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With this it will be convenient to discuss the following:
“insofar as future primary legislation may expressly repeal all or any provisions of this Act, but only to that extent.”
This amendment would ensure that existing and future primary legislation that impliedly repealed Section 7A, etc of the European Union (Withdrawal) Act 2018 would be invalid, despite the doctrine of parliamentary sovereignty.
Clauses 38 to 40 stand part.
That schedule 4 be the Fourth schedule to the Bill.
Clause 41 stand part.
That schedule 5 be the Fifth schedule to the Bill.
Amendment 9, in clause 42, page 41, line 6, leave out from “force” to end of line 6 and insert—
This amendment would require the House to endorse an economic impact assessment of measures this bill would implement.
Clause 42 stand part.
New clause 28—Conditional approval subject to a confirmation referendum—
‘(1) The condition in this subsection is that a further referendum has been held on the UK’s withdrawal from the European Union in which the electorate has been offered two options—
(a) the option for the UK to leave the European Union in accordance with the withdrawal agreement and a framework for the future relationship; and
(b) the option for the UK to remain in the European Union on existing membership terms and that the Chief Returning Officer has certified that a majority of voters has supported the option for the UK to leave the European Union in accordance with the withdrawal agreement and the framework for the future relationship.
(2) If the condition in subsection (1) has been fulfilled, then—
(a) the approval of the withdrawal agreement by the House of Commons required under section 13(1)(b) of the European Union (Withdrawal) Act 2018 is deemed to have been given;
(b) the House of Lords is deemed to have debated the motion required under section 13(1) of the European Union (Withdrawal) Act 2018;
(c) the European Union (Withdrawal Agreement) Act 2019 is, for the purposes of section 13(1)(d) of the European Union (Withdrawal) Act 2018, an Act of Parliament which contains provision for the implementation of the withdrawal agreement;
(d) the Government must ratify the withdrawal agreement within the period of three days beginning on the day after certification by the Chief Returning Officer under subsection (1); and
(e) requirements in section 20 of the Constitutional Reform and Governance Act 2010 (Treaties to be laid before Parliament before ratification) do not apply to the withdrawal agreement (but this does not affect whether that section applies to any modification of the withdrawal agreement).”
This new clause would require the Government to give the public the final say on Brexit through a people’s vote, with the choice between leaving under the terms of the withdrawal agreement and remaining in the EU.