Immigration (European Economic Area Nationals) (EU Exit) Order 2019

Debate between Baroness Ludford and Lord Green of Deddington

Monday 18th March 2019 Lords Chamber

[Lord Green of Deddington (CB)]

My Lords, we risk getting somewhat lost in the detail here. It seems that the Government are now proposing to open up some 9 million jobs to worldwide competition, while at the same time effectively continuing with free movement to the European Union, as the noble Lord, Lord Paddick, said. As I said before, the risk is that this will run straight out of control. We really need to get hold of this, stay on the main points and be quite sure that the Government are ready to react if the numbers start getting really difficult.

[Baroness Ludford (LD)]

My Lords, I add to what my noble friend Lord Paddick said—it is the disjuncture and hypocrisy that upsets us. Of course, this is a one-way continuation of free movement. Many of us were extremely distressed when the Prime Minister cited the top reason for celebrating her ill-fated draft withdrawal agreement and political declaration last November; apparently, its top benefit was ending free movement. In fact, this is not happening—at least, not into the UK—and no consideration was given to the benefits of free movement for UK citizens in the rest of the EU. This instrument says nothing about those opportunities, which are being torn away from UK nationals. This will particularly affect young people and those of all ages who want to work or retire in the rest of the EU. It is the Government’s inconsistency which strikes such a difficult note.

Had I had the opportunity to ask my noble friends on the Front Bench, who know a great deal more about immigration law than I do, I may not have needed to ask this question, which concerns the difference between Articles 3 and 7, which I do not really understand. Article 3 is entitled:

“Grant of leave to EEA and Swiss nationals”.


Article 7 is entitled:

“Grant of leave by virtue of Appendix EU to the immigration rules”.


I simply do not understand the difference between those legal bases for extension of leave, as “EEA nationals” covers EU nationals as well. Perhaps the Minister could help me. That also spills over to the health charge, because Article 10, on exempting from the health charge, appears to apply only to those who acquire leave to enter or remain,

“by virtue of Appendix EU to the immigration rules”.

It does not appear to cover those who get leave under draft Article 3. As I say, it may just be that I do not understand how all this interacts, but perhaps the Minister can enlighten me.

European Union (Withdrawal) Bill

Debate between Baroness Ludford and Lord Green of Deddington

Committee: 5th sitting (Hansard): House of Lords
Wednesday 7th March 2018 Lords Chamber

[Lord Green of Deddington]

Will the noble Baroness explain how we could possibly deal with several million people unless we invite them to apply?

[Baroness Ludford]

There could be a simple declaratory process. If any parliamentarians in this Chamber have ever had to deal with the Home Office on behalf of one of their constituents, as I did when I was an MEP, they will know what a happy—or otherwise—process that is. Something simple and declaratory such as going to the local town hall could be worked out. It should be light touch: a declaration of existing residence. That is quite different from having to apply to the Home Office.

The fear has been expressed on behalf of the group, the 3 million, that perhaps around 10% of people might fall through the cracks because their application is rejected or because they do not apply. Some people are not very aware of what is going on in the law or they do not have access to computers and so on. There is no legal presumption in favour of granting settled status to all residents who are legally living here before exit day, which begs another question. Perhaps the Minister could explain to us what exactly is going to happen to those people who arrive during the transition period. That, of course, is something the Prime Minister has conceded, in that they will have a status, but it is slightly unclear how it is going to work.

There has also been no clarification of the continuation of all the individual economic rights and recognition of qualifications that EU citizens currently enjoy and, as I have said, no guarantee that the registration will be simple and light touch. There is supposed to be a digital application system. Can the Minister tell us exactly where we are in the construction of that system? We all know that IT projects, in particular Home Office IT projects, have a habit of becoming problematic. Moreover, the backstop to all this is that the European Parliament will have to approve the withdrawal agreement, including the conditions for EU citizens. I note that Mr Verhofstadt tweeted yesterday,

“the European Parliament expects a cost free and burden free registration process”.

It wants to ensure that there is no discrimination between EU citizens and British citizens, which of course raises the question: are the Government planning to introduce ID cards by the back door in order to say that we are all being treated the same?

There are many holes and gaps that the Home Office is still unable to answer questions on. I do not have time to cover them all but I would like to ask about comprehensive sickness insurance—the requirement that people have private medical insurance—because very mixed messages are being given about it. The position of the European Commission has always been that if people are allowed to use the NHS, that amounts to comprehensive sickness insurance under the directive. It started legal action but that has apparently not progressed.

--- Later in debate ---

[Lord Green of Deddington]

I am very puzzled as to how any of this is relevant to the Bill we are discussing. Does the noble Baroness not understand that this kind of stuff, which is being repeated time and again, is actually doing more harm than good? It is raising issues for people who do not face them. It is quite clear that the maximum is being done to help people qualify for residence in the UK. We could not do more than we have done. Frankly, this is just making trouble.

[Baroness Ludford]

It is highly relevant to whether people are being guaranteed their existing rights to legally reside in this country. I am quite surprised that the noble Lord thinks it is not relevant to an amendment that is about maintaining and guaranteeing the existing rights of EU citizens. The confusion is caused by the Home Office’s lack of clarity, not by me.

I end on that note. I would like some answers from the Minister to these detailed questions and many others.