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  European Union (Withdrawal) Bill - Interpretation - Power for Ministers to Create New Criminal Offences Carrying Custodial Sentences of up to Two Years
  
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  @ MP voted aye not to give ministers the power to create new criminal offences carrying custodial sentences of up to two years as part of their powers to remedy deficiencies in EU law retained as UK law following the UK's withdrawal from the EU.
  
  @ MP voted no to give ministers the power to create new criminal offences carrying custodial sentences of up to two years if required to remedy deficiencies in EU law retained as UK law following the UK's withdrawal from the EU.
  
  
  The majority of MPs voted to give ministers the power to create new criminal offences carrying custodial sentences of up to two years if required to remedy deficiencies in European Union law retained as United Kingdom law following the United Kingdom's withdrawal from the European Union.
  
  MPs were considering the European Union (Withdrawal) Bill[1].
  
  The amendment rejected in this vote was:
  
  :page 10, line 46, leave out
  
  :âfor a term of more than 2 yearsâ 
  
  The rejected amendment was accompanied by the following explanatory statement:
  
  :This amendment would prevent Ministers using delegated powers to create criminal offences which carry custodial sentences.
  
  The rejected amendment sought to change the definition of a "relevant criminal offence" contained within clause 14 of the Bill. The definition stated a "relevant criminal offence means an offence for which an individual who has reached the age of 18 (or, in relation to Scotland or Northern Ireland, 21) is capable of being sentenced to imprisonment for a term of more than 2 years (ignoring any enactment prohibiting or restricting the imprisonment of individuals who have no previous convictions).
  
  Clause 7(6) of the Bill[2] prevented ministers from creating "a relevant criminal offence" under powers to prevent, remedy or mitigate any failure of retained EU law to operate effectively, or any other deficiency in retained EU law, arising from the withdrawal of the United Kingdom from the EU.
  
  While ministers were already prevented from creating new criminal offences carrying custodial sentences of more than two years, the rejected amendment sought to prevent ministers from having the power to create any new criminal offences with custodial sentences.
  
  ==
  
  * [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/2017-2019/0005/cbill_2017-20190005_en_2.htm#pb3-l1g7 Clause 7 of the European Union (Withdrawal) Bill as at the time of the vote]
  
  
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  (put thoughts and notes for other researchers here)
  