Benefits: EU Nationals

Lord Empey Excerpts

Monday 7th November 2011 Lords Chamber

Asked By

[Lord Empey]

To ask Her Majesty’s Government whether they propose to change the rules under which citizens of other European Union member states have access to the United Kingdom benefits system.

[The Parliamentary Under-Secretary of State, Department for Work and Pensions (Lord Freud)]

My Lords, we do not propose to change the way DWP determines benefit entitlement for EU nationals, but we are considering the details of a European Commission reasoned opinion against the right to reside test. While we accept our responsibility in supporting EU nationals who work and contribute here, it is absolutely necessary that we protect our welfare system from those who come here with no intention of working or looking for work.

[Lord Empey]

I fully understand the point the Minister makes but it is nevertheless a fact that on 29 September 2011 a reasoned opinion was issued which states that the EU Commission believes that we are contravening EU law. What steps do the Government intend to take in order to protect our system from additional and currently unaffordable demands?

[Lord Freud]

My Lords, we are moving in two directions. First, we are looking hard at the Commission’s opinion and considering whether we should go to court. We have two months in which to take that decision and the likelihood is that we will take it through the full legal process. The second area is the political one. We are talking to other countries which are also deeply disturbed about this. Some 13 countries have signed a motion calling for a minute statement and for a policy debate on this matter.