Draft Cessation of EU Law Relating to Prohibitions on Grounds of Nationality and Free Movement of Persons Regulations 2022

Tom Pursglove Excerpts

Wednesday 16th November 2022 General Committees

[The Minister for Disabled People, Health and Work (Tom Pursglove)]

I beg to move,

That the Committee has considered the draft Cessation of EU Law Relating to Prohibitions on Grounds of Nationality and Free Movement of Persons Regulations 2022.

It is a pleasure to serve under your chairmanship, Mr Bone. The draft regulations will further the Government’s aim of ensuring that all UK law is right for the UK by disapplying certain retained EU provisions that have been redundant since the end of the transition period. Before the UK’s exit from the European Union, the retained provisions granted European Economic Area and Swiss citizens the right to access benefits, services and educational entitlements on the same basis as UK nationals if their presence in the UK was in the exercise of specific freedom of movement rights.

The UK voted to leave the EU and, as a result, freedom of movement between the UK and European countries came to an end on 31 December 2020. As the provisions the draft regulations disapply were based in EU freedom of movement arrangements, they became redundant on that date. The withdrawal agreement provides the necessary protections for EEA citizens and their family members who were resident in the UK before the end of the transition period. This statutory instrument disapplies the retained EU equal treatment provisions, so that they cease to be recognised and available in domestic law in relation to access to social security, statutory payments, social assistance, housing assistance, education and training, apprenticeships and childcare-related matters.

In line with our manifesto commitments, EEA nationals coming into the country via the points-based immigration system are treated equally to those coming from elsewhere in the world. They are protected from individual discrimination by equal treatment and non-discrimination provisions enshrined in UK law.

The regulations clarify the situation already in effect, which is that there is no longer distinct treatment of EEA nationals, compared with non-EEA nationals, with regards to immigration and access to benefits, services and entitlements. The exception to that is those EEA and Swiss nationals residing in the UK under the EU settlement scheme. They continue to be able to access benefits, services and entitlements on the same basis as they could before the UK left the EU, in accordance with the terms of the UK-EU withdrawal agreement and equivalent agreements with the EEA and Switzerland. Their ability to do so is protected by the European Union (Withdrawal Agreement) Act 2020, and will not be altered by the regulations.

In summary, the draft regulations do not introduce a change in policy for any group of EEA or Swiss nationals in the UK. They simply tidy up the UK statute book to ensure that it functions effectively and with legal clarity. I am satisfied that the regulations are compatible with the European convention on human rights. I commend them to the Committee.

--- Later in debate ---

[Tom Pursglove]

I am grateful to Members for their contributions to the debate. I repeat that the draft regulations are a technical rectification to ensure that UK law functions with legal clarity by disapplying retained EU law that is now redundant.

On the point made about discrimination, it is important to recognise that we have our own domestic equalities protection framework in place. We do not need to look to the European Union for that. On the philosophical argument made by the hon. Member for Brighton, Kemptown, I think it is fair to say that he was covering old ground; the decision to leave the European Union was made by the British people back in 2016, and this Government got on with delivering on the mandate that we were given by the British people. Ending freedom of movement, and having a points-based system that treats people equally regardless of where they come from in the world, is the right thing to do. That is reflected in the system we have in place. If Opposition Members take a different view of the form that the immigration system should take, I wonder whether those views will be put forward in their manifestos at the next general election.

I reiterate that the draft instrument will not change the policy in place regarding the rights enjoyed by EEA nationals in the UK. It will, however, correct a deficiency arising from retained EU law and bring greater clarity to the UK statute book. That goes directly to the heart of the point made by the shadow Minister, the hon. Member for Westminster North. This SI delivers absolutely no substantive policy change; it simply clarifies the situation that is already in effect.

[Stuart C. McDonald]

First, will we ever see something in domestic law that is designed to protect the rights of those who are protected by treaty? Secondly, on the list of exceptions in schedule 4 to the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020—quite a mouthful—a huge list of rights are retained under that SI. Are they affected by the draft regulations? Will the Minister answer that, now or later?

[Tom Pursglove]

I am grateful to the hon. Gentleman for his intervention. It reminds me of times gone by, when we regularly debated immigration-related matters in the House, and probably at times in this Committee Room. My clear understanding is that, given the protections in the withdrawal agreement, no rights are being taken away. However, I am happy to take away his substantive question, and to come back to him on it in writing. With that, I commend the regulations to the Committee.

Question put and agreed to.