Treatment of retained law

European Union (Withdrawal) Bill – in the House of Commons at 6:15 pm on 15 November 2017.

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Votes in this debate

  • Division number 38
    A majority of MPs voted against additional scrutiny of changes to EU law retained as UK law on the UK's withdrawal from the EU, and against limiting any changes to those with no detrimental impact on the UK environment.

“(1) Following the commencement of this Act, no modification may be made to retained EU law save by primary legislation, or by subordinate legislation made under this Act.

(2) By regulation, the Minister may establish a Schedule listing technical provisions of retained EU law that may be amended by subordinate legislation.

(3) Regulations made under subsection (2) will be subject to an enhanced scrutiny procedure including consultation with the public and relevant stakeholders.

(4) Regulations may only be made under subsection (2) to the extent that they will have no detrimental impact on the UK environment.

(5) Delegated powers may only be used to modify provisions of retained EU law listed in any Schedule made under subsection (2) to the extent that such modification will not limit the scope or weaken standards of environmental protection.”—(Kerry McCarthy.)

This new clause provides a mechanism for Ministers to establish a list of technical provisions of retained EU law that may be amended by subordinate legislation outside of the time restrictions of the Bill.

Brought up, and read the First time.

Question put, That the clause be read a Second time.

The House divided:

Ayes 295, Noes 311.

Division number 38 European Union (Withdrawal) Bill — New Clause 25 — Amendment of Retained European Union Law

A majority of MPs voted against additional scrutiny of changes to EU law retained as UK law on the UK's withdrawal from the EU, and against limiting any changes to those with no detrimental impact on the UK environment.

Aye: 294 MPs

No: 309 MPs

Aye: A-Z by last name

Tellers

No: A-Z by last name

Tellers

Absent: 43 MPs

Absent: A-Z by last name

Question accordingly negatived.

New Clause 58