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European Union Directive

Home Department written question – answered on 29th November 2011.

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Photo of Stewart Jackson Stewart Jackson Conservative, Peterborough

To ask the Secretary of State for the Home Department what assessment has been made of the merits of seeking to invoke restrictions in respect of the European Union Directive 2004/58/EC under the auspices of (a) public policy, (b) security and (c) health; and if she will make a statement.

Photo of Damian Green Damian Green The Minister for Immigration

holding answer 25 November 2011

The restrictions on the rights of entry and residence set out in Directive 2004/38/EC have been implemented in the UK by way of the Immigration (European Economic Area) Regulations 2006 (“the Regulations”).

The UK Border Agency uses these restrictions to consider for deportation all EEA nationals sentenced to two years' imprisonment or over, and any EEA national sentenced to 12 months or over for sex, drugs or violence offences. In addition, since the regulations were amended on 1 June 2009 to allow the Secretary of State for the Home Department, my right hon. Friend Mrs May, to exclude from the UK EEA nationals and/or members of their families on the grounds of public policy, public security or public health, this power has been used to exclude individuals who are considered to be a threat to our national security.

The Government believes it is important to use this principle in appropriate cases in order to prevent abuse of the right of free movement by criminals.

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