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  European Union (Withdrawal) Bill - Clause 5 - EU Charter of Fundamental Rights
  
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  @ MP voted aye to retain a EU "Charter of Fundamental Rights" as part of UK law following the UK's withdrawal from the European Union. 
  @ MP voted no against retaining a 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 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 amendments relating to its enforcement and 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.
   
  MPs were considering the European Union (Withdrawal) Bill[1].
  
  The amendment rejected in this vote was:
  
  :Amendment 4, page 3, line 23, leave out subsections (4) and (5) and insertâ
  :â(4) Notwithstanding subsection (5), the [http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:12012P/TXT Charter of Fundamental Rights] continues to apply to retained EU law after exit day save as set out in subsections (5) and (5A) below and all references in the Charter to âthe law of the Unionâ shall be deleted and replaced with âretained EU lawâ.
  :(5) The following provisions of the Charter shall not apply after exit dayâ
  :(a) the Preamble, and
  :(b) Title V.
  :(5A) Article 47 of the Charter shall apply after exit day as if it was drafted as followsâ
  :âRight to a fair trial
  :âEveryone whose rights and freedoms guaranteed by retained EU law are violated is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal previously established by law. Everyone shall have the possibility of being advised, defended and represented.
  :âLegal aid shall be made available to those who lack sufficient resources insofar as such aid is necessary to ensure effective access to justice.â
  :(5B) With effect from exit day EU retained law, so far as it is possible to do so, must be interpreted consistently with the Charter.
  :(5C) With effect from exit day decisions, judgments, advisory opinions of the Court of Justice of the European Union must be taken into account when determining cases under the Charter.
  :(5D) With effect from exit day in relation to the rights conferred by the Charter with respect to retained EU lawâ
  :(a) section 4 of the Human Rights Act 1998 shall apply and the words âa Convention rightâ shall be replaced by âa Charter rightâ and all references to âprimary legislationâ shall be replaced by âretained EU lawâ,
  :(b) section 5 of the Human Rights Act 1998 shall apply,
  :(c) section 12 of the Human Rights Act 1998 shall apply and the words âthe Convention right to freedom of expressionâ shall be replaced by âthe Charter right to freedom of expression and informationâ, and
  :(d) section 13 of the Human Rights Act 1998 shall apply and the words âthe Convention right to freedom of thought, conscience and religionâ shall be replaced by âthe Charter right to freedom of thought, conscience and religionâ.
  :(5E) With effect from exit day, any derogation or reservation made under sections 14 or 15 of the Human Rights Act 1998 shall apply to rights under the Charter in the same manner as they apply to Convention rights.
  :(5F) With effect from exit day sections 16 or 17 of the Human Rights Act 1998 shall apply to rights under the Charter in the same manner as they apply to Convention rights.â
  
  The rejected amendment was accompanied by the following explanatory statement:
  :This amendment would retain the Charter Rights in UK law and afford them the same level as protection as the rights in the Human Rights Act. 
  
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  * [1] [https://services.parliament.uk/bills/2017-19/europeanunionwithdrawal.html Parliament's webpage on the European Union (Withdrawal) Bill]
  
  
  
  
  
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