UK-EU Relationship (European Affairs Committee Report)

Earl of Clancarty Excerpts

Wednesday 20th September 2023 Lords Chamber

[The Earl of Clancarty (CB)]

My Lords, there were various reasons on both sides why people voted the way they did in 2016. My main personal reason at the time was to protect freedom of movement, in particular the right of young British citizens to be able to move freely across their own continent and live, study and work there without hindrance, as the noble Baroness, Lady Bennett, talked about. We have lost that freedom—although that loss was not a given and could have been avoided, even while leaving the EU. Of course, it is a loss that affects not just young people but people of all ages: students, workers and retirees who have wanted to spend their latter years in Spain or France, for example, many of whom voted for Brexit.

While important for UK citizens, that movement has been vastly overshadowed in the media by movement in the other direction. This report, so ably introduced by my noble friend Lord Kinnoull, is a very helpful corrective to that media bias by looking at both inward and outward movement. The chapter on mobility notes that in 2019, the last pre-Covid year when the UK was a member of the EU, 4.8 million UK nationals visited the EU for work purposes. We have made constructive use of this benefit, which many on the continent understand today less as a benefit and more as a democratic right.

The importance of freedom of movement within Europe to our service and creative industries cannot be overestimated. The TCA was, in effect, a no deal for these industries. The report says that Deborah Annetts, chief executive of the Independent Society of Musicians, referred to by my noble friend Lady Bull, described post-Brexit arrangements as an “unmitigated disaster” for the music industry. It also quotes her as saying that

“musicians are telling us that it is simply economically not viable to tour into the EU anymore”.

The current feeling of the music industry—indeed, the arts as a whole—is one of frustration, of the sense of a Government dragging their feet on facing up to a litany of Brexit-related concerns: on visas and the need for a visa waiver or cultural touring agreement with the EU; on work permits; on the cost of carnets; on musical instruments and cabotage, where exemptions need to be urgently negotiated; on costs and red tape around merchandise, which is so important for up-and-coming bands; on making Eurostar St Pancras a CITES-designated port, which so far the Government have refused to do; on the 90 in 180 day limit. Vision engineer Tim Brennan of Carry on Touring tweeted this month to the Prime Minister, as one can:

“I’m out on tour at the moment in the EU, building the LED screens for a gig. After my next tour I will have run out of Schengen allowance. Who do I send the invoice to for the following 90 days that I’m unable to work”.


Other areas of the creative industries are also affected, including the visual arts, as this excellent and detailed report points out. Recently, an artist said to me that Brexit has turned her and other artists unrepresented by galleries into smugglers: unwilling smugglers of their own work when they transport it for exhibition in Europe, since the costs and red tape of declaring themselves as exhibiting artists would be prohibitive. As I am sure the Minister agrees, this is a truly absurd situation. Even the noble Lord, Lord Frost, who is not in his place but whose ears must be burning this evening, said in his Zürich Churchill lecture in 2020:

“We should take another look at mobility issues”.


A few weeks ago I had the experience of helping my daughter obtain a visa to study in France, starting this year. I know at first hand how difficult, time consuming, expensive and frankly off-putting that process is, and will be even more so for less privileged members of society.

On the subject of visas, while rejoining Horizon was very good news for scientific co-operation, the fact remains that, as long as we are outside the single market, UK scientists will always be at a disadvantage to our European counterparts, who enjoy free movement with each other. In music and the other arts too, there are finite barriers for young UK musicians or performers unable to obtain a permanent post in Europe as part of an accepted career path because those positions are advertised only for EEA passport holders. It is very difficult indeed to see how we can get over that, other than by rejoining the single market. Even with the best will in the world, which we seem still not to have, despite the thawing in UK-EU relations that the noble Lord, Lord Hannay, indicated, there will nevertheless be a limit to what can be achieved in the longer term. My own hope is that, say, two years into a Labour Government, Keir Starmer will turn to the people of this country and say, “Well, I tried to make Brexit work”.

UK and EU Relations

Earl of Clancarty Excerpts

Thursday 24th June 2021 Lords Chamber

[Lord Frost (Con)]

My Lords, when one observes the situation in Northern Ireland, there is a clear sense in one community that ties with the rest of the UK risk being weakened. That has the political consequences with which we are very familiar. The situation needs to be dealt with. Consent is extremely important. We recognise the issues of democratic accountability, which is why—unusually—we built arrangements for consent into the protocol. The whole protocol depends on consent. If there are clear doubts about it in either community, in practice it will be very difficult to operate, which is why it is so important to come together to find pragmatic solutions.

