Conduct of negotiations

Part of European Union (Notification of Withdrawal) Bill – in the House of Commons at 12:53 pm on 8 February 2017.

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Photo of Eleanor Laing Eleanor Laing Deputy Speaker (First Deputy Chairman of Ways and Means), First Deputy Chairman of Ways and Means 12:53, 8 February 2017

With this it will be convenient to discuss the following:

New clause 7—Conduct of negotiations—anti-tax haven—

“(1) In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the public interest in maintaining all existing EU tax avoidance and evasion legislation.

(2) In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of Crown must comply with the European Union Code of Conduct on Business Taxation.”

This new clause sets out the government’s commitment to observe the Code of Conduct on business taxation to prevent excessive tax competition and lays out the statutory objectives that the Government must have regard to EU tax avoidance and evasion whilst carrying out negotiations under article 50.

New clause 11—Tariff-free trade in goods and services—

“In the event of the exercise of the power in Section 1, Her Majesty’s Government shall seek a new Treaty between the United Kingdom and the European Union on tariff-free trade in goods and services.”

This new clause would ensure that, in the event of the exercise of the power in Section 1, Her Majesty’s Government shall seek a new Treaty between the United Kingdom and the European Union on tariff-free trade in goods and services rather than withdraw from the European Union with no alternative objective.

New clause 13—Transitional arrangements—

“Her Majesty’s Government shall seek a transitional trading agreement between the United Kingdom and the European Union as part of the negotiations following notification under section 1.”

This new clause would make it an objective for HM Government to secure a transitional approach towards new trading relationships with the EU Member States following the end of the Article 50 notification and negotiation period.

New clause 15—Visa-free travel—

“On the exercise of the power in section 1, Her Majesty’s Government shall endeavour to maintain the visa policy in operation at the date of the coming into force of this Act in relation to citizens of member states of the European Union and the United Kingdom.”

This new clause would seek to ensure that HM Government has the objective of maintaining the visa policy in operation at the date of the coming into force of this Act in relation to citizens of member states of the European Union and the United Kingdom.

New clause 21—Trading rights—financial services—

“On the exercise of the power in section 1, Her Majesty’s Government shall make it an objective to secure the trading rights for UK-based financial services companies that exist by virtue of the UK’s membership of the European Union as of the day on which this Act comes into force.”

This new clause would seek to ensure that Her Majesty’s Government endeavours to preserve the existing trading rights for UK-based financial services companies as currently exist.

New clause 55—Conduct of negotiations—

“Before giving any notification under Article 50(2) of the treaty on European Union, the Prime Minister must undertake to have regard to the public interest during negotiations in—

(a) maintaining and advancing manufacturing industry,

(b) securing the interests of all the regions in England,

(c) delivering existing climate change commitments,

(d) maintaining the common travel area with the Republic of Ireland.”

This new clause sets out statutory objectives to which the Government must have regard whilst carrying out negotiations under Article 50.

New clause 70—Relationship with Europe—

“Before the Prime Minister can exercise the power in section 1, the Prime Minister must commit to negotiating a deal that allows free trade and cooperation between Wales and all European countries.”

This new clause requires the Prime Minister to commit to implementing the Leave Campaign’s pledge to negotiate deal that allows free trade and cooperation between Wales and all European countries before exercising the powers outlined in section 1.

New clause 76—Framework for transfer of data—

“In the event of exercise of the power in section 1, Her Majesty‘s Government shall promote a framework for the transfer of data between the UK and the EU to underpin continued trade in services.”

This new clause would make it the policy of Her Majesty’s Government to promote a framework for cross-border data flows to safeguard the UK services economy and its trade with European markets.

New clause 77—Trade in goods and services—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of retaining full participation in the making of all rules affecting trade in goods and services in the European Union.”

This new clause would require HM Government to negotiate to continue the UK’s participation on agreeing all rules affecting trade in goods and services in the European Union.

New clause 78—Europol—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Police Office (Europol) on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty‘s Government to negotiate to continue the UK’s participation in the European Police Office (Europol).

New clause 79—European Chemicals Agency

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Chemicals Agency (ECHA) on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty‘s Government to negotiate to continue the UK’s participation in the European Chemicals Agency (ECHA).

New clause 80—European Centre for Disease Prevention and Control

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Centre for Disease Prevention and Control (ECDC) on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty‘s Government to negotiate to continue the UK’s participation in the European Centre for Disease Prevention and Control (ECDC).

