Baroness Ludford
To ask His Majesty’s Government, further to the High Court judgment of 21 December 2022, what plans they have to allow EU citizens who hold pre-settled status under the EU Settlement Scheme (1) to keep their rights under the Withdrawal Agreement when that status expires, and (2) to automatically obtain permanent residence rights without making a second application to that scheme.
The Parliamentary Under-Secretary of State, Home Office (Lord Murray of Blidworth) (Con)
We have informed the High Court that we do not wish to pursue an appeal against the judgment. This avoids continuing uncertainty for those affected. We are working to implement the judgment as swiftly as possible, and we will provide a further update in due course.
Baroness Ludford (LD)
My Lords, it is nearly three months since the High Court found that the Government’s interpretation of the withdrawal agreement was wrong in law in the way it constructed the EU settlement scheme for EEA citizens to get a permanent residence right. I suggest that the Government need to undertake some consultations with parties and groups with relevant expertise, such as the3million and the Independent Monitoring Authority for the Citizens’ Rights Agreements, to ensure that any changes now uphold—rather than undermine, as in the past—the rights under the withdrawal agreement. Are the Government undertaking such consultation? Can the Minister clarify what “in due course” really means?
Lord Murray of Blidworth (Con)
I can confirm that work is proceeding to implement the judgment. As the noble Baroness will have noticed, the High Court accepted, in paragraphs 188 and 191 of its judgment, that
“before and after the conclusion of the WA”—
the withdrawal agreement—officials in the European Commission
“understood, and … accepted, the United Kingdom’s intention to require”
pre-settled status-holders
“to apply for settled status”.
In the High Court’s view, this was embarrassing for the Commission, but it did not alter the fact, as was contended by the Commission, that the text of the withdrawal agreement did not require such a further application for pre-settled status, and therefore the High Court found as it did. The Government will certainly implement its findings.
I add that the EU settlement scheme has been a great success, with over 7 million applications received and 6.9 million applications concluded as of 31 December 2022.
The Earl of Kinnoull (CB)
My Lords, the High Court judgment was very much in line with the recommendations and spirit of the multiple reports on citizens’ rights of the European Union Committee and the European Affairs Committee. In the reset of the scheme, will the Government make provision for another of our strong recommendations, made multiple times in these many reports, for the option of physical proof of status?
Lord Murray of Blidworth (Con)
As the noble Earl rightly observes, the High Court judgment upheld both limbs of the IMA challenge: first, that the withdrawal agreement residence right of a holder of pre-settled status does not expire for failure to make a second application to the EUSS; and, secondly, that a pre-settled status holder acquires the right to permanent residence under the withdrawal agreement automatically once the conditions for it are met. The intention has always been to provide digital proof of status, and that remains the department’s view.
Lord Hannan of Kingsclere (Con)
My Lords, some people will always blame Britain and never Brussels. One of the reasons that this case came to court is because we have the independent monitoring authority, run by Sir Ashley Fox, a former colleague of mine and of the noble Baroness, Lady Ludford. It has a budget of £5.5 million and 50 staff and has been working assiduously to ensure that EU nationals in the UK enjoy their full rights under the treaty. There is no equivalent body. It is supposedly the Commission that does it on other the side with a couple of people there.
Lord Murray of Blidworth (Con)
I entirely agree with my noble friend and can reassure him that the department works very closely with our colleagues in Brussels in relation to the protection of the rights of UK nationals within the European Union.
The Lord Bishop of Southwark
My Lords, does the Minister agree that a positive move to implement the High Court judgment may help in bilateral representations where British citizens find themselves disadvantaged by the application of the immigration laws in certain EU countries where residence was not hitherto a problem?
Lord Murray of Blidworth (Con)
I entirely agree with the right reverend Prelate that clearly it helps that the Home Office works very closely with those in the Commission in relation to the respective rights of citizens in each other’s countries.
Lord Hannay of Chiswick (CB)
My Lords, will the Minister give an absolute undertaking that the remedial action which he referred to in his reply to the noble Baroness, Lady Ludford, will be completed and enforced by the date which the one that was struck down would have come in this autumn? Will he give an absolute undertaking that that will be remedied by then? Does he recognise that it might be more sensible if the Government paid a little more attention to the IMA, which was actually set up to give advice on how the withdrawal should be enforced, rather than forcing it to take them to court?
Lord Murray of Blidworth (Con)
I can certainly confirm that it is our intention to abide by the judgment. We work very closely with the IMA and will continue to do so.
Lord Cormack (Con)
My Lords, has not the Prime Minister, two weeks ago over the Northern Ireland protocol and last week with a highly successful visit to France, shown the tone that we should now adopt towards our European friends and allies and former partners in the EU?
Lord Murray of Blidworth (Con)
Yes, indeed. It is in that spirit of co-operation that the Government have determined that the appropriate method of resolving this case is to accept the present position—notwithstanding that permission to appeal was granted—to accept the judgment of the court and to make arrangements so that the scheme matches the findings of the court.
Lord Ponsonby of Shulbrede (Lab)
My Lords, the High Court’s decision affects about 2.6 million people granted pre-settled status. Will the Government now ensure that the plan to be put in place will be quick and that settled EU citizens do not risk having their right to live here put in any jeopardy? Can the Minister say what he means by “in due course”?
Lord Murray of Blidworth (Con)
I can confirm to the noble Lord, Lord Ponsonby, that we will certainly not put in jeopardy any such residence rights. I am afraid that I am unable to confirm at this stage what “in due course” might mean, but I hope to return to the House fairly shortly to confirm the position.