Quotas: enhanced parliamentary procedure, etc.

Taxation (Cross-border Trade) Bill – in a Public Bill Committee at 4:30 pm on 1st February 2018.

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‘(1) No regulations may be made by the Treasury in exercise of the power in section 11(1) except in accordance with the steps set out in subsections (2) and (4) to (6).

(2) The first step is that a Minister of the Crown must lay before the House of Commons—

(a) a statement on the matters specified in subsection (3); and

(b) a draft of the regulations that it is proposed be made.

(3) Those matters are—

(a) in respect of any case where the condition in section 11(2)(a) is met, a statement of the terms of the arrangements made with the government of the country or territory outside the United Kingdom;

(b) in respect of any case where the condition in section 11(2)(b) is met, a statement of the reasons why the Treasury consider it is appropriate for the goods concerned to be subject to a quota.

(4) The second step is that a Minister of the Crown must make a motion for a resolution in the House of Commons setting out, in respect of proposed regulations of which a draft has been laid in accordance with subsection (2)(b)—

(a) the amount of import duty proposed to be applicable to any goods that are or are proposed to be subject to a quota; and

(b) the factors by reference to which a quota is to be determined.

(5) The third step is that the House of Commons passes a resolution arising from the motion made in the form specified in subsection (4) (whether in the form of that motion or as amended).

(6) The fourth step is that the regulations that may then be made must, in respect of any matters specified in subsection (4), give effect to the terms of the resolution referred to in subsection (5).

(7) No regulations may be made making provision on the matters in section 11(3)(c) unless a draft has been laid before and approved by a resolution of the House of Commons.’—

This new clause establishes a system of enhanced parliamentary procedure for regulations setting quotas under Clause 11, with a requirement for the House of Commons to pass an amendable resolution authorising the key provisions of the proposed regulations, and also requires that regulations establishing a licensing or allocation system are subject to the affirmative procedure.

Brought up, and read the First time.

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

The Committee divided:

Ayes 9, Noes 10.

Question accordingly negatived.

New Clause 4