Citizens’ Rights

Stephen Doughty Excerpts

Thursday 14th December 2023 Commons Chamber

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

I thank the Minister for advance sight of his statement. We welcome engagement between the Government and the European Union on these issues. Maintaining an open, constructive and consistent dialogue is critical to the mutual welfare and rights of all those affected by the withdrawal agreement. We also welcome the work of the Independent Monitoring Authority, the specialised committee and bodies such as the EU-UK Parliamentary Partnership Assembly.

We will always stand up for the rights of the British in Europe, but we recognise that these issues must be addressed in a spirit of mutual and constructive co-operation. As the Minister outlined, the joint statements made in the light of the specialised committee on citizens’ rights appear to show important progress. Fewer issues relating to healthcare, benefits and housing were relayed to the IMA in 2022 than in 2021, but it is clear that some challenges persist. The Minister has outlined a number of those, and we need to work pragmatically and constructively to address them. One of the issues that he mentioned is whether data is fit for purpose. There is not consistency in the data provided by individual countries—it is incomplete and variable. I hope the Minister can say a little more about what he is doing with his European Union counterparts about the data missing from certain member states, in order to achieve baseline parity.

It has also been relayed to Labour that there are continuing problems with the process of issuing residence cards—an example often cited is Portugal. I understand that that process is now under way, but problems are being reported with family reunification, as people struggle to obtain appointments and QR codes. We have also heard about problems with payment systems and delays in printing and issuing cards, which can have an impact on other rights under the withdrawal agreement. What discussions has the Minister had about that?

Concerns have also been raised about the number of refusals in a number of member states and the varying approach to late applications across many countries. British in Europe, an important advocacy group on behalf of citizens, has stated that late applications and the prevalence of refusals are causing consternation and anxiety for many. There is also concern about the lack of communication and information on these issues. Concerns have been raised in the past in relation to Sweden, Denmark, Finland and Belgium, although again the situation has improved, for example with the Danish Government’s decision to extend the deadline for British citizens to apply for status to the end of 2023. Can the Minister update us on the concerns raised in that regard?

Particular concerns were raised about the situation in Sweden, where the refusal rate and the order to leave are statistically higher than in equivalent countries. I have heard some very concerning cases, including one relating to an elderly lady with dementia. Again, can the Minister say what discussions he has had specifically with the Swedish Government on those issues and what he is doing to improve communication with British citizens?

There are concerns about absences and the impact on ordinary and permanent residents. We need a clear statement from the European Commission on the position in the light of recent legal cases. There are concerns about fees. For example, I understand that citizens are being charged €200 to upgrade their status in countries such as Latvia. There are also concerns about cases—thankfully, a very small number of cases—where families have unfortunately been split up due to inconsistencies. Does the Minister have an assessment of how many cases there are in that regard?

Many citizens affected are raising questions about equal treatment and non-discrimination under articles 12 and 23 of the withdrawal agreement. Can the Minister say a little about how we are ensuring equality of treatment in all areas—tax, property, school and university access, health access and so on?

Finally, there is a more general issue about where UK citizens turn when they need advice on enforcing their withdrawal agreement rights—there is a lack of specialised lawyers in this area—and about funding for advice and advocacy services, although I recognise the importance of the work being done by schemes such as Your Europe Advice.

We also need clarity on how we are addressing the concerns of EU citizens here, many of whom have lived here for decades, have contributed and paid taxes, have marriages and children, and so on. The Minister outlined the number of people who have applied to the EU settlement scheme. Where are we on the progress on determining remaining cases and making determinations? We are aware that the scheme has faced serious issues, with hundreds of thousands of late applications, long delays on decisions, delays for those with pre-settled status, and a lack of clarity on their move to settled status. EU citizens over here also deserve clarity and certainty over their status and that of their loved ones. It is vital that the Home Office addresses those concerns, so I wonder if the Minister could update us on what conversations he has had with his colleagues in the Home Office.

One issue that is often raised with us is school trips. How can we address some of the problems that have emerged and may emerge around that important contact between our countries?

Finally, reconnecting Britain starts with Europe. They are our neighbours, partners and allies, and a Labour Government would prioritise building a new ambitious partnership with the EU and European member states. We will not rejoin the EU, the single market or the customs union, or return to freedom of movement, but it is in our mutual benefit to ensure tangible improvements in the experience of citizens on both sides under the withdrawal agreement, recognising the depth of our people-to-people connections.

[Leo Docherty]

I am grateful to the hon. Gentleman for his questions and for his warm endorsement of a statement that, I think, reflects the overwhelming success of the scheme on both sides. He made a welcome reference to the UK-EU Parliamentary Partnership Assembly, which I was pleased to address last week in Parliament. That shows the practical utility of the exchanges between parliamentarians, both from the EU and the UK, and how they can serve as an important platform for an exchange of views. The warm tone of that meeting reflected the health and positivity of the relationship.

There are, of course, some challenges. The hon. Gentleman asked a good question about data. We do need consistency across member states and we continue to work both with the Commission and bilaterally to encourage greater granularity in the data coming from member states. Bilateral work continues, for example on the issuing of residence rights. It is a particular issue in Portugal, but we have been very grateful to the Portuguese Government for their positive approach. We have raised it at the highest level and we continue to do so. The Foreign Secretary discussed these issues with Vice-President Šefčovič very recently. When I travel as a Minister, I am constantly engaged with these sorts of citizens’ rights as a routine part of my engagement across European capitals.

The hon. Gentleman asked a very good question about Sweden and Denmark. We continue to work bilaterally to resolve those specific issues. He asked a specific question about fees in Latvia. I will write to him on that and on his question about the number of family members involved in cases that are yet to have a satisfactory outcome.

The hon. Gentleman asked a very good question on where people should turn when they need help. In the first instance they should access help online, whether through the Independent Monitoring Authority in the UK or by approaching the EU Commission if an individual is resident in the EU. We have a very wide and comprehensive consular network in British missions right across Europe, with expertise that is deployable to help those concerned. I was very pleased to meet the group he mentioned, British in Europe. I had expansive discussions with that group, which does a terrific job of making British residents in Europe aware of the help available to them.

The hon. Gentleman asked a good question about the duration of a determination. Clearly, the Home Office is doing a terrific job in driving forward a high volume of applications. It is receiving and processing 1,000 cases per day. My understanding is that the average processing time is six months, but we should be very clear that no individual will ever miss out due to any kind of timeline. No one’s fundamental rights will be undermined. Settled status is guaranteed whether or not a certain timeline has been missed, and that was the basis of the recent extension.

In conclusion, the hon. Gentleman was right to point out that we are neighbours, partners and friends to the European Commission and to the member states. That warm tone and collaborative working dictates everything we do on citizens’ rights and beyond.