[The Earl of Clancarty (CB)]

My Lords, the ability of the arts to work across Europe is an aspect of good relations. The agreements with EEA countries represent a small part of the market for the performing arts. The desire of the music industry for us to have a bespoke visa waiver agreement with the EU remains paramount. Has the Minister seen the agreement which the industry has carefully drafted, and which does not break the commitment to take back control of our borders? If so, will he consider taking this agreement to the EU? I am sure that it would be receptive.

[Lord Frost (Con)]

My Lords, in the negotiations last year we made proposals to try to fix the problems to which the noble Earl refers. They were rejected by the European Union. We were able to agree better arrangements in negotiations with the EEA—with Norway, Liechtenstein and Iceland—which is an indication of what could have been possible. I have seen the proposal for a visa waiver agreement. I do not think it consistent with our requirement to retain discretion over our own immigration arrangements. We are actively working with all the member states to find solutions in how they operate their visas for touring performers to see if we can reduce the burdens that way.

UK-EU Trade

Earl of Clancarty Excerpts

Thursday 18th March 2021 Lords Chamber

[Lord Frost (Con)]

My Lords, it is true that there have been some problems and some overzealous enforcement in isolated cases, which have been well publicised. However, I take this opportunity to say that generally the European authorities have been very supportive and pragmatic in the way they have dealt with issues at the border, and we welcome that fact. Operational co-operation with member states, in particular our closest neighbours, has been excellent.

[The Earl of Clancarty (CB)]

My Lords, the Minister will be aware of the huge problems in relation to work in Europe confronting our valuable music sector. Jobs have already been lost and tours cancelled as a result of the lack of suitable arrangements in the TCA. Is the Minister aware that the main ask of the performing arts is for a separate, bespoke visa waiver agreement, which would go a long way to resolving key concerns? Will he promise to discuss such an agreement with Maroš Šefčovič at the earliest opportunity?

[Lord Frost (Con)]

My Lords, the Government of course recognise the importance of the UK’s cultural industries. We made proposals during the negotiations last year that would have allowed musicians to travel and perform in the UK and the EU more easily without work permits. They were rejected by the European Union. Now that negotiations are over, we are working with the sector to help it adjust to this new relationship. We have a working group with industry representatives which is feeding into our process. We are of course discussing a range of issues with Maroš Šefčovič as regards the implementation of the TCA.

Budget Statement

Earl of Clancarty Excerpts

Friday 12th March 2021 Lords Chamber

[The Earl of Clancarty (CB)]

My Lords, I too congratulate noble Lords on their maiden speeches.

The arts and creative industries are worth over £116 billion a year and second only to financial services in their value to the UK’s economy, in the traditional sense. However, the value of these industries can also be understood in relation to other economies: creative capital, the cultural landscape, the social economy, the economy of health and well-being, and that of soft power, which is rarely measured but highly valued by Governments. However, there is now a double threat to these industries from Covid and Brexit, and, in the long run, Brexit is the greater threat.

Most immediately, the sector is grateful for the extra money and for extensions to the JRS and SEISS, but there are still many self-employed people who continue to fall through gaps in support. Will the Government ensure, as Wales has done, that money from the Culture Recovery Fund will go to freelance artists? Will they introduce their own insurance, as they have done for film and TV, to help the return of performance? Some festivals have decided that they cannot risk going ahead, but UK Music has estimated that a £650 million fund would allow £2 billion-worth of events. Will the Government introduce a new tax relief—similar to the successful theatre tax relief, as the ISM proposes—for live music, touring and new work, beyond the relief which already exists in part for orchestras?

Before Covid, the biggest crisis in arts and cultural funding was that for local and regional museums, libraries and venues, including theatres, whose essential support from local authorities has been cut to the bone over many years. Covid has exacerbated that. That is not due to poor management, as Community Secretary Robert Jenrick has said; it is a step-by-step withdrawal of central government support from local authorities, support that should be applied equally and fairly across the country.

Economic Update

Earl of Clancarty Excerpts

Tuesday 12th January 2021 Lords Chamber

[Lord Agnew of Oulton (Con) [V]]

My Lords, the Government are acutely aware of the challenging circumstances aviation is facing. The sector is able to draw on the unprecedented package of measures announced by the Chancellor, including schemes to raise capital, flexibilities with tax bills and the furlough scheme. The Government have committed to consult on aviation tax reform and will provide an update on the timing of this in due course.

