Fragmentation or Disintegration? The Impact of Devolution, Brexit and the Scottish Independence Movement on UK and EU Citizens' Social Rights

This paper was given at the European Institute of Social Security 2017 Annual Conference in Amsterdam. The focus of the paper was on recent developments affecting UK social rights as these impact on UK nationals and residents. The paper argued that developments in the aftermath of the Scottish Independence referendum, and in particular use by the Scottish National Party of devolved powers under the Scotland Act 2016 to secure the Social Security (Scotland) Bill 2017, undoubtedly represent a degree of fragmentation of the UK's current social union. Unsurprisingly, other countries in the union question why they, too, are not enjoying comparable devolved powers - a position highlighted by the Bevan Commission report in Wales. The discussion factors in the likely impact of Brexit on social rights in the UK, including the scope for a further weakening of important schemes deriving from the EU - especially in the event of a 'hard' Brexit.