Brexit Omnibus Bill Update
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
Brexit Omnibus Bill Update
Tuesday, 26 February 2019
This is an update to the L&RS Bill Digest published on Tuesday 19 February on the General
Scheme of the Miscellaneous Provisions (Withdrawal of the United Kingdom from the
European Union on 29 March 2019) Bill 2019
The Withdrawal of the United Kingdom from the European Union (Consequential Provisions)
Bill 2019 has now been published and this document focuses on notable changes between
the General Scheme and the Bill.1
Summary of changes
The Bill is now called the Withdrawal of the United Kingdom from the European
Union (Consequential Provisions) Bill 2019.
Railway services (Part 9 of the General Scheme) are not included in the Bill.
Amendments to the Data Protection Act 2018 (Part 16 of the General Scheme) are
not included in the Bill.
The exchange of immigration data with the UK (Part 17 of the General Scheme) is
not included in the Bill.
Part 9 of the Bill deals with the Amendment of Harbours Act 1996 and pilot
exemption certificates issued by harbour companies – this was not covered by the
General Scheme.
Part 15 of the Bill is titled Miscellaneous but is materially the same as Part 13 of the
General Scheme which dealt with changes to the Interpretation Act 2005
Part 6 of the Bill which deals with taxation now includes provisions in relation to VAT.
Other changes are detailed below.
Part 11 of the Bill dealing with Social Welfare has been amended in a number of
ways detailed below.
Part 13 of the Bill dealing with extradition (previously Part 14 of the General Scheme)
now allows for the direct transmission of extradition requests to the Minister for Justice
and Equality.
Part 14 of the Bill (previously Part 15 of the General Scheme) now amends the
Immigration Act 2004 to give an immigration officer the power to take fingerprints of a
person for the purpose of a person’s application for an Irish visa or transit visa.
where he or she thinks it necessary for ensuring the integrity of the Common Travel
Area (CTA).
1
There are often changes between the General Scheme of a Bill and a Bill that is initiated in the
Oireachtas.Bill Digest Update | L&RS update following publication of the Withdrawal of the United
Kingdom from the European Union (Consequential Provisions) Bill 2019
Table 1: Comparison between the General Scheme of the Miscellaneous Provisions (Withdrawal
of the United Kingdom from the European Union on 29 March 2019) Bill 2019 and the
Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill
2019
Section Bill General Scheme Difference Implication
Withdrawal of the
United Kingdom
from the European
Union Name change
General Scheme of
(Consequential
the Miscellaneous
Part 1: Provisions) Bill
Provisions (Withdrawal The title of the Bill
Preliminary 2019. Commencement
of the United Kingdom is changed
and General information is
from the European
Sets out collective grouped together
Union on 29 March
citations rather than in each
2019) Bill 2019
Part
Sets out
commencement
information
The lay out of the
Part has changed
and some of the text
The Minister for
Health now has a
Arrangements in more general power
Health care The Part is
Part 2 relation to health to make
arrangements materially the same
services an Order/s and
Regulations to
enable necessary
healthcare
arrangements to be
maintained between
Ireland and the UK.
Amendment of
Industrial Development
Industrial
Part 3 Miscellaneous No material change No material change
Development Acts
Provisions
1986-2016
Transitional power to
modify licence
Amendment of conditions concerning
Electricity the Commission for
Part 4 No material change No material change
Regulation Act the Regulation of
1999 Utilities, Brexit and the
Single Electricity
Market, etc.
Amendment of
Part 5
Student Support Student Support No material change No material change
Act 2011
There are some VAT is now
Part 6 Taxation Taxation
changes see below included in the BillOireachtas Library & Research Service | Bill Digest
S.62 of the Bill
includes a timeframe
of 9 months for a
UK-based CSD to
Financial Services: avail of a temporary
Financial Services: Settlement Finality designation for up Designation is time
Part 7
Settlement Finality (Third Country (following the date of limited
Provisions) UK withdrawal) for
the purposes of
protection under the
Settlement Finality
Regulations
Financial Services: Financial Services:
Amendment to the Amendment to the
European Union European Union
(Insurance and (Insurance and
Reinsurance) Reinsurance)
Part 8 No change None
Regulations 2015 Regulations 2015 and
and the European the European Union
Union (Insurance (Insurance
Distribution) Distribution)
Regulations 2018 Regulations 2018
Part 9 now covers
The Bill does not
Amendment of pilot exemption
Part 9 Railway services cover railway
Harbours Act 1996 certificates issued by
services
harbour companies.