[The Earl of Clancarty (CB)]

My Lords, in answer to a question I asked last week in this House, I was told that the Government were looking at whether the guidance in the Culture Recovery Fund might be changed to enable freelancers to benefit directly, as many freelancers have so far received no support at all. Can the Minister say anything more about this?

[Lord Agnew of Oulton (Con) [V]]

My Lords, I do not have an update on the response that the noble Earl received last week, but we will of course notify the House as soon as any is issued.

European Union (Future Relationship) Bill

Earl of Clancarty Excerpts

3rd reading & 2nd reading & Committee negatived & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords & 3rd reading (Hansard) & 3rd reading (Hansard): House of Lords & Committee negatived (Hansard) & Committee negatived (Hansard): House of Lords
Wednesday 30th December 2020 Lords Chamber

[The Earl of Clancarty (CB)]

My Lords, this is a wretched arrangement for so many. I say “arrangement” rather than “deal” since there is much that the EU offered as part of the deal but which we rejected. My hope for the future is that, over time, we will repair and restore what has been lost.

It is a wretched arrangement for education. It is hugely disappointing that we have lost Erasmus—except in Northern Ireland, where the scheme is to be funded through Dublin. In making that announcement, Ireland’s Minister for Higher Education said that Ireland does not see this

“as a cost but as an investment”—

and rightly so. The principle of cultural exchange, so bound into the ethos of the EU, is intrinsic to that scheme. As the noble Baroness, Lady Coussins, said, the new, less ambitious Turing scheme will not be reciprocal. Like others, I want to see Erasmus back.

It is a wretched arrangement for services. There is no mobility framework, even though this is essential for effective trade in services with the rest of Europe. In respect of the creative industries, particularly the performing arts, will the Minister clarify what arrangements will be made for short-term work for artists? Can he confirm that musicians and other artists will operate under mode 4 and will be included in the list of exempted independent professionals? Moreover, artists urgently require a long-term visa-free permit valid across the EU that also obviates the necessity for carnets for touring equipment. Will the Government negotiate this? Will the Minister look at the arrangements for independent professionals as they affect IT work, which will be damaging if agencies are excluded from the provision of work, as specified in the agreement, since the majority of such work abroad comes through agencies?

Ultimately, I cannot support an arrangement that does so much damage to British jobs and other opportunities, particularly for young people. To those who believe that it is either this deal or no deal, I say that that is a false dichotomy: one that has been purposely engineered by this Government to an artificial deadline. Far from putting Brexit behind us, Brexit and the different relationship we will have with Europe will help to define the country we live in. I will vote against the Bill.

Spending Review 2020

Earl of Clancarty Excerpts

Thursday 3rd December 2020 Grand Committee

[The Earl of Clancarty (CB)]

My Lords, it is disappointing that the arts are not more acknowledged in the spending review, including their longer-term economic worth. The arts are part of an ecosystem, which includes the currently equally beleaguered hospitality sector, as the Incorporated Society of Musicians pointed out in its response. Can the Minister give more detail on the reference to local arts and culture in the levelling-up fund? Pre Covid, the crisis in arts and cultural funding has primarily been about the cuts to local council grants. According to a recent Fabian Society report, £860 million of arts funding has been lost in the past 10 years in this way—a reduction of 38% since 2009. The £20 million fund for England curiously brackets the arts alongside transport and other projects. Every area should be able to nurture its arts and enable access to them, not be pitted against each other in a bidding war. The cuts to local council funding urgently need to be reversed.

The arts have been grateful for the measures taken to support them during the pandemic, but too many freelancers continue to fall through gaps in support. I welcome the call from the Creative Industries Federation, among others, for a freelance commissioner, and a future work commission. I also support those who call for a creators’ council, which would do a very different job to the Creative Industries Council in presenting their needs directly to Government.

I have questions about the announcement that funding is to be put aside for a UK alternative to Erasmus+ in the DfE settlement if we do not continue to participate in that scheme. Would this be a reciprocal scheme with all the attendant benefits? Would it cover the range of opportunities that Erasmus currently provides—not just for university students, but for schools, teachers, apprentices, sport and more—and which already has the global reach that the UK scheme intends? I hope, that in making this announcement, the Government are not taking their foot off the gas in seeking to remain a programme member of Erasmus+ because it would be a huge loss if we lost that membership.

