Rights of EU Nationals

Lord Clarke of Nottingham Excerpts

Wednesday 19th October 2016 Commons Chamber

[Joanna Cherry]

I could not agree more with my hon. Friend.

[Mr Kenneth Clarke (Rushcliffe) (Con)]

rose—

[Stephen Timms (East Ham) (Lab)]

rose—

[Joanna Cherry]

I am now going to try to make some progress, as I have taken a lot of interventions. I will be very happy to put Government Members right on a few points later, but at this stage I want to make some progress.

We would not expect the 1.2 million UK citizens who live in other EU countries to be treated as bargaining chips, and we would not expect the Governments of other EU countries to preside over a shocking rise in xenophobic hate crime, so the UK Government must accept their share of responsibility for what is going on in this country at the moment and stop fuelling division.

[Mr Clarke]

I entirely share the hon. and learned Lady’s sentiment that we all want to reassure people who are here, so we must be careful not to arouse a sense of insecurity among them. I do not know of any Member of this House in any party who wishes to remove EU nationals who are now lawfully here and making their lives here. I have never met a European politician from any country—I have met quite a lot of them—who wishes to remove British nationals who have settled down there, as the hon. Member for Central Ayrshire (Dr Whitford) pointed out. We are having a rather artificial debate here. Would it not be best if this were all sorted out at the summit tomorrow, with the leaders quickly agreeing among themselves that neither side would seek, in any negotiations, to remove nationals lawfully living in their respective territories?

[Joanna Cherry]

I always listen to the right hon. and learned Gentleman with great care, because he has made an amazing contribution to the debate about the European Union over the years. However, this is not an artificial debate. I hate to disillusion him, but a Conservative and Unionist party colleague of his in Scotland, a Member of the Scottish Parliament, suggested recently in a press release sanctioned by the Conservative and Unionist party that EU citizens living in Scotland should not have the same right to participate in civil society as others—for the record, that person was referring to a French national who lives in Scotland and was previously a Member of the Scottish Parliament—so it is a very real concern.

--- Later in debate ---

[Mr Goodwill]

Let me make a little progress, if I may.

I want to make it absolutely clear that the Government have also been clear that the timeframe for resolving this issue is to address it as part of a wider negotiation on the UK’s exit from the EU, to ensure the fair treatment of British citizens—including those from Scotland, by the way—living in other EU countries. Over 1 million British citizens have built their lives elsewhere in Europe, and they are counting on us to secure their future. We simply want a fair deal for EU nationals in the UK and British citizens in the EU. That is a sensible approach, and it is the one we will take. As the House is aware, the Government have committed to invoking article 50 by the end of March 2017, once they have clear objectives for the Brexit negotiations.

[Mr Kenneth Clarke]

This is becoming increasingly baffling to me, I am afraid. I understand that the Minister is proposing to ask us to vote against the motion, but what he has just said confirms that the motion coincides exactly with the committed aim of the Government, which is to seek to ensure that all EU nationals who are living and working here now can be reