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by Munro Research

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


Official Summary

A Bill to make provision to end rights to free movement of persons under retained EU law and to repeal other retained EU law relating to immigration; to confer power to modify retained direct EU legislation relating to social security co-ordination; and for connected purposes.

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Overview

This bill aims to end the free movement of people rights established under retained EU law and repeal related legislation. It also grants the power to modify retained EU laws concerning social security coordination.

Description

The bill consists of three parts. Part 1 ends free movement rights under retained EU law by repealing relevant provisions. It specifically addresses the rights of Irish citizens to enter or remain in the UK, outlining exceptions such as deportation orders. It also defines "the Immigration Acts" to include this bill. The Secretary of State gains power to make consequential regulations, subject to parliamentary scrutiny.

Part 2 allows authorized bodies (Secretary of State, Treasury, or devolved authorities) to modify retained EU legislation regarding social security coordination, including Regulations (EC) No 883/2004, 987/2009, (EEC) No 1408/71, 574/72, and (EC) No 859/2003. Any EU-derived rights inconsistent with these modifications are removed.

Part 3 clarifies definitions, including "devolved authority" and "modify," and sets out the bill's commencement and extent, allowing for potential extension to Crown dependencies and overseas territories.

Government Spending

The bill does not explicitly state the financial implications on UK government spending, but associated costs and administrative changes concerning immigration and social security could significantly affect government finances.

Groups Affected

  • EU citizens (excluding Irish citizens): May lose their right to free movement within the UK, potentially impacting their residency status, employment, and access to social security benefits.
  • Irish citizens: While generally retaining the right to enter or remain in the UK, may still face restrictions in specific cases (deportation, public good exclusions).
  • UK government: Will incur costs associated with implementing the bill, including administrative changes, enforcement, and potential social welfare adjustments.
  • Employers: May face challenges in recruiting and employing workers from the EU.
  • Devolved administrations (Scotland and Northern Ireland): Will have a role in modifying social security coordination regulations, within their devolved competences.
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