EU Settlement Scheme

Baroness Ludford Excerpts

Monday 13th March 2023 Lords Chamber

Asked by

[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?