Moved by
Baroness Ludford
68: After Clause 5, insert the following new Clause—
“Conditions for bringing section 3, 4 or 5 into force
(1) None of sections 3, 4 or 5 may be brought into force unless all the following conditions have been satisfied.
(2) The first condition is that a Minister of the Crown has, after consulting organisations and persons representative of interests substantially affected by, or with expertise in the likely legal effect of, that section on a draft of a report, laid that report before Parliament setting out, with reasons, the Minister’s view as to the likely advantages and disadvantages of bringing that section into force, setting out in particular the effect of that section on –
(a) the rights of and protections for consumers, workers and businesses, and protections of the environment and animal welfare,
(b) legal certainty, and the clarity and predictability of the law,
(c) the operation of the Trade and Cooperation Agreement between the United Kingdom and the EU, and UK exports of goods and services to the European Economic Area, and
(d) the operation of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement.
(3) In relation to section 4, the report must take into account any regulation made or likely to be made by a relevant national authority under section 8(1).
(4) The second condition is that a period of 60 days has passed since the report was laid before Parliament, with no account taken of any time during which Parliament is dissolved or prorogued or during which either House is adjourned for more than four days.
(5) The third condition is that, after the end of that period, both Houses of Parliament have approved a resolution that that section come into force.
(6) If both Houses of Parliament have approved a resolution that that section should not come into force unless it is amended in a way set out in that resolution, then the Minister may by regulations amend that section accordingly, and that section may not be brought into force until that amendment has been made.”
Member’s explanatory statement
This new Clause requires Ministers to analyse, and to explain their analysis of, the effect of the removal of retained EU law rights, the principle of supremacy of EU law, and of the general principles. It also includes opportunity for Parliamentary approval and timeframes for laying reports before both Houses.