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1012136

	registered interest
	date	21/11/2018
	answering body	Department for Exiting the European Union
	answering dept id	203
	answering dept short name	Exiting the European Union
	answering dept sort name	Exiting the European Union
	hansard heading	Brexit: Gibraltar
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government whether they plan to continue to include Gibraltar in (1) the Article 3 definition section, and (2) Article 184 of the future framework section, of the EU Withdrawal Agreement.
	tabling member printed	Lord Luce
	uin	HL11663
	answer	answer is ministerial correction date of answer 04/12/2018 answer text <p>Article 3 of the Withdrawal Agreement published on 26 November clearly states that Gibraltar is covered to the extent that Union Law applied to it before. Article 184, which records the UK and the EU’s commitment to negotiate in good faith and conclude agreements envisaged by the Political Declaration on their future relationship within a certain time frame, imposes no obligations regarding the territorial scope of future agreements. This is the EU and the UK’s shared interpretation. The government has also been clear that the UK will negotiate future agreements on behalf of all territories for whose external relations it is responsible.</p><p> </p> answering member printed Lord Callanan question first answered 04/12/2018 13:57:53 answering member 4336 label Biography information for Lord Callanan
	tabling member	908 label Biography information for Lord Luce

1012154

	registered interest
	date	21/11/2018
	answering body	Department for Exiting the European Union
	answering dept id	203
	answering dept short name	Exiting the European Union
	answering dept sort name	Exiting the European Union
	hansard heading	Brexit
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government whether the UK will leave the EU on 29 March 2019 regardless of whether there is a withdrawal deal.
	tabling member printed	Lord Truscott
	uin	HL11681
	answer	answer is ministerial correction date of answer 03/12/2018 answer text <p>The United Kingdom will leave the European Union on 29 March 2019. EU leaders have now endorsed the Withdrawal Agreement and Political Declaration on the future relationship between the UK and EU. This is a deal that works for the entirety of the UK. It takes back control of our laws, borders and money and it sets out a clear vision for the UK’s future relationship with the EU.</p><p>We will put the final deal to Parliament and MPs will have to decide whether to back or reject it.</p><p> </p> answering member printed Lord Callanan question first answered 03/12/2018 11:54:41 answering member 4336 label Biography information for Lord Callanan
	tabling member	3682 label Biography information for Lord Truscott

1012169

	registered interest
	date	21/11/2018
	answering body	Department for Exiting the European Union
	answering dept id	203
	answering dept short name	Exiting the European Union
	answering dept sort name	Exiting the European Union
	hansard heading	Court of Justice of the European Union
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government, under the terms of the draft agreement on the withdrawal of the UK from the EU, in what circumstances they anticipate UK judicial authorities being required to have regard to the case law of the Court of Justice of the EU after the transition period has ended.
	tabling member printed	Lord Wigley
	uin	HL11696
	answer	answer is ministerial correction date of answer 07/12/2018 answer text <p>As provided for in Article 4 of the Agreement, where Union law is applied by the Withdrawal Agreement, UK courts will interpret it in conformity with relevant case law handed down by the Court of Justice of the European Union (CJEU) before the end of the implementation period. They will also pay due regard to relevant CJEU case law handed down after the end of the implementation period when considering the interpretation and application of the Withdrawal Agreement in UK law.</p><p> </p> answering member printed Lord Callanan question first answered 07/12/2018 11:51:18 answering member 4336 label Biography information for Lord Callanan
	tabling member	547 label Biography information for Lord Wigley

1012170

	registered interest
	date	21/11/2018
	answering body	Department for Exiting the European Union
	answering dept id	203
	answering dept short name	Exiting the European Union
	answering dept sort name	Exiting the European Union
	hansard heading	Frontier Workers: Northern Ireland
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government whether residents of Northern Ireland who work in the Republic of Ireland for less than half of the working week would be classified as frontier workers, as defined by article 9(b) of the draft agreement on the withdrawal of the UK from the EU.
	tabling member printed	Lord Wigley
	uin	HL11697
	answer	answer is ministerial correction date of answer 04/12/2018 answer text <p>The Withdrawal Agreement provides for the maintenance of the Common Travel Area arrangements, so British and Irish citizens will continue to be able to live and work in each other’s state just as they do now.</p><p> </p> answering member printed Lord Callanan question first answered 04/12/2018 13:59:56 answering member 4336 label Biography information for Lord Callanan
	tabling member	547 label Biography information for Lord Wigley

