Social Security Co-ordination (Revocation of Retained Direct EU Legislation and Related Amendments) (EU Exit) Regulations 2020

Baroness Janke Excerpts

Tuesday 8th December 2020 Grand Committee

[Baroness Janke (LD) [V]]

I thank the Minister for her presentation. I and others supported efforts to restrain the transfer of widespread powers to Ministers under the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020. The DPRRC recommended the removal of this clause from the Bill.

This order, as the Minister has said, is laid through the powers of the Bill, which are seen by many to be excessive and undemocratic in their scope and the authority they give to Ministers. Revocation of the clauses in this order dismantles the system of reciprocal arrangements for future workers from the EU or the EEA. The social security regulations are widely recognised as a well-established system of administrative co-operation between countries that ensures the effective operation of the co-ordination rules, dispute resolution and secure data sharing. Although the order and the revocation of these clauses from UK law does not apply to existing EU citizens living in the UK or UK citizens in the EU, it is a retrograde step to inhibit and hinder workers, many of whom are essential to the UK.

Like the noble Baroness, Lady Sherlock, I wonder why there is no impact assessment on, for example, how this will affect the care services or the National Health Service. Has there been any consultation with caring services or the NHS? If so, why are we not seeing the results? What about businesses dependent on workers from the EU and the EEA, such as the tech industries, aerospace and the automotive industry?

As others have said, the exercising of these powers underlines the inadequacy of the procedure for amending primary legislation and the use of the wide-ranging powers the Government have given themselves. Important questions arise here, as the messages the Government are sending out at the moment are at best ambiguous and at worst undermining of confidence in the future of the UK economy. The value of and benefits from trade deals and investment depend on the quality of the relationship between Governments. Trust and confidence are key factors.

The whole issue of good faith and trust is in question due to powers the Government have given themselves in the United Kingdom Internal Market Bill. The revoking of the social security regulations adds to the lack of international confidence in the UK. If we are unwilling to ensure future arrangements for such things as pensions and benefits to citizens from other countries —people who bring their essential skills and experience to work here—how can other countries, business and investors have confidence in the UK or its economy?

If these revocations and the revocation of the fixing arrangements that were put in place in case of no deal are agreed, there will be a policy vacuum. How is that to be addressed? What are the Government’s plans, and what is the timescale? Are we talking about reciprocal arrangements between each EU country? Presumably that will take quite a long time. Are we correct in assuming that this will be addressed through secondary legislation and that Parliament will have no role to play in future agreements?

It will be important to reassure future trade and investment partners of the robustness of the arrangements underpinning the UK economy. As the noble Lord, Lord Bhatia, said, it is important that this does not end in chaos in our new global context. I would welcome some understanding of how the Government will address this and in what timescale. I look forward to the Minister’s response.

[The Deputy Chairman of Committees (Lord Duncan of Springbank) (Con)]

We have been having some gremlins today, but we will try to return now to the noble Baroness, Lady Ludford.