Immigration and Social Security Co-ordination Bill (EU Withdrawal) Bill
List of amendments supported at 3rd Reading
PROPOSED AMENDMENTS TO THE IMMIGRATION AND SOCIAL SECURITY CO-ORDINATION (EU WITHDRAWAL) BILL
1. The Secretary of State for the Home Office, Priti Patel MP, has proposed 31 amendments to the Immigration and Social Security Co-ordination (EU Withdrawal) Bill. These amendments all relate to social security co-ordination and follow the decision of the Scottish Government not to proceed with a Legislative Consent Motion.
2. Amendments 1 and 2 remove the power conferred on Scottish Ministers (acting alone or acting jointly with a Minister of the Crown) to make regulations under clause 5. Scottish Ministers would have no power to amend retained EU law relating to social security co-ordination under the Bill.
3. Amendments 3, 4 and 6 to 31 are related consequential amendments. These are required to ensure that the Bill reads correctly following the removal of this power. For example, the definition of a “devolved authority” would be removed, and references to a “devolved authority” would be amended to a “Northern Ireland Department”, as a Northern Ireland Department would still retain the power to amend retained EU law relating to social security co-ordination.
4. Amendment 5 limits the scope of the power conferred on the Secretary of State and the Treasury, and on a Minister of the Crown acting jointly with a Northern Ireland Department, to modify retained direct EU legislation under clause 5 (retained direct EU legislation relating to social security legislation). No provision that is within the legislative competence of the Scottish Parliament may be made under the power unless incidental or consequential on provisions outside of the Scottish Parliament’s competence.
FULL LIST OF PROPOSED AMENDMENTS
1. Clause 5, page 4, line 31, leave out “devolved authority” and insert “Northern Ireland department”.
2. Clause 5, page 4, line 32, leave out “devolved authority” and insert “Northern Ireland department”.
3. Clause 5, page 4, line 33, leave out “of devolved authorities”.
4. Clause 6, page 4, leave out lines 41 and 42.
5. Schedule 2, page 9, line2, at end insert —
“PART A1
SCOPE OF THE POWER OF A MINISTER OF THE CROWN ACTING ALONE OR JOINTLY
A1 No provision that would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament may be made—
(a) by the Secretary of State or the Treasury acting alone, or
(b) by a Minister of the Crown acting jointly with a Northern Ireland department,
in regulations under section 5, unless that provision is merely incidental to, or consequential on, provision that would be outside that legislative competence.
A2 In considering, for the purposes of paragraph A1, whether a provision would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament, no account is to be taken of section 29(2)(d) of the Scotland Act 1998 so far as relating to EU law.”
6. Schedule 2, page 9, line 6, leave out “devolved authority” and insert “Northern Ireland department”.
7. Schedule 2, page 9, line 8, leave out “devolved authority” and insert “Northern Ireland department”.
8. Schedule 2, page 9, line 9, leave out paragraph 2.
9. Schedule 2, page 10, line 6, leave out “devolved authority” and insert “Northern Ireland department”.
10. Schedule 2, page 10, line 9, leave out “devolved authority” and insert “Northern Ireland department”.
11. Schedule 2, page 10, line 11, leave out from “by” to “a” in line 14.
12. Schedule 2, page 10, line 19, leave out from first “an” to end of line.
13. Schedule 2, page 10, line 22, leave out “devolved authority” and insert “Northern Ireland department”.
14. Schedule 2, page 10, line 23, leave out “another person” and insert “a Northern Ireland devolved authority”.
15. Schedule 2, page 10, line 27, leave out sub-paragraph (1).
16. Schedule 2, page 10, line 46, leave out “(1) or”.
17. Schedule 2, page 11, line 1, leave out from first “an” to second “Act”.
18. Schedule 2, page 11, line 5, leave out from “by” to “a” in line 8.
19. Schedule 2, page 11, line 11, leave out sub-paragraph (1).
20. Schedule 2, page 11, line 25, leave out “(1) or”.
21. Schedule 2, page 11, line 26, leave out from “an” to “Act” in line 27.
22. Schedule 2, page 11, line 30, leave out “(1) or”.
23. Schedule 2, page 11, line 32, leave out from “by” to “a” in line 35.
24. Schedule 2, page 12, line 4, leave out “Section 57(2) of the Scotland Act 1998 and”.
25. Schedule 2, page 12, line 5, leave out “, so far as relating to EU law, do” and insert “does”.
26. Schedule 3, page 12, line 14, leave out “devolved authority” and insert “Northern Ireland department”.
27. Schedule 3, page 12, line 21, leave out paragraph 2.
28. Schedule 3, page 12, line 31, leave out sub-paragraph (2).
29. Schedule 3, page 13, line 1, leave out paragraph 4 and insert —
“Scrutiny where joint exercise
4 Regulations under section 5 of a Minister of the Crown acting jointly with a Northern Ireland department may not be made unless—
(a) a draft of the statutory instrument containing those regulations has been laid before, and approved by a resolution of, each House of Parliament, and
(b) a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.”
30. Schedule 3, page 14, line 3, leave out “the Scottish Parliament or”.
31. Schedule 3, page 14, line 7, leave out “the Scottish Parliament or, as the case may be,”.
