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

Lord Flight Excerpts

Report stage & Report: 3rd sitting (Hansard) & Report: 3rd sitting (Hansard): House of Lords
Tuesday 6th October 2020 Lords Chamber

Moved by

[Lord Flight]

28: Clause 5, page 4, line 2, at end insert—
“(2A) The power to make regulations under subsection (1) does not include power to make provision inconsistent with the withdrawal agreement as defined by section 39 of the European Union (Withdrawal Agreement) Act 2020 (interpretation).”Member’s explanatory statement
This amendment would ensure that the power to make regulations under subsection (1) can only be used in ways consistent with the UK’s obligations under the EU Withdrawal Agreement.

[Lord Flight (Con) [V]]

My Lords, I am sorry that I must participate by telephone, but Zoom did not work for me today. Amendment 28 would ensure that the power created by the Bill could be used only in ways which are consistent with the UK’s obligations under the UK-EU withdrawal agreement.

The retained direct EU legislation set out in Clause 5(2) is the full gamut of EU legislation on social security co-ordination. Under the withdrawal agreement, the UK is committed to apply this legislation to all those within the scope of Part 2 of the agreement —“Citizens’ Rights”— and to some others. It seems strange that essentially financial matters to do with pensions are mixed with other social matters here.

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[The Deputy Speaker (Baroness Morris of Bolton) (Con)]

Is the noble Lord moving his amendment?

[Lord Flight (Con) [V]]

No.

[The Deputy Speaker (Baroness Morris of Bolton) (Con)]

Well, the noble Lord has actually spoken, so he needs to move it for everybody else to respond.

[Lord Flight (Con) [V]]

Right. I will withdraw the amendment when I sum up at the end.

[The Deputy Speaker (Baroness Morris of Bolton) (Con)]

The noble Lord, Lord Naseby, has withdrawn, so I call the noble Baroness, Lady Hamwee.

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[The Deputy Speaker (Baroness Morris of Bolton) (Con)]

My Lords, I have received no requests to ask a question of the Minister, so I now call the noble Lord, Lord Flight.

[Lord Flight (Con) [V]]

My Lords, this amendment addresses the aggregation of social security contributions across the EU, mutual healthcare and, in particular, the payment of pensions and pension increases to pensioners living in different EU countries. It is important that citizens’ positions are protected. The noble Baroness, Lady Stedman-Scott, has given a satisfactory undertaking that these areas cannot be affected by the clause in question and that this amendment is therefore not necessary. I beg leave to withdraw the amendment.

Amendment 28 withdrawn.