§ Lord Stoddart of Swindonasked Her Majesty's Government:
In relation to the arrival in the United Kingdom of any person holding a valid passport of a member state of the European Union, what is the current basis of any provision whereby entry can be postponed or denied, together with any similar provision within the European Constitution. [HL1108]
§ Baroness Scotland of AsthalEC Council Directive 68/360 provides that an EU national must be admitted to the United Kingdom on production of a valid passport or identity card. Article 39 of the EC Treaty and EC Council Directive 64/221 allows the United Kingdom to derogate from this if there is reason to believe that an EU national poses a threat to public policy, public security or public health.
Article 111-133 of the European Constitution contains the same public policy, public security and public health derogation to that which is contained in Article 39 of the EC Treaty.