Approach to legislation monitoring
The IMA uses a range of sources to identify key legislation. The IMA categorises legislation as “key legislation” where it affects a citizen’s exercise of their Part 2 rights. This would include changes to benefit entitlement, NHS care or entry requirements at the border etc.
Once key legislation is identified, the single point of contact at the relevant Public Authority and Devolved Government is notified that the IMA is reviewing the legislation with a view to preparing a report for publication.
The IMA’s Legal Directorate review the legislation in order to assess its compatibility with The Agreements. Reviews are usually completed within 12 weeks of enactment. Following the review, a publication report is normally prepared. The report is sent to the single point of contact at the relevant Public Authority and Devolved Government for the purposes of checking factual accuracy. Occasionally, following an initial review, a report will not be necessary e.g. legislation removing redundant terminology, where rights are unaffected. Where this is the case, the single point of contact at the relevant Public Authority and Devolved Government will be notified. The Public Authority and Devolved Government will be given a period of at least 2 weeks in which to respond to the IMA with any comments.
Legislation monitoring reports may identify incompatibility between legislation (and any accompanying guidance or policy) and The Agreements. Sometimes, a commitment to remedy any incompatibility is provided by the Public Authority and Devolved Government at the point of report publication by the IMA. If so, this will be reflected within the report.
Once the relevant Public Authority and Devolved Government has confirmed it is content with the report, the report will be published here. The IMA aims to publish all legislation monitoring reports within 4 weeks of conclusion of engagement with the relevant Public Authority and Devolved Government .