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European Community (Right of Residence) 8 FEBRUARY 1990 European Community (Right of Residence)
of the cerns of member states about the definition of family members. Initially, those family members who were to benefit from the pensioners and "others" directives were defined by reference to article 10 of regulation 1612/68 EEC.
Several member states noted the outstanding proposals to amend that particular provision in such a way as to widen considerably the definition of family members. Such a degree of relaxation was regarded as an unwelcome development by member states, at least in respect of the right of residence directives, and as a result the directives will now specify precisely to which family members they apply.
We understand that a statement for the Council minutes will be included to the effect that the given definition of family members may be reviewed in the light of any changes to article 10 of the regulation.
It is the Government's view that if the treaty base for all three directives is changed to article 235-I will mention this again a little later they represent proposals which should be acceptable to the United Kingdom.
Improvements have been made to the original texts and we believe that it is in the United Kingdom's interests to signal agreement to the proposals.
Acceptance of the proposals will facilitate the free movement of EC nationals within the Community. Naturally, that will work to the benefit of British citizens who will, provided they can meet the requirements of the directives, be free to live elsewhere in the Community should they choose to do so.
We are satisfied that the directives are framed, as far as possible, in such a way as to prevent abuse and we believe that the overall effect on the United Kingdom and its citizens will be beneficial. The Government do not consider that the number of people who might take advantage of the directive, if made, will increase significantly the numbers of persons entering the United Kingdom.
More people will be able to come here to spend their retirement years, to study or simply to live in the United Kingdom. Equally, British citizens will have the freedom to choose another country of residence if they so wish. British students will be able to move easily to study in another member state. Residence cards will be issued to those exercising rights under the provisions of the directives in much the same way as they are already issued to EC nationals exercising rights of free movement under the aspects of the treaty covering migrant workers.
No new bureaucracy need be created and in administrative terms the directives will require a minimum of change to our current measures for dealing with EC nationals. Consequently, it is the Government's view that implementation of the proposals would create significant costs to this country.
no
One important feature of our consideration of the directives has been the need for the Government to examine the question of Community competence, in particular as it relates to EC nationals who are not workers or otherwise economically active.
We have looked carefully at the development of Community law and we have concluded that the free movement of all Community nationals, whether they are economically active or not, is an objective of the treaty. The right of residence directives therefore fall within the competence of the Community.
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Earlier, I mentioned that the important issue of the legal base of the directives, which governs the majority which must be obtained for adoption, remains unsettled. The original Commission proposals were to base the directives on article 7 for students-qualified majority voting; articles 48 and 54 for pensioners qualified majority voting; and article 100 for "others"-unanimous voting.
Those treaty bases are unacceptable. The United Kingdom has made it clear throughout that we consider that article 235, which requires unanimous voting, is the only appropriate legal base for all three directives, and that view is shared by several other member states. At the last Internal Market Council in December, the Commission undertook to give further consideration to the issue of legal base.
We fully expect, in the light of the discussions to date, that any revised proposal which the Commission may make will reflect the concerns expressed by us and the other member states.
The Government consider that acceptance of the right of residence directives, provided that the legal bases are changed, is the proper course of action. Measures of this kind, which reduce unnecessary obstacles to the freedom of EC nationals to choose where they will live in the Community, is a good example of what the Single European Act means when it speaks of the establishment of an area without internal frontiers in accordance with the treaty. They have no effect on our right and determination to combat the evils of terrorism, drug trafficking and international crime, or to control immigration from third countries.
I hope that right hon. and hon. Members will agree that we in the United Kingdom have nothing to fear from these proposals but much to gain. We have been presented with an opportunity to further the principle of free movement in terms which the Government consider acceptable to the United Kingdom. I therefore commend the proposals to the House.
9.32 pm
Mr. Alistair Darling (Edinburgh, Central): The directives once again point up the flaws and unfairness of the United Kingdom's immigration rules. Unless the European Community's proposals, welcome though they are, are accompanied by corresponding changes in our rules, they will place some British citizens at a disadvantage compared with EC nationals. British citizens will have less right to family unity, which is at the heart of these rules, than other EC citizens coming to this country.
Europe could give us the opportunity to treat our citizens equally and fairly, which simply is not happening at present. A paragraph of the declaration signed last December by immigration Ministers says:
"There is a growing aspiration, particularly on our continent, that people should be able to move about freely beyond State frontiers: we believe that EC Member States should be all the more diligent in reinforcing their co-operation in that it provides an incentive for others, in other parts of Europe and the world at large, to develop this freedom too."
Those brave words were uttered when western and eastern Europe were beginning to change. As I shall show, some British citizens-and, potentially, all of us—are not as free as that grand declaration envisages. With freedom of movement, and with the move to harmonisation of the rules of the EC, we should take the opportunity to remove
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