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

Karen Buck Excerpts

Monday 7th December 2020 General Committees

[Ms Karen Buck (Westminster North) (Lab)]

It is a pleasure to serve under your chairmanship this afternoon, Mr Gray. As I think is reasonably obvious, the Opposition will not oppose the draft regulations. Social security with the EU and EEA countries will be vital post Brexit, and the temporary unilateral measures that are ended by the regulations are clearly not a basis for that ongoing co-ordination. We support bringing forward the changes to the Social Security Administration Act 1992 to the extent that that facilitates agreement on ongoing social security co-ordination. However, I have to note the absurdity of the circumstances under which we are discussing the statutory instrument. It is now 7 December 2020. On the 31st, the transition period will come to an end, and we still do not know whether there will be a deal between the UK and the EU—

[The Chair]

Order. The hon. Lady’s remarks must be strictly in the context of the draft SI.

[Ms Buck]

—let alone whether that deal will include social security co-ordination or whether it will replace the regulations being ended by the draft SI. It is testimony to the Government’s entire approach to the negotiations that the draft instrument has come before the Committee so late in the day and under such continuing uncertainty. The time to discuss these measures is when a deal has been secured and the future framework of co-ordination that will replace the regulations that are being ended is a known quantity, but that is not the situation that we are in.

We therefore need clarification of the implications of the draft regulations in the event of a deal and in the event of no deal. First, I am sure that the Minister will be happy to confirm that in the event of no deal, nothing in the draft regulations will in any way alter the social security protections afforded to resident EU, EEA or European Free Trade Association citizens under the withdrawal agreement.

[Justin Tomlinson]

Correct.

--- Later in debate ---

[Ms Buck]

Secondly, can the Minister clarify the implications of the draft regulations for EU citizens living in the UK who are not covered with the withdrawal agreement provisions, in relation to such matters as accidents at work, maternity pay, state pension contributions, access to the NHS and benefit entitlement? Will they enter a legal no man’s land until future reciprocal agreements are negotiated? What are the implications for UK social security expenditure in the event of no deal?

The draft regulations will be made under the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020. The Home Office’s explanatory notes on the Bill note:

“The power to make regulations under Part 2 of the Bill has the potential to be used in a way that could change the cost to the public sector in terms of social security co-ordination. It is not possible to quantify precisely what those costs may be at this stage, but there is the potential for costs that are more than merely notional.”

Why have the Government not provided an impact assessment to enable us to assess that?

On part 4 of the draft regulations, which brings forward the date on which changes to the Social Security Administration Act 1992 come into effect, the explanatory memorandum states that

“subject to the outcome of the negotiations with the EU, and the details of any agreement, it may be necessary to use the powers in section 179 of the SSAA 1992 and section 155 of the SSAA(NI) Act 1992 to make a reciprocal agreement with the EU prior to the end of the transition period. This instrument brings forward the changes as a precaution given that the amendments in the Social Security (Amendment) (EU Exit) Regulations 2019 and the Social Security (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 only take effect from the end of the transition period, as a consequence of the EU (Withdrawal Agreement) Act 2020.”

I read this as saying that if there is to be an agreement on social security as part of a deal, the necessary amendments to the 1992 legislation will need to already have come into force beforehand. The question is, have the Government only just realised this? Have they have been negotiating on social security all year without noticing that they did not have the powers to do a deal until after the transition period? Some clarity on this important point would be welcome.