Conclusions and recommendations
EU Settlement Scheme
1.The Committee is concerned that the main provisions of the Bill, unless amended, will remove all EU free movement of persons rights, without addressing the rights of those who currently benefit from rights of free movement of persons under EU law, or social security rights. This includes the rights of those who have resided in the UK for many years, working in the UK, paying into our social security system, and even having been born in the UK and lived here their whole lives. Removing their rights with no equivalent legislative protection in place raises significant human rights concerns. These provisions could leave individuals and families in a situation of precarity as to their futures, including housing, social security and property rights. (Paragraph 7)
2.The Committee proposes amendments to the Bill to put protections and guarantees in the Bill itself by ensuring that those with acquired rights will be protected through the manner in which the SI-making power is used. Such an amending clause would require that any regulations made under clauses 4 and 5 should contain measures to protect the acquired rights of those who have rights within the United Kingdom deriving from EU free movement rights. (Paragraph 10)
3.The Committee shares concerns expressed by other Committees that the EU Settlement Scheme as currently proposed creates problems relating to the lack of physical proof of status. We consider that more should be done to raise awareness of the EU Settlement Scheme and to assist individuals with applications. However, we do not consider that these steps alone will address the concerns around a lack of physical proof of status. The Home Office should ensure that physical proof of status is issued to those registered under the EU Settlement Scheme. (Paragraph 14)
4.The Committee is also concerned at the ambiguity about the situation of those who miss the deadline for applications under the EU Settlement Scheme. These could be individuals who have lived and worked in the UK their whole lives. Their rights should not depend on subsequent registration with a scheme within a specific time limit. The Committee considers that steps should be taken either to make provision for registration outside of the EU Settlement Scheme time limit, or to ensure that the entitlement to this status is not dependant on registration, for example with the registration solely being used to assist with physical proof of status. The Committee considers that steps should be taken either to make provision for registration outside of the EU Settlement Scheme time limit, or to ensure that the entitlement to this status is not dependant on registration, for example with the registration solely being used to assist with physical proof of status. (Paragraph 15)
5.The Committee is particularly concerned that certain categories of vulnerable people may have difficulty in accessing the EU Settlement Scheme and therefore may be excluded from the rights to which they should be entitled under it. The Committee recommends that the Government take steps to ensure that vulnerable groups are made aware of their rights and are assisted in accessing their rights under the EU Settlement Scheme. (Paragraph 16)
Common Travel Area
6.We are aware that not all of the current rights flowing from the Common Travel Area mirror the EU free movement of persons rights that exist pre-Brexit. For example, the rights flowing from the Common Travel Area do not currently include the right for an individual to be accompanied by their third country national spouse or third country national dependents, which could have an impact e.g. on Irish nationals with a foreign spouse living in the UK. Therefore, whilst clause 2 of the Bill is welcome in that it seeks to ensure Common Travel Area protections for Irish nationals to enter and reside in the UK, the overall effect is that some existing EU rights are diminished, such as the rights relating to family reunification which are not protected. (Paragraph 19)
7.The Bill does not address other EU free movement rights that currently exist relating to employment, education, health and social security. Some of these are covered in arrangements relating to the Common Travel Area, but this is not comprehensive and is patchy. We note work is underway to seek to improve the protections for British and Irish nationals flowing from the Common Travel Area, for example the agreement on social security, and this is welcome. (Paragraph 20)
8.We recommend that the UK Government, working with the Irish Government, seeks to further clarify the Common Travel Area arrangements with a view to keeping comparable arrangements in place for UK and Irish citizens as currently exist pre-Brexit. This should include family reunification as well as rights relating to healthcare, social security, education and workers’ rights. We recommend that the UK Government, working with the Irish Government, seeks to further clarify the Common Travel Area arrangements with a view to keeping comparable arrangements in place for UK and Irish citizens as currently exist pre-Brexit. This should include family reunification as well as rights relating to healthcare, social security, education and workers’ rights. (Paragraph 21)
Published: 26 March 2019