1 House of Commons NOTICES OF AMENDMENTS given up to and including Tuesday 29 October 2019 New Amendments handed in are marked thus Amendments which will comply with the required notice period at their next appearance COMMITTEE EUROPEAN UNION (WITHDRAWAL AGREEMENT) BILL NOTE This document includes all amendments tabled to date and includes any withdrawn amendments at the end. The amendments have been arranged in the order in which they relate to the Bill. Mr Chris Leslie Anna Soubry Tom Brake Mike Gapes 1 Clause 1,page2, line 43, at end insert— “(5A) A Minister of the Crown must publish a report on the day following the day on which the European Union (Withdrawal Agreement) Act 2019 is passed setting out the application of the jurisdiction of the Court of Justice of the European Union during the implementation period.” 2 Committee: 29 October 2019 European Union (Withdrawal Agreement) Bill, continued Mr Chris Leslie Anna Soubry Tom Brake Mike Gapes 2 Clause 1,page2, line 43, at end insert— “(5A) A Minister of the Crown must publish a report on the day following the day on which the European Union (Withdrawal Agreement) Act 2019 is passed setting out the impact and consequences for the United Kingdom economy of— (a) the arrangements proposed for the implementation period, and (b) the arrangements that may apply under a full range of scenarios following the completion of the implementation period.” Nick Thomas-Symonds Jeremy Corbyn Keir Starmer Jenny Chapman Paul Blomfield Mr Nicholas Brown 62 Clause 1,page2, line 43, at end insert— “(5A) A Minister of the Crown must publish a report on the first working day in each month from February 2020 to the month after the end of the implementation period listing the legislative acts of the European Union adopted in the previous month and must make arrangements for a motion to be moved in each House of Parliament relating to each such report within six sitting days of that report being published.” Member’s explanatory statement This amendment would give Parliament the chance to scrutinise Ministers on those laws passed by the European Union during the implementation period which automatically apply in the UK. Nick Thomas-Symonds Jeremy Corbyn Keir Starmer Jenny Chapman Paul Blomfield Mr Nicholas Brown 64 Clause 1,page2, line 43, at end insert— “(5A) A Minister of the Crown must, after having consulted the President of the UK Supreme Court, publish a report on 1 April 2020 setting out how the application of the jurisdiction of the Court of Justice of the European Union has operated during the implementation period.” Member’s explanatory statement This amendment provide Parliament with information on the operation of the jurisdiction of the Court of Justice of the European Union in the implementation period prior to it being extended. Committee: 29 October 2019 3 European Union (Withdrawal Agreement) Bill, continued Nick Thomas-Symonds Jeremy Corbyn Keir Starmer Jenny Chapman Paul Blomfield Mr Nicholas Brown 63 Clause 2,page4, line 42, at end insert— “(2) A Minister of the Crown must publish a report on the first working day in each month from February 2020 to the month after the end of the implementation period listing the legislative acts of the European Union adopted in the previous month which affect matters within the devolved legislative competence of any of the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly and must, after consulting the Presiding Officers of each of those devolved legislatures, make arrangements for a motion to be moved in each House of Parliament relating to each such report within twelve sitting days of that report being published.” Member’s explanatory statement This amendment would give Parliament the chance to scrutinise Ministers on those laws passed by the European Union during the implementation period which are within devolved competence. Paul Blomfield Jeremy Corbyn Keir Starmer Jenny Chapman Nick Thomas-Symonds Mr Nicholas Brown Christine Jardine Hywel Williams Liz Saville Roberts Jonathan Edwards Ben Lake Caroline Lucas Stuart C. McDonald 16 Clause 7,page9, line 36, leave out from beginning to “may” in line 42 on page 10 and insert— “(1) This section applies to— (a) European Union citizens having the right to reside permanently in the UK according to Article 15 (“Rights of permanent residence”) of the Withdrawal Agreement; (b) persons to whom the provisions in (a) does not apply but who are eligible for indefinite leave to remain or limited leave to enter or remain by virtue of residence scheme immigration rules (see section 17).”