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The Immigration and Social Security Co-ordination (EU Withdrawal) Bill 2017-18

Published Monday, January 14, 2019

The Immigration and Social Security Co-ordination (EU Withdrawal) Bill 2017-19 was published on 20 December 2018 and its First Reading in the House of Commons took place that day. MPs will next consider the Bill at Second Reading, which will take place on Wednesday 16 January 2019.

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The Immigration and Social Security Co-ordination (EU Withdrawal) Bill 2017-19 was published on 20 December 2018 and its First Reading in the House of Commons took place that day. Second Reading will take place on Wednesday 16 January 2019. 

The Bill, and its explanatory notes, are available on the Parliamentary website. Factsheets and impact assessments are available from the Gov.uk website.

Background

As set out in the Bill’s explanatory notes, the main measures in the Bill include:

  • repealing the main retained EU law relating to free movement and bringing EEA nationals and their family members under UK immigration control;
  • protecting the status of Irish citizens in UK immigration law once their EU free movement rights end; and
  • powers to amend, by regulations, retained EU law governing social security coordination, enabling policy changes to be delivered post EU Exit.

Summary

The Bill as introduced is in three parts. The provisions are as follows:

Part 1 – Measures relating to ending free movement

Clause 1 would establish Schedule 1 of the Bill. Schedule 1 makes provision to end the law of free movement in the UK.

Clause 2 would amend the Immigration Act 1971 to confirm that the rights of Irish citizens prevail, regardless of the repeal of free movement law. It would provide that Irish citizens do not require leave to enter or remain in the UK.

Clause 3 would amend section 61 of the UK Borders and Immigration Act 2007 to ensure that the Bill is included in any references to “the Immigration Acts” across legislation.

Clause 4 sets out the consequential provisions of the Bill. It is a Henry VIII clause which allows the government to amend primary and secondary legislation by statutory instrument. The provisions made by statutory instrument must be considered by the Secretary of State as ‘appropriate in consequence of, or in connection with’ any provision in Part 1 of the Bill.

Part 2 – Social security co-ordination

Part 2 of the Bill consists of Clause 5 and Schedules 2 and 3. Part 2 of the Bill would allow the Government (and/or where appropriate, a devolved authority) by regulations to modify retained EU legislation on social security co-ordination.  The Government states that this power would be necessary to enable it to deliver a range of options from EU exit day, and specifically to implement its preferred approach to social security co-ordination in a ‘no deal’ scenario.  Any regulations would be subject to the affirmative procedure.

Part 3 – General

Clause 6 is an interpretive provision, defining terms used in the Bill.

Clause 7 would set out the Bill’s commencement and extent. The Bill would apply to all parts of the UK. The clause enables Her Majesty, by Order in Council, to extend its operation to any of the Channel Islands, the Isle of Man and any of the British overseas territories. Except for clauses 6 and 7, the Bill would come into force on a day appointed by regulations.

Resources

The following documents are listed in the Bill's explanatory notes:

  • White Paper: Future Skills-based immigration system (published 19 December 2018)
  • Prime Minister’s Mansion House speech announcing the Government’s intention to end free movement, 3 March 2018
  • Prime Minister’s statement on Brexit confirming the intention to end free movement, 14 November 2018
  • Prime Minister’s statement to Parliament following European Council 26th November 2018
  • delegated powers memorandum
  • impact assessment (Bill page on Gov.uk)
  • policy equality statement (Bill page on Gov.uk)

Gov.uk has published factsheets and links to documents relating to the Bill on its website

Library material

The UK’s EU Withdrawal Agreement, Commons Library Briefing Paper CBP-08453, 1 December 2018

 

Commons Briefing papers CBP-8473

Authors: Hannah Wilkins; Steven Kennedy; Georgina Sturge

Topics: Benefits administration, Benefits policy, Family benefits, Immigration, Nationality, Pensions, Sickness, disability and carers' benefits, Working age benefits

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