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

Debate between Kemi Badenoch and Kate Green

Thursday 14th February 2019 Public Bill Committees

[Kate Green]

Q Do you have any concerns about the power that this Bill would confer on Ministers to make different provisions in relation to social security for different categories of European economic area or other nationals?

Professor Smismans: Yes, the Bill explicitly says that. The positive interpretation might be, “Well, actually, we needed that to say we have to distinguish between future immigration and those people who are already here.” The practice of the first instruments that are adopted is that actually they do not make that distinction, so it can be used in many different ways. That is why our proposal is that if there is such delegation, at least there has to be a protection for people who are already here saying that their rights cannot be removed by secondary legislation.

[Mrs Kemi Badenoch (Saffron Walden) (Con)]

Q Professor, as part of the3million, you have had frequent meetings with Government in terms of designing the settled status scheme. Can you tell us how effective you think the Government and the Home Office in particular were in engaging with stakeholders?

Professor Smismans: There has been engagement with stakeholders on the practical implementation, for sure, which has been useful. I think it has been more difficult to have any influence or feedback when civil society has said, “Well, actually, our rights have to be guaranteed; it’s not just an issue of practical implementation.” That has been far more problematic. There has been an involvement, but given the state of the legislation and the rules, clearly civil society has not been as effective as it hoped.