UK Parliament / Open data

European Union (Withdrawal) Bill

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.

Noon

Home Office guidance seems to confirm that comprehensive sickness insurance is not a requirement for acquiring settled status, but I will read out a reply

to a freedom of information request that appears to make little sense. It remains the Government’s intention not to require evidence that economically inactive EU citizens have previously held comprehensive sickness insurance in applications for settled status, but it also remains the case that:

“In some circumstances, comprehensive sickness insurance is still required for the purposes of accessing the healthcare system in the UK”.

So you do not need to show evidence that you have it—but you will need it in order to access the healthcare system. Could the Minister kindly explain the apparent contradiction between those two statements? This is causing people a lot of anxiety, as the Minister is well aware. A lot of stay-at-home parents, spouses who have been economically inactive, carers, disabled people, pensioners and so on are extremely anxious about what is going to happen on this subject. Yes, it is technical—

About this proceeding contribution

Reference

789 cc1068-9 

Session

2017-19

Chamber / Committee

House of Lords chamber

Subjects

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