Further provision about exceptions to savings and incorporation

European Union (Withdrawal) Bill – in the House of Commons at 9:00 pm on 21st November 2017.

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Amendment proposed: 336, page 15, line 17, leave out paragraphs 2 and 3 and insert—

“2A (1) Any general principle of EU law will remain part of domestic law on or after exit day if—

(a) it was recognised as a general principle of EU law by the European Court in a case decided before exit day (whether or not as an essential part of the decision in the case);

(b) it was recognised as a general principle of EU law in the EU Treaties immediately before exit day;

(c) it was recognised as a general principle of EU law by any direct EU legislation (as defined in section 3(2) of this Act) operative immediately before exit day; or

(d) it was recognised as a general principle of EU law by an EU directive that was in force immediately before exit day.

2B Without prejudice to the generality of paragraph 2A, the principles set out in Article 191 of the Treaty on the Functioning of the European Union shall be considered to be general principles for the purposes of that paragraph.

2C For the purposes of paragraphs 1A and 1B the exit day appointed must be the same day as is appointed for section 5(1) of this Act and must not be before the end of any transitional period agreed under Article 50 of the Treaty on the Functioning of the European Union.”—(Paul Blomfield.)

This amendment would retain the existing principles of EU law within domestic law whether they originate in the case law of the European Court, the EU treaties, direct EU legislation or EU directives. The freeze date would be at the end of any transitional arrangements.

Question put, That the amendment be made.

The House divided:

Ayes 296, Noes 315.

Division number 46 European Union (Withdrawal) Bill — Schedule 1 — Retention of General Principles of EU Law

A majority of MPs voted against retaining general principles of EU law derived from EU treaties, direct EU legislation and EU directives, as part of UK law after the UK leaves the EU, and voted to only retain those general principles deriving from European Court [of justice] case law.

Aye: 295 MPs

No: 315 MPs

Ayes: A-Z by last name

Tellers

Nos: A-Z by last name

Tellers

Absent: 36 MPs

Absents: A-Z by last name

Question accordingly negatived.

Amendment proposed: 139, page 15, line 29, at end insert

“except in relation to anything occurring before that day”.—(Mary Creagh.)

This amendment, together with Amendments 140 and 141, would restore the right to obtain damages after exit day in respect of governmental failures before exit day to comply with European Union obligations.

Question put, That the amendment be made.

The House divided:

Ayes 295, Noes 315.

Division number 47 European Union (Withdrawal) Bill — Further provision about exceptions to savings and incorporation

Aye: 295 MPs

No: 315 MPs

Ayes: A-Z by last name

Tellers

Nos: A-Z by last name

Tellers

Question accordingly negatived.

Question put, That the schedule be the First schedule to the Bill.

The House divided:

Ayes 313, Noes 295.

Division number 48 European Union (Withdrawal) Bill — Further provision about exceptions to savings and incorporation

Aye: 313 MPs

No: 295 MPs

Ayes: A-Z by last name

Tellers

Nos: A-Z by last name

Tellers

Question accordingly agreed to.

Schedule 1 agreed to.

The occupant of the Chair left the Chair to report progress and ask leave to sit again (Programme Order, 11 September).

The Deputy Speaker resumed the Chair.

Progress reported; Committee to sit again tomorrow.

Photo of Leo Docherty Leo Docherty Conservative, Aldershot

On a point of order, Mr Deputy Speaker. I should like to inform the House that on 11 and 17 October I tabled written questions in which I mistakenly omitted to include a reference to my entry in the Register of Members’ Financial Interests, which includes a visit, in September this year, to the Kingdom of Saudi Arabia, sponsored by the Foreign Ministry of that country. I am pleased to be able to put that on record, Mr Deputy Speaker, and I am grateful for your patience.