. (2) A person under subsection (1) has the rights and obligations provided in Article 12 and Title II Part II ‘Citizens’ Rights’ of the Withdrawal Agreement. (3) The Secretary of State must by regulations make provision— (a) implementing article 18(4) of the withdrawal agreement (right of eligible citizens to receive a residence document), including making provision for a physical document providing proof of residence; (b) implementing article 17(4) of the EEA EFTA separation agreement (right of eligible citizens to receive a residence document) including making provision for a physical document providing proof of residence; (c) implementing article 16(4) of the Swiss citizens’ rights agreement (right of eligible citizens to receive a residence document). 4 Committee: 29 October 2019 European Union (Withdrawal Agreement) Bill, continued (4) Nothing in this or any other enactment may be used to implement Article 18(1) of the withdrawal agreement. (5) The power to make regulations under subsection (3)”. Member’s explanatory statement This amendment provides for all EU citizens who are resident in the UK before exit day to have the right of permanent residence, whether or not they have been exercising treaty rights, and makes sure that every person who is entitled to settled status has the same rights. Stuart C. McDonald Tom Brake Mr Chris Leslie Sir Vince Cable Mike Gapes Caroline Lucas Dr Philippa Whitford 4 Clause 7,page9, line 36, leave out from “Crown” to end of Clause and insert “must by regulations make provision— (a) implementing article 18(4) of the withdrawal agreement (right of eligible citizens to receive a residence document), including making provision for a physical document; (b) implementing article 17(4) of the EEA EFTA separation agreement (right of eligible citizens to receive a residence document) including making provision for a physical document; and (c) implementing article 16(4) of the Swiss citizens’ rights agreement (right of eligible citizens to receive a residence document).” Member’s explanatory statement This amendment would mean that that EEA and Swiss citizens residing in the UK would automatically have rights under article 18(4) of the withdrawal agreement (and equivalent provisions in the EEA EFTA and Swiss citizens rights agreements) rather than having to apply for them. Jo Swinson Tom Brake Mr Alistair Carmichael Stuart C. McDonald Mr Chris Leslie Mr Dominic Grieve Caroline Lucas Heidi Allen Stella Creasy Mary Creagh Dr Philippa Whitford Mr David Lammy Luciana Berger Mr Sam Gyimah Stephen Doughty Anna Soubry Dr Sarah Wollaston Sir Vince Cable Dr Phillip Lee Chuka Umunna Mike Gapes 5 Clause 7,page10, line 41, at end insert— “(3A) Regulations made under this section may not prevent EEA and Swiss nationals, or their family members, who are resident in the United Kingdom on or prior to 31 December 2020 applying for settled status at any time.” Committee: 29 October 2019 5 European Union (Withdrawal Agreement) Bill, continued Stuart C. McDonald 46 Clause 7,page10, line 41, at end insert— “(3A) Regulations made under this section shall apply to the rights of all persons eligible for leave to enter or remain in the United Kingdom by virtue of residence scheme immigration rules (see section 17) as in force on 23 October 2019 and such other persons as Ministers consider appropriate. (3B) The residence scheme immigration rules (see section 17) may not be amended so as to reduce the range of persons eligible for leave to enter or remain in the United Kingdom by virtue of those rules (other than by primary legislation), but other persons may be added as Ministers consider appropriate.” Member’s explanatory statement These new subsections would ensure that the range of persons entitled under UK law to benefit from the rights set out in the Withdrawal Agreement cannot be reduced except by primary legislation. Paul Blomfield Jeremy Corbyn Keir Starmer Jenny Chapman Nick Thomas-Symonds Mr Nicholas Brown 66 Clause 11,page14, line 2, leave out subsection (1) and insert— “(1) A person may appeal against a citizens’ rights immigration decision to the First- tier Tribunal.” Paul Blomfield Jeremy Corbyn Keir Starmer Jenny Chapman Nick Thomas-Symonds Mr Nicholas Brown 67 Clause 11,page14, line 24, leave out subsections (3) and (4) and insert— “(3) Subject to subsection (4), while an appeal is pending, the person concerned shall be deemed to have all the rights associated with indefinite leave to remain under the residence scheme immigration rules, in particular as concerns residence, employment, access to social security benefits and other services. (4) Subsection (3) does not apply to an appeal against a decision falling within subsection (2)(a) or (c). (4A) “Pending” shall have the same meaning for the purposes of subsections (3) and (4) as in section 104 of the Nationality, Immigration and Asylum Act 2002.” 6 Committee: 29 October 2019 European Union (Withdrawal Agreement) Bill, continued Stuart C. McDonald 65 Clause 11,page14, line 25, leave out “(including judicial reviews)” Member’s explanatory statement This amendment would remove the power being provided to ministers to make regulations about judicial review of certain immigration decisions. Jo Swinson Tom Brake Mr Alistair Carmichael Stuart C.