Key Facts

• Amendment 38 would modify page 20, line 10 of the Bill.
• The amendment aims to restrict the circumstances under which regulations may be brought forward by Ministers.
• The amendments aim to prevent discrimination against Northern Ireland products when entering Great Britain markets.
• Proposals include requiring cross-community support for decisions in the Northern Ireland Assembly.
• A clause would mandate an economic impact assessment of the Protocol on trade between GB and NI every 12 months.
• The MP introduces new clauses to establish a mitigation fund for businesses and communities affected by Brexit.
• Scotland voted to remain in the EU every time it had the chance.
• The Conservative party won only six seats in Scotland at the general election, while the SNP won 47 of the 59 seats.
• There are concerns about achieving amendments in Bills due to the political representation imbalance.
• Joanna Cherry raised concerns regarding clauses 3, 12, 13, 14, 18, 21 and 27 which grant UK Ministers powers over devolved policy areas.
• The Sewel convention does not apply to delegated legislation.
• In 2018, a cross-party coalition in the House of Commons secured a legal commitment from the then Government to negotiate family reunion rules post-Brexit.
• The current UK immigration rules allow children to reunite only with parents, not other relatives.
• 95% of children supported by Safe Passage would be ineligible under these rules.
• Amendment 28 focuses specifically on children's rights and requires Ministers to implement a scheme for unaccompanied minors.
• Joanna Cherry's amendment 38 relates to the use of delegated powers in the Bill, suggesting a necessity test instead of an 'appropriate' threshold.
• The amendment relates to powers under proposed new section 8C.
• There are no restrictions on powers affecting devolved settlements like Scotland and Wales.
• Concerns exist about impacts on business organisations, food and drink industry, and fishing in Scotland.
• Roger Gale orders clarification on the debate procedures.
• Sir Robert Neill is scheduled for his maiden speech as a knight of the realm.
• Gale supported the Bill's Second Reading and will support it on Report and Third Reading.
• The system of binding precedent is important as it gives certainty in that lower courts cannot depart from decisions made by higher courts.
• Clause 26 has the potential to upset this well-established hierarchy, which could have consequences for Britain’s position as an international legal centre.
• Bob Neill discusses concerns over changes in clause 18.
• He welcomes the obligation on Ministers to consult senior judiciary when making certain regulations.
• He suggests an objective 'necessary' test instead of a subjective one for regulations.
• The Good Friday/Belfast agreement brought peace to Northern Ireland.
• Businesses are concerned about potential border checks between Northern Ireland and Great Britain.
• Article 13(8) states that secession from the protocol requires agreement with the European Union.
• Amendment 1 requires reporting on the movement of goods between Northern Ireland and Great Britain.
• The amendment calls for a report on the Northern Ireland economy and fiscal and regulatory compliance.
• A report is to be laid before both Houses of Parliament by October 31st.
• Clause 37 removes the commitment to negotiate an agreement with the EU27 on protecting child refugees.
• The current provisions for protection of children will end if a new negotiated agreement is not in place by the time regulations expire this year.
• The British Red Cross and other refugee organizations recommend removing clause 37 and restoring the provision.
• Labour had leadership hustings last night.
• The UK will leave the EU on January 31st.
• Clause 33 means the implementation period ends on December 31st, with no legal possibility of extension beyond that date.
• The Bill sets out how EU law will be wound down at the end of the implementation period.
• It enables the UK to fulfill its international obligations under the financial settlement.
• The clauses implement regulatory, customs, and other arrangements contained in the Northern Ireland protocol.
• They protect rights and arrangements contained in the Belfast Good Friday agreement.
• They avoid a hard border between Northern Ireland and Ireland.
• The clauses update the European Union (Withdrawal) Act 2018 to ensure it operates as intended with the withdrawal agreement.
• A mechanism is provided for Parliament to consider EU legislation that raises matters of vital national interests, increasing parliamentary scrutiny.
• They guarantee ratification of the withdrawal agreement by ensuring no further parliamentary hurdles after Royal Assent.
• The protocol does not affect the constitutional status of Northern Ireland.
• The Government are committed to upholding the Belfast Good Friday agreement during EU departure.
• Amendments 32 and 34 will be withdrawn by North Down MP Stephen Farry.
• Clause 24 ensures the UK cannot agree to recommendations altering north-south co-operation arrangements.
• Clause 24 means decisions will not be taken to change north-south co-operation.
• Amendments 38 and 46 would limit the Government’s ability to implement the withdrawal agreement in the most sensible way.
• The Prime Minister has committed to no new checks and processes on the movement of Northern Ireland goods.
• The term 'appropriate' better allows for exploring multiple options when legal changes are complex.
• Clause 26 ensures UK courts can determine the extent to which they are bound by historic Court of Justice of the European Union decisions.
• New clauses and amendments seeking statutory roles for Parliament in future relationship negotiations are deemed unnecessary and could delay the process.
• Clause 31 of the previous Bill allowed for active House participation in building the future partnership.
• The Government's mandate is based on a general election outcome.
• New clause 47 should not be pressed as it is believed to be unnecessary and burdensome.
