EU Settlement Scheme

Lord Judd Excerpts

Thursday 21st June 2018 Lords Chamber

[Baroness Williams of Trafford]

UK citizens in Europe will, of course, be a matter for Europe. We did declare our hand very early; we had a lot of pressure in Parliament and the country to do so, and to do so in good faith, and that is what we did.

[Lord Judd (Lab)]

My Lords, while this Statement will obviously need a great deal of scrutiny, I certainly join with those who have welcomed it most genuinely. Together with other things that are happening, it seems to indicate that there is a long overdue and welcome change of direction in the atmosphere at the Home Office and in the role that it is trying to fulfil. That is to be encouraged. I like these words in the Statement:

“Throughout the process, we will be looking to grant, not for reasons to refuse, and caseworkers will be able to exercise discretion in favour of the applicant where appropriate, to minimise administrative burdens”.


That is the right kind of language.

As I say, we will need to look at the detail. In the meantime, will the noble Baroness agree that the Government have yet to legislate for settled status in domestic law? What legal guarantees will those who have registered for this status prior to agreement of the withdrawal agreement be given under UK law? Can she guarantee that the agreement on citizens’ rights that has been reached with the EU will be honoured even if the UK is unable to reach an acceptable deal with the EU 27 under Article 50?

[Baroness Williams of Trafford]

I thank the noble Lord. On the legal status, when an applicant applies for settled status they will receive a digital token and a letter that says that they have obtained settled status in this country. I think that the noble Lord is asking what will future-proof that status. Is that the point he is making? I cannot look into the future to see what a future Government might do, but this Government will do as much as they can to ensure that these people are here with settled status as proof that they are legally here.

[Lord Judd]

May I just respond to the question that the noble Baroness put to me? My point is that it is not yet established in law. How soon will it happen, and can we be sure that it will happen? In the meantime, how will their status be guaranteed in law? That is the point. Perhaps I may also say that, in view of all she has been saying, I hope that the position of the vulnerable and those who do not have access to high-tech means of communication will be covered in the spirit of what has been said in the Statement.

[Baroness Williams of Trafford]

I hope that the noble Lord will be more satisfied with this response. It will be established in law. I cannot say what those future laws will look like under perhaps another Government because laws change, but it will be established in law.