New power to the
The Minister is given Minister to make
a general power to regulations under
make secondary the Road Transport
legislation in Act 1978 with new
Bus and coach particular provisions related
Third country bus
Part 10 services circumstances where to bus operator
services
there is a real risk of licensing
disruption to the documentation
international carriage issued in a third
of passengers by country where it is
road considered
necessary
Amendment of the Amendments to the Some areas
Social Welfare Social Welfare Numerous changes covered in the
Part 11
(Consolidation) Act (Consolidation) Act detailed below General Scheme
2005 2005 have been omitted.
Amendment of
Amendment of
Protection of Bill is more detailed
Protection of
Employees and references more The Part is
Part 12 Employees
(Employers’ up to date EU materially the same
(Employers’
Insolvency) Act legislation
Insolvency) Act 1984
1984
Provisions are
mostly the same
the Part now allows
Amendment of Part 13 now deals the direct
Amendment to the
Part 13 Extradition Act with the Extradition transmission of
Interpretation Act 2005
1965 Act 1965 extradition requests
to the Minister for
Justice and
EqualityBill Digest Update | L&RS update following publication of the Withdrawal of the United
Kingdom from the European Union (Consequential Provisions) Bill 2019
Includes a legal
basis for taking
fingerprints of Irish
Part 14 now deals visa and
with immigration Irish transit visa
Amendments to the (previously Part 15 of applicants, to
Part 14 Immigration
Extradition Act 1965 the General Scheme) enable the
rather than continuance of the
extradition. British-Irish
Visa Scheme,
pursuant to CTA
arrangements
The text in Part 15
Amendments to the
Amendments to the of the Bill is
Immigrations Acts
Part 15 Miscellaneous Immigration Acts 1999 materially the same
are now made in Part
and 2003 as Part 13 of the
14
General Scheme
Amendments to the The Bill does not
This Part is not
Part 16 N/A Data Protection Act amend the Data
included in the Bill
2018 Protection Act 2018
The exchange of
Exchange of
This Part is not immigration data
Part 17 N/A immigration data with
included in the Bill with the UK is not
the UK
covered in the Bill
Details of changes
Part 6: Taxation
Part 6 of the Bill is different to Part 6 of the General Scheme in a number of ways. Some
references in the General Scheme have been omitted, and a provision in relation to VAT has
been included.
There is no reference to s. 848B of the Taxes Consolidation Act (TCA) 1997 (Special
Savings Accounts) in the Bill (Heads 6 & 7 of the General Scheme). .
There is no reference to s. 470B TCA 1997 (age-related relief for health insurance in
premiums) in the Bill (Head 9 of the General Scheme).
Head 32 of the General Scheme proposes a measure to deal with merger relief on
property acquisitions under s. 87B of the Stamp Duties (Consolidation) Act 1999: no
mention of this in the Bill
Section 46 is a new section which amends s. 615 TCA (Company reconstruction or
amalgamation: transfer of assets). This was not part of the General Scheme.
Chapter 5 of Part 6 (sections 50-53) dealing with VAT is new as this was not part of
the General Scheme.
Part 7: Settlement Finality
Section 62 of the Bill enables any UK settlement system (e.g. a UK-based CSD) to
avail of a temporary designation for up to a maximum period of 9 months (following
the date of UK withdrawal) for the purposes of protection under the Settlement
Finality Regulations – providing it notify the Central Bank of Ireland and Minister for
Finance within 3 months of the withdrawal date (‘relevant date’);Oireachtas Library & Research Service | Bill Digest
Part 9: Amendment of Harbours Act 1996 *NEW PART*
Section 9 is a new part and deals with pilot exemption certificates issued by harbour
companies. One of the current conditions of the granting of a pilot exemption
certificate is that the grantee is an Irish citizen; a national of another EU Member
State; or a national of a State with which Ireland has reciprocal arrangements for the
grant by that state to an Irish citizen of a certificate that, under the law of that state,
has the equivalent effect to a pilotage exemption certificate. It is unlikely that a
reciprocal arrangement can be made with the UK in in the event of a no-deal exit by
the UK on the 29th March 2019.
