New Brexit row looms as Immigration Minister says European court jurisdiction 'part of negotiations'

Brandon Lewis, the immigration minister
Brandon Lewis told the Home Affairs Select Committee that negotiations were ongoing over EU citizens' rights Credit: Heathcliff O'Malley for The Telegraph

The Government may be ready to accept the continued jurisdiction of the European Court of Justice (ECJ) post-Brexit, the Immigration Minister has signalled.

Brandon Lewis said the matter was “part of negotiations” with the European Union despite the fact Theresa May had made ending the court’s influence over the UK one of her Brexit red lines.

It comes after reports that ministers in Mrs May’s Brexit Cabinet agreed on Monday that the court could play a role in guaranteeing the rights of the three million EU citizens living in Britain after the UK’s withdrawal from the bloc.

The prospect of the Prime Minister watering down her position on the ECJ is likely to spark alarm among Eurosceptic MPs who view ending the court’s influence as an essential part of Brexit.

Downing Street insisted the Government had not changed its position. 

Mr Lewis also revealed that the Government intended to publish a white paper setting out its post-Brexit plan for immigration before Christmas.

The continued role of the ECJ has been a key battleground between Britain and the EU. Brussels has been adamant that the court must play a role in guaranteeing the rights of EU citizens living in the UK after the point of withdrawal.

The Government has insisted that the influence of the court must end but Mr Lewis hinted it may be softening its stance on the issue.

Asked by the home affairs select committee if EU citizens’ rights will be subject to continued ECJ jurisdiction post-Brexit, he said: “That is part of negotiations and that part of negotiations hasn’t concluded yet.”

Asked whether the Government has ruled out continued ECJ jurisdiction, he added: “As tempting as it is to go further I’m afraid I am going to repeat again that is a matter for negotiations and that part of negotiations hasn’t concluded yet.”

Mrs May pledged to “bring an end to the jurisdiction of the European Court of Justice in Britain” in January during her flagship Brexit speech at Lancaster House.

Any reversal on that position would place her on a collision course with many Leave-backing MPs, who believe Brexit should restore the absolute supremacy of British law.

The Prime Minister's official spokesman said: "I'd make the distinction between the implementation period and post-Brexit.

"We've said in relation to an implementation period that you could expect the system to be broadly similar as it is today, but when it comes to post-Brexit, we've been clear that the jurisdiction of the European Court of Justice will end."

Ed Davey, the Liberal Democrat home affairs spokesman, said: “Brandon Lewis’ flustered response today shows the Government’s supposed red-line on ECJ jurisdiction is being watered down.

"The Government should not be ashamed in rowing back on what was a ridiculous assertion from the Prime Minister in the first place.”

Mr Lewis also told the committee that he hoped to publish the Government’s proposals for a post-Brexit immigration system “soon”, hopefully before Christmas.  

He also said the Government hoped to have a new system which will allow EU citizens to apply for settled status to guarantee their post-Brexit future in the UK to be up and running by the second half of 2018.

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