Brexit and EU citizens: A practical note

The UK government’s announcement yesterday of its plans for EU citizens in the UK post-Brexit contained one or two nasty surprises, not least among them that EU citizens will be forced to hold some sort of documentation proving the right to stay and work in the UK after 2018 – a prima facie case of discrimination vis-a-vis UK citizens who do not – and should not – have to carry any such documentation.

Aside of the understandable outrage here, and here, that May should consider such discrimination to be ‘fair’, and that many EU citizens have already gone through a lengthy process of securing permanent residence documents only for these now to be useless, as well as that this is not a situation of fact, simply an opening ‘offer’ in the Article 50 negotiations process, one of the interesting issues around this reference is the practical logistics around documenting 3m people in the time available. Those who have gone to the trouble of securing permanent residence rights, via the infamous 85-page form, are promised a ‘streamlined’ and ‘user-friendly’ application process but there are clearly doubts about the ability of the appropriate government departments to be able to deliver on that, not least stemming from the bureaucratic delays that as few as 150,000 people experienced in applying for PR to government departments that were simply overwhelmed. Let alone 3m (+).

There is little detail on the document as to what the government means by ‘streamlined’, although there are vague (and inevitable) references to it being ‘digital’ and the days of the 85-page form seem to be numbered.

However, there are doubts about the ability of the UK to deliver on this score, too. Eurostat, the EU’s statistical office, publishes a continually-updated scorecard on the digital single market – which, of course, we are leaving – called the ‘DESI composite‘ (this is the Digital Economy and Society Index, not this one). Overall, across the five components of the index, the UK is above average – it’s actually in seventh place among the EU-28. However, one of the constituent components is ‘digital public services’, which measures a country’s ability to deliver e-Government services, including the provision of pre-filled forms and online service completion. Here, it might not be a surprise to learn, the UK is doing rather less well – not only is it below the average for the EU-28, it’s actually fallen as far as 18th place.

(As an aside, I can recall a previous government vowing that the UK would have the best superfast broadband in the EU by 2015: we don’t – on the DESI composite’s ‘Connectivity’ sub-index, we are sixth, rising above only Finland among the other nations above us on the overall list – which are Netherlands, Luxembourg, Belgium, Denmark and Sweden. We were sixth in 2015, too.)

So, there are some quite deep-rooted capacity issues which need to be resolved. We can well imagine that these ought to have been resolved before the UK government could even make such an offer – since it is not doing so from a position of strength – and certainly by the time any agreement may be implemented. Perhaps the UK government might look to other EU governments for advice on how to deliver the sort of ‘streamlined’ digital public service that would be required to document 3m EU nationals in the way this proposal envisages – perhaps from other countries which are higher up the DESI list than the UK. Perhaps we might ask Poland, for example.

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