Washminster

Washminster
Washminster
Showing posts with label European Union (Notification of Withdrawal) Bill. Show all posts
Showing posts with label European Union (Notification of Withdrawal) Bill. Show all posts

Friday, 10 March 2017

Art 50 Library


Article 50 may well be triggered in the coming days - after the European Union (Notice of Withdrawal) Bill has received the Royal Assent - and that can only happen when "ping-pong" is concluded between the two Houses of Parliament. It is going to an interested week ahead! 

The House of Commons website states - "The House of Commons will now consider these amendments made by the Lords - a period that is known as ping pong. Time has been set aside on Monday 13 and, if necessary, Tuesday 14 and Wednesday 15 March 2017 for the consideration of Lords amendments."This post links to some of the key documents about Article 50.

HL Constitution Committee - The invoking of Article 50
House of Commons Library Papers on Art 50 - Brexit reading list: Legal and Constitutional issues pp 5 - 7 (with excellent links to useful documents and articles)

The Exiting the EU Committee has published two reports to date -

The process for exiting the European Union and the Government’s negotiating objectivesavailable here.

and The Government’s negotiating objectives: the rights of UK and EU citizens - available here.

The EU Committee in the House of Lords has published a number of reports on specific issues - and the list, with links to download the reports (for free) can be accessed here.

Tuesday, 7 March 2017

The Lords - and the Report and 3rd Reading of the Brexit Bill.


Today the House of Lords will proceed to the Report Stage, and then the 3rd Reading of the European Union (Notice of Withdrawal) Bill. If these are completed, then the Bill will be returned to the Commons for "Ping Pong".

The Bill has been republished, since it was amended at the Committee Stage by the Lords. The new version is available at

https://www.publications.parliament.uk/pa/bills/lbill/2016-2017/0108/17108.pdf

The marshalled list for the Report Stage (which is useful for following the debate - because it gives the number and the text of each amendment) is available at

https://www.publications.parliament.uk/pa/bills/lbill/2016-2017/0108/17108-I.pdf

The Report Stage will consider amendments while the Third Reading is on the motion "That this bill be now read a third time". Further amendments could be taken at 3rd Reading  provided the issue has not been fully considered and voted on during either committee or report stage - but as the two stages are separated by a only a short debate on another matter, this is going to be difficult. Amendments at third reading are normally used to clarify specific parts of the bill and to allow the government to make good any promises of changes they made at earlier stages of the passage of a bill.

The Day's business is set out at http://calendar.parliament.uk/calendar/Lords/All/2017/3/7/Daily. The House is due to start sitting at 11.00, and move straight into the Report Stage. There will be a break for questions from about 2.30 to 3.00.  (The Order Paper will be available at http://www.parliament.uk/business/publications/business-papers/lords/lords-business/#session=28&year=2017&month=2&day=7 [If it is not yet available, it should be up by 08.00am - I am publishing this extra early today]

As ever - live and recorded video is available at http://www.parliamentlive.tv/Event/Index/10b26caa-43e2-4e01-84ad-b13169f7351c

Wednesday, 1 March 2017

Wednesday - Final day of Lords Ctte stage of Brexit Bill

If you wish to follow the final day of Lords Committee Stage of the European Union (Notice of Withdrawal) Bill today - it will be online at http://www.parliamentlive.tv/Event/Index/708e9efa-beac-4dbf-b201-a2d52a057372 - The House will meet at 3pm and take prayers first (not broadcast) then there will be four questions lasting about 30 minutes.

The "order paper" for the day's business in the House of Lords can be found at https://publications.parliament.uk/pa/ld201617/minutes/170301/ldorderpaper.pdf



Statues high on the walls of the Chamber represent the Lords who forced King John to concede the Magna Carta in 1215.

