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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 under retained EU law following the UK's withdrawal from the European Union. It repeals relevant EU laws on immigration and grants power to modify retained EU legislation on social security coordination.

Description

The bill comprises three parts. Part 1 repeals key EU laws related to free movement, ending most rights to free movement for EU citizens. It makes an exception for Irish citizens, who generally retain the right to enter or remain in the UK, except under specific circumstances such as deportation orders or public good exclusions. This part also clarifies the definition of "the Immigration Acts" to include this new legislation. It allows the Secretary of State to make further consequential regulations.

Part 2 grants power to modify retained EU legislation concerning social security coordination, including Regulations (EC) No 883/2004, 987/2009, (EEC) No 1408/71, 574/72, and (EC) No 859/2003. This power allows for adjustments to ensure alignment with UK law and enables different provisions for various categories of people. EU-derived rights conflicting with these new regulations will cease to be recognized.

Part 3 defines key terms such as "devolved authority" and "modify," specifying the bill's extent and commencement dates. It clarifies that different parts of the act come into force at different times and grants power to make transitional regulations.

Government Spending

The bill doesn't directly specify the impact on government spending. However, changes to immigration laws and social security coordination could lead to both increases (e.g., increased enforcement costs) and decreases (e.g., reduced social security payments) in government expenditure. The actual financial impact will depend on the implementation of the regulations made under this bill.

Groups Affected

  • EU citizens (excluding Irish citizens): May lose their automatic right to live and work in the UK.
  • Irish citizens: Generally retain the right to enter and remain in the UK but may face restrictions under certain circumstances.
  • UK government: Will bear the costs of implementing the legislation and managing any potential impacts on immigration and social security systems.
  • Businesses: May face challenges in recruiting from the EU.
  • Social security recipients: May experience changes to their entitlements.
  • Devolved administrations (Scotland and Northern Ireland): Have a role in making regulations under Part 2 in accordance with their devolved powers.
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