Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Lord Flight Excerpts

Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Wednesday 9th September 2020 Lords Chamber

Moved by

[Lord Flight]

23: Clause 4, page 3, line 8, at end insert—
“(5A) Regulations made under subsection (1) must make provision to enable UK citizens falling within the personal scope of—(a) the Withdrawal Agreement,(b) the EEA EFTA separation agreement, or(c) the Swiss citizens’ rights agreement,to return to the United Kingdom accompanied by, or to be joined in the United Kingdom by, close family members.(5B) Regulations under subsection (1) may not impose any conditions on the entry or residence of close family members of UK citizens which could not have been imposed under EU law relating to free movement, as on the day on which this Act comes into force.(5C) For the purposes of subsection (5A)—“close family members” means—(a) children (including adopted children), and(b) other close family members where that relation subsisted on or before 31 January 2020 and has continued to subsist;“Withdrawal Agreement”, “EEA EFTA separation agreement” and “Swiss citizens’ rights agreement” have the meaning given in section 39 of the European Union (Withdrawal Agreement) Act 2020 (interpretation).”

[Lord Flight (Con)]

My Lords, I must first apologise: I was supposed to introduce Amendment 12 on Monday evening, but I got stuck and impossibly delayed and did not get here in time.

The purpose of Amendment 23 is to preserve the rights of UK nationals living in the EEA, Switzerland and the EU who intend to return to live in the UK in future and bring with them, or to be joined by, non-British family members on the same terms they have at present. Unless the Bill is thus amended, British citizens who moved to the EU or EEA while the UK was a member will lose their right to return to their country of birth with a non-British partner or children unless they can meet financial conditions beyond the reach of many. If they need to return to look after elderly parents, thousands will now have to choose between returning alone, leaving their family behind or abandoning their parents to stay with their non-British family in the EEA. Nobody should have to face such a choice, and it is not necessary that they do so.

The problem is that the Government are using the end of free movement to make these British citizens meet, for the first time, the minimum income requirement for family reunion. The MIR has been roundly criticised both because the level is so high—40% of UK workers would not be able to meet it—and because of the Catch-22 rule that the non-British partner’s income can be taken into account only if they have been working in the UK for six months. How do they get into the UK if they cannot satisfy the MIR?

The MIR itself is harsh, but what makes it doubly unfair, when applying it to this group of British citizens, is that the change is, in effect, retrospective. When they left their homes in the UK to move to work in the EU or the EEA, they were safe in the knowledge that if they established a family while abroad, they would be able to bring them back to the UK. The British parents they left behind in the UK had the same expectation. There have been noticeable reports of widespread anxiety, among both the young and old, regarding what will happen if the parents need their children to care for them.

The British Government’s approach also leads to the perverse result of discrimination against their own citizens. While British citizens who moved to the EU or EEA before the end of 2020 face these restrictions, EU citizens who moved, or move, to the UK before the end of 2020 will not. They will have the right, under the withdrawal agreement, to bring existing family members here for life as well as keeping their existing right to return to their country of birth with families they have made in the UK.

I noticed, in other comments, a degree of concern about Clauses 4 and 5. I ask the Government to look into the points I have raised, which, if I am correct, could be resolved without too much difficulty.

--- Later in debate ---

I hope that is a satisfactory explanation for my noble friend and he will feel happy to withdraw his amendment.

[Lord Flight (Con)]

My Lords, I thank the Minister for her response. She covered such a large amount of territory that I am not certain I have taken it all in, but it struck me that there was the possibility that EU citizens living here might be in a slightly better position than British citizens who have been living in the EU.

I well remember that when we were joining the EU, a number of British civil servants went across to work for the EU in the same way as they might otherwise have worked for the Civil Service here. I think it important, particularly for good relations going forward, that British citizens who have lived in the EU with spouses who are not British have a fair deal, one that is better than the deal of those who are not British citizens.

While withdrawing this amendment, I hope the Government will look at this in greater detail and see whether a slightly more generous package cannot be made available for British citizens.

[The Deputy Chairman of Committees (Baroness Pitkeathley) (Lab)]

My Lords, I apologise, but I have just received a request to speak after the Minister from the noble Baroness, Lady Hamwee.

[Baroness Williams of Trafford (Con)]

My Lords, I apologise for the slight discontinuity of speakers to the disbenefit of the noble Baroness, Lady Hamwee. Three years after we were supposed to leave the EU, and indeed some six years after this country voted to do so, we are giving people time. There are immigration rules in every country of the world, and we are trying to be as fair as possible. We have listened to the concerns of UK nationals living in both the EEA and Switzerland.

[Lord Flight (Con)]

I simply repeat my request that the Government might look at this territory in a little more detail and should arrange things such that British citizens have a slightly better deal to come and live here than non-British citizens. I beg leave to withdraw the amendment.

Amendment 23 withdrawn.