Tusk rebuffs MPs’ expat demands

The MPs had demanded that council president Donald Tusk allow discussions on an expat rights agreement to “move forward quickly” and be placed on the agenda for a European Council summit in December, saying “we hope and expect you will do that right thing” and “people are not bargaining chips”.

In particular they hit out at French EU commissioner Michel Barnier, in charge of Brexit for the commission, who they said was trying to prevent the UK coming to an agreement with the other EU states on expat rights, and causing “anxiety and uncertainty to UK and EU citizens living in one another’s territories”.

There had been speculation that agreement might be ‘close’ and that UK Prime Minister Theresa May was keen for an ‘early’ deal on this. However Mr Barnier has stated that there should be “no negotiation without notification [of article 50 – the formal decision to leave the EU]”.

In an open letter Mr Tusk says: "Your concern for the status of EU citizens in the UK and UK citizens living and working in Europe bodes well for the future negotiations, especially since we have assumed that one of the main reasons for the vote for Brexit was the rejection of the free movement of people and all the rights it entails, as defined by the European treaties."

He says however the MPs’ argument about the commission causing anxiety is “very interesting...the only problem being that it has nothing to do with reality”.

He adds: “Would you not agree that the only source of anxiety and uncertainty is rather the decision on Brexit? And that the only way to dispel the fears and doubts of all the citizens concerned is the quickest possible start of the negotiations based on article 50 of the Treaty?”

Mr Tusk said that he, on behalf of the 27 other EU countries and the European institutions, is ready to start negotiating when Britain is, but formal notification to leave must be given first.

He added: “Just like you, I would like to avoid a situation where citizens become 'bargaining chips' in the negotiation process. In order for this not to happen, we will need precise and comprehensive solutions, which, other than nice-sounding expressions, will provide citizens with genuine guarantees of security.

“Finally, I want to reassure you that today, and for as long as the UK remains a member of the EU, the treaties guarantee the rights of all EU citizens, including UK citizens, as regards their residence, work, social security and health.

“People are not only protected by the substantive EU law against discrimination, but also by the European Court of Justice if their rights are not respected.”

Signatories to the MPs’ letter include the former cabinet ministers Michael Gove, Iain Duncan Smith, John Redwood and John Whittingdale as well as prominent Eurosceptic Jacob Rees-Mogg.

The full letters are here and here.