1012171

	registered interest
	date	21/11/2018
	answering body	Department for Exiting the European Union
	answering dept id	203
	answering dept short name	Exiting the European Union
	answering dept sort name	Exiting the European Union
	hansard heading	Frontier Workers: EU Countries
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government what is the definition of "economic activity" for the purposes of article 9 of the draft agreement on the withdrawal of the UK from the EU.
	tabling member printed	Lord Wigley
	uin	HL11698
	answer	answer is ministerial correction date of answer 04/12/2018 answer text <p>Article 9(a)(b) of the draft Withdrawal Agreement provides a definition of ‘frontier workers.’ “Frontier workers” are persons who pursue an economic activity in accordance with the provisions set out in Article 45 or 49 TFEU (Treaty on the Functioning of the European Union) in one or more States in which they do not reside.</p><p>Economic activity is activity provided for remuneration. For the purposes of Article 9, economic activity must be in accordance with the provisions set out in Articles 45 or 49 TFEU.</p><p>To be exercising an economic activity as a worker in accordance with Article 45 TFEU a person must be a ‘genuine and effective’ worker and the work must not be on such a small scale so as to be ‘purely marginal or ancillary’</p><p>Article 49 TFEU provides for the freedom of establishment. A person is established in a particular state if they are participating ‘on a stable and continuous basis’ in the economic life of that State. If a person is providing temporary services they will not fall within the definition in Article 9(a)(b).</p><p> </p> answering member printed Lord Callanan question first answered 04/12/2018 14:02:56 answering member 4336 label Biography information for Lord Callanan
	tabling member	547 label Biography information for Lord Wigley

1012544

	registered interest
	date	22/11/2018
	answering body	Department for Exiting the European Union
	answering dept id	203
	answering dept short name	Exiting the European Union
	answering dept sort name	Exiting the European Union
	hansard heading	Brexit: Northern Ireland
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government how they intend to ensure that the protocol on Northern Ireland included in the draft agreement on the withdrawal of the UK from the EU will “apply only temporarily” as set out in article 1(4) of that protocol; and under what circumstances they anticipate the protocol might be extended as noted in the preamble to the protocol.
	tabling member printed	Lord Truscott
	uin	HL11736
	answer	answer is ministerial correction date of answer 06/12/2018 answer text <p>The agreement preserves the economic and constitutional integrity of the United Kingdom, upholds the Belfast (Good Friday) Agreement, and ensures people and businesses that rely on an open border between the Northern Ireland and Ireland can continue living their lives and operating as they do now. It does so through a temporary single UK-EU customs territory or through an option to extend the implementation period for a short period of time until the new economic relationship is in place.</p><p>The Government is clear the backstop is an insurance policy that no-one ever wants to come into effect. Both the UK and the EU are fully committed to having our future relationship in place by 1st January 2021 and the Withdrawal Agreement has a legal duty on both sides to use best endeavours to avoid the backstop ever coming into force. Despite this, if the future relationship is not ready by the end of 2020, the UK would not be forced to use the backstop. The UK would have a clear choice between the backstop or a short extension to the Implementation Period. If the backstop was entered into, the legal text is clear that it should be temporary and that the Article 50 legal base cannot provide for a permanent relationship. There is also a termination clause, which allows the backstop to be turned off when we have fulfilled our commitments on the Northern Ireland border, and there is a unilateral right to trigger a review through the Joint Committee and the ability to seek independent arbitration if the EU does not use good faith in this process.</p> answering member printed Lord Callanan question first answered 06/12/2018 16:50:52 answering member 4336 label Biography information for Lord Callanan
	tabling member	3682 label Biography information for Lord Truscott