New clause 81—Community Plant Variety Office

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the Community Plant Variety Office (CPVO) on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty‘s Government to negotiate to continue the UK’s participation in the Community Plant Variety Office (CPVO).

New clause 82—European Medicines Agency

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Medicines Agency (EMEA) on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty‘s Government to negotiate to continue the UK’s participation in the European Medicines Agency (EMEA).

New clause 83—European Agency for Health and Safety at Work—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Agency for Health and Safety at Work (EU-OSHA) on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty‘s Government to negotiate to continue the UK’s participation in the European Agency for Health and Safety at Work (EU-OSHA).

New clause 84—European Aviation Safety Agency

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Aviation Safety Agency (EASA) on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty‘s Government to negotiate to continue the UK’s participation in the European Aviation Safety Agency (EASA).

New clause 85—European Centre for the Development of Vocational Training

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Centre for the Development of Vocational Training (Cedefop) on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty‘s Government to negotiate to continue the UK’s participation in the European Centre for the Development of Vocational Training (Cedefop).

New clause 86—European Police College

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Police College (Cepol) on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty‘s Government to negotiate to continue the UK’s participation in the European Police College (Cepol).

New clause 87—European Environment Agency

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Environment Agency (EEA) on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty‘s Government to negotiate to continue the UK’s participation in the European Environment Agency (EEA).

New clause 88—European Food Safety Authority

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Food Safety Authority (EFSA) on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty’s Government to negotiate to continue the UK’s participation in the European Food Safety Authority (EFSA).

New clause 89—European Investment Bank

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Investment Bank (EIB) on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty’s Government to negotiate to continue the UK’s participation in the European Investment Bank (EIB).

New clause 90—Eurojust—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in Eurojust on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty’s Government to negotiate to continue the UK’s participation in Eurojust.

New clause 91—European Maritime Safety Agency

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Maritime Safety Agency (EMSA) on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty’s Government to negotiate to continue the UK’s participation in the European Maritime Safety Agency (EMSA).

New clause 92—European Monitoring Centre for Drugs and Drug Addiction

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty’s Government to negotiate to continue the UK’s participation in the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA).

New clause 93—European Union Agency for Fundamental Rights

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Union Agency for Fundamental Rights (FRA) on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty’s Government to negotiate to continue the UK’s participation in the European Union Agency for Fundamental Rights (FRA).

New clause 94—European Satellite Centre—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Satellite Centre (EUSC) on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty’s Government to negotiate to continue the UK’s participation in the European Satellite Centre (EUSC).

New clause 95—Protected designation of origin scheme—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the protected designation of origin (PDO) scheme on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty’s Government to negotiate to continue the UK’s participation in the protected designation of origin (PDO) scheme.

New clause 96—Protected geographical indication scheme—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the protected geographical indication (PGI) scheme on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty’s Government to negotiate to continue the UK’s participation in the protected geographical indication (PGI) scheme.

New clause 97—Traditional specialities guaranteed scheme—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the traditional specialities guaranteed (TSG) scheme on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty’s Government to negotiate to continue the UK’s participation in the traditional specialities guaranteed (TSG) scheme.

New clause 100—Equality and women’s rights—

“Before issuing any notification under Article 50(2) of the Treaty on European Union the Prime Minister shall give an undertaking to have regard to the public interest during negotiations for the UK’s withdrawal from the European Union in—

(a) maintaining employment rights and protections derived from EU legislation,

(b) ensuring that EU co-operation to end violence against women and girls, to tackle female genital mutilation and to end human trafficking will continue unaffected,

(c) the desirability of continuing to recognise restraining orders placed on abusive partners in EU Member States in the UK and restraining orders placed on abusive partners in the UK across the EU, and

(d) establishing a cross-departmental working group to assess and make recommendations for developing legislation on equality and access to justice.”

New clause 104—Agricultural Sector—Trade Deals—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to, and shall include, the agricultural sector in any new trade settlement with the European Union.”

New clause 163—Consultation with representatives of English regions—

“(1) Before the Prime Minister issues any notification under Article 50(2) of the Treaty on European Union, the Secretary of State shall set out a strategy for consultation with representatives of the English regions, including those without directly elected Mayors, on the UK’s priorities in negotiations for the UK’s withdrawal from the European Union.

(2) The Secretary of State shall nominate representatives for the purposes of subsection (1).”

This new clause would require the Government to designate representatives from English regions and set out a strategy for consulting them on the UK’s priorities in negotiations on withdrawal from the EU.

