text_body: --- DIVISION TITLE ---
  
  European Union (Withdrawal) Bill - Clause 5 - EU Charter of Fundamental Rights
  
  --- MOTION EFFECT ---
  
  
  @ MP voted aye against largely retaining the EU "Charter of Fundamental Rights" as part of UK law following the UK's withdrawal from the European Union. 
  
  @ MP voted no to largely retain the EU "Charter of Fundamental Rights" as part of UK law following the UK's withdrawal from the European Union. 
  
  The majority of MPs voted against largely retaining the [http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:12012P/TXT European Union "Charter of Fundamental Rights"] as part of United Kingdom law following the United Kingdom's withdrawal from the European Union. The proposal rejected in this vote was to retain the charter with the exception of the preamble and the element setting out the rights of European Union citizens in connection with voting, standing as a candidate, access to information, free movement, good administration, appeals, petition and consular protection.
  
  Fundamental rights protected by the charter include: human dignity; right to life; right to the integrity of the person; prohibition of torture and inhuman or degrading treatment or punishment; prohibition of slavery and forced labour; right to liberty and security; respect for private and family life; protection of personal data; right to marry and right to found a family; freedom of thought, conscience and religion; freedom of expression and information; freedom of assembly and of association; freedom of the arts and sciences; right to education; and many more. 
  
  MPs were considering the European Union (Withdrawal) Bill[1].
  
  The motion supported by the majority of MPs in this vote was:
  
  :That this House disagrees with Lords amendment 5
  
  Lords amendment 5[2] stated:
  
  :	Page 3, line 20, leave out subsections (4) and (5) and insertâ
  :â( )    
  :The following provisions of the [https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:12012P/TXT Charter of Fundamental Rights] are not part of domestic law on or after exit dayâ
  :(a)    the Preamble, and
  :(b)    Chapter V.â
  
  
  The rejected amendment would have impacted Clause 5[3] of the Bill, subsections (4) and (5) of which stated:
  
  : (4) The [https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:12012P/TXT Charter of Fundamental Rights] is not part of domestic law on or after exit day.
  
  :(5) Subsection (4) does not affect the retention in domestic law on or after exit day in accordance with this Act of any fundamental rights or principles which exist irrespective of the Charter (and references to the Charter in any case law are, so far as necessary for this purpose, to be read as if they were references to any corresponding retained fundamental rights or principles). 
  
  The explanatory notes to the Lords amendments to the Bill[4] stated, in respect of the amendment:
  
  :Lords Amendment 5 would provide that only the preamble to the Charter of Fundamental Rights (the Charter) and Chapter V (which relates to citizensâ rights) would be excluded from retained EU law under clause 5. This amendment would therefore mean that any directly effective rights contained in the remainder of the Charter would form part of domestic law after exit by virtue of clause 4, to the extent that these would not in any event form part of domestic law under clause 3 or clause 6.
  
  :Claimants would therefore continue to be able to bring legal action grounded on these rights as expressed in the Charter. The outcome of this action could be that domestic legislation which directly implements EU law could continue to be struck down on the basis of incompatibility with Charter rights. 
  
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  * [1] [https://services.parliament.uk/bills/2017-19/europeanunionwithdrawal.html Parliament's webpage on the European Union (Withdrawal) Bill]
  * [2] [https://publications.parliament.uk/pa/bills/cbill/2017-2019/0212/hcb212withoutendorsement.1-7.html#top Page of amendment sheet containing Lords amendment 5. Parliament.uk website, 16 May 2018]
  * [3] [https://publications.parliament.uk/pa/bills/lbill/2017-2019/0079/lbill_2017-20190079_en_2.htm#pb2-l1g5 Clause 5 of the European Union (Withdrawal) Bill as referred to by the Lords amendment]
  * [4] [https://publications.parliament.uk/pa/bills/cbill/2017-2019/0212/amend/eu_daily_ccla_0612.1-7.html Amendment sheet, 13 June 2018, House of Commons, Parliament.uk website. Dated: Revised 12 June 2018]
  * [5] [https://publications.parliament.uk/pa/bills/cbill/2017-2019/0212/en/18212en05.htm Page of explanatory notes to the Lords amendments to the Bill covering amendment 5]
  * [6] [https://publications.parliament.uk/pa/bills/lbill/2017-2019/0079/lbill_2017-20190079_en_2.htm#pb6-l1g19 Clause 19 of the European Union (Withdrawal) Bill, version as referred to by the Lords amendments. 18 January 2018]
  * [7] [https://publications.parliament.uk/pa/bills/lbill/2017-2019/0079/lbill_2017-20190079_en_2.htm#pb1-l1g1 Clause 1 of the European Union (Withdrawal) Bill, version as referred to by the Lords amendments. 18 January 2018]
  
  
  
  
  
  
  
  
  
  
  
  --- COMMENTS AND NOTES ---
  
  (put thoughts and notes for other researchers here)
  