European Union (Withdrawal) Bill - Report (5th Day)

Part of the debate – in the House of Lords at 10:30 pm on 2 May 2018.

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Moved by Lord Callanan

92AB: Schedule 3, page 29, line 6, leave out from “law” to end of line 18 and insert “and the modification is of a description specified in regulations made by a Minister of the Crown.(8A) But subsection (8) does not apply— (a) so far as the modification would be within the Assembly’s legislative competence if it were included in an Act of the Assembly, or(b) to the making of regulations under Schedule 2 or 4 to the European Union (Withdrawal) Act 2018.(8B) No regulations are to be made under subsection (8) unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.(8C) A Minister of the Crown must not lay a draft as mentioned in subsection (8B) unless—(a) the Assembly has made a consent decision in relation to the laying of the draft, or(b) the 40 day period has ended without the Assembly having made such a decision.(8D) For the purposes of subsection (8C) a consent decision is—(a) a decision to agree a motion consenting to the laying of the draft,(b) a decision not to agree a motion consenting to the laying of the draft, or(c) a decision to agree a motion refusing to consent to the laying of the draft;and a consent decision is made when the Assembly first makes a decision falling within any of paragraphs (a) to (c) (whether or not it subsequently makes another such decision).(8E) In subsection (8C)—“the 40 day period” means the period of 40 days beginning with the day on which a copy of the draft instrument is provided to the Welsh Ministers,and, in calculating that period, no account is to be taken of any time during which the Assembly is dissolved or during which it is in recess for more than four days.(8F) A Minister of the Crown who is proposing to lay a draft as mentioned in subsection (8B) must—(a) provide a copy of the draft to the Welsh Ministers, and(b) inform the Presiding Officer that a copy has been so provided.(8G) See also section 157ZA (duty to make explanatory statement about regulations under subsection (8) including a duty to explain any decision to lay a draft without the consent of the Assembly).(8H) No regulations may be made under subsection (8) after the end of the period of two years beginning with exit day.(8I) Subsection (8H) does not affect the continuation in force of regulations made under subsection (8) at or before the end of the period mentioned in subsection (8H).(8J) Any regulations under subsection (8) which are in force at the end of the period of five years beginning with the time at which they came into force are revoked in their application to the making, confirming or approving of subordinate legislation after the end of that period.(8K) Subsections (8C) to (8I) do not apply in relation to regulations which only relate to a revocation of a specification.(8L) The restriction in subsection (8) is in addition to any restriction in section (Status of retained EU law) of the European Union (Withdrawal) Act 2018 or elsewhere on the power of the Welsh Ministers to make, confirm or approve any subordinate legislation so far as the legislation modifies retained EU law.””

92AC: Schedule 3, page 29, line 29, leave out from “law” to end of line 44 and insert “and the modification is of a description specified in regulations made by a Minister of the Crown.(4) But subsection (3) does not apply— (a) so far as the modification would be within the legislative competence of the Assembly if it were included in an Act of the Assembly, or(b) to the making of regulations under Schedule 2 or 4 to the European Union (Withdrawal) Act 2018.(5) A Minister of the Crown must not lay for approval before each House of the Parliament a draft of a statutory instrument containing regulations under subsection (3) unless—(a) the Assembly has made a consent decision in relation to the laying of the draft, or(b) the 40 day period has ended without the Assembly having made such a decision.(6) For the purposes of subsection (5) a consent decision is—(a) a decision to agree a motion consenting to the laying of the draft,(b) a decision not to agree a motion consenting to the laying of the draft, or(c) a decision to agree a motion refusing to consent to the laying of the draft;and a consent decision is made when the Assembly first makes a decision falling within any of paragraphs (a) to (c) (whether or not it subsequently makes another such decision).(7) A Minister of the Crown who is proposing to lay a draft as mentioned in subsection (5) must—(a) provide a copy of the draft to the relevant Northern Ireland department, and(b) inform the Presiding Officer that a copy has been so provided.(8) See also section 96A (duty to make explanatory statement about regulations under subsection (3) including a duty to explain any decision to lay a draft without the consent of the Assembly).(9) No regulations may be made under subsection (3) after the end of the period of two years beginning with exit day.(10) Subsection (9) does not affect the continuation in force of regulations made under subsection (3) at or before the end of the period mentioned in subsection (9).(11) Any regulations under subsection (3) which are in force at the end of the period of five years beginning with the time at which they came into force are revoked in their application to the making, confirming or approving of subordinate legislation after the end of that period.(12) Subsections (5) to (10) do not apply in relation to regulations which only relate to a revocation of a specification.(13) Regulations under subsection (3) may include such supplementary, incidental, consequential, transitional, transitory or saving provision as the Minister of the Crown making them considers appropriate.(14) The restriction in subsection (3) is in addition to any restriction in section (Status of retained EU law) of the European Union (Withdrawal) Act 2018 or elsewhere on the power of a Minister or Northern Ireland department to make, confirm or approve any subordinate legislation so far as the legislation modifies retained EU law.(15) In this section— “the relevant Northern Ireland department” means such Northern Ireland department as the Minister of the Crown concerned considers appropriate; “the 40 day period” means the period of 40 days beginning with the day on which a copy of the draft instrument is provided to the relevant Northern Ireland department,and, in calculating that period, no account is to be taken of any time during which the Assembly is dissolved or during which it is in recess for more than four days.””

92AD: Schedule 3, page 29, line 44, at end insert—“PART 1AREPORTS IN CONNECTION WITH RETAINED EU LAW RESTRICTIONSReports on progress towards removing retained EU law restrictions3A_(1) After the end of each reporting period, a Minister of the Crown must lay before each House of Parliament a report which—(a) contains details of any steps which have been taken in the reporting period by Her Majesty’s Government (whether or not in conjunction with any of the appropriate authorities) towards implementing any arrangements which are to replace any relevant powers or retained EU law restrictions,(b) explains how principles—(i) agreed between Her Majesty’s Government and any of the appropriate authorities, and(ii) relating to implementing any arrangements which are to replace any relevant powers or retained EU law restrictions,have been taken into account during the reporting period,(c) specifies any relevant regulations, or regulations under section 11(4B), which have been made in the reporting period,(d) in relation to any retained EU law restriction which has effect at the end of the reporting period, sets out the Minister’s assessment of the progress which still needs to be made before it can be removed,(e) in relation to any relevant power that has not been repealed before the end of the reporting period, sets out the Minister’s assessment of the progress which still needs to be made before it can be repealed, and(f) contains any other information relating to any relevant powers or retained EU law restrictions, or the arrangements which are to replace them, that the Minister considers appropriate.(2) The first reporting period is the period of three months beginning with the day on which this Act is passed.(3) Each successive period of three months after the first reporting period is a reporting period.(4) A Minister of the Crown must provide a copy of every report laid before Parliament under this section—(a) to the Scottish Ministers,(b) to the Welsh Ministers, and(c) either to the First Minister in Northern Ireland and the deputy First Minister in Northern Ireland or to the relevant Northern Ireland department and its Northern Ireland Minister.(5) In sub-paragraph (4) “the relevant Northern Ireland department” means such Northern Ireland department as the Minister of the Crown concerned considers appropriate. (6) This paragraph ceases to apply when no retained EU law restrictions have effect and all the relevant powers have been repealed. Interpretation3B_ In this Part—“appropriate authority” means—(a) the Scottish Ministers,(b) the Welsh Ministers, or(c) a Northern Ireland devolved authority;“arrangement” means any enactment or other arrangement (whether or not legally enforceable);“relevant power” means a power to make regulations conferred by—(a) section 30A or 57(4) of the Scotland Act 1998,(b) section 80(8) or 109A of the Government of Wales Act 2006, or(c) section 6A or 24(3) of the Northern Ireland Act 1998;“relevant regulations” means regulations made under a relevant power;“retained EU law restriction” means any restriction which arises by virtue of relevant regulations.”

92B: Schedule 3, page 31, line 24, at end insert—“19A In Part 2 of Schedule 5 (specific reservations), in section C8 (product standards, safety and liability), for the words from “Technical standards and” to “EU law” substitute—“The subject matter of all technical standards and requirements in relation to products that had effect immediately before exit day in pursuance of an obligation under EU law.””

Amendments 92AB to 92B agreed.