Cllr Jonathan Bishop LLM

8 Heol-y-Parc
Efail Isaf
Pontypridd
Wales
CF38 1AN
Phone: 07092 107212
Email: jonathan@jonathanbishop.eu
Tuesday 26 April 2011

Dear Owen,
Thank for proving me with a copy of the correspondence from Damien Green MP, the Minister for
immigration.
The tone of Mr Greens letter to a European Dreamer like myself with a Master of Laws in European
Union Law is offensive. For instance he implies that the Government only wishes to allow nationals
of other nations to come here if they in turn benefit our economy.
Article 26(2) of the EU Treaty states quite clearly, The internal market shall comprise an area
without internal frontiers in which the free movement of goods, persons, services and capital is
ensured in accordance with the provisions of the Treaties.
By virtue of this Government policy should reflect the values that Citizens of the EU should be able
to take up these rights at any opportunity with no restrictions. I for instance do have difficulties
taking up all these rights due to there not being a harmonised health and social security system with
payments being made by country of origin. Nor can I do it on the basis of mutual recognition of
assessments. The absence of these make it difficult for me as a disabled person to locate to another
part of the EU as freely as others without a disability.
Mr Green refers to Directive 2004/58/EC, which in the preamble states; Persons exercising their
right of residence should not, however, become an unreasonable burden on the social assistance
system of the host Member State during an initial period of residence.
This is in effect saying that I am not welcome in any EU country outside of UK. We need a common
health/social security system, where for example those UK Nationals in another EU country pay UK
National Insurance on top of the local income tax so that they can use the public health insurance
we have in the UK (i.e. the NHS) overseas, as well as our public social insurance (i.e. DWP Schemes
like Access to Work) to support them abroad.
I would be grateful if Mr Green could raise my concerns with the other Ministers in the Council of
Ministers, where enhanced co-operation can be used if necessary so that disabled workers like
myself, needing h significant amount of help from public health/social insurance schemes will be
able to take up the freedom of movement rights others are able to enjoy with fewer barriers.
For avoidance of doubt, Mr Green may wish to note that legal bases under the EU Treaty exist for
mutual recognition of different Member States' public/private/people health/social insurance
schemes in other Member States, as well as harmonisation.

A perfect example was proposal on the application of patients' rights in cross-border healthcare
(COM(2008) 414 final). This suggests Article 114 (ex 95) to harmonise the internal market, and
Article168 (ex 152) on protecting public health. Also Articles 21 (ex 18) on social security and social
protection and the Articles under Title III on enhanced cooperation would be my preference.
I would be grateful Owen, if you could pass my comments back on to Mr Green. I feel it is wrong that
policies are often more on a basis of protectionism than on the basis of helping everyone take up
their rights to free movement in the EU regardless of frontiers, and taking into account their
protected characteristics, like disability.
I believe my help under Access to Work, Tax Credits, Social Services, free prescriptions, and Disability
Living Allowance should be made available to me wherever if the EU I wish to go without having to
be subject to an alien social/health insurance scheme.
Sincerely,
Cllr Jonathan Bishop LLM