acquire such rights in the future.”

Conduct of the Article 50 negotiations:

After Clause 1, insert the following new Clause—

“Conduct of negotiations

Before exercising the power under section 1(1), the Prime Minister must give an undertaking to have regard to the public interest in—

(a) maintaining a stable and sustainable economy,

(b) preserving peace in Northern Ireland,

(c) having trading arrangements with the European Union for goods and services that are free of additional tariffs and non-tariff barriers,

(d) cooperating with the European Union in matters relating to education, health, research and science, environmental protection, the maintenance of domestic security, and the combating of organised crime and terrorist activity, and

(e) maintaining all existing social, economic, consumer and workers’ rights, during negotiations under Article 50(2).”

Involvement of Scotland, Wales and Northern Ireland:

After Clause 1, insert the following new Clause—

“Involvement of Scotland, Wales and Northern Ireland

(1) Before exercising the power under section 1(1), the Prime Minister must publish a document setting out arrangements that have been agreed between the Prime Minister and the devolved administrations for the Secretary of State to—

(a) consult the devolved administrations on the matters referred to in subsection (2),

(b) specify how their views on those matters will be taken into account, and

(c) seek to reach a consensus on those matters.

(2) The matters are—

(a) terms proposed for withdrawal from the European Union (including the initial negotiating position), and

(b) the framework for the United Kingdom’s future relationship with the European Union.

(3) The arrangements referred to subsection (1) must make provision for statements to be published setting out the extent to which consensus has been reached.

(4) The arrangements may make provision for functions to be exercised by Joint Ministerial Committees.

(5) Before concluding an agreement with any institution of the European Union, the Prime Minister must consult the devolved administrations on the terms of any proposed agreements, and specify how their views have been taken into account.

(6) For the purposes of this section, the devolved administrations are—

(a) the Scottish Ministers,

(b) the Welsh Ministers, and

(c) the Executive Committee of the Northern Ireland Assembly.”

Publication of impact assessments on potential future UK-EU trade models:

After Clause 1, insert the following new Clause—

“Impact assessments

(1) The Prime Minster may not give notice under section 1 until—

(a) Any existing impact assessments or economic forecasts relating to the United Kingdom’s future trading relationship with the European Union conducted by HM Treasury, the Department for Exiting the European Union, the Department for International Trade or the Office for Budget Responsibility completed since 23 June 2016 have been laid before Parliament, or

(b) Ministers of the Crown representing the departments in subsection (1)(a) has laid a statement before both Houses of Parliament declaring that no such assessments have been conducted since 23 June 2016.

(2) Where Ministers of the Crown believe publication of assessments in subsection (1)(a) would undermine the negotiating position of the Government in relation to negotiations carried out under Article 50(2) of the Treaty on European Union, suitable confidentiality arrangements shall be made which allow Members of both Houses of Parliament to view such documents.”

Nuclear collaboration with Euratom:

After Clause 1, insert the following new Clause—

“Nuclear Collaboration

(1) Nothing in this Act shall affect the UK’s membership of the European Atomic Agency Community (Euratom).

(2) Notwithstanding the provisions of any other Act, Her Majesty’s Government shall treat the process of leaving Euratom as separate to that of leaving the European Union.”

Respect for the Good Friday/Belfast Agreement:

Clause 1, page 1, line 5, at end insert—

“with the exception of the Northern Ireland Act 1998 and Section 2 of the Ireland Act 1949, and subject to the United Kingdom’s obligations under the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland on 10 April 1998.”