Documents relating to the European Union (Notice of Withdrawal) Bill can be accessed on http://services.parliament.uk/…/europeanunionnotificationof…

The key to use are

* the Bill itself, https://www.publications.parliament.uk/…/201…/0103/17103.pdf 

* the explanatory notes,  https://www.publications.parliament.uk/…/2…/0103/17103en.pdf  and

* the Marshalled list of amendments (Amendments will be referred to by the number on that list) https://www.publications.parliament.uk/…/0…/17103-I(Rev).pdf

(If you are in the UK, and a TV Licence holder you can watch part 1 of the series "Meet the Lords" at http://www.bbc.co.uk/iplayer/episode/b08h4k1k/meet-the-lords-series-1-1-joining-the-club

Monday, 27 February 2017

Committee Stage of the EU (Notice of Withdrawal) Bill - TODAY



If you wish to follow the Lords Committee Stage of the European Union (Notice of Withdrawal) Bill today - it will be online at http://www.parliamentlive.tv/…/20b31f64-725c-435a-8c43-587b… - The House will have prayers first (not broadcast) then there will be four questions taking about 30 minutes.

The "order paper" for the day's business in the House of Lords can be found at https://publications.parliament.uk/pa/ld201617/minutes/170227/ldorderpaper.pdf

Documents relating to the European Union (Notice of Withdrawal) Bill can be accessed on http://services.parliament.uk/…/europeanunionnotificationof…

The key to use are

* the Bill itself, https://www.publications.parliament.uk/…/201…/0103/17103.pdf 

* the explanatory notes https://www.publications.parliament.uk/…/2…/0103/17103en.pdf  and

* the Marshalled list of amendments (Amendments will be referred to by the number on that list) https://www.publications.parliament.uk/…/0…/17103-I(Rev).pdf

Thursday, 23 February 2017

Lords Amendments



A full list of amendments for the European Union (Notice of Withdrawal) Bill will be available on Monday - but this is the most up-to-date list at the time of writing.

https://www.publications.parliament.uk/pa/bills/lbill/2016-2017/0103/17103-RL.pdf


If you want Peers to support particular amendments you can get contact details (including email addresses) by visiting this site.

http://www.parliament.uk/mps-lords-and-offices/lords/



Saturday, 11 February 2017

Reading Amendments

To follow the debate on the European Union (Notice of Withdrawal) Bill (or ANY bill) in the House of Lords, you need to equip yourself with the version of the bill that the Lords will be using.

A quick word of caution here - a Bill goes through a number of printings; after any amendments have been made - and when it comes up to the Lords from the Commons. Helpfully, on the website - the 'latest bill' is always highlighted.

Amendments, if passed, would amend the text of that version of the bill. So you need to look at the wording of the amendment, to see what it would do.

Amendments tabled in the House of Lords [Note for my American readers - tabled in the UK Parliament is the OPPOSITE of 'tabling' in Congress. Tabling in the USA is the term used for killing off a bill or an amendment (by throwing it under the table). In the UK tabling means putting on the table. So in the UK "I am tabling an amendment means - "I am putting an amendment down for discussion"] are numbered then printed. You can access the amendments here. These amendment papers are the second (set) of documents needed.

 Some amendments would ADD words to a bill - as for example Lord Lea of Crondall's Amendment to Clause 1 -


Clause 1
LORD LEA OF CRONDALL
Page 1, line 3, at end insert “while retaining membership of the European Economic Area (EEA)” 

On the pdf version of the bill, you'll see the page number at the top.



Page 1, as you can see is numbered, but is not the first page of the whole document.

Not every line is numbered, in fact only lines 5, 10, 15 etc have the number printed on them. So a bit of basic maths is needed to find line 3. (Go to line 5 - go up two lines - and you have line 3)

so if Lord Lea's amendment was passed the bill would read

(1) The Prime Minister may notify, under Article 50(2) of the Treaty on European Union, the United Kingdom’s intention to withdraw from the EU while retaining membership of the European Economic Area (EEA)
 
A more complex amendment - which still is a simple "insert" is

LORD KERSLAKE 
Page 1, line 3, at end insert—
“( ) No agreement with the European Union consequent on the use of the power under subsection (1) may be ratified unless a full report has been produced by Her Majesty's Government on the implications of that agreement for—
(a) the future of the United Kingdom, and
(b) the economic, social and political relations of the United Kingdom with the Republic of Ireland;
and each House of Parliament has had an opportunity to consider this report.”

The effect of this amendment passing (as well as adding these words) would require that a specific report MUST be produced by the Government before any negotiated deal could be ratified.

