EU Citizens in the UK

Lord Rosser Excerpts

Thursday 14th July 2016 Lords Chamber

[Lord Rosser (Lab)]

My Lords, I thank the noble Lord, Lord Lucas, for securing this debate.

The first point to consider is why this matter of the future position of EU nationals living in this country, and indeed the future of British nationals living in the EU, has come to the fore. The reason is straightforward: the Conservative Party decided to hold a referendum on our membership of the EU, not in the national interest but because it was hopelessly split on Europe and a referendum was seen as the way of dealing with those internal party differences. If the Conservatives had not been split on Europe there would have been no referendum, and thus no uncertainty now over the future position of EU nationals living in the UK in the light of the result, and no government intention to use these people as a bargaining chip in the Brexit negotiations, having also created, and now further added to, uncertainty over the position of some 1.2 million British citizens living in other EU countries.

A further part of the legacy of the Conservative referendum has been the significant increase in hate crime following the campaign and the declaration of the result. Migration was made a big issue and EU nationals moving to this country were portrayed as a burden overwhelming our public services. In effect, the Government are saying that if in the course of negotiations they are unable to secure the rights of British nationals living abroad, similar rights might be withdrawn from EU nationals in this country in retaliation. That stance can only give encouragement to those who wish to stir up division and hatred in our communities, and lead to EU nationals in this country wondering whether they are still wanted or respected and whether they should remain.

Yet the Government themselves admit that people from EU member states in this country are caring for the elderly, tending the sick in hospitals, teaching our children, volunteering for our charities, setting up and working in businesses and providing important local services. No one will criticise the UK Government for doing all that they can to secure the rights of British nationals living in other parts of Europe, but that should not be at the expense of the security of families who are living, working and paying taxes here, and whose future position has been put in doubt not by the rest of the EU but by the Conservative Party’s decision to hold a referendum for purely party-political reasons rather than for reasons of national interest.

The current legal status of all EU citizens is that they have the right to move and reside freely in another member state. In addition, the principle of free movement entitles citizens of EU member states and their families to work anywhere in the EU. The principle also supports a broader set of rights, including protection against discrimination on the grounds of nationality for employment, and provisions to co-ordinate social security so that people do not lose entitlements when they exercise their free-movement rights. There are also rights of access to public services and to run a business, and the ability to be joined by family members and extended family members. In practice, all EU nationals and their family members have an initial right to reside in another member state for up to three months for any purpose. They have a right to reside for longer than three months if they qualify as a worker, jobseeker, student or self-employed or self-sufficient person, or a family member of one of those, and are not subject to knowledge of English requirements. A right of permanent residence is acquired after five years’ continuous residence in the host member state.

So that we can be clear, which of those aspects of the current legal status and rights of EU citizens now living in this country would the Government consider withdrawing or amending if the negotiations relating to the position of British nationals living in other EU member states were not concluded to the Government’s satisfaction, and which of them would the Government not consider withdrawing or amending? I hope the Minister will be able to give some clarity on that question. Presumably, we do not want the other 27 member states to call into question the rights of the 1.2 million British nationals living in their countries, so why are we apparently going to start the negotiations by calling into question the future rights of EU nationals living here? Why can we not say, on the rights of EU nationals currently living here, that they will continue to have whatever rights they had on a specific date—perhaps 23 June, for example, the day of the Conservative referendum that created all the uncertainty, or perhaps a later date than that?