‘(1) An appropriate authority exercising any function to which this Part (Northern Ireland Protocol) applies must—
(a) respect the rule of law;
(b) allow for the possibility of judicial review of an enactment, decision, act or omission by the appropriate authority;
(c) use the provisions of Article 16 of the Protocol to protect the interests of the United Kingdom.
(2) An appropriate authority exercising any function to which this Part applies must comply with the obligations of the United Kingdom under international law.
(3) An appropriate authority exercising any function to which this Part applies must comply with—
(a) the requirement under Article 5 (Good faith) of the Withdrawal Agreement for the EU and the United Kingdom to assist each other in full mutual respect and good faith to carry out the tasks which flow from the Agreement;
(b) the requirement under Article 167 (Consultations and communications within the Joint Committee) for the EU and the United Kingdom to endeavour to resolve any dispute regarding the interpretation and application of the provisions of the Agreement by entering into consultations in the Joint Committee in good faith, with the aim of reaching a mutually agreed solution;
(c) the requirement under Article 184 (Negotiations on the future relationship) of the Withdrawal Agreement for the EU and the United Kingdom to use their best endeavours, in good faith and in full respect of their respective legal orders, to take the necessary steps to negotiate expeditiously the agreements governing their future relationship referred to in the Political Declaration of
(d) the requirements of the Good Friday or Belfast Agreement of
(4) An appropriate authority exercising any function to which this Part applies must comply with the Human Rights Act 1998.’ —(Lucy Powell.)
This new clause is intended to replace Clauses 42, 43 and 45 of the Bill, to require Ministers to respect the rule of law and uphold the independence of the courts and the practice of judicial review, and to require UK Ministers to implement the Withdrawal Agreement.
Brought up, and read the First time.
Question put, That the clause be read a Second time.