New clause 166—Rights and opportunities of young people—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must seek to ensure that the rights and opportunities of people aged under 25 in the United Kingdom are maintained on the same terms as on the day on which Royal Assent is given to this Act, including—

(a) retaining the ability to work and travel visa-free in the EU,

(b) retaining the ability to study in other EU member states on the same terms as on the day on which Royal Assent is given to this Act, and

(c) retaining the ability to participate in EU programmes designed to provide opportunities to young people, including programmes to facilitate studying in other EU member states.”

This new clause would ensure that the Government must seek to protect the rights and opportunities currently enjoyed by young UK nationals so that they should not become worse off than their European counterparts.

New clause 170—EHIC scheme—

“(1) In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Health Insurance Card (EHIC) scheme on the same basis as any other member state of the European Union”.

This new clause would require Her Majesty’s Government to negotiate to continue the UK’s participation in the European Health Insurance Card (EHIC) scheme.

New clause 172—Erasmus+ Programme—report

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the Erasmus+ Programme on the same basis as any other member state of the European Union”.

This new clause would require Her Majesty’s Government to negotiate to continue the UK’s participation in the Erasmus+ Programme.

New clause 174—European Research Area (ERA)—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Research Area (ERA) on the same basis as any other member state of the European Union”.

This new clause would require Her Majesty’s Government to negotiate continue to the UK’s participation in the European Research Area (ERA).

New clause 178—European Arrest Warrant

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Arrest Warrant on the same basis as any other member state of the European Union”.

This new clause would require Her Majesty’s Government to negotiate to continue the UK’s participation in the European Arrest Warrant.

New clause 181—Trade agreements—

“(1) In the course of negotiations with the European Union on the UK’s withdrawal from the Union, Her Majesty’s Government must have regard to the value of UK membership of the EU Customs Union in maintaining tariff and barrier-free trade with the EU.

(2) Before exercising the power to notify under section 1 of this Act, the Prime Minister should lay before Parliament an assessment of the value of UK membership of the EU Customs Union in maintaining ongoing tariff and barrier-free trade with the EU.”

New clause 183—Membership of the single market including EU-wide reform of freedom of movement—

“(1) In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must seek to—

(a) secure reforms of provisions governing the free movement of persons between EU member states in such a way as to allow for greater controls over movement of people for member states and to enable the UK to retain full membership of the European single market, or

(b) maintain the highest possible level of integration with the European single market.”

This new clause would ensure that the Government must seek to negotiate EU-wide reforms to freedom of movement in the single market to enable the Government to seek to retain membership of the single market or as close to membership as possible.

New clause 185—Euratom—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Atomic Energy Community (Euratom) on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty’s Government to negotiate to continue the UK’s participation in Euratom.

New clause 193—Conduct of negotiations—

“( ) Before giving any notification under Article 50(2) of the Treaty on European Union, the Prime Minister shall give an undertaking to have regard to public interest during negotiations in maintaining the United Kingdom’s membership of the European Convention on Human Rights and the European Court of Human Rights.”

Amendment 22, in clause 1, page 1, line 2, leave out “may” and insert “shall”

Amendment 23, page 1, line 2, after “notify” insert “by 31 March 2017”

Amendment 7, page 1, line 3, at end insert—

“if it is the intention of Her Majesty’s Government to continue to participate in EU Common Foreign and Security Policy

This amendment would ensure that the UK’s withdrawal from the European Union would not affect the intention of Her Majesty’s Government to continue to participate in EU Common Foreign and Security Policy.

Amendment 8, page 1, line 3, at end insert—

“but not before 1st November 2017”

This amendment would ensure that any notification of intention to withdraw from the EU cannot be made before 1st November 2017.

Amendment 9, page 1, line 3, at end insert—

“and shall make it an objective for the United Kingdom to remain a member of the European Single Market.”

This amendment would ensure that the policy of HM Government shall be to negotiate the United Kingdom‘s continued membership of the European Single Market.

Amendment 29, page 1, line 3, at end insert—

“after consultation with the Government of Gibraltar.”

Amendment 30, page 1, line 3, at end insert—

“and its institutions with the exception of the European Defence Agency.”

Amendment 31, page 1, line 3, at end insert—

“and its institutions with the exception of Euratom.”

Amendment 32, page 1, line 3, at end insert—

“and its institutions with the exception of Europol.”

Amendment 33, page 1, line 3, at end insert—

“and its institutions with the exception of the European Space Agency.”

Amendment 34, page 1, line 3, at end insert—

“with the exception of the Common Foreign and Security Policy.”

