1101 European Community (Right of Residence) 8 FEBRUARY 1990 European Community (Right of Residence)
[Mr. Peter Lloyd]
I would like to stress at this point that the Government are extremely conscious of the importance of the arrangements which enable Parliament to play a full and effective part in the scrutiny of Community legislation.
However, we believed that the situation which arose suddenly in December, when there seemed a strong possibility of agreement to the directives at the IMC meeting, met the exceptional criteria laid down for adoption before a debate.
In the event, however, the contingency which we foresaw did not materialise, and I am very glad indeed that the House has this opportunity to consider the draft directives before the question of adoption arises.
There are, as I have said, three draft directives to be considered. They are aimed at students, pensioners, and other non-economically active persons respectively. It may be helpful to the House if I outline in brief the basic provisions of each.
First, the directive on students will apply to any EC national enrolled on a vocational or professional training course at a recognised educational establishment.
The spouse and dependent children of the EC national will also benefit. But right of residence will be conditional on possession of sufficient resources to prevent the beneficiaries becoming a financial burden on the host member state.
Sickness insurance will also be required where relevant. For example, in countries which operate a medical insurance system rather than a health service as in the United Kingdom.
Secondly, EC nationals who have been employed or self-employed will benefit from the directive on pensioners. They must be in receipt of an invalidity or early retirement pension, or old age benefits, or a pension in respect of an industrial accident or disease. Along with their spouse and dependent relatives, such EC nationals will be accorded a right of residence provided there are sufficient resources to prevent them from becoming a financial burden on the host member state. Sickness insurance will also be required where relevant.
Thirdly, any other EC national will benefit from the Directive on other non-economically active people provided there are sufficient resources to ensure they, and members of their family admitted with them, will not become a financial burden on the host member state. Again, there is a requirement for sickness insurance, if necessary.
Mr. William Cash (Stafford): Has any attempt been made to quantify the sort of resources that would be needed, concerning the definition of "dependent relatives", and the length and breadth of that expression?
Mr. Lloyd: The length and breadth of the expression is detailed in the draft directives, and is there to be seen. The mimimum amount of resources will be social security payments, whichever form they take, in the relevant country. Resources must be at least at that level.
Mr. Patrick Cormack (Staffordshire, South): Am I right in inferring that those people from Hong Kong to whom the Government are to give the right of abode—I totally support the Government in that—will also benefit from these directives?
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Mr. Lloyd: Yes, like any other British national, they will be able to take advantage of the directives, under the migratory workers provisions of the treaty, to live in any part of the Community as long as they have the resources to do so.
Although there are three separate directives, there are common threads running through them all, not least the requirement that beneficiaries of each directive should not become a financial burden on the host member state. Member states have agreed that if the right of residence is to be available on such a wide scale there must be some protection for their social assistance systems.
Consequently, the directives have been drafted in such a way as to prevent the possibility of EC nationals going from one state to another becoming a charge on social security funds in each, or even moving solely to maximise their entitlement to social security assistance payments.
In calculating the adequacy of the resources available to applicants, account will be taken of the personal circumstances of those involved. That will avoid the situation of a pensioner in receipt of a small pension, but with substantial personal resources, failing to qualify. Adequate resources are deemed to be resources higher than the level at which social assistance is paid within the relevant member state, as I just told my hon. Friend the Member for Stafford (Mr. Cash). It is the Government's view that the provisions of the directives contain adequate safeguards to ensure that their implementation would not result in any drain on our social security system.
Each directive also makes provision for family members. In the case of students it will be limited to the spouse and dependant. Pensioners and "others" will be able to have with them their spouse and any dependent relative in the ascending and descending line. Specific provision is also made in each directive to enable the spouse and dependent children of the main beneficiary to work in the host member state. Similar provisions have been in place for a number of years in the case of migrant workers, so for most people the provisions do not add to what is already available.
The provisions about resources being sufficient to prevent claims for social security benefits apply to those dependants in the same way as to the applicant.
Each directive contains an important provision ensuring that the right of residence will exist only so long as the persons concerned continue to meet the criteria that I have just outlined.
In common with other measures relating to free movement, derogation from the provisions of the directives will be possible only on grounds of public policy, public security or public health. These are the basic provisions of the directives as they now stand. Member states have reached agreement thus far, but such an achievement is the result of considerable effort.
Amendments to the original proposals have had to be made. For example, a scheme to reimburse the host member state for social security claims made by students has been replaced with the requirement to show adequate resources. Similarly, on pensioners it was agreed that simply having a pension was insufficient.
In order properly to assess the resources of pensioners and "others" it has been agreed that the personal circumstances of the applicant, and where appropriate those admitted with him, will be taken into account; and it has been agreed that the necessary amendment will be made. Another amendment has been agreed in recognition