European Union: Freedom of Movement

Lord Dubs Excerpts

Thursday 12th January 2017 Lords Chamber

Asked by

[Lord Dubs]

To ask Her Majesty’s Government whether some European Union countries distinguish between freedom of movement for work and for other purposes, and how United Kingdom practice compares.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, the free movement of persons for work and other purposes is provided for in the treaties and CJEU case law and largely governed by the free movement directive. All member states are bound by this directive, including the UK, and implement this through their respective domestic legislation. The directive sets out that in order for an EU citizen to reside in another member state beyond three months, they must be exercising a treaty right; that is, working, self-employed, self-sufficient or a student.

[Lord Dubs (Lab)]

My Lords, has the Minister’s Answer not got to the nub of this? The three-month practice is what most countries in the EU follow—namely, that you can stay for three months and, if you have not got a job by then, off you go. We do not do that. Surely if we adhered to the same practice as most other EU countries we would be in a much better position to negotiate a sensible way forward.

[Baroness Williams of Trafford]

My Lords, the Government do not comment on other member states’ implementation of the free movement directive. We are about to begin these negotiations and it would wrong to set out our position in advance, but the Government are clear that at every step of these negotiations we will work to ensure the best possible outcome for the UK.