Wales: Customs Sites

Earl of Clancarty Excerpts

Wednesday 25th November 2020 Lords Chamber

[Lord Agnew of Oulton (Con)]

I can reassure the noble Lord that we have been working on this solution for some time. There was an alternative proposal several months ago that most people were in favour of, which was RAF Mona, but unfortunately that was not acceptable to the local community. But, no, we have not just started work on this this week. In terms of the inland sites, to reassure the noble Lord, not every lorry has to go to them. About 2% of loads will be diverted for formal checks. So, although I accept that in the interim, before the enduring site is created on the island, there will be some inconvenience, it will be only for a very small number of loads.

[The Earl of Clancarty (CB)]

My Lords, following on from the question asked by the noble Lord, Lord Wigley, concerns were raised this month about the readiness of IT systems, including the Customs Declaration Service, in oral evidence to the EU Select Committee’s EU Goods Sub-Committee. Is it the case that key personnel for developing the CDS are still being recruited? Does the Minister agree that, the rest of the UK aside, the particular problems facing Wales will be compounded if IT systems are not ready on time?

[Lord Agnew of Oulton (Con)]

My Lords, the CDS is the system that is being rolled out specifically for Northern Ireland from 1 January, because that is the one that enables a dual-tariff mechanism. The development is well under way. We have one or two more upgrades to make to it, with the last one on 21 December. I am not going to pretend that that is not tight, but the development is moving at pace, and the most recent upgrade enabled the dual-tariff operating model to work. The CSPs—the community service providers that provide the link into the CDS for traders and hauliers—are working at pace. The main one, the Trader Support Service, is working at particular pace, and I am confident that the system will be connected by the due date.

EU: Visa-free Short-term Travel Mobility

Earl of Clancarty Excerpts

Wednesday 21st October 2020 Lords Chamber

Asked by

[The Earl of Clancarty]

To ask Her Majesty’s Government whether they are seeking a reciprocal agreement on visa-free short-term travel mobility in their negotiations for the United Kingdom’s departure from the European Union.

[The Minister of State, Cabinet Office (Lord True) (Con)]

My Lords, both sides have committed to providing visa-free arrangements for tourists and short-term business visitors. The EU will grant UK nationals visa-free access for short-term visits, subject to reciprocity. This means that UK business visitors and tourists would not need a visa when travelling to the Schengen area for short stays of up to 90 days in every 180-day period. We have announced that we will treat EU citizens as non-visa nationals for the purposes of tourism and holidays after the end of the transition period.

[The Earl of Clancarty (CB)]

My Lords, this affects not only tourists but those working in the creative industries, including visual artists, writers and musicians who wish to spend informal extended periods abroad. Do the Government agree that it is deeply unfair that British citizens cannot spend a summer or winter in a European country visa-free—indeed, they cannot return for three months—while Europeans can stay in the UK for up to six months at a time? What plans do the Government have to seek a reciprocal agreement on this, considering that the phrase “at least 90 days” in the EU negotiating document is an open door to further negotiation?

[Lord True (Con)]

My Lords, the noble Earl raises a very important point. The Government certainly recognise the importance of tourism and travel for the creative industries. We set out our position on mode 4 in the approach publication at the start of negotiations and we are committed to seeking protection for exactly the kind of persons the noble Earl refers to.

Economy

Earl of Clancarty Excerpts

Monday 28th September 2020 Lords Chamber

[Lord Agnew of Oulton (Con)]

My Lords, I think that we have published our worst-case scenarios for a no-deal Brexit or leaving the European Union without a free trade agreement. Of course there are risks, but we remain optimistic that a deal will be done.

[The Earl of Clancarty (CB)]

My Lords, “viable” is a dangerous word if all that can be said to be truly viable financially in these unusual times is a prescribed number of businesses, including those making money out of Covid. How do the Government intend to further protect the self-employed—including those working in the creative industries, who will fall off the edge of the cliff at the end of October if the Self-Employment Income Support Scheme is not extended—because the job support scheme is clearly not nearly enough? That includes freelancers, who make up 70% of the workforce in the performing arts, which are so important to this country both culturally and financially in the longer term, as the noble Baroness, Lady Kramer, pointed out.

[Lord Agnew of Oulton (Con)]

I share the noble Earl’s concern about the creative sector. I am sure that he is aware of the support being given under the latest SEISS grant extension, which of course will be available to those who were previously in it. But I do accept that we face difficult times.