European Union (Withdrawal Agreement) Bill

Baroness Miller of Chilthorne Domer Excerpts

Committee: 3rd sitting (Hansard) & Committee stage & Committee: 3rd sitting (Hansard): House of Lords
Thursday 16th January 2020 Lords Chamber

[Lord Shipley (LD)]

My Lords, I strongly support the amendment. Around 1.2 million British pensioners live abroad. Just over half have annual uprating of their pensions as they would if they still lived in the UK. They are in one of the 48 countries where the UK Government apply an annual uprating, and over half those countries are in the EU.

In September the Department for Work and Pensions made an announcement on the extension of uprating for a further three years to those pensioners in the EU. I quote from its press release:

“Nearly half a million people living in the EU will continue to have their UK State Pension increased every year for the next 3 years in the event of a no deal exit from the EU”.


There is no explanation of why it is three years as opposed to permanently, or any other figure. It goes on to say:

“During this 3-year period the UK government plans to negotiate a new arrangement with the EU to ensure that uprating continues.”


I stress “plans to negotiate”. The question arises as to what happens if those negotiations fail. Along with the question of why the figure of three years was selected, there is a possibility that the negotiations will fail. There is also no explanation of why the uprating should not apply to all the pensions affected for those pensioners’ lifetimes.

My noble friend Lady Hamwee has mentioned the fact that if all those pensioners returned to the UK there would be substantial costs for public services, not least the NHS. I hope that when the Government calculate costs they also include the benefit that accrues to the Treasury from UK pensioners living outside the UK who do not directly use those services.

There is of course a question about those UK pensioners who move into EU countries after 1 February, because at present it would appear that they do not have a right to an uprated pension. I seek the Minister’s assurance on that point. UK expatriate pensioners need and deserve greater certainty when they are living outside the UK in the EU. I very much hope that the Minister will be able to confirm that it is government policy to uprate their pensions permanently once the three-year period is over.

[Baroness Miller of Chilthorne Domer (LD)]

My Lords, I put my name to this amendment and I remind noble Lords of my interests in that I spend a considerable amount of time in France. I should add that I have health cover in France, so when I speak on health, I do not have an interest in being covered by the UK.

First, I ask the Minister if he still agrees with his noble and learned friend Lord Keen of Elie who, when summing up at Second Reading on Monday, said:

“Reference was made by the noble Lord, Lord Teverson, and the noble Baroness, Lady Miller, to the status of UK citizens in the EU. However, that is … not a matter of domestic law and is therefore not a matter for the Bill”.—[Official Report, 13/1/20; col. 552.]


The fact is that the Government have chosen not to include in the Bill either the pensions upgrade or anything about health cover; it is a choice. The Bill could encompass the rights of UK citizens should the Government choose or should we, for example, win this amendment. At the moment, it is the Government’s choice to exclude any cover for UK citizens from the Bill, rather than a matter of fact.

Secondly, I want to speak about health. Many UK citizens working abroad in the EU will have health cover by virtue of their occupation or if they are a dependant of somebody in an occupation that qualifies, so they are fine. The problem is for those who are not covered by that either because they have not yet qualified for settled status but hope to—for example, those who have been in a country for less than the qualifying period; in France that would be five years, so perhaps someone has been there for three years not five—or because their financial status is questionable because of low income. What cover from the UK can those UK citizens expect? Some are likely to have ongoing conditions such as cancer and some will develop illnesses between now and the period in which they would qualify, and certainly by the end of December.

Up until now, the S1 provision has dealt with this for a significant number of people; can the Minister say how many people are actually covered by it? If only 1% of UK citizens in the EU are thus adversely affected, that is still 10,000 people with enormous worries about their health cover. For some, this is bound to mean that they will have to return to the UK, where their healthcare will be 100% covered by the NHS. When the Minister replies, could he outline just what provisional arrangements will be in place until the arrangements in whichever EU state those UK nationals are in finally take effect because they have their settled status?

The last point I want to make is that I do not think that, at the moment, the Government have done nearly enough to publicise the fact that UK citizens living in the EU will not be able to access NHS services for free when visiting the UK after this, unless they have a UK-issued S1 form. The problem is that the Government have not done nearly enough to publicise what will happen, country by country. I accept that the embassies have done some outreach work and have embassy pages, but in many cases those are pretty generic and the situation alters very much country by country. Again, at Second Reading, I asked if the Government would provide information on where reciprocal arrangements were in place with the EU states—for example, for qualifications. The Minister made no reference to that in his summing up. The absolute least the Government could do for UK citizens in Europe is to provide a comprehensive country-by-country guide covering all the issues that concern UK citizens abroad.

[Lord Steel of Aikwood (LD)]

My Lords, I have not yet spoken on the Bill, preferring to leave it to the experts —of whom there appears to be quite a lot on these Benches—but I want to speak in support of these two amendments which my noble friends have tabled.

I have a holiday house in Languedoc—not the fashionable part of France. Every time I have gone there during the last three years since the referendum, the people who live and work there, as my noble friends have described, have said to me, “Come on, you’re a Member of Parliament, even in the upper House. Can you tell us what is going on? What are our rights?” I have given them a truthful answer: “I’m sorry. I haven’t a clue and, what is more, neither have the Government”. That is the position we have arrived at today. They have all made the point that during the last three years we have had no fewer than three different Cabinet Ministers responsible for exiting the EU. That was their job, but never, in the whole time of our membership of the European Union, have we ever had a Cabinet Minister whose sole responsibility was to stay within the EU and to make sure it developed in such a way that it improved our relationship with it and that its terms and condition and its new regulations were those that we found acceptable. That was an extraordinary omission that we made during that time.

Some of the people whom I have met are thinking, as one of my noble friends said, taking out French citizenship. If they have lived there for more than five years, they can do that. Another one has found an Irish grandparent and is thinking of taking out Irish citizenship. It is a tragedy that we are possibly losing these people and losing them from the citizenship of our country. It is not desirable at all. A lot of them are aware that I took an active part in the 1975 referendum. I keep pointing out to them that I am sorry because there was a huge difference between the two referenda. In 1975, there were huge public meetings in every town and city in the land; there were huge arguments about our role in Europe, and about the reasons why we were having European unity and the European Economic Community as it then was. This time, it was all about a grubby figure on the side of a bus. It was a very different atmosphere, and one they found very difficult to understand. These people have been treated rather shabbily, and I hope that the Minister, in his reply, will be able to give them some words of comfort.