Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Debate between Baroness Bull and Baroness Hooper

Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Wednesday 9th September 2020 Lords Chamber

[Baroness Bull (CB)]

My Lords, while I associate myself with all the amendments in the group, I rise to speak in support of Amendment 69 and thank the noble Lord, Lord Clement-Jones, for introducing it so comprehensively. In the UK’s creative sector we have something that really can claim to be world-leading. As we have heard, the sector makes a significant contribution to the UK’s GVA, to employment and to services exports. Also, unlike many parts of industry, this sector has for some years been growing in every region of the UK. Therefore, in addition to its considerable contribution to the UK’s cultural, social and economic well-being, the creative sector can play an important role in the Government’s levelling-up agenda.

Yet it is a sector at risk, because its success has been built over the last three decades or more on the four freedoms enabled by membership of the EU, with ease of mobility the freedom most highly prized by artists and cultural organisations. I worked in this sector for over 30 years as artist, producer, commissioner, manager and director, and I lived the benefits of that mobility. It enabled me to develop my artistry and skills within different environments and in front of different audiences, to build valuable creative networks, to be challenged and inspired by artists trained in different ways, and to innovate in the spaces where different voices, values and views come together. The UK’s artistic and cultural success has been underpinned by these easy interactions across borders.

That success has also been underpinned by ease of access to talent from our nearest neighbours. A quarter of the occupations on the tier 2 shortage occupation list are in the cultural and creative industries. In the most economically productive areas of the sector, domestic skills gaps mean that 30% of staff have been recruited from the EU, while EU workers fill gaps in less lucrative subsectors like my own—dance—and museums. The skills gap is so pronounced and so specialist that, even had we started on the day after the referendum, we would still not have been able to train up a homegrown workforce to fill the gap by the time the current supply route closes down.

We have heard repeatedly that this new points-based system will allow access to so-called high-skilled workers and the brightest and the best. This amendment creates an obligation on government not only to test that assertion but also to test the impact on the bright young talents of the future. According to the latest report from the Migration Advisory Committee, several creative and artistic jobs may be deemed “high-skill, low-pay occupations”—something you do not really need to tell me. Many young artists like me do not train at universities, let alone go on to the postgraduate qualifications that would earn us an additional 10 points, and our salary levels are certainly not a proxy for our skills.

Given this, emerging artists are unlikely to accrue the necessary points for entry. I have known several dancers from EU countries who took jobs at the bottom of the ladder at basic salaries, spoke little English and certainly had no PhD, but we had the privilege and the pleasure of watching them develop from promising talent to international superstar, becoming valuable agents of soft power for the UK and, in some cases, achieving the status of national treasure. However, if they were applying for entry next year, I am not sure that they would notch up the crucial 70 points that they would require.

The Government have also been clear that they do not intend to create an immigration route for the self-employed. The creative workforce is 38% freelance and we have heard, over and over again, in this Chamber about the critical role freelancers play in the cultural ecology. The Creative Industries Federation has said that:

“Given the project … based nature of our sector”


and its scale, bringing the route for temporary workers from the EU in line with rules currently applying to non-EEA nationals will be,

“hugely damaging for the creative industries … 95% of creative businesses employ fewer than 10 people”.

These businesses are reliant on specialist temporary workers to provide essential services on an occasional basis, often at very short notice. As the cost for each individual temporary worker’s visa is likely to be over £200, the financial and administrative burden this presents could be overwhelming.

An Arts Council survey of almost 1,000 stakeholders found that the top priority for arts organisations, post Brexit, was to ensure the continuity of short-term mobility between the UK and the EU. This was even more important to them than replacing EU funding, even though this has been worth approximately £40 million each year.

In leaving the EU, we are leaving behind our automatic right to work across borders. That was our decision, and the curtain has fallen on that particular debate. This amendment would shine a spotlight on the impact of this decision on one of the UK’s most productive and successful sectors and help ensure we do all we can to sustain and enhance its success into the future. As someone whose career owes so much to that easy and reciprocal mobility, it was a pleasure and indeed an obligation to put my name to this amendment.

[Baroness Hooper (Con)]

My Lords, I too have considerable sympathy with all the amendments in this grouping. However, I am happy to follow the right reverend Prelate the Bishop of Durham, as a co-mover of Amendment 97, and will confine my remarks to that new clause. This is, as the right reverend Prelate had said, a probing amendment. We hope that the Government can use this debate to clarify the next steps and perhaps give us some idea of a timetable.

I appreciate that the definition of faith communities may give us some difficulties but, as a Roman Catholic, I wish to present some of the challenges facing the Catholic Church in relation to the changes being introduced in this Bill. The Catholic Church is, after all, a very international body. Movement between different countries within religious orders, and for educational and other purposes, is an integral part of that internationalism.

In the course of preparing my brief for this debate, I have learnt a lot about the various categories of visas, something I was previously unaware of. I can fully appreciate what a struggle it is to cope with all the requirements. As the right reverend Prelate has said, most Catholic diocese have previously used tier 5 religious worker visas, for the reasons that he stated. Supply placements are essential, as they allow us to continue attending mass, while also keeping parish activities running smoothly. The new requirement, introduced in 2019, was for anybody who was preaching to use tier 2 minister of religion visas. That has more than doubled the cost incurred by parishes arranging supply cover. For some parishes, this is unsustainable and that of course compromises people’s opportunity to practise their faith.

Furthermore, seminaries that conduct formation in English are not necessarily recognised by the Home Office as meeting the English language requirement under the tier 2 route. This means that many priests, who may have been educated to postgraduate level in English, are nevertheless required to take a language test, with extra logistical and cost implications. Unless some changes are made, the situation will of course be further aggravated as a result of the end of free movement following Brexit. Priests coming from European Union countries to provide supply cover will now also be subject to the same regime.

This new clause is intended to give the Government the opportunity to keep Parliament informed, and I look forward to hearing from the Minister about government thinking on this issue.