1012547

	registered interest
	date	22/11/2018
	answering body	Department for Exiting the European Union
	answering dept id	203
	answering dept short name	Exiting the European Union
	answering dept sort name	Exiting the European Union
	hansard heading	Brexit
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government, further to the Draft Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, published on 14 November, what discussions they have had with the Welsh and Scottish Governments concerning their representation in the proposed Joint Committee provided by Article 164.
	tabling member printed	Lord Wigley
	uin	HL11739
	answer	answer is ministerial correction date of answer 04/12/2018 answer text <p>The UK Government has been clear from the start that the devolved administrations should be fully engaged in the process of our Exit from the European Union and we remain committed to this.</p><p>Regular discussions are held between the UK Government and the Welsh and Scottish Governments on EU Exit. There have now been fifteen meetings of the Joint Ministerial Committee on EU Negotiations. It met most recently on 19 November 2018 and continues to meet on a monthly basis.</p><p> </p> answering member printed Lord Callanan question first answered 04/12/2018 14:03:20 answering member 4336 label Biography information for Lord Callanan
	tabling member	547 label Biography information for Lord Wigley

1012548

	registered interest
	date	22/11/2018
	answering body	Department for Exiting the European Union
	answering dept id	203
	answering dept short name	Exiting the European Union
	answering dept sort name	Exiting the European Union
	hansard heading	Brexit: Northern Ireland
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government, further to the Draft Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, published on 14 November, what steps they have taken to provide representation for both political communities in Northern Ireland on the proposed specialised committee on issues related to the implementation of the protocol on the Republic of Ireland and Northern Ireland under Article 165(c).
	tabling member printed	Lord Wigley
	uin	HL11740
	answer	answer is ministerial correction date of answer 06/12/2018 answer text <p>The Withdrawal Agreement establishes a number of forums in which the Protocol will be considered or overseen: a Joint Committee, a Specialised Committee on the Northern Ireland Protocol, and a Joint Consultative Working Group.</p><p>The Joint Committee, the Specialised Committee and the Joint Consultative Working Group will be comprised of representatives of the UK and the EU. Their detailed rules of procedure have not yet been finalised. While the formal representation of the UK in international forums is and will continue to be a matter for the UK Government, we fully recognise the importance of reflecting the interests of the whole of the Northern Ireland community on issues relating to the Northern Ireland Protocol.</p><p> </p> answering member printed Lord Callanan question first answered 06/12/2018 16:51:41 answering member 4336 label Biography information for Lord Callanan
	tabling member	547 label Biography information for Lord Wigley

1012549

	registered interest
	date	22/11/2018
	answering body	Department for Exiting the European Union
	answering dept id	203
	answering dept short name	Exiting the European Union
	answering dept sort name	Exiting the European Union
	hansard heading	Brexit: Gibraltar
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government, further to the Draft Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, published on 14 November, what steps they have taken to discuss with the Gibraltar authorities their representation on the proposed specialised committee on issues related to the protocol on Gibraltar under Article 165(e).
	tabling member printed	Lord Wigley
	uin	HL11741
	answer	answer is ministerial correction date of answer 06/12/2018 answer text <p>As the Prime Minister has said, we will always negotiate on behalf of the whole UK family, including Gibraltar, at the Joint Committee including any consultation as set out in Article 169. Decisions on representation to the specialised committees will be taken in accordance with Article 165(3) of the Withdrawal Agreement. As the Chief Minister of Gibraltar told the House of Lords EU Committee on 23rd October, the UK has worked “hand in glove” with Gibraltar to ensure the Prime Minister’s commitment to fully involve Gibraltar “became a reality”.</p><p> </p> answering member printed Lord Callanan question first answered 06/12/2018 16:52:48 answering member 4336 label Biography information for Lord Callanan
	tabling member	547 label Biography information for Lord Wigley

1012550

	registered interest
	date	22/11/2018
	answering body	Department for Exiting the European Union
	answering dept id	203
	answering dept short name	Exiting the European Union
	answering dept sort name	Exiting the European Union
	hansard heading	Brexit
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government, further to the Draft Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, published on 14 November, whether, under Article 169, the Scottish and Welsh Governments may be regarded as a party wishing to commence consultations.
	tabling member printed	Lord Wigley
	uin	HL11742
	answer	answer is ministerial correction date of answer 04/12/2018 answer text <p>The UK Government will represent all parts of the UK in all discussions at the Joint Committee, this includes any consultations as set out in Article 169. The UK Government remains committed to engaging with the devolved administrations on EU Exit. Ministers have regular discussions with the Welsh and Scottish governments, including through the Joint Ministerial Committees and the Ministerial Forum on EU Negotiations.</p><p> </p> answering member printed Lord Callanan question first answered 04/12/2018 14:03:48 answering member 4336 label Biography information for Lord Callanan
	tabling member	547 label Biography information for Lord Wigley