In its latest
report, the European Scrutiny Committee considers recent
draft EU legislation and policy documents deposited in Parliament
by the Government.
Each document is accompanied by an Explanatory Memorandum from
the relevant Minister. The Committee examines the legal and
political importance of the document and where appropriate asks
further questions of the Government about its implications. The
Committee also has the power to recommend documents for debate.
In its latest report the Committee highlights the importance of
several documents, and how it intends to follow up with
Government. These include:
HO – Strengthening the security of identity cards and
residence documents
Important because:
- The Regulation, which will apply from August 2021, enhances
the security features of identity cards issued to EU citizens,
and residence documents for non-EU family members
- Under the terms of the Withdrawal Agreement, EU citizens
resident in the UK before the post-exit transition period ends on
31 December 2020 will continue to be able to travel to the UK
using these documents until at least the end of 2025
- The Regulation also raises wider questions about arrangements
at the Gibaltar-Spain border from 1 January 2021.
The Committee’s predecessor noted, in its 2018
analysis of this long-running issue, that the UK may have to
develop procedures which allow Border Force personnel to
distinguish between EU citizens entitled to travel using identity
cards and those required to produce passports on entry to the UK
after transition. The Government has finally replied to the
Committee, but questions remain about how this will work in
practice.
On the issue of Gibraltar, where the border with Spain is
considered an external border of the Schengen area and therefore
subject to regular customs checks, the Committee has previously
noted that the identity cards issued by Gibraltar do not meet the
new standards set out in the Regulation.
Whilst the Minister for Future Borders and Immigration says the
Government of Gibraltar “will seek the best possible border
crossing solution” with Spain from 1 January 2021, he has
provided no further details in correspondence with the Committee.
The Committee has therefore replied asking for more detailed
information as well as the Government’s position on reports that
Gibraltar may wish to join the Schengen free movement area.
HMT – UK partnership with the European Investment Bank:
potential participation in the InvestEU programme
Important because:
- This document provides the basis for InvestEU, a multibillion
investment scheme developed by the European Investment Bank (EIB)
in response to the COVID-19 pandemic.
- The Government has confirmed to the Committee that it will
not seek to participate in the scheme but has yet to announce how
it intends to approach the UK’s future relationship with the EIB.
The Committee has written to the Government seeking further
information on how it intends to work with the EIB in the future,
given it has repeatedly said it is “open to exploring options.”
The Committee’s full report attached
