Key Facts

• Clause 5 confers powers on Scottish Ministers, Northern Ireland Department, and UK Ministers to amend retained EU social security co-ordination regulations.
• Schedule 2 outlines the power of devolved authorities under clause 5.
• Schedule 3 provides detail on the form that regulations will take under the clause.
• Clause 5(1) of the Social Security Co-ordination (EU Withdrawal) Bill gives appropriate authorities broad power to modify co-ordination regulations through secondary legislation.
• The European Union (Withdrawal) Act 2018 already contains a power in section 8 to modify direct retained EU law, which has been used by the Government for four of the co-ordination regulations.
• Section 5 of the European Union (Withdrawal Agreement) Act 2020 inserts new section 7A into the 2018 Act to secure withdrawal agreement rights in domestic law.
• The mission creep involves significant policy changes through secondary legislation.
• Changes to social security co-ordination could impact millions of people's rights to benefits.
• Clause 5 allows for regulations that might breach international treaty obligations without proper scrutiny.
• The clause grants 'appropriate authority' power to modify retained direct EU legislation.
• The Committee recommended that there should be at least an 'appropriate' test on these regulations.
• There are three routes by which the clause's powers could be used in relation to devolved social security competence, including UK Ministers acting alone without formal role for the Scottish Parliament.
• The new clause requires the Secretary of State to publish a report within six months.
• The report must consider if Scottish Ministers, Welsh Ministers, and Northern Ireland Executive can nominate EEA and Swiss nationals for leave to enter or remain each year.
• The review includes considerations on public interest and national security grounds.
• Amendment 17 would disapply provisions ending free movement to Scotland.
• Small tourism or food and drink businesses will find the tier 2 system very difficult.
• EEA workers may face significant visa fees, NHS health surcharges, and skills charges.
• The Scottish economy relies significantly on small and medium-sized enterprises.
• Unemployment rate in Scotland is now the highest in the UK at 4.6% compared to a UK rate of 3%, with unemployment rising by 30,000 to 127,000.
• The population of rural areas like Argyll and Bute is projected to fall by up to 8%, while the UK's overall population is expected to rise by about 15%.
• Argyll and Bute Council's plan for economic regeneration was based on continuing access to EU nationals.
• The Migration Advisory Committee report recommended piloting a bespoke migration system for remote communities.
• The former Home Secretary supported the idea of developing such a pilot scheme.
• Pippa Milne, chief executive of Argyll and Bute Council, is willing to work with the UK Government on this initiative.
• The MAC has launched a call for evidence on the shortage occupation list and advice for the new points-based system.
• The Scottish Government is encouraged to promote business engagement in Scotland with the MAC process.
• There are powers available to the Scottish Government regarding economic development to address migration challenges.
• The Government plans to implement a points-based immigration system based on RQF3 and shortage occupation lists.
• Universities in Scotland can recruit globally under this new system.
• The Migration Advisory Committee advises against different immigration policies for each nation of the UK due to similar labour markets.
• Free movement from the EU will end on December 31, 2020.
• Amendment 11 seeks to ensure that members and representatives of faith communities from EEA and Switzerland can enter the UK without barriers.
• A cooling-off period was introduced, requiring Tier 5 Religious Workers to spend a minimum of 12 months outside the UK before returning.
• Catholic dioceses previously relied on tier 5 religious worker visas for priests to provide supply placements during parish priests' absences.
• The system for non-EEA nationals was changed by the Home Office 18 months ago.
• Tier 5 visas are much cheaper than tier 2 but do not allow ministers to lead worship.
• Parishes can still rely on priests from EEA under free movement but will face new visa regimes post-Brexit.
• The changes have doubled costs for parishes arranging supply cover, making it unsustainable for some.
• Faith communities have benefited from freedom of movement to welcome EEA nationals into their congregations.
• The tier system will bring complexity and significant costs for faith communities, including a one-year religious worker visa costing £244 plus an NHS surcharge of £624.
• Smaller denominations and poorer communities will be disproportionately affected by the loss of free movement.
• EEA nationals visiting the United Kingdom will not require visas.
• Larger faith communities are already sponsors and this status will transfer into the new system.
• Tier 2 route allows ministers of religion to stay for up to three years initially, extendable to six years, with potential settlement after five years.
• Tier 5 religious workers’ route permits stays of up to two years for supportive roles without an English language requirement.
• Fees are higher for tier 2 than for tier 5 because tier 2 migrants can stay longer and potentially settle in the UK.
• The proposed new clause requires a report detailing the impact on EEA and Swiss nationals.
• The report must be laid before Parliament within six months after being prepared.
• The report will consider impacts on public funds access, NHS charges, granting citizenship to health workers, fee removals for applications, and devolution of powers over immigration.
• New clause 10 proposes extending the EU Settlement Scheme deadline by six months unless debated and approved by both Houses of Parliament.
• New clause 11 allows for consideration of late applications after the scheme's deadline unless there are public policy, security, or health reasons to reject them.
• The speaker notes that reaching above 90% of the target population would be a success but warns that hundreds of thousands could lose status if not applying by June 30, 2021.
• New clause 10 would ensure the EU settlement scheme remains open until Parliament approves its closure.
• New clause 11 would allow late applications after the deadline unless there are reasons of public policy, security or health.
• People who miss the application deadline will face removal and a hostile environment.
• New clause 25 focuses on providing assurance to EEA and Swiss nationals who may not have had their status confirmed by the end of the transition period.
• The EU settlement scheme does not close until the end of June 2021, offering a grace period for applications.
• Luke Piper from the3million highlights uncertainty about legal rights during the six-month window between the end of free movement and the closure of the EUSS.
• The Roma community has been hard to reach.
• Funding is available for community organisations to reach such communities.