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Immigration and Social Security Co-ordination (EU Withdrawal) Bill - Sitting 2 (Afternoon)

09 June 2020

Proposing MP
Gainsborough
Type
Public Bill Committee

At a Glance

Issue Summary

The discussion focuses on the implications of the Social Security Co-ordination (EU Withdrawal) Bill for British citizens living in Europe. Edward Leigh discusses concerns about the Immigration and Social Security Co-ordination (EU Withdrawal) Bill regarding Irish citizens' rights and potential discrepancies in deportation standards. The statement addresses the inequality faced by UK citizens living in the EU compared to EU citizens living in the UK regarding family reunification after March 2022. Edward Leigh welcomes a panel of witnesses to discuss the Immigration and Social Security Co-ordination (EU Withdrawal) Bill. The statement discusses public attitudes towards immigration following Brexit and the impact of ending free movement on different sectors of the economy. The discussion revolves around the alignment between immigration and domestic skills strategies, questioning whether the Migration Advisory Committee (MAC) is equipped to address workforce issues effectively. The MP discusses the potential for a separate visa regime in Scotland post-Brexit and the importance of integration strategies. The statement discusses the challenges associated with free movement of people and the potential benefits of the Immigration and Social Security Co-ordination (EU Withdrawal) Bill. The MP is addressing concerns regarding the Immigration and Social Security Co-ordination (EU Withdrawal) Bill and its implications on social security coordination clauses and immigration detention. Adrian Berry discusses the clarity and certainty needed in the Immigration and Social Security Co-ordination (EU Withdrawal) Bill regarding retained EU law and immigration provisions. The statement discusses the impact of proposed changes to deportation laws under the Immigration and Social Security Co-ordination (EU Withdrawal) Bill, particularly how these changes will affect EU citizens similarly to non-EU citizens. Edward Leigh addresses procedural matters and ensures clarity for speakers during the committee discussion on the Immigration and Social Security Co-ordination (EU Withdrawal) Bill. Edward Leigh introduces Mr Luke Piper for questioning regarding the Immigration and Social Security Co-ordination (EU Withdrawal) Bill. Luke Piper from an organisation discusses concerns about EU citizens missing the deadline to apply for settled status under the EU settlement scheme and the potential issues this could cause. The statement discusses concerns about EU citizens failing to apply for settled status before the deadline, highlighting potential legal issues and social security impacts. The statement discusses amendments to grant automatic settled status to vulnerable children, particularly those in care or as care leavers. Edward Leigh welcomes witnesses Alison Harvey and Ian Robinson to discuss the Immigration and Social Security Co-ordination (EU Withdrawal) Bill. The statement addresses concerns regarding the complexity and cost of the UK's new immigration system post-EU withdrawal. The speaker discusses concerns over the Immigration and Social Security Co-ordination (EU Withdrawal) Bill and questions its necessity given existing withdrawal acts. She also addresses rights for Irish citizens and people of Northern Ireland under the Belfast Agreement. The statement discusses the challenges and costs associated with the new immigration system for businesses, particularly small and medium-sized enterprises (SMEs), following EU withdrawal. Edward Leigh addresses the timing for adjourning the parliamentary session.

Action Requested

No specific action is requested; the minister clarifies that a Minister cannot breach international law through regulations and seeks to understand concerns about the Government's ability to quickly implement future social security agreements with the EU.

