Dumping of goods and related activities: 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 Secretary of State in exercise of the power in section 13(5) except in accordance with the steps set out in subsections (2) to (5).

(2) The first step is that a Minister of the Crown must lay before the House of Commons a draft of the regulations that it is proposed be made.

(3) 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), the amount of import duty proposed to be applicable to any goods that are or are proposed to be subject to a quota.

(4) 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).

(5) 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).

(6) No regulations may be made under the following provisions unless a draft has been laid before and approved by a resolution of the House of Commons—

(a) paragraph 1(3) of Schedule 4 (definitions and determinations in relation to goods being “dumped”);

(b) paragraph 5 of Schedule 4 (determination of certain matters relating to “injury” to a UK industry);

(c) paragraph 26(1) of Schedule 4 (provision for suspension of anti-dumping or anti-subsidy remedies);

(d) paragraph (1)(2)(c) of Schedule 5 (defining a “significant” increase)

(e) paragraph 2 of Schedule 5 (definitions relating to “serious injury” to a UK industry);

(f) paragraph 22(1) of Schedule 5 (provision for suspension of safeguarding remedies).’—

This new clause establishes a system of enhanced parliamentary procedure for regulations setting quotas under Clause 13 to give effect to recommendations of the TRA, with a requirement for the House of Commons to pass an amendable resolution authorising the quota provisions of the proposed regulations, and also requires that certain regulations under Schedules 4 and 5 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 9