§ Sir Teddy TaylorTo ask the Secretary of State for the Home Department what assessment he has made of the implications of the Janyv. Staatsecretaris van Justitie case of the European Court of Justice Case C 268/99 published on 11 December, with particular reference to (a) the implication of access to the United Kingdom of prostitutes from Poland and Czech Republic and Slovakia and (b) the implications of right of establishment under Article 43 of the Treaty. [24286]
§ Angela EagleThis ruling, along with the cases of Gloszczuk, Kondova, Barkoci and Malik, was welcomed by the United Kingdom Government. A detailed assessment of its implications is being made but our view is that the United Kingdom can continue to apply its Immigration Rules in such cases (paragraphs 211–223 of HC 395). Importantly, the rulings support our view that those here illegally cannot benefit from the association agreements.
The provisions on self-establishment in the association agreements are subject to limitations justified on the ground of public policy. A member state is entitled to rely on the public policy limitation in relation to those seeking to establish themselves in its territory under the agreements as self-employed prostitutes where that member state has adopted measures designed to combat prostitution carried out by its own nations.
898WLiving off immoral earnings (pimping) and soliciting for prostitution are criminal offences under United Kingdom law and will continue to be prosecutable by the courts regardless of the nationality of the prostitute in question. We will rely on the public policy limitation to prevent Polish, Czech or Slovak nationals from establishing themselves as self-employed prostitutes in the United Kingdom under the association agreements.
The right of establishment under the Article 43 of the EC Treaty is effected by EC Council Directive 73/148, which deals with the abolition of restrictions on movement and residence within the EU for nationals of member states with regard to establishment and the provision of services. Article 8 of that directive allows member states to derogate from the provisions of the directive on the grounds of public policy. We would seek to rely on that provision should a national of a member state seek to enter or live in the United Kingdom as a prostitute.