Draft Social Security (Amendment) (EU Exit) Regulations 2018 Draft Social Security (Amendment) (Northern Ireland) (EU Exit) Regulations 2018

Theresa Villiers Excerpts

Thursday 20th December 2018 General Committees

[Alok Sharma]

It is a particular pleasure to serve under your chairmanship, Sir Edward. I know all colleagues will be delighted, five days before Christmas, to be here discussing these draft regulations. They were originally laid before both Houses on 31 October. They enable the Government to make minor and technical changes to domestic legislation, to reflect that the UK will no longer be a member state of the European Union after exit day.

Before I move on to the details of the draft regulations, it may be useful if I provide some context. British domestic legislation contains various references to EU law and to the UK as a member state of the European Union, which will no longer be the case once the UK exits the European Union. It also includes a provision that allows the Secretary of State to implement reciprocal agreements.

The social security legislation that applies in Northern Ireland broadly mirrors that in Great Britain. We are making regulations that make analogous amendments to the corresponding Northern Ireland legislation. The Department for Communities in Northern Ireland has agreed the text of the draft regulations. The text follows the recommended approach of the EU exit statutory instruments policy handbook to make separate Northern Ireland statutory instruments that create a separate “transferable” body of Northern Ireland legislation made at Westminster in the absence of a functioning Northern Ireland Assembly.

[Theresa Villiers (Chipping Barnet) (Con)]

I would be interested to hear the Minister expand on the constitutional position. Obviously, the Government have been very clear that they are not moving to direct rule, but we are proposing to legislate on social security matters for Northern Ireland, which is normally a devolved matter. Could he explain exactly how this fits into the overall picture of the current status of the Stormont institutions and the efforts to restore devolution?

[Alok Sharma]

My right hon. Friend raises an important point, and she is right: the UK Government remain committed to restoring devolution in Northern Ireland. That is particularly important in the context of EU exit, where we want devolved Ministers to take the necessary actions to prepare Northern Ireland for exit. Those actions include ensuring that the necessary legislative corrections are made to ensure that the Northern Ireland statute book is ready for exit from day one, consistent with the action being taken at Westminster and the other devolved legislatures. That is why what is being done today is part of helping to keep a separate body of Northern Ireland law intact for when a functioning Executive and Assembly return.

The draft regulations are made using powers in the European Union (Withdrawal) Act 2018 to fix legal inoperabilities and other deficiencies in retained EU law that will arise on exit. That will ensure that the converted law continues to operate effectively after the UK’s exit and to allow consequential changes to be made. The approach to the amendments is in line with the policy and legal intent of the EU (Withdrawal) Act.

Broadly speaking, we are using these draft regulations to make two types of changes. First, where the UK is referred to as a member state of the EU, an amendment will be made to reflect the UK’s new status as a state independent of the EU. Secondly, we extend the scope of section 179 of the Social Security Administration Act 1992, to allow us to implement a social security agreement with a supranational organisation such as the EU. The ability to implement an international agreement with a supranational organisation such as the EU was not necessary as an EU member state. It is necessary that we make those consequential changes to our legislation, to reflect the UK’s position as independent of the EU and to allow us to implement fully any agreement in domestic law. The Northern Ireland regulations mirror the amendments, for Northern Ireland legislation.