A whole new clause could be added - (if the bill becomes an act it would be known as a 'section'), as with this amendment

After Clause 1
BARONESS HAYTER OF KENTISH TOWN LORD LENNIE
LORD HANNAY OF CHISWICK
Insert the following new Clause—
“Parliamentary approval for agreements with the European Union
(1) No Minister of the Crown may conclude an agreement with any institution of the European Union regarding the withdrawal of the United Kingdom under Article 50(2) of the Treaty on European Union until—
(a) the Government has laid a copy of the final draft of the agreement before each House of Parliament, and
(b) each House of Parliament has passed a resolution approving the final draft of the agreement.
(2) The requirements under paragraphs (a) and (b) must also be met where a Minister of the Crown proposes to conclude any separate agreement with the European Union pertaining to the future political and economic relationship between the United Kingdom and the European Union.

(3) In the case of a proposed agreement setting out the arrangements for the withdrawal of the United Kingdom from the European Union, the resolution under subsection (1) must have been passed by each House of Parliament before the proposed terms are agreed with the Commission, with a view to their approval by the European Parliament.”

All of the current amendments seek to add to the provisions in the bill. (It is such a short bill, that removing words or clauses - at this stage is near impossible. But should any of amendments be passed, we would expect amendments at later stages, particularly at "Ping-pong" stage - to take words or clauses out.)

"Leave out" is the key phrase to remove words in a clause, or the clause itself - as in
  1. Page 2, line 10, leave out subsection (1)


    Page 2, line 10, leave out “, or the Director (or his deputy),”


    Page 2, leave out line 10
"Leave out..... and insert" is the wording to remove and replace by new wording.


Page 1, line 10, leave out “may” and insert “shall” 

The effect of that would be to turn a power to do something into a duty!

To know more - go to the very useful guide to amendment style - which is available at -
http://www.parliament.uk/documents/publications-records/House-of-Lords-Publications/Rules-guides-for-business/Guidance-members-HL/Guide-to-HL-Amendment-Style.pdf

***  All these points relate to amending the Act itself. That will start at the Committee Stage. But first, 2nd Reading must be held. That will be on the MOTION "that the bill be now read a second time." Such a motion can be amended or rejected. (Both are very rare).

Friday, 10 February 2017

Lords Amendments

The European Union (Notification of Withdrawal) Bill has been passed by the House of Commons (the language can be a bit confusing - each House passes a Bill by completing 1R, 2R, Committee Stage, Report Stage (only if amendments made in committee) and 3R); if there are any differences between the 'bills' passed - "Ping-pong" takes place - and when the two Houses have agreed on the same text - the bill goes to the Queen for Royal Assent. That is what most people think of when they say a bill has been passed.)

The bill was taken up to the Lords on Wednesday - where it had its first reading. This was a pure formality. The 2nd Reading debate starts on 20th February (both Houses have a short recess).

The text of the bill - and any amendments put down can be viewed at http://services.parliament.uk/bills/2016-17/europeanunionnotificationofwithdrawal.html under "All bill document"

This is the page to watch - as more amendments are put down.

I will be posting about how amendments are written - to aid your understanding of how the process works.

Wednesday, 1 February 2017

Doing the Wrong Thing?

I've always been passionate about Parliament. It has been my main interest in research and teaching. I love to watch the debates, and particularly the activities in the Select Committees. I've fought two parliamentary elections as a candidate, and worked in the Palace of Westminster - both on a voluntary and (low) paid basis. The history of Parliament inspires me - and I maintain the highest regard for the institution and many of its members and staff - who work long hours, often doing work for which they get no thanks - and which poorly rewards skills that they have chosen to use in the service of others when they could have been much better rewarded elsewhere.

But I'm rather sad today. I fear that tonight will be one of the House of Common's low points. It has had its high points - it has stood up to tyrants; established rights that we should cherish; created institutions which have served the people well; - most of all it has been the scene of many significant victories in the march towards liberty for all.

Yet tonight - despite having had the principle of parliamentary sovereignty upheld only a few days ago in the Supreme Court - it will probably hand the Executive a blank cheque.

Don't underestimate the significance of the Second Reading of a bill. It is the point at which the House gives its approval in principle to a legislative measure that has been proposed to it. After ceding the agreement in principle, it can make amendments to the details - but the principle has been adopted.

We had hoped that before the House of Commons did that a White Paper would have been produced - so that the Members of the House could see where the Executive was going with the power the House was about to give it. Well - and this adds insult to injury - it will NOT be published until the House has voted to cede power to the Executive.