Amendment 42, page 1, line 3, at end insert—

“The power to make this notification shall not include an intention to withdraw the United Kingdom from membership or participation of the European Atomic Energy Community (Euratom).”

Amendment 54, page 1, line 3, at end insert—

‘(1A) The Prime Minister may not notify under subsection (1) until the Chief Minister of Gibraltar has notified Her Majesty’s Government that Gibraltar consents to the process for the withdrawal of the UK from the European Union.”

Amendment 89, page 1, line 3, at end insert—

‘(1A) The Prime Minister may not notify under subsection (1) the intention to withdraw the United Kingdom from membership of, and participation in, the European Atomic Energy Community (Euratom), until replacement treaties with other EU Member States and relevant third countries have been agreed.”

Amendment 35, page 1, line 5, at end insert—

‘(3) This section does not apply to Gibraltar.”

Amendment 38, page 1, line 5, at end insert—

‘(3) Before the Prime Minister issues a notification under this section, Her Majesty’s Government has a duty to lay before both Houses of Parliament a White Paper identifying new oversight, accountability and enforcement mechanisms replacing the role of the European Commission and the European Court of Justice to ensure an equivalent level of compliance with EU-derived environmental regulation upon withdrawal from the European Union.”

This amendment would ensure that the UK judicial system is prepared and ready to effectively perform the enforcement duties currently undertaken by institutions of the EU with regards to environmental regulation.

Clause 1 stand part.

Clause 2 stand part.

New clause 12—International trade—

“Her Majesty’s Government shall endeavour to incorporate into UK regulation the international trade policies that apply to the UK as a consequence of its membership of the European Union and European Customs Union on the date of the exercise of the power in section l.”

This new clause would make it the policy of HM Government to endeavour to “grandfather” existing trade policies currently applicable to the UK by virtue of UK membership of the EU Customs Union.

New clause 32—Social Chapter rights—draft framework—

“Before exercising the power under section 1, the Prime Minister must set out a draft framework for the future relationship with the European Union which includes reference to the maintenance of Social Chapter rights.”

New clause 34—Free trade—draft framework—

“Before exercising the power under section 1, the Prime Minister must set out a draft framework for the future relationship with the European Union which includes reference to the maintenance of tariff and barrier-free trade with EU member states.”

New clause 35—Environmental standards—draft framework—

“Before exercising the power under section 1, the Prime Minister must set out a draft framework for the future relationship with the European Union which includes reference to the maintenance of environmental standards.”

New clause 36—Climate change—draft framework—

“Before exercising the power under section 1, the Prime Minister must set out a draft framework for the future relationship with the European Union which includes reference to how this will deliver UK and EU climate change commitments.”

New clause 37—Research and Development—draft framework—

“Before exercising the power under section 1, the Prime Minister must set out a draft framework for the future relationship with the European Union which includes reference to the maintenance of international collaboration on research and development by universities and other institutions.”

New clause 38—Common travel area—draft framework—

“Before exercising the power under section 1, the Prime Minister must set out a draft framework for the future relationship with the European Union which includes reference to the maintenance of the common travel area with the Republic of Ireland.”

New clause 39—Crime and security—draft framework—

“Before exercising the power under section 1, the Prime Minister must set out a draft framework for the future relationship with the European Union which includes reference to the maintenance of international collaboration on tackling crime and strengthening security.”

New clause 40—Economic and financial stability—draft framework—

“Before exercising the power under section 1, the Prime Minister must set out a draft framework for the future relationship with the European Union which includes reference to the maintenance of economic and financial stability.”

New clause 50—Commencement—

“This Act shall not come into effect before Parliament has sat for one month following the first General Election that takes place after 31 March. 2017.”

New clause 133—Commencement—

“This Act does not come into force until the Prime Minister has certified that it is the policy of Her Majesty’s Government that on leaving the European Union the United Kingdom should as soon as possible accede to the European Economic Area Agreement as a non-EU party.”

New clause 141—Extent—

“This Act extends to the whole of the United Kingdom and to Gibraltar.”

New clause 186—Report on future participation in Euratom—

“Within 30 days of the Prime Minister exercising the power under section (1), a Minister of State shall publish a report on the United Kingdom’s intended future participation in and engagement with the European Atomic Energy Community (Euratom), and shall lay a copy of the report before each House of Parliament.”

This new clause would seek a report from Her Majesty’s Government on the UK’s participation in and engagement with Euratom, following the withdrawal of the UK from the EU.

New clause 192—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.”