Key Facts

  • The social security provisions are crucial for UK citizens in the EU, governing pensions, healthcare, other benefits, and national insurance contributions aggregation.
  • Clause 5 of the Bill creates a regulation-making power that could modify rights under the withdrawal agreement, raising concerns about potential breaches of international treaties.
  • British in Europe has limited views on future policy post-Brexit but supports the Government's ability to implement further agreements as necessary.
  • Clause 2 of the Bill addresses a gap in immigration law regarding Irish citizens.
  • There are concerns about whether Irish citizens will have the same rights as British citizens when sponsoring family members.
  • The threshold for deporting Irish citizens is currently higher than the general public interest standard.
  • Amendment 14 aims to remove inequality faced by UK citizens in the EU compared to EU citizens in the UK.
  • The minimum income requirement for returning to the UK is £18,600.
  • About 40% of people living in the UK would be unable to meet this requirement.
  • Edward Leigh welcomes a second panel of witnesses to discuss the Bill.
  • The meeting takes place until 3:20 pm at the latest.
  • Jill Rutter represents British Future, and David Goodhart from Policy Exchange.
  • One third of food manufacturing's employees are from the EU.
  • In hospitality, about 20% of employees are from the EU.
  • The NHS has some special exemptions with an overall figure of about 5% or 6% EU workers.
  • Migration Advisory Committee (MAC) assesses workforce shortages but primarily informs immigration approach.
  • UK spends heavily on university education without considering economic needs.
  • Apprenticeship levy covers less than 10% of school leavers entering apprenticeships.
  • Proposal to simplify the apprenticeship system with a 50-50 employer/state funding split.
  • The MP mentions the need for a proper status checking system for employers and landlords to support a separate visa regime in Scotland.
  • There is concern about the lack of high-level champions for integration since Sajid Javid's departure from Government positions.
  • The controlling migration fund, which addresses local impacts of immigration, will end soon without an announced successor.
  • Edward Leigh chairs the Public Bill Committee.
  • Detention Action and the Immigration Law Practitioners Association provide oral evidence.
  • The session is scheduled until 4 pm.
  • The MP highlights the existing power under section 8 of the European Union (Withdrawal) Act 2018 to amend ineffective retained EU law.
  • There is an additional set of powers under section 13 of the European Union (Withdrawal Agreement) Act 2020 for social security coordination.
  • The MP questions the necessity of a fourth set of powers in clause 5 when there are already existing Henry VIII powers.
  • The EU law has been domesticated under the European Union (Withdrawal) Act 2018 and clauses in the Bill say that retained EU law applies except if inconsistent with immigration provisions.
  • There are multiple reasons why individuals might miss deadlines for settled status applications, including leading disordered lives, mental health impairments, or long-term sickness.
  • The Home Office is drawing on precedent-based treaties with Canada, Japan and South Korea which include mobility routes for short-term business visitors, key personnel, independent professionals etc., for up to 24 months.
  • In 2007, the Labour Government introduced mandatory deportation rules for those receiving a sentence of 12 months or longer.
  • The coalition Government in 2014 added that resisting deportation on grounds of parental relationship would require showing excessive cruelty rather than mere cruelty.
  • These laws disproportionately impact Britain’s black community due to over-representation in the criminal justice system and social/economic deprivation.
  • Edward Leigh is ensuring that speakers can be heard by facing the committee or microphones.
  • Edward Leigh is the Chair of the Public Bill Committee.
  • The committee has only 15 minutes for questioning.
  • Mr Luke Piper is providing evidence regarding the Bill.
  • Over 3 million applications have been made to the EU settlement scheme.
  • The deadline for applying is June next year.
  • There are concerns that marginalised and disenfranchised groups, such as those with disabilities or mental health issues, may miss the application deadline.
  • Bulgarian citizens' application numbers exceed population estimates, indicating ongoing applications.
  • The most successful UK scheme, digital TV switch, achieved 97% sign-up rate by its deadline.
  • Approximately 100,000 people may lose their legal right to live in the UK if they do not apply for settled status.
  • Lucy Leon is an immigration policy and practice adviser for The Children’s Society.
  • Amendment proposes automatic settled status for vulnerable children in care or as care leavers.
  • Local authorities need to identify these children and offer them settled status within a specific timeframe.
  • Social workers struggle with understanding their roles and responsibilities under the current scheme.
  • Alison Harvey is a barrister at No5 Chambers in London.
  • Ian Robinson is a partner in Fragomen, an immigration law firm.
  • The Bill addresses the removal of free movement laws but does not establish a new points-based system.
  • The UK will have one complex immigration system for everyone post-EU withdrawal.
  • The skilled part of the system is expected to be among the best in terms of policy and speed, but it is costly compared to other countries.
  • There are concerns about delays for employers new to the immigration system if they do not obtain sponsor licences before year-end.
  • The speaker refers to the European Union (Withdrawal) Act 2018 and the European Union (Withdrawal Agreement) Act 2020.
  • Irish citizens and people of Northern Ireland have specific rights under the Belfast agreement.
  • Proposed new section 3ZA in the Immigration Act aims to protect rights for those entering the UK from Ireland.
  • Established tier 2 sponsors will face simpler but more expensive procedures.
  • New employers may spend between two to four weeks preparing documentation for an application which typically takes four to six weeks.
  • An SME sponsoring a single individual costs about £4,000 while a larger employer pays around £5,500; families incur additional fees of up to £17,000 in government charges alone.
  • Edward Leigh addresses the timing for adjourning the parliamentary session.
  • The session is ordered to be adjourned by Tom Pursglove, acting as Whip.
  • Further consideration will resume on Thursday 11 June at half-past Eleven o’clock.
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