• Clauses provide mechanisms for reporting disputes to Parliament and Ministerial accountability.
• Conduct of international relations is reserved to the UK Government.
• The amendments aim to secure promises made by the Government for Northern Ireland's economic benefits post-Brexit.
• Clause 21 of the Bill does not explicitly guarantee unfettered access to the UK market for Northern Ireland businesses.
• Sammy Wilson's amendments fall into three categories: ensuring access to the UK market, proper representation on Joint Committees, and consultation with the Northern Ireland Assembly.
• The Democratic Unionist Party tabled new clause 39 to address fishing tariffs.
• Boats from Northern Ireland ports like Portavogie face tariffs when landing fish domestically but not when landing in Scotland or England.
• Sammy Wilson’s amendments seek a 'moving picture' over time of the protocol's impact through yearly independent assessments.
• The amendment requires a sustainability impact assessment including social, economic, environmental, gender, equalities, climate change, human rights, labour, development, and regional impacts.
• Assessments must be conducted at least every 12 months and include impacts of regulatory or trade policy divergence on Northern Ireland's place in the UK Internal Market.
• The amendment mandates regular release of negotiation texts and engagement with devolved administrations.
• The EU referendum was not about taking back control according to the MP.
• The Historical Institutional Abuse (Northern Ireland) Bill was passed without needing EU approval.
• The MP disputes that many areas of government and political activity are in the gift of the European Union.
• The Government's programme has failed to recognise the impact on organisations across the sector.
• It was under a Tory-led coalition Government that section 18 of the European Union Act 2011 clarified that limits on sovereignty are at Parliament’s own behest and can, if explicitly provided for, be revoked.
• The British people have voted for Members of the European Parliament since 1979.
• Clause 38 reaffirms Parliamentary sovereignty.
• Clause 40 provides for parliamentary scrutiny procedures for secondary legislation.
• Subsection (1) of clause 39 lists definitions, including agreements with the EU, EEA, EFTA and Switzerland.
• Clause 38 reasserts parliamentary sovereignty during the implementation period.
• Schedule 4 adopts an affirmative procedure for modifying primary legislation or retained direct principal EU legislation when exercising core powers of the Bill.
• An exception is made for immigration appeals regulations to ensure timely provision by adopting a made affirmative procedure for 31 January.
• Clause 42 extends to England, Wales, Scotland, Northern Ireland with limited exceptions.
• Section 1 extends to Isle of Man, Channel Islands, and Gibraltar.
• The Bill allows for deferral of secondary legislation until the end of implementation period.
• The Government published an impact assessment of the Bill.
• The Chancellor committed in October 2018 to provide continued analysis during negotiations.
• Amendment 9 seeks to delay Brexit further.
• Clause 5 recognises Parliamentary sovereignty and provides clarity for individuals and businesses.
• Independent reviews point out clause 38 as meaningless without legal power.
• Clause 5 gives supremacy to the withdrawal agreement over domestic law.
• The removal of clause 31 means Parliament has no voice in setting future relationship terms.
• The Maastricht treaty was opposed by Bill Cash as it created European government.
• In 1971, Britain entered into arrangements under the White Paper that promised to never give up the veto.
• Over the next 30 or 40 years, Britain's ability to make its own laws was diminished.
• The referendum decision to leave the EU was authorized by Parliament.
• Section 1 of the European Union (Withdrawal) Act 2018 planned to repeal the European Communities Act 1972 on exit day.
• Amendment 35 addresses the intersection of clause 38 and parliamentary sovereignty.
• The European Union (Withdrawal) Act 2018 includes section 7A to provide reassurance on rights protection.
• There are concerns about potential weakening of rights protections since the original draft of the joint report in December 2017.
• The public voted to reclaim sovereignty from the European Union.
• The Lisbon treaty strengthened the powers of the European Court of Justice.
• The UK pays approximately £1 billion or more per month to the EU.
• Clause 38 aims to protect parliamentary sovereignty during the implementation period.
• There is a desire for fair immigration policies, including potential work permit systems.
• The British Government must pay benefits to families of people working abroad even when their families are not with them.
• This regulation was imposed by the European Court of Justice as part of freedom of movement.
• There is a call for an English Grand Committee within Parliament to address imbalances in Union representation.
• Davies focuses on clause 38 of the European Union (Withdrawal Agreement) Bill.
• Davies supports new clause 28, proposing a confirmatory referendum.
• He argues that leaving the EU will reduce UK sovereignty due to reliance on EU standards and decisions.
• The NHS spends £12 billion a year on diabetes.
• 44% of UK trade is currently with the EU.
• ISDS powers are part of normal bilateral trading agreements between the US and other countries.
• Parliamentary sovereignty refers to this place being the supreme law-making body.
• The Factortame case in 1989 was the first instance where an Act of Parliament could be disapplied if it was incompatible with EU law.
• Clause 38 is important because it signifies the return of rule-making powers to Parliament after the implementation period.
• Clause 38 in the Bill aims to clarify parliamentary sovereignty.
• Amendment 11 was introduced as a probing amendment but withdrawn after discussion.
