Call for written evidence: Immigration and Social Security Co-ordination
(EU Withdrawal) Bill
Do you have relevant expertise and experience or a special interest in the Immigration and Social Security Co-ordination (EU Withdrawal) Bill, which is currently passing through Parliament?
If so, you can submit your views in writing to the House of Commons Public Bill Committee which is going to consider this Bill.
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.
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, which is expected to be not later than 5.00pm on Thursday 7 March 2019. However, 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.
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.
What should written evidence cover?
Your submission should address matters contained within the Bill and concentrate on issues where you have a special interest or expertise, and factual information of which you would like the Committee to be aware.
Your submission could most usefully:
• suggest amendments to the Bill, with supporting explanation; and
• (when amendments are published) support or oppose amendments tabled to the Bill by Members of Parliament, with supporting explanation.
It is helpful if the submission includes a brief introduction about you or your organisation. The submission should not have been previously published or circulated elsewhere.
If you have any concerns about your submission, please contact the Scrutiny Unit (details below).
How should written evidence be submitted?
Your submission should be emailed to firstname.lastname@example.org
. Please note that submissions sent to the Government department in charge of the Bill will not be treated as evidence to the Public Bill Committee.
Submissions should be in the form of a Word document. A summary should be provided. Paragraphs should be numbered, but there should be no page numbering. Essential statistics or further details can be added as annexes, which should also be numbered.
As a guideline, submissions should not exceed 3,000 words.
Please include in the covering email the name, address, telephone number and email address of the person responsible for the submission. The submission should be dated.
What will happen to my evidence?
The written evidence will be circulated to all Committee Members to inform their consideration of the Bill.
Most submissions will also be published on the internet as soon as possible after the Committee has started sitting.
Those making a submission to a Committee inquiry should note the following:
• Committees publish most of the written evidence they receive on the internet (where it will be accessible to search engines).
• If you do not wish your submission to be published, you must clearly say so and explain your reasons for not wishing its disclosure. The Committee will take this into account in deciding whether to publish. If you wish to include private or confidential information in your submission to the Committee, please contact the Clerk of the Committee to discuss this. The Scrutiny Unit (details below) will be able to provide you with contact details for the clerk.
• A Committee is not obliged to accept your submission as evidence, nor to publish any or all of the submission even if it has been accepted as evidence. This may occur where a submission is very long or contains material to which it is inappropriate to give parliamentary privilege (see Guide for Witnesses for further information on parliamentary privilege).
• Material already published elsewhere should not form the basis of a submission, but may be referred to within a submission, in which case it should be clearly referenced, preferably with a hyperlink.
• You should be careful not to comment on matters currently before a court of law, or matters in respect of which court proceedings are imminent. If you anticipate such issues arising, you should discuss with the Clerk of the Committee how this might affect your submission.
• Once submitted, no public use should be made of any submission prepared specifically for the Committee unless you have first obtained permission from the Clerk of the Committee. If you are given permission by the Committee to publish your evidence separately, you should be aware that you will be legally responsible for its content.
• Evidence which is accepted by the Committee may be published online at any stage; when it is so published it becomes subject to parliamentary copyright and is protected by parliamentary privilege.
• Once you have received acknowledgement that the evidence has been published you may publicise or publish your evidence yourself. In doing so you must indicate that it was prepared for the Committee, and you should be aware that your publication or re-publication of your evidence may not be protected by parliamentary privilege.
• Public Bill Committees do not investigate individual cases of complaint or allegations of maladministration.
• The personal information you supply will be processed in accordance with the provisions of the Data Protection Act 1998 for the purposes of attributing the evidence you submit and contacting you as necessary in connection with its processing.
• The Clerk of the House of Commons is the data controller for the purposes of the Act.
• If you have any queries or concerns about the collection and use of this information please advise the committee team providing your full contact details.
Scrutiny Unit contact details
Telephone: 020 7219 8387
Address: Ian Hook
Senior Executive Officer
House of Commons
London SW1A OAA