I share the Deputy's concern at the possible implications for Irish citizens if the British Secretary of State for Social Security proceeds with the introduction of a residence test for people seeking certain social welfare payments in the United Kingdom.
My Department has received from the British Embassy a statement which confirms that the Secretary of State intends shortly to announce the introduction of an habitual residence test which would apply when assessing entitlement to three payments — income support, housing benefit and council tax benefit.
It is as yet unclear what form such a test will take but our main concern must be with the position of young emigrants who go to Britain seeking employment and who find themselves, at least temporarily, dependent on social services. The statement indicates that claimants will have to have a close connection with the United Kingdom and steady employment before they will be entitled to these benefits. Later it is stated that the change will, "in practice have less impact on Irish citizens than at first sight. They are likely to have more ties with the United Kingdom than other EU nationals: they may have lived or worked in the United Kingdom before, or may have family there with whom they intend to live, and thus have little difficulty in satisfying the habitual residence test."
What this suggests — although I cannot of course confirm this in advance of publication of the proposals — is that long term residents of the United Kingdom who continue to hold Irish citizenship and Irish citizens returning to Britain who have worked there previously will not be affected by the new measures. Hence our special concern for young emigrants.
CSO figures for last year put the number of Irish emigrants to Britain at 18,500 and there is an expectation that this figure may rise if British economic growth improves over the course of this year. It is impossible to estimate what share of these emigrants would not have pre-arranged employment or accommodation and would fall into the group potentially affected by the new provisions. In comparison, our own social welfare records show that some 32,000 emigrants returned to Ireland last year, mainly from the UK. The Deputy will appreciate there are frequent movements to and from the UK and hence there are close ties.
Officials in our London embassy have been in discussion with the Department of Social Security over recent days. I also understand that there will be a process of public consultation over the proposed changes and that the Federation of Irish Societies will be involved in this process. It is clearly of the utmost importance that we both establish the extent of the potential problem and seek, via discussion with the British authorities, to minimise the negative impact on our citizens.
There is a European Union dimension to the proposal. The Treaty of Rome contains a guarantee of the right to free movement of workers which is at the centre of the whole European enterprise. The European Court of Justice has determined that this extends to the right of European Union citizens to travel to seek work in other member states of the Union. However, the entitlement of job seekers to the social protection of the member state in which they are seeking work is far from absolute and is not comprehensively provided for in the law of the Union.
I have instructed my Department to raise the question of the new regulations at a meeting of the Administrative Commission on Social Security for Migrant Workers which is taking place in Brussels today and tomorrow. My concern is to seek, as is our right as a fellow member of the European Union, the fullest clarification from the United Kingdom and to ask the European Commission to investigate whether the proposed measures, when clarified, are in compliance with European Union law.
It is a matter of the utmost importance to me to ensure that the social welfare rights of our emigrants, both here and in the country in which they are working or have worked, are protected and preserved. In addition to the now extensive body of rights which has been built up within the European Union. I have negotiated bilteral agreements with the United States, Australia, New Zealand, Canada, including Quebec, and Austria which allow for the mutual recognition of rights built up during periods of work abroad.
I attach great importance to ensuring that our emigrants are made aware of their entitlements. Officials of my Department recently visited prominent Irish communities in the United States to publicise the Irish-US Bilateral Agreement. Today two officials took part in an information session on social welfare rights in an Irish women's centre in London.
For a long time now counselling centres on both sides of the Irish Sea have sought to drive home the message to young people considering emigration that they should not set out with the intention of relying on social welfare. It is now even more vital that this message is clearly understood.
I can assure Deputies that I will continue to work at all levels and in all possible ways to protect the rights of our citizens abroad. I will certainly take action to allay the Deputy's concerns.
