Legislative Scrutiny: Immigration and Social Security Co-ordination (EU Withdrawal) Bill Contents

Annex 1: Proposed Amendment

Clause 4, page 2, line 35, at the end insert:

(1A) The Secretary of State must exercise the power to make regulations under subsection (1) where this is necessary to protect the acquired rights of those persons who, prior to Exit Day, benefitted, in the UK, from right of free movement of persons under EU law.

(1B) Where the Secretary of State exercises the power to make regulations under subsection (1) those regulations must contain measures, as necessary, to protect the acquired rights of those persons who, prior to Exit Day, benefitted, in the UK, from right of free movement of persons under EU law.

(1C) For the purposes of this section, “acquired rights” means those rights which a person was entitled to flowing from EU free movement of persons laws.

Clause 5, page 3, line 37 at the end insert:

(1A) Where the appropriate authority exercises the power to make regulations under subsection (1) those regulations must contain measures, as necessary, to protect the acquired rights of those persons who, prior to Exit Day, benefitted, in the UK, from right of free movement of persons under EU law.

(1B) For the purposes of this section, “acquired rights” means those rights which a person was entitled to flowing from EU free movement of persons laws.

Explanation:

This Bill removes rights but does not ensure that affected individuals will retain an adequate level of human rights protection. In its ECHR Memorandum, the Home Office states that “insofar as such persons will be affected by this Bill, the Department will ensure that the Convention rights of such persons are respected.” The aim of these amendments is to put such protections and guarantees on a legislative footing in the Bill by ensuring that those with acquired rights will be protected under the Bill through the manner in which the SI-making power is used.





Published: 26 March 2019