The Bill is short - it is the worst kind of enabling bill - this is what a blank cheque looks like in parliamentary language.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and 
consent of the Lords Spiritual and Temporal, and Commons, in this present 
Parliament assembled, and by the authority of the same, as follows:—

1     Power to notify withdrawal from the EU

(1) The Prime Minister may notify, under Article 50(2) of the Treaty on European 
Union, the United Kingdom’s intention to withdraw from the EU.

(2) This section has effect despite any provision made by or under the European 
Communities Act 1972 or any other enactment.

2      Short title

This Act may be cited as the European Union (Notification of Withdrawal) Act 
2017.

Good legislation, when granting powers, should state any restrictions that Parliament thinks necessary, any requirements for reporting back or when parliament should be consulted when the power is used. There are none here.

And the first thing that the Government will do if it wins the vote on Second Reading is to move a programme motion which will restrict the time available for debate. [Such a motion requires notice - you can read it in today's Order Paper - https://www.publications.parliament.uk/pa/cm201617/cmagenda/OP170201.pdf pages 6 to 7]

I hope I'm wrong. But within hours the House and its members will decide. Your member of Parliament owes a duty to you. Edmund Burke.

"I am sorry I cannot conclude without saying a word on a topic touched upon by my worthy colleague. I wish that topic had been passed by at a time when I have so little leisure to discuss it. But since he has thought proper to throw it out, I owe you a clear explanation of my poor sentiments on that subject.

He tells you that "the topic of instructions has occasioned much altercation and uneasiness in this city;" and he expresses himself (if I understand him rightly) in favour of the coercive authority of such instructions.

Certainly, gentlemen, it ought to be the happiness and glory of a representative to live in the strictest union, the closest correspondence, and the most unreserved communication with his constituents. Their wishes ought to have great weight with him; their opinion, high respect; their business, unremitted attention. It is his duty to sacrifice his repose, his pleasures, his satisfactions, to theirs; and above all, ever, and in all cases, to prefer their interest to his own. But his unbiassed opinion, his mature judgment, his enlightened conscience, he ought not to sacrifice to you, to any man, or to any set of men living. These he does not derive from your pleasure; no, nor from the law and the constitution. They are a trust from Providence, for the abuse of which he is deeply answerable. Your representative owes you, not his industry only, but his judgment; and he betrays, instead of serving you, if he sacrifices it to your opinion.

My worthy colleague says, his will ought to be subservient to yours. If that be all, the thing is innocent. If government were a matter of will upon any side, yours, without question, ought to be superior. But government and legislation are matters of reason and judgment, and not of inclination; and what sort of reason is that, in which the determination precedes the discussion; in which one set of men deliberate, and another decide; and where those who form the conclusion are perhaps three hundred miles distant from those who hear the arguments?

To deliver an opinion, is the right of all men; that of constituents is a weighty and respectable opinion, which a representative ought always to rejoice to hear; and which he ought always most seriously to consider. But authoritative instructions; mandates issued, which the member is bound blindly and implicitly to obey, to vote, and to argue for, though contrary to the clearest conviction of his judgment and conscience,--these are things utterly unknown to the laws of this land, and which arise from a fundamental mistake of the whole order and tenor of our constitution.

Parliament is not a congress of ambassadors from different and hostile interests; which interests each must maintain, as an agent and advocate, against other agents and advocates; but parliament is a deliberative assembly of one nation, with one interest, that of the whole; where, not local purposes, not local prejudices, ought to guide, but the general good, resulting from the general reason of the whole. You choose a member indeed; but when you have chosen him, he is not member of Bristol, but he is a member of parliament. If the local constituent should have an interest, or should form an hasty opinion, evidently opposite to the real good of the rest of the community, the member for that place ought to be as far, as any other, from any endeavour to give it effect. I beg pardon for saying so much on this subject. I have been unwillingly drawn into it; but I shall ever use a respectful frankness of communication with you. Your faithful friend, your devoted servant, I shall be to the end of my life: a flatterer you do not wish for."

Some will say that the Referendum result gags MPs today. But declining a Second Reading to this bill - is NOT a rejection of that result. This bill, if passed, will cede the right to oversee our departure from the European Union from Parliament to the Executive. If you feel strongly about this - then contact your MP straight away. If you don't know who your MP is - then this LINKtakes you to a page that will help you find him or her.