Security and Immigration (EU Withdrawal) Bill

#Security and Immigration (EU Withdrawal) Bill

 

*A Bill to make provision to end the right to free movement of persons under retained EU law and to repeal other retained EU  law  relating to immigration.*

 

BE IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

 

**1 Repeal of EU law relating to immigration**

*Schedule 1 makes provision to end the right to free movement of persons under retained EU law and to repeal other retained EU  law  relating to immigration.*

 

**2 Irish citizens: Right to remain without leave**

The Immigration Act of 1971 shall be amended as follows:

>(a) After Section 3 insert text to read as the following:

>>**“3ZA Irish Citizens**

>>(1) An Irish citizen does not require leave to enter or remain in the United Kingdom, unless subsection (2), (3) or (4) applies to that citizen.

>>(2) This subsection applies to an Irish citizen if the Irish citizen is subject to a deportation order made under section 5(1), if the Secretary of State has issued a directive for the Irish citizen not to be granted entrance to the United Kingdom on grounds that the exclusion of the citizen is beneficial to the public good and the citizen is aware of the active directive, or if the Irish citizen is an excluded person for the purposes of section 8B.

>>(3) Section 1(3) shall not be construed to permit the Irish citizen to enter the United Kingdom without leave from any place in the common travel area.”

>(b) In section 9(a) in subsection (2), in the closing words, after “British citizens” insert “or Irish citizens”

>(c) In section 9(b) in subsection (4), in the opening words, after “British citizen” insert “or an Irish citizen”.

>(d) In Schedule 4 in paragraph 1 in sub-paragraphs (1) and (2) and in paragraph 4, after “British citizen” insert “or an Irish citizen”;

 

**3 Meaning of “the Immigration Acts”**

(1) In subsection 2, section 61 of the UK Borders Act of 2007, the “and” shall be omitted at the end of paragraph j, and insert “Part 1 of the Security and Immigration Withdrawal Act” after paragraph k.

(2) This Part is not retained European Law.

 

**4 Extent, commencement and short title**

(1) This Act extends to the whole of the United Kingdom.

(2) This Act comes into force on the day of royal assent.

(3) This Act may be cited as the Security and Immigration (EU Withdrawal) Act 2019.


 

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#Schedule 1


**Part 1**

(1) Section 7 of the Immigration Act of 1988 shall be struck with the passage of this act.

(2) Section 109 of the Nationality, Immigration and Asylum Act 2002 shall be struck with the passage of this act.

(3) The Immigration (European Economic Area) Regulations 2016 made under section 2(2) of the European Communities Act 1972 as well as under section 109 of the 2002 Act are struck from the law with the passage of this act. In the following paragraphs of the 2002 Act, strike “or by virtue of section 109”.

(4) In the Provision of Services Regulations 2009 in regulation 5 after paragraph 2 insert—
“(2A) Nothing in these Regulations affects the interpretation, application or operation of any provision made by or under
the Immigration Acts.”

 

**Part 2**

(1) Article 1 of the Workers Regulation shall be struck.

(2) Other provisions of the Workers Regulations shall cease to apply so far as they are made incompatible or inconsistent with the Immigration Acts, including this Act, or as insofar as they are able to affect the interpretation or operation of such a provision.

(3) For the purposes of this Act, “Workers Regulations” shall refer to European Regulation No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the European Union.

(4) From the moment of the passage of this act, Council Regulations 1683/95 of 29 May 1995, 333/2002 of 18 February 2002, and 377/2004 of 19 February 2004 shall be revoked.

(5) From the moment of the passage of this act, Commission Decision  88/384/EEC of 8 June 1988, Council Decision 97/340/JHA of 26 May 1997, Council Decision 2004/191/EC of 23 February 2004, Council Decision 2004/573/EC of 29 April 2004, Council Decision 2005/267/EC of 16 March 2005, Commission Decision 2005/687/EC) of 29 September 2005, and Council Decision 2008/381/EC of 14 May 2008 shall be revoked.

(6) The  Council Decision 2000/365/EC of 29 May 2000  and Council Decision 2004/926/ECof 22 December 2004 are revoked insofar as they relate to Article 26 of the 1990 Schengen Convention.

(7) For the purposes of this Act, “1990 Schengen Convention” shall refer to the Convention implementing the Schengen Agreement of 14 June 1985.

 

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This Bill was submitted by the Right Honourable DexterAamo, Member of Parliament for Leeds and Wakefield and Minister of State for Security on behalf of the 21st Government.