Asked by: Viscount Waverley (Crossbench - Excepted Hereditary)
Question to the Department for Exiting the European Union :
To ask Her Majesty's Government what assessment they have made of which cases currently before the European Court of Justice on which they expect to receive adjudication before 29 March 2021.
Answered by Lord Callanan - Parliamentary Under Secretary of State (Department for Energy Security and Net Zero)
Based on average timescales for cases before the European Court of Justice (ECJ) to reach their conclusion, we expect all cases currently before the ECJ to receive adjudication before 29 March 2021 (notwithstanding any appeals from the General Court to the ECJ).
Asked by: Viscount Waverley (Crossbench - Excepted Hereditary)
Question to the Department for Exiting the European Union :
To ask Her Majesty's Government whether they have determined in what circumstances they would withdraw from negotiations to exit from the EU; and if so, what are those circumstances.
Answered by Lord Callanan - Parliamentary Under Secretary of State (Department for Energy Security and Net Zero)
We continue to engage constructively, as a full and responsible Member State in the negotiations. For our part, we are ready to move these negotiations on, as doing so will allow us to best achieve our joint objectives and move towards a deal that works for both the UK and the EU.
We are confident that a future partnership between the UK and EU is in the interests of both sides, so we are approaching these negotiations with optimism. We do not want or expect a no deal outcome.
Asked by: Viscount Waverley (Crossbench - Excepted Hereditary)
Question to the Department for Exiting the European Union :
Her Majesty's Government, with regard to the rights of citizens being negotiated with the EU-27, what progress has been made to date; what are their negotiating red lines; and when they anticipate that those negotiations will conclude.
Answered by Baroness Anelay of St Johns
The Citizens’ Rights Working Group completed a technical note that maps the alignment between the EU and UK positions, to prioritise future discussions. It can be found at https://www.gov.uk/government/publications/joint-technical-note-on-the-comparison-of-eu-uk-positions-on-citizens-rights.
There is much common ground between the UK’s and the EU’s positions on citizens’ rights. We are both clear that we want to protect the broad range of rights and entitlements currently enjoyed by both EU citizens in the UK and UK nationals in the EU. However, there are, naturally, points on which our positions differ.
We are making a fair and serious offer, and want to reach a reciprocal agreement as quickly as possible.
Asked by: Viscount Waverley (Crossbench - Excepted Hereditary)
Question to the Department for Exiting the European Union :
Her Majesty's Government whether those EU citizens who have lived in the UK for more than five years, and who have therefore already qualified for permanent residency status, will be treated in the same manner as EU citizens who have not so qualified, for the purpose of applying for any new citizenship status following Brexit.
Answered by Baroness Anelay of St Johns
For the purpose of applying for citizenship, individuals will be required to meet the current eligibility criteria for naturalisation. These include a period of continuous residence, being of good character, and having sufficient knowledge of English and of life in the UK. A person who is married to or the civil partner of a British citizen can apply for naturalisation once settled; others must wait until they have been settled for 12 months.
Those who are already permanently resident in the UK will be able to apply for citizenship if they meet the statutory requirements.
Those who are not permanently resident must first apply for settled status. To do so, they must have been resident in the UK before a specified date and have completed a period of five years’ continuous residence. Once they are settled they can apply for British citizenship, if they meet the other statutory requirements.
Asked by: Viscount Waverley (Crossbench - Excepted Hereditary)
Question to the Department for Exiting the European Union :
Her Majesty's Government whether they intend to negotiate an agreement relating to the rights of EU citizens living in the UK and UK citizens living in the EU following Brexit separately to other aspects of the Brexit negotiations; and if so, whether they intend for that agreement to come into force in the event that an overall withdrawal agreement is not reached by March 2019.
Answered by Baroness Anelay of St Johns
The Prime Minister has been clear that we want to have reached an agreement about our future partnership, which includes citizens rights, by the time the two-year Article 50 process has ended in March 2019. The rights of EU citizens living in the UK and UK citizens living in the EU following exit is of importance to both sides, and we are sure it can be agreed in the time period set out by the Treaty.
Asked by: Viscount Waverley (Crossbench - Excepted Hereditary)
Question to the Department for Exiting the European Union :
Her Majesty's Government whether they have given any consideration to the creation of a new supra-national dispute resolution mechanism relating to the enforcement of the rights of EU citizens living in the UK and UK citizens living in the the EU following Brexit.
Answered by Baroness Anelay of St Johns
We recognise that the large majority of international agreements involve some form of dispute resolution or enforcement mechanism and there are a range of models for dispute resolution mechanisms in international agreements.
We have been clear that we will bring an end to the jurisdiction of the European Court of Justice in the United Kingdom. The dispute resolution mechanisms adopted as part of our future relationship with the EU will be a matter for negotiation.
Asked by: Viscount Waverley (Crossbench - Excepted Hereditary)
Question to the Department for Exiting the European Union :
Her Majesty's Government, in the light of the Prime Minister's offer made on 22 June concerning EU citizens living in the UK, in particular the statement that the UK courts would have jurisdiction over the enforcement of those rights, how they intend to ensure that those individual rights will be enforced; whether they intend to legislate to ensure that European Court of Justice (ECJ) judgments relating to citizenship rights following Brexit will be enforceable in the UK courts; whether, and if so how, they intend to ensure that decisions of the UK courts and ECJ in this area do not diverge in terms of their interpretation of the relevant agreements; and whether those matters will form part of the Article 50 withdrawal agreement.
Answered by Baroness Anelay of St Johns
The agreement on Citizens Right will be enshrined in UK law and enforceable through the UK judicial system, up to and including the Supreme Court. We are also ready to make commitments in the Withdrawal Agreement which will have the status of international law. We are committed to a rules-based international order and the UK takes its responsibilities signed up to via international agreements seriously.
Asked by: Viscount Waverley (Crossbench - Excepted Hereditary)
Question to the Department for Exiting the European Union :
Her Majesty's Government, in the light of the offer to UK citizens living in other EU member states made by the EU on 22 May, why the Prime Minister made a separate, and different, offer to EU citizens living in the UK on 22 June; whether they intend to negotiate to bring those two offers into line; and if so, how.
Answered by Baroness Anelay of St Johns
The Prime Minister has always been clear that our first priority is to reach agreement on the post-exit position of EU citizens now living in the UK and of UK nationals and living in other EU countries. The UK’s offer on citizens rights is set out in the policy paper “Safeguarding the position of EU citizens in the UK and UK nationals in the EU” and seeks to ensure that EU citizens in the UK retain their rights to residence, benefits and pensions, and access to services, including healthcare and education. It makes clear that the UK expects reciprocity for UK nationals living in the EU in return for its offer which we believe is a fair and serious one.