The Government was warned by Home Office officials Britain could face 'another Windrush
' over attempts to end free movement of EU migrants overnight on October 31. A Paper discussed by the Cabinet Brexit
XO “exit operations” cabinet sub-committee last week recommended continuing free movement until 2021. The plans were rejected by ministers. Meanwhile somewhere is Whitehall the Home Secretary is being briefed by one of her top civil servants
PP: I want Free Movement ended on 31st October - no ifs - no buts
CS: Yes Minister - do you remember at Theresa May’s suggestion Parliament passed Section 6(7) European Union (Withdrawal) Act 2018 which ensures that the domestic legal system continues to function correctly outside the EU by converting and saving particular elements of EU law as it stands at the moment of exit into domestic law before the UK leaves the EU and preserves laws made in the UK to implement EU obligations. In doing so, the EUWA creates a new body of domestic law, known as “retained EU law”, which includes RDEUL and EU-derived domestic legislation. It was an idea dreamt up by Owen Patterson.
PP: Well we might have incorporated EU law into our laws but now I want to get rid of some EU laws by the 31st October no ifs no buts – let’s publish a statement of changes to the Immigration
Rules abolishing free movement by the 31st October - no ifs - no buts.
CS: Yes Minister - do you remember Margaret Thatcher passed Section 7 of the Immigration
Act 1988 which says “A person shall not under the principal Act require leave to enter or remain in the United Kingdom in any case in which he is entitled to do so by virtue of an enforceable right or of any provision made under section 2(2) of the European Communities Act 1972” so EU nationals are exempt from Immigration
control. It’s one of those quaint Parliamentary traditions you can’t repeal Acts of Parliament (our laws) with a statement of changes to the Immigration
PP: OK well if we can’t publish a statement of changes to the Immigration
rules keeping out EU nationals why don’t we just repeal Section 7 of the Immigration
Act 1988 - no ifs - no buts.
CS: Yes Minister do you remember the former Home Secretary Savid Javid publishing the Immigration
and Social Security Co-ordination (EU Withdrawal) Bill 2017-19 in the House of Commons on 20 December 2018 to do just that. It had its Second Reading in the House of Commons on 28 January 2019. The Bill has passed through Public Bill Committee and is due to have its Report stage and Third Reading on a date to be announced. Part 1 of the Bill (clauses 1-4 and Schedule 1) would make provision to end the free movement of EEA
citizens in the UK. EEA
citizens would be brought under UK immigration law
and require Immigration
permission to remain in the UK. Part 1 would also confirm the status of Irish citizens in the UK.
Part 1 of the Bill would also introduce a Henry VIII clause which would allow the you to amend primary and secondary legislation by statutory instrument. The provisions made by statutory instrument would need to be considered by the Secretary of State as ‘appropriate in consequence of, or in connection with’ any provision in Part 1 of the Bill sort a licence to do pretty much what you pleased.
Schedule 1 of the Bill is concerned with the REPEAL OF THE MAIN RETAINED EU LAW RELATING TO FREE MOVEMENT ETC in particular it would get rid of both
i) Section 7 of the Immigration
Act 1988 (exemption from requirement for leave to enter or remain for persons exercising EU rights etc) is omitted and
ii) Section 109 of the Nationality, Immigration
Act 2002 (power to make regulations about appeals against Immigration
decisions in respect of persons having, or claiming to have, EU rights) is omitted.
Even Dianne Abbott agreed not to oppose the Bill in Parliament.
PP: Brilliant so why don’t we just pass the Immigration
and Social Security Co-ordination (EU Withdrawal) Bill 2017-19 into law then I can use our laws to keep EU nationals out of the UK - no ifs - no buts.
CS: Yes Minister: Do you remember Boris Johnson he won’t allow any primary legislation on Immigration
to be debated in the House of Commons before the 31st October in case MPs tack on an amendment to the Bill banning a no deal Brexit
PP: Sound of door slamming …… Bloody civil servants why do they keep dragging their feet … Boris, Boris can I have a word.