Examination of Witness

Part of Immigration and Social Security Co-ordination (EU Withdrawal) Bill – in a Public Bill Committee at 2:55 pm on 14th February 2019.

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Professor Smismans:

Yes, the Bill explicitly says that. The positive interpretation might be, “Well, actually, we needed that to say we have to distinguish between future immigration and those people who are already here.” The practice of the first instruments that are adopted is that actually they do not make that distinction, so it can be used in many different ways. That is why our proposal is that if there is such delegation, at least there has to be a protection for people who are already here saying that their rights cannot be removed by secondary legislation.