Saturday, October 15, 2016

So it can be done

Now that the great Marmite row has been settled, at least temporarily, with Tesco emerging as the unlikely champion of the ordinary shopper, we can all turn our attention to other matters related to Brexit, however distantly. This story must annoy the Remain campaign a lot as David Cameron's inability to secure a five year moratorium on welfare for EU migrants was one of the Leavers' best arguments. You see, we all said, nothing can be done, nothing can be achieved. Apparently, this is not so or belatedly not so.

On October 12, the German government approved a law
to curb social benefits for EU citizens who arrive in the country without a job, as it responds to pressure to get tough on migrants.

Under the draft legislation, which still needs to go through parliament, EU nationals who have never worked in Germany will have to wait five years before they can claim benefits.
One of the mysterious aspects of the whole process that eventually led to that vote on June 23 was Cameron's lack of success in his negotiations with his EU colleagues. We all knew or, at least, suspected that he would come back with a fudge but he came back with nothing. This would have been a popular agreement and would have been very useful to the Remain camp. Given what has just happened in Germany, it could have been pushed through Parliament but HMG, as usual, decided not to antagonize the EU.

Why exactly could the colleagues give Cameron more help? Did they not care what would happen in the UK or, more likely, could they really not believe that the people of this country would vote against the European project? One wonders what kind of regrets may have been voiced privately on June 24 about those negotiations.

Of course, there is a history to the problem in Germany as well.
The strict new measure comes after a federal court ruled last year that every EU citizen had the right to claim benefits once he or she had resided in Germany for six months.

The ruling sparked fears of “welfare tourism” from countries with a lower standard of living, and angered German municipalities who were already struggling with the financial burden of caring for last year’s record influx of migrants and refugees.

“It’s clear that anyone who lives here, works here and pays their contributions is also entitled to the benefits of our social system,” said Labour Minister Andrea Nahles after the cabinet adopted the legislation.

But for those “who have never worked here and rely on state financial aid to survive, the principle applies that they should claim livelihood benefits from their home country.”
Interestingly and annoyingly for the Remain camp,
A European Court of Justice legal adviser said on Tuesday that Germany may refuse nationals of other Member States ‘social security benefits for jobseekers who are in need of assistance, on the basis of a general criterion that demonstrates the absence of a genuine link with the host Member State,
So there we are. I can be done or that is what it looks like at the moment. But it is all too late for the Remainers. Perhaps they should turn their attention to matters such as this instead of trying to overturn the results of the referendum.


  1. Helen, Is this really just more support for the idea that Germany can re-write the rules as they choose, when it suits them to do so. That's certainly one spin that can be put on it. Viewed in that light it is actually more reason for us to leave.

    Brexit is undoubtedly a blow for them; the project no longer looks invincible. They must regret not throwing Cameron some more bones, but I suspect Cameron wasn't exactly the best of negotiators either.

  2. I'm not convinced (yet) that it can be done.

    Or at least, that it can be done if you're not Germany.

    And remember that this law might yet be struck down by the ECJ.

    Any such law proposed by Cameron (as if he would!) would, I am pretty sure, have received very short shrift indeed.