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

Debate between Lord Rosser and Lord Flight

Report stage & Report stage (Hansard): House of Lords & Report: 1st sitting & Report: 1st sitting: House of Lords
Wednesday 30th September 2020 Lords Chamber

[Lord Flight (Con)]

The purpose of the amendment is to ensure that the power created by this clause can be used only in ways which are consistent with the UK’s obligations under the UK-EU withdrawal agreement. Clause 4(2) enables regulations to be made to amend earlier primary legislation. The UK-EU withdrawal agreement is incorporated in UK law by the European Union (Withdrawal) Act 2018, as amended. It follows that, as drafted, the Clause 4 power enables the Secretary of State by regulation to modify the application in the UK of the withdrawal agreement.

The withdrawal agreement is the vital underpinning of the rights created in UK law for UK citizens living in the EU and EU citizens living here. It is a matter of constitutional concern that it should be given the maximum possible legal protection. As regards immigration, it underpins the UK’s EU settlement scheme for EU citizens in the UK. It is therefore essential both for EU citizens in the UK and for British nationals in the EU that the withdrawal agreement remains sacrosanct.

It will no doubt be said that a UK Government would never act in breach of an international treaty. Be that as it may, Clause 1, enabling legislation, should never be drafted in such broad terms that this could happen. On Clause 2, where proposed legislation might be seen as a breach of the withdrawal agreement, the decision on whether it does in fact do so should be a matter for Parliament to consider properly through primary legislation.

Given the complexity of immigration legislation in the UK, without the amendment it is also possible that a regulation may be entirely unwittingly in breach of the agreement but that that inconsistency is not spotted. There is no downside to our proposed amendment. It does no more and no less than ensure that the withdrawal agreement is honoured.

[Lord Rosser (Lab)]

As the noble Baroness, Lady Hamwee, said, she tabled this amendment in Committee. It would prevent regulations that are made under Clause 4 being able to include any provisions that could be inconsistent with the withdrawal agreement. Its intention is to make sure that nothing can be done that undermines the rights of UK citizens in the EU and EU citizens here that were guaranteed under the withdrawal agreement. I await with interest to hear the response. I assume that the Minister will be able to provide adequate reassurance that rights in the withdrawal agreement are protected. There would certainly be an issue if the Government were not able to provide that reassurance.