• The speaker argues that power has been shared within both the UK and EU, making clause 38 unnecessary.
• The new clause aims for the UK to secure an agreement ensuring no reduction of Retained EU Worker Rights post-Brexit.
• The Government must make oral statements within three months and at least every 28 days thereafter regarding progress on achieving the objectives outlined in subsection (1).
• 'IP completion day' refers to the end date for implementing EU law into UK legislation under the European Union (Withdrawal Agreement) Act 2020.
• New clause 3 aims to secure a UK-wide customs union with alignment on single market standards.
• New clause 10 requires the Government to seek continuing full membership of Erasmus+ after the implementation period ends.
• New clause 27 mandates non-regression from EU standards in legislation post-Brexit.
• New clause 38 introduces regular independent reviews of Brexit impacts every year and every three years thereafter.
• The Minister in charge of a relevant Bill must consult with representatives of workers, employers, and other appropriate persons before making statements on non-regression.
• Reports on new EU workers' rights are required after each reporting period following IP completion day.
• Reporting periods end six or twelve months after the start day based on whether new rights are published.
• New clause 2 aims to protect vital workers' rights.
• It ensures no reduction of protections provided on the day the transition period ends.
• Subsection (1)(b) confirms that post-Brexit workers’ rights in the UK will be at least as strong as those in other EU member states.
• Schedule 4 of the previous Bill outlined consultation requirements on new proposed legislation affecting workers' rights.
• Labour Members tabled an amendment to strengthen protections previously described as 'meaningless procedural tricks'.
• The UK made 1,773 requests for extradition under the European arrest warrant from 2010 to 2016 and received 48,776 requests.
• The UK's contribution through SIS II database is beneficial for real-time data sharing.
• Information used millions of times each year by UK police.
• New clause 3 aims to ensure continued long-term deal on security.
• The Conservative manifesto indicates an intention to rebalance power between the Executive, Parliament, and judiciary.
• Joanna Cherry criticises superficial engagement by the UK Government with devolved Administrations during Brexit negotiations.
• In December 2016, the Scottish Government published 'Scotland's Place in Europe' proposing continued membership of the single market and customs union.
• Mike Russell, Cabinet Secretary for the constitution in the Scottish Government, stated that the views of devolved governments have not been addressed meaningfully.
• The Scottish Parliament voted by 92 votes to 29 against legislative consent to the Bill.
• New clauses 45 and 46 would require each devolved legislature's consent on trade deals affecting the NHS.
• The Erasmus scheme was highlighted by university representatives as important.
• Between 2007 and 2013, the UK received €8.8 billion from the EU on research and development.
• Over half of all scientific research papers published in the UK acknowledge international collaboration.
• The UK currently benefits from cleaner beaches, safer food, and the best chemicals regulation in the world due to its high standards.
• The IPCC report from October 2018 found that limiting global warming to 1.5°C would require rapid changes in all aspects of society.
• Proposed new section 14A defines regressive and protected matters covered by the proposal, including the environment, food safety, REACH regulations, and animal welfare.
• The amendments aim to protect the NHS from future trade deals.
• New clause 45 seeks legislative consent for changes affecting devolution settlement on health.
• The Good Friday agreement mandates no diminution of rights for people in Northern Ireland due to Brexit.
• New clause 8 is a last-ditch attempt to protect Scotland from economic harm after leaving the single market and customs union.
• Supporting new clause 51 would safeguard workers' rights against potential anti-trade union legislation.
• Leaving the single market and customs union could result in up to 100,000 job losses in Scotland.
• Philip Dunne made his maiden speech in a debate on the EU 14 and a half years ago.
• The Conservative manifesto committed to legislating for high standards of workers' rights, environmental protection, and consumer rights.
• Environmental protection is primarily a devolved matter.
• Government committed to protecting and enhancing workers' rights.
• New Employment Bill to be presented following the Queen's Speech.
• UK already has higher standards than many EU directives in areas like race and sex discrimination.
• New clauses 3, 8, and 30 relate to alignment with or continued membership of the EU single market and customs union.
• The political declaration provides a framework for a comprehensive free trade agreement.
• Access to Europol, SIS II, European arrest warrant will be maintained through co-operation agreements.
• The Government aims to control its own laws while maintaining high standards for workers, consumers, and the environment without following EU rules.
• Erasmus+ programme participation during implementation period secured by government.
• Scotland has received €872 million of EU funding over seven years.
• New clauses 16 and 46 require environmental and equality impact assessments.
• The Government published a detailed analysis in November 2018 covering various aspects of Brexit.
• The Office for Environmental Protection will ensure strong enforcement powers.
• Clause 31 relates to the European Medicines Agency's participation post-Brexit.
• Euratom membership is not desirable or practical after leaving the EU.
• NHS services, drug prices, and provisions are off-limits in trade negotiations.
• Gale is meeting with the Scottish Government the next day.
• No special status will be given to devolved assemblies post-Brexit as they will leave the EU alongside the UK.
• Human rights and liberties fundamental to the European Union are unchanged by Brexit.