Have your say on the Immigration and Social Security Co-ordination (EU Withdrawal) Bill

* In the last Parliamentary Session, the following Public Bill Committees concluded their consideration of the Bill earlier than scheduled: Criminal Finances, Cultural Property (Armed Conflicts), Health Service Medical Supplies (Costs), Neighbourhood Planning, Savings (Government Contributions), Technical and Further Education, Commonwealth Development Corporation, Children & Social Work, National Citizen Service, and Bus Services.

Aims of the Bill

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.

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.

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

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
• Human rights memorandum
• impact assessment (Bill page on Gov.uk)
• policy equality statement (Bill page on Gov.uk)

Follow the progress of the Immigration and Social Security Co-ordination (EU Withdrawal) Bill

The Immigration and Social Security Co-ordination (EU Withdrawal)  Bill 2017-19 (HC Bill 309) was published on 20 December 2018. The Second reading of the Bill in the House of Commons was held on Monday 28 January 2019.

• Catch up on Parliament News: MPs debate the Immigration and Social Security Co-ordination (EU Withdrawal) Bill
• Bills before Parliament: Immigration and Social Security Co-ordination (EU Withdrawal) Bill 2017–19
• Read Explanatory Notes: Immigration and Social Security Co-ordination (EU Withdrawal) Bill 2017–19
• House of Commons Library Briefing Paper

This Bill has now been committed to a Public Bill Committee and is expected to hold its oral evidence sessions on Tuesday 12 and Thursday 14 February 2019. The Public Bill Committee must conclude by Thursday 7 March.

Guidance on submitting written evidence

Deadline for written evidence submissions

The Public Bill Committee is now able to receive written evidence. The sooner you send in your submission, the more time the Committee will have to take it into consideration and possibly reflect it in an amendment. The order in which amendments are taken in Committee will be available in due course under Selection of Amendments on the Bill documents pages. Once the Committee has dealt with an amendment it will not revisit it.

The Committee is expected to meet for the first time on Tuesday 12 February 2019; it will stop receiving written evidence at the end of the Committee stage on Thursday 7 March 2019. Please note that when the Committee concludes its consideration of the Bill it is no longer able to receive written evidence and it can conclude earlier than the expected deadline of 5.00pm on Thursday 7 March 2019.

Your submission should be emailed to scrutiny@parliament.uk

Further guidance on submitting written evidence can be found here (PDF 1.25 MB).

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