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Written Question
EU Countries: Nationality
Thursday 10th March 2016

Asked by: Lord Hamilton of Epsom (Conservative - Life peer)

Question to the Home Office:

To ask Her Majesty’s Government what assessment they have made of the judgment of the European Court of Justice in <i>Rottmann v Freistaat Bayern </i>(Case C-135/08) that a decision by an EU member state to deprive a person of national citizenship cannot result automatically from the fact that the person in question acquired that status by deception, in particular in the light of Section A of the Decision of the Heads of State or Government, meeting within the European Council, concerning issues raised by Denmark regarding the Treaty on European Union (<i>Official Journal</i> C348/1, 31/12/92).

Answered by Lord Bates

The European Court of Justice confirmed in the case of Rottmann that it was required to take into account the Edinburgh Decision of 1992 when interpreting the EU Treaties. On the facts of the case, the Court found that the decision to deprive the applicant of German nationality had to comply with the EU principle of proportionality. The Court considered that this conclusion was consistent with the Edinburgh Decision.

In its application of this judgment, the UK Court of Appeal confirmed in the case of G1 that Member States retain competence over the acquisition and loss of citizenship and the principle in Rottmann only applies if EU law is engaged on the particular facts of each case.


Written Question
Prisoners: Voting Rights
Thursday 10th March 2016

Asked by: Lord Hamilton of Epsom (Conservative - Life peer)

Question to the Ministry of Justice:

To ask Her Majesty’s Government what assessment they have made of the judgment of the European Court of Justice in <i>Delvigne v Commune de Lesparre-Médoc </i>(Case C-650/13); and whether any changes to legislation or government policies are required as a result of that judgment.

Answered by Lord Faulks

The UK's ban on prisoner voting stays in place and as we have consistently stated, remains a matter for Parliament to determine.


Written Question
Palestinians: EU Aid
Tuesday 8th March 2016

Asked by: Lord Hamilton of Epsom (Conservative - Life peer)

Question to the Department for International Development:

To ask Her Majesty’s Government whether they contribute to the EU programme of assistance to the Palestinians; what is the gross annual amount of funding for that programme, and what percentage of that funding the UK’s contribution, if any, represents; and what percentage of that programme’s funding is provided to the Palestinian Education Authority.

Answered by Baroness Verma

The EU is a major donor to both the Palestinian Authority and UNRWA, providing over €290 million in 2016 to the Palestinian people, including the refugees who live outside Occupied Palestinian Territories in the camps of Jordan, Lebanon and Syria. The UK contributes to the EU budget as a whole, not individual instruments within it. The UK’s share on EU expenditure in EU instruments is approximately 14.5%. The EU funding to the Palestinian Authority is through the PEGASE mechanism, providing the salaries for vetted civil servants only.


Written Question
Free Movement of People
Monday 7th March 2016

Asked by: Lord Hamilton of Epsom (Conservative - Life peer)

Question to the Home Office:

To ask Her Majesty’s Government whether EU citizens can enter the UK for the purposes of seeking employment.

Answered by Lord Bates

All European Union citizens may enter the UK on production of a valid passport or identity card and have an initial right to reside for three months. Those who wish to stay longer can do so as a jobseeker for a further three months, providing they have a genuine prospect of work. After that period, they must be exercising a Treaty right as a worker, a student, or a self-employed or self-sufficient person, or be liable for removal.

The new EU settlement negotiated by the Prime Minster also confirms that we do not have to pay Universal Credit to EU nationals who come to the UK as jobseekers.

In line with the transitional controls imposed through the Accession of Croatia (Immigration and Worker Authorisation) Regulations, Croatian nationals, who are subject to worker authorisation, have no right to reside in the UK as jobseekers.


Written Question
EU Nationals: Social Security Benefits
Monday 7th March 2016

Asked by: Lord Hamilton of Epsom (Conservative - Life peer)

Question to the Department for Work and Pensions:

To ask Her Majesty’s Government what assessment they have made of the effect on the level of migration from the EU of the "emergency brake" proposed in the Decision of the European Council concerning a new settlement for the UK within the EU, and whether that proposal will affect any claims for non-contributory in-work benefits made by British citizens, including those returning from permanent residence abroad.

Answered by Lord Freud

The Decision of the European Council concerning a new settlement for the UK recognises, for the first time, that different social security systems across Member States can attract EU workers. Government figures show that around 40 per cent of recent EEA migrants are in households supported by the benefit system. On average, families with a recent EEA migrant claim almost £6,000 per year in tax credits, and of these, around 8,000 families receive more than £10,000.

The brake will apply to those moving from elsewhere in the EU to the UK for work. It will not apply to UK nationals living and working here.