EU Withdrawal Bill – Report stage overview

From the Labour Lords website.

Summary of 14 government defeats at Lords Report

  1. ‘Customs Union’: makes repeal of 1972 Act conditional on Minister laying report before Parliament outlining steps taken to negotiate a customs union as part of the framework for future UK-EU relations. Amendment/Vote:
  2. ‘Enhanced protection for certain areas of EU legislation’: prevents directly applicable EU law relating to employment, consumers and environment from being modified, unless by primary legislation or SI subject to enhanced scrutiny procedure. Amendment/Vote:
  3. ‘Charter of Fundamental Rights’: ensures Charter – minus preamble and EU citizenship rights chapter – continues to apply to retained EU law. Amendment/Vote:
  4. ‘Powers of legal challenge’: removes provision giving Ministers powers to make regulations that allow challenges to validity of retained EU law. Amendment/Vote:
  5. ‘Legal compliance’: guarantees right of action in domestic law when failure to comply with general principles of EU law as currently recognised by European Court of Justice. Amendment/Vote:
  6. ‘Limiting scope of delegated (Henry VIII) powers’: limits ministerial power to use reduce-scrutiny secondary legislation to change primary legislation, replacing ‘if appropriate’ with ‘necessary’ throughout the Bill. Amendment/Vote:
  7. ‘Meaningful role for Parliament at end of negotiations’: enhances ‘Grieve amendment’ to allow Commons to decide course of action should Parliament reject draft agreement, promised additional statute, or ‘No Deal’ scenario. Amendment/Vote:
  8. ‘Mandating negotiations’: requires government to seek parliamentary approval for phase 2 negotiations. Similar EU27 leaders approving mandate of M. Barnier’s negotiating team. Amendment/Vote
  9. ‘Refugee family reunion rights’: introduces statutory requirement on Ministers to report on progress of discussions with EU within 6 months of Royal Assent, and periodically on implementation of such agreements. Amendment/Vote:
  10. ‘Northern Ireland’: requires Ministers and devolved authorities to act in ways compatible with 1998 Northern Ireland Act; and have due regard to December 2017 UK-EU Joint Report, including mutual recognition of Belfast principles and current provisions on equalities and human rights. Amendment/Vote:
  11. ‘Facilitating future UK cooperation with EU’: helps formalise PM’s stated position, making clear that nothing in the legislation prevents replication of future EU law in domestic law or continued participation of UK in EU agencies. Amendment/Vote:
  12. ‘Removing fixed exit day’: reinstates original exit day provisions to the Bill, and makes clear regulations appointing exit day are subject to approval in both Houses. Amendment/Vote:
  13. ‘EEA’: prevents any sections of the Act that do not commence on Royal Assent from doing so unless government negotiates to achieve international agreement allowing continued participation in European Economic Area. Amendment/Vote:
  14. ‘Sifting of Brexit-related regulations’: extends proposed sifting mechanism committee in Commons to Lords and makes recommendations in either House binding on Ministers. Amendment/Vote: