text_body: --- DIVISION TITLE ---
  
  European Union (Withdrawal) Bill - Schedule 7 - Paragraph 13 - Scrutiny of Powers of Ministers
  
  --- MOTION EFFECT ---
  
  
  @ MP voted aye to enable greater scrutiny by MPs and members of the House of Lords of Ministers' use of powers to make regulations to deal with issues related to international obligations and the implementation of the withdrawal agreement on the United Kingdom's withdrawal from the European Union.  
  
  @ MP voted no against greater scrutiny by MPs and members of the House of Lords of Ministers' use of powers to make regulations to deal with issues related to international obligations and the implementation of the withdrawal agreement on the United Kingdom's withdrawal from the European Union.  
  
  
  The majority of MPs voted to enable greater scrutiny by MPs and members of the House of Lords of Ministers' use of powers to make regulations to deal with issues related to international obligations and the implementation of the withdrawal agreement on the United Kingdom's withdrawal from the European Union.  
  
  MPs were considering the European Union (Withdrawal) Bill[1].
  
  The motion rejected by the majority of MPs taking part in this vote was:
  
  :That this House disagrees with Lords amendment 128
  
  Lords amendment 128[2] stated:
  
  :Page 49, line 4, leave out paragraph 13
  
  Paragraph 13[3] was titled: ''Parliamentary committee to sift certain regulations involving Minister of the Crown'' and stated:
  
  :(1) Sub-paragraph (2) applies if a Minister of the Crown who is to make a statutory instrument to which paragraph 6(3) or 7(3) applies is of the opinion that the appropriate procedure for the instrument is for it to be subject to annulment in pursuance of a resolution of either House of Parliament.
  :(2) The Minister may not make the instrument so that it is subject to that procedure unlessâ
  :(a) condition 1 is met, and
  :(b) either condition 2 or 3 is met.
  :(3) Condition 1 is that a Minister of the Crownâ
  :(a) has made a statement in writing to the effect that in the Ministerâs opinion the instrument should be subject to annulment in pursuance of a resolution of either House of Parliament, and
  :(b) has laid before the House of Commonsâ
  :(i) a draft of the instrument, and
  :(ii) a memorandum setting out the statement and the reasons for the Ministerâs opinion.
  :(4)Condition 2 is that a committee of the House of Commons charged with doing so has made a recommendation as to the appropriate procedure for the instrument.
  :(5) Condition 3 is that the period of 10 sitting days beginning with the first sitting day after the day on which the draft instrument was laid before the House of Commons as mentioned in sub-paragraph (3) has ended without any recommendation being made as mentioned in sub-paragraph (4).
  :(6) In sub-paragraph (5) âsitting dayâ means a day on which the House of Commons sits.
  :(7) Nothing in this paragraph prevents a Minister of the Crown from deciding at any time before a statutory instrument to which paragraph 6(3) or 7(3) applies is made that another procedure should apply in relation to the instrument (whether under that paragraph or paragraph 14).
  :(8) Section 6(1) of the Statutory Instruments Act 1946 (alternative procedure for certain instruments laid in draft before Parliament) does not apply in relation to any statutory instrument to which this paragraph applies.
  
  The references to paragraphs 6(3) and 7(3) refer in turn to clauses 8 and 9 which  relate to "Complying with international obligations" and "Implementing the withdrawal agreement" respectively. 
  
  Explanatory notes to the paragraph in question in the Bill stated[4]:
  
  :Paragraph 13 requires, before instruments under clauses 8 and 9 that are proposed for the negative procedure can be made, that the minister lays a draft of the instrument before the a Committee of the House of Commons, along with a memorandum explaining the choice of procedure. This committee has 10 sitting days to make a recommendation as to the appropriate procedure for the instrument. After receiving the recommendation, or after 10 sitting days without a recommendation, a minister may either proceed with making a negative instrument, or proceed with an affirmative instrument instead. 
  
  Explanatory notes to Lords amendment 128[5] stated:
  :Lords Amendment 128 would remove the sifting committee provisions which applied to powers other than clause 7(1). This is as a consequence of amendment 110 applying a single provision to all the powers. The Bill as introduced to the Lords had two identical provisions for sifting applying, with the same effect, to different selections of powers.
  
  At the time of this vote MPs had already voted[6] to reject Lords Amendment 110, so the context of this vote was a Bill without an alternate provision providing for special arrangements for Parliamentary scrutiny of the regulations in question. 
  
  Prior to this vote MPs had [http://www.publicwhip.org.uk/division.php?date=2018-06-12&number=166 voted to reject Lords amendment 110]. 
  
  Parliament's glossary states[7]:
  
  :Negative procedure is a type of procedure that a statutory instrument can go through. A statutory instrument under the negative procedure will automatically become law without debate unless there is an objection from either House. Conversely affirmative procedure refers to a procedure where a statutory instrument must be approved by both the House of Commons and the House of Lords to become law.
  
  
  
  ==
  
  
  * [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.32-38.html Page of amendment sheet containing Lords amendment 128]
  * [3] [https://publications.parliament.uk/pa/bills/lbill/2017-2019/0079/lbill_2017-20190079_en_5.htm#sch7 Schedule 7 of the version of the European Union (Withdrawal) Bill referred to by the amendment sheet]
  * [4] [https://publications.parliament.uk/pa/bills/lbill/2017-2019/0079/18079en11.htm Page of Explanatory notes to the Bill covering Schedule 7, Paragraph 13, which was the subject of this vote]
  * [5] [https://publications.parliament.uk/pa/bills/cbill/2017-2019/0212/en/18212en20.htm Page of Explanatory notes to Lords Amendments covering amendment 128]
  * [6] [http://www.publicwhip.org.uk/division.php?date=2018-06-12&number=166 House of Commons vote on European Union (Withdrawal) Bill â Schedule 7 â Part I â Scrutiny of Powers of Ministers â 12 Jun 2018 at 16:15]  
  * [7] [https://www.parliament.uk/site-information/glossary/negative-procedure/ Parliament's Glossary entry for "Negative procedure"] 
  
  
  
  
  
  
  --- COMMENTS AND NOTES ---
  
  (put thoughts and notes for other researchers here)
  