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Proposed Brexit regulation

Discussion in 'Personal' started by monicabilongame, Oct 21, 2019.

  1. monicabilongame

    monicabilongame Star commenter

    So - read this and then think about what impact it will have on the UK and its citizens working abroad if the EU retaliates. Think about what effect it will have in the UK on British citizens employed by companies owned, managed or providing services by EU, EEA, Swiss or Turkish nationals. Think about the businesses that will disappear when those 'foreigners' take themselves and their businesses out of the country... even if you don't care about the probable illegality of the way this is being done.


    Regulations that could strip EU workers of the right to be self-employed in the UK are up for debate in the House of Commons on Monday as legal charity Public Law Project warns that Government plans to make use of controversial Henry VIII powers may be unlawful.

    If approved by Parliament, the draft Freedom of Establishment and Free Movement of Services (EU Exit) Regulations 2019 will allow Ministers to remove the rights of EU, EEA, Swiss and Turkish nationals to own and manage companies or to provide services in the UK on the same basis as UK nationals.

    The Public Law Project has warned that there are four key concerns with the Government’s approach to making this change.

    • Secondary, rather than primary, legislation is being used to make significant policy changes and to disapply important rights
    • The changes appear to impact on immigration rights and so ought to be included in the Immigration and Social Security Coordination (EU Withdrawal) Bill (‘the Immigration Bill’)
    • They go beyond the powers conferred on Ministers by the Henry VIII power in section 8 of the Withdrawal Act, and
    • There has been no impact assessmentbefore laying the Regulations despite the obvious impact on businesses and individuals
    Public Law Project researcher and Brexit Statutory Instrument project lead Alexandra Sinclair said:

    “The Secretary of State made it clear during the passage of the Withdrawal Act that no change should be made to rights through delegated legislation. The Government also made it clear that the Henry VIII powers in Section 8 of the Act would not be used as a vehicle for policy changes.

    “The changes that are being proposed reduce the rights of a large group of people. Not only will the regulations restrict the rights of EU, EEA, Swiss and Turkish nationals in respect of owning and managing businesses in the UK, they will almost certainly impact the underlying basis for their lawful residence in the UK. Whilst the Government’s position is that the regulations will not affect the immigration rights of these groups, there is not a clear legal basis for this view.

    “Secondary legislation should not be used to make such profound policy changes or to reduce rights. It is not subject to the same level of parliamentary scrutiny as primary legislation. The proper and lawful way of making these changes would be to include them in the new Immigration Bill, thereby allowing full parliamentary scrutiny and for elected representatives to make amendments.

    “The use of Henry VIII powers to make this change appears to be unlawful. Under Section 8 of the Withdrawal Act, such powers can only be used where there is a failure of retained EU law to operate effectively or if there is a ‘deficiency’ in retained EU law. There is no reason why the law containing rights of EU, EEA, Swiss and Turkish nationals should not operate effectively after exit day.

    “The Government is interpreting ‘deficiency’ so broadly that it could encompass almost any aspect of EU treaty law and in a way that is inconsistent with the cautious approach to using Section 8 powers to which it committed during the passage of the Withdrawal Act.

    “By taking such a wide interpretation, the Government is giving itself a ‘carte blanche’ to make a profound policy change that will undermine the rights of significant groups of people and elude effective scrutiny by Parliament.”
  2. needabreak

    needabreak Star commenter

    Is there a link to what the government say their proposals are?
  3. monicabilongame

    monicabilongame Star commenter

  4. monicabilongame

    monicabilongame Star commenter

  5. LondonCanary

    LondonCanary Star commenter

    The document appears to be about self-employed people not employers.
  6. monicabilongame

    monicabilongame Star commenter

    Companies employ people
  7. needabreak

    needabreak Star commenter

    nomad likes this.
  8. LondonCanary

    LondonCanary Star commenter

    Self-employed don't. That's I don't understand who this applies to and why and the connection to Brexit. ?
  9. needabreak

    needabreak Star commenter

    Self employed people need to register as an employer to employ people they then use PAYE for employees, I imagine it is risky in terms of liability so most would likely register as an Ltd.
    LondonCanary likes this.
  10. nomad

    nomad Star commenter

    If approved by Parliament, the draft Freedom of Establishment and Free Movement of Services (EU Exit) Regulations 2019 will make any such action legal, surely!

    It has only been proposed. It is up to parliament to ratify it or not. If agreed and ratified by parliament then it will become law and so will not be illegal.
  11. lanokia

    lanokia Star commenter

    Well we're safe then... chances of Parliament making a decision have boiled down to nil in recent years.
    nomad likes this.
  12. nomad

    nomad Star commenter

    Draft regulations (the Freedom of Establishment and Free Movement of Services (EU Exit) Regulations 2019) have been laid before Parliament in exercise of legislative powers under the European Union (Withdrawal) Act 2018 in preparation for Brexit. The draft enactment proposes to disapply provisions on freedom of establishment and the free movement of services which continue as directly effective rights in domestic law in order to address deficiencies in retained EU law arising as a result of the withdrawal of the UK from the EU. It would come into force on exit day.
  13. nomad

    nomad Star commenter

    I am not supporting the Bill, not an I supporting its provisions.

    What I am doing is questioning why a draft bill laid before parliament is considered illegal.
    LondonCanary likes this.
  14. lanokia

    lanokia Star commenter

    Indeed... before the Benn Act, Johnson not sending a letter was not illegal. After the Benn Act, it became illegal.

    That's what laws do.
  15. nomad

    nomad Star commenter

    In which case just about anything can be considered possibly illegal if the future is unknown, including having avatars depicting endangered big cats or North African tribesmen.

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