Section 69 extends the period of validity of Pilot Exemption Certificates issued by
Harbour companies from the existing maximum one year period to a maximum of
three years. It also provides that current holders of Pilot Exemption Certificates can
apply for new certificates in the period leading up to 29th March, even where their
existing Pilot Exemption Certificates may not have expired.
Section 70 aims to amend the Pilotage Bye-Laws powers of harbour companies to
enable the relevant harbour company to require the holder of a Pilotage exemption
certificate of more than one year’s duration to undergo a periodic review to ensure
that they continue to have the skills, experience, and local knowledge of the relevant
harbour pilotage district to enable the holder to pilot the ship within that pilotage
district.
Part 11: Amendment of Social Welfare Consolidation Act 2005
Part 11 of the General Scheme was made up 9 Heads, and Heads 1-7 are not included in
Part 11 of the Bill. Between the publication of the General Scheme (24 January 2019)
and the Bill, a Convention on Social Security between the Government of Ireland and the
Government of the United Kingdom of Great Britain and Northern Ireland (signed at official
level on 1 February 2019) was laid before Dáil on 7 February 2019. A motion to approve the
terms of the convention was referred by the Dáil to the Select Committee on Employment
Affairs and Social Protection on 12 February with a requirement to send a message to the
Dáil in the manner prescribed in Standing Order 90 no later than 5 March 2019.
Due to the unique nature of the Common Travel Area between the UK and Ireland and
associated rights conferred on Irish and British citizens in each other’s countries, the
Convention seeks to formalise pre-existing CTA social protection arrangements in a
documented agreement. This is likely to cover the areas set in Heads 1 to 7 of the General
Scheme which are not included in the Bill. Under the terms of the Convention, all existing
arrangements with regard to recognition of and access to social insurance entitlements will
be maintained and protected in both jurisdictions.
On 21 February 2019, the Select Committee on Employment Affairs and Social Protection, in
accordance with Standing Order 90 sent the following message to the Dáil:2
“That Dáil Éireann approves the terms of the Convention on social security between the
Government of Ireland and the Government of the United Kingdom of Great Britain and
Northern Ireland, done at Dublin on 1st February, 2019, a copy of which was laid before
Dáil Éireann on 7th February, 2019.”
2
Available here.Bill Digest Update | L&RS update following publication of the Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2019 1. Head 1 of the General Scheme amending s. 4 dealing with regulations is removed from the Bill. 2. Head 2 of the General Scheme mending s.38A (amendment to Part 2 (Social Insurance) is removed from Bill. 3. Head 3 of the General Scheme amending s.246 (Habitual Residence Condition) is removed from the Bill. 4. Head 4 of the General Scheme amending s.247 (avoidance of multiple payments) is removed from the Bill. 5. Head 5 of the General Scheme amending s. 249 (absence from the State or imprisonment) is removed from the Bill. 6. Head 6 of the General Scheme amending s.249 also (provisions relating to entitlement (Part 9, Chapter 1)) is removed from the Bill. 7. Head 7 of the General Scheme amending s.261 (exchange of Information) is removed from the Bill. Head 8 amending section 287 “Reciprocal arrangements” has been included. Section 77(a) replicates what is set out in the General Scheme’s Head 8(1). According to the Explanatory Memorandum to the Bill, section 77(b) provides that an arrangement under section 287 (see reference to Ireland /UK social security convention) includes an agreement, in certain circumstances, which is intended to be binding on the Minister, the State or the Government, “where it has not yet become binding”. The effect of this is to allow the Minister to make an order to provide for the implementation of an agreement (Convention on Social Security between the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland, which ensures continuity of Common Travel Areas social protection arrangements, signed on the 1st February) if that is required before the ratification process has been completed. Section 78 of the Bill is new and makes consequential amendments to three sections in the Principal Act. S78(a) amends section 113A (Entitlement for invalidity pension recipients) of the Principal Act inserting after subsection (4) new subsections 4(A) and 4 (B) making reference to the UK. Section 78(b) amends section 205 (Recoupment of supplementary welfare allowance) by inserting references to the UK. Section 78(c) inserts a new Part following section 239 (Certain EU payments – entitlement to island allowance), which is the first section of Part 8 EU Payments. The new “Part 8A Certain Payments – Entitlement to Island Allowance” provides for references to the UK.
You can also read
