Tag: Viscount Waverley

The below Parliamentary question was asked by Viscount Waverley on 2016-04-13.

To ask Her Majesty’s Government whether, in the event of the UK leaving the EU, UK citizens living in EU member states will retain all of their UK pension rights and will continue to be treated the same as if they were resident in the UK.

Baroness Altmann

The Government’s view is that the UK will be stronger, safer and better off in a reformed EU.

As set out in the Government’s White Paper: ‘The process for withdrawing from the European Union’, published on 29 February, the withdrawal process is unprecedented. No country has ever used Article 50 – it is untested. There is a great deal of uncertainty about how it would work. UK citizens living in the EU currently enjoy a range of specific rights to live, to work and access to pensions, health care and public services that are only guaranteed because of EU law. There would be no requirement under EU law for these rights to be maintained if the UK left the EU.

The below Parliamentary question was asked by Viscount Waverley on 2016-04-27.

To ask Her Majesty’s Government what contingency preparations they are making across departments for managing the transition of policy in the event of the UK voting to leave the EU.

Lord Bridges of Headley

The Government’s position is that the UK will be stronger, safer and better off remaining in a reformed EU.

The below Parliamentary question was asked by Viscount Waverley on 2016-10-13.

To ask Her Majesty’s Government what role they are proposing to give Parliament in scrutinising the outcome of the negotiations relating to the UK leaving the EU, prior to the final conclusion of those negotiations.

Lord Bridges of Headley

The Government will comply with all the constitutional and legal obligations that apply to the deal that we will negotiate with the EU.

The below Parliamentary question was asked by Viscount Waverley on 2016-04-13.

To ask Her Majesty’s Government whether, in the event of the UK leaving the EU, UK citizens living in EU member states will retain all of their rights to medical treatment in the EU under the existing terms and conditions based on their contributions to the UK NHS social security system.

Lord Prior of Brampton

As set out in the Government’s White Paper: ‘The process for withdrawing from the European Union’, published on 29 February and attached, the withdrawal process is unprecedented. No country has ever used Article 50 – it is untested. There is a great deal of uncertainty about how it would work. United Kingdom citizens currently enjoy a range of specific rights to live, to work and access to pensions, health care and public services that are only guaranteed because of European Union law. If the UK voted to leave the EU, the Government would do all it could to secure a positive outcome for the country, but there would be no requirement under EU law for these rights to be maintained. Should an agreement be reached to maintain these rights, the expectation must be that this would have to be reciprocated for EU citizens in the UK.

The below Parliamentary question was asked by Viscount Waverley on 2016-04-27.

To ask Her Majesty’s Government what discussions they have had with other EU member states about whether, in the event of the UK leaving the EU, British citizens settled in EU member states would have an automatic right to remain in the countries where they have settled.

Baroness Anelay of St Johns

No such discussions have been held. As I said in my previous response of 25 April (HL7678), the Government’s view is that the UK will be stronger, safer and better off in a reformed EU. Should the UK choose to stay in the EU, British citizens will be able to work, live and retire abroad as they do now. UK citizens get a range of rights from our membership of the EU. If the UK were to leave the EU, all of these rights would have to be covered in a successor arrangement. If we left the EU without agreeing what would happen to these rights, it would at the least bring them into serious question, creating difficulty for UK citizens who relied on them.

The below Parliamentary question was asked by Viscount Waverley on 2016-10-19.

To ask Her Majesty’s Government how many European Court of Justice rulings against the UK government have not yet been implemented; and whether they will give details of those rulings.

Lord Bridges of Headley

Six European Court of Justice rulings have not yet been implemented. These are listed below:

1.Case number C-161/14 – Commission v UK

An infraction judgment made by the Court of Justice of the European Union, where the court ruled that the UK has failed to apply the VAT reduced rate to supplies of energy saving materials correctly. This is currently under review.

2. Case 301/10 (October 2012) – Urban Waste Water Treatment Directive – Commission v UK

The infraction judgment concerned the appropriate collection of urban waste water of agglomerations in Whitburn and London, and the appropriate treatment of urban waste water of agglomerations in London. Works on collection facilities at Whitburn are due to be completed by the end of 2017. Works to collection and treatment facilities, including the Thames Tideway Tunnel, are due to be completed by 2023.

3. Case 304/15 (September 2016) – Large Combustion Plants Directive – Commission v UK

The infraction judgment concerned permitted NOx emissions from a coal-fired power station in Aberthaw. The regulator, Natural Resources Wales, will review the environmental permit to amend the emission limits early in 2017, with modifications at the plant due to take place in summer 2017. There has also been a recalculation of the power station’s contribution to the UK’s Transitional National Plan for combustion plants.

4. C-530/11 European Commission v UK

The Court of Justice of the European Union handed down an infraction judgment concluding that the UK had breached EU law by failing to ensure procedures for certain environmental challenges were not prohibitively expensive.

5. Case number C-304/14 – Secretary of State for the Home Department v CS

A judgement on the interpretation of Article 20 TFEU, regarding the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States.

6. Case number C-115/15 – Secretary of State for the Home Department v NA

A judgement on the interpretation of Articles 20 and 21 TFEU regarding freedom of movement for workers within the Community.

The below Parliamentary question was asked by Viscount Waverley on 2016-04-13.

To ask Her Majesty’s Government whether, in the event of the UK leaving the EU, UK citizens living in EU member states will retain all of their rights as UK citizens and will continue to be treated the same as if they were resident in the UK.

Baroness Anelay of St Johns

British citizens living in the EU currently enjoy a range of specific rights to live, to work and to access pensions, health care and public services that are only guaranteed because of EU law. There would be no requirement under EU law for these rights to be maintained if the UK left the EU. Should an agreement be reached to maintain these rights, the expectation must be that this would have to be reciprocated for EU citizens in the UK.

The below Parliamentary question was asked by Viscount Waverley on 2016-04-27.

To ask Her Majesty’s Government whether it is their intention that, in the event of the UK leaving the EU, citizens of EU member states who had previously settled in the UK would be entitled automatically to remain; and if not, what contingency plans they are making to defend any legal challenges or claims for compensation under the European Convention on Human Rights that might arise from individuals who are subject to removal.

Lord Keen of Elie

As set out in the Government’s White Paper: ‘The process for withdrawing from the European Union’, published on 29 February, the withdrawal process is unprecedented. No country has ever used Article 50 – it is untested. There is a great deal of uncertainty about how it would work.

UK citizens get the right to live and work in the other 27 member states from our membership of the EU. If the UK voted to leave the EU, the Government would do all it could to secure a positive outcome for the country, but there would be no requirement under EU law for these rights to be maintained.

The below Parliamentary question was asked by Viscount Waverley on 2016-10-19.

To ask Her Majesty’s Government whether they intend to lay before Parliament for scrutiny the outcome of the negotiations for leaving the EU before those negotiations are concluded.

Lord Bridges of Headley

The Government will comply with all the constitutional and legal obligations that apply to the deal that we will negotiate with the EU.

The below Parliamentary question was asked by Viscount Waverley on 2016-04-13.

To ask Her Majesty’s Government in the event of the UK leaving the EU what advice they plan to give to UK citizens who work or live in EU member states related to their legal rights generally, their rights related to UK pensions and to medical care paid for under the NHS social security system, and their right to travel across EU without the need of visas.

Baroness Anelay of St Johns

UK citizens get a range of rights from our membership of the EU. If the UK were to leave the EU, all of these rights would have to be covered in a successor arrangement. If we left the EU without agreeing what would happen to these rights, it would at the very least bring them into serious question, creating difficulty for UK citizens who relied on them.