Brussels wants to ban checks on EU criminals
BRUSSELS is trying to block the UK from carrying out criminal checks on millions of EU citizens hoping to stay here after Brexit.
The bloc’s negotiators want to exert control over the UK’s post-Brexit immigration system by trying to ban the simple checks as part of any deal.
Britain has insisted that the 3.2million EU citizens who live in the UK should be tested when applying for ‘settled status’.
The EU, however, has insisted this would represent a ‘systematic’ breach of rights and checks should only be used where there is suspicion of a criminal history.
The row was one of a series that erupted yesterday over the EU’s ‘unprecedented’ demands during the second round of talks this week.
Those talks ended last night with ‘fundamental’ disagreements remaining between Britain and the EU on citizens’ rights and the ‘divorce bill’. It also emerged that: British expats in countries such as Spain and France would lose the right to move to another EU state under tough Brussels plans to restrict free movement;
Families could be hit by dramatically increased healthcare bills and travel insurance when going on holidays to Europe, as the EU insists the UK cannot retain membership of the European Health Insurance Card (EHIC) scheme;
EU negotiator Michel Barnier also said there was disagreement over ‘the rights of future family members’ – children born in the future to EU citizens here.
The rows resulted in a bitter stand-off between the UK and Brussels over the bloc’s hard-line negotiating stance.
Brexit Secretary David Davis warned Mr Barnier he would have to start showing ‘flexibility’. In a sign of growing tensions, he echoed the words used by his counterpart: ‘ To coin a phrase Michel, the clock is ticking.’
While concerns about the Brexit bill will remain of chief concern for negotiators, attempts to intervene with moves to kick out criminals will infuriate Brexiteers.
Residency applications to the Home Office would involve a check on UK computer databases for prison sentences and criminal offences with a view to deporting those deemed serious offenders.
A British official said: ‘It doesn’t mean that you will not be accepted depending on what you’ve done, but we think it would be unusual not to do that check.’
They said that Mr Davis, who is a well-known defender of civil liberties, saw the check – which falls within the agreement on citizens’ rights – as ‘perfectly reasonable’.
British negotiators have accepted that they can only legally apply the controversial Brussels rules when determining which current residents to kick out. The EU law, seen as typically soft by Brexiteers, only allows somebody to be denied residency rights and deported if they present a ‘sufficiently serious threat’ to society.
The rules also say that previous criminal convictions are not enough for deportation, with decisions on a case-by-case basis.
Only the most serious offenders – such as rapists and murderers – are highly likely to be refused.
Government sources previously insisted ‘ persistent’ criminals would fall within this category. Officials yesterday said a tougher test under British law would be introduced for those arriving after Brexit. Anyone sentenced to more than 12 months here would face automatic deportation.
Around 5,000 EU nationals are in British jails for serious offences.
Meanwhile, Mr Barnier demanded the UK gave ‘clarity’ on its divorce bill in just four weeks.
British officials insisted this week they would provide an initial framework for the payment in October and a figure would not be decided until the ‘eleventh hour’.
Mr Barnier said refusal to fulfil contributions to the EU budget would be ‘explosive’. He told the House of Lords EU committee: ‘There are thousands of town halls, municipalities, businesses and universities that have undertaken projects on the basis of those undertakings and commitments.’
He warned individual EU countries could try to block a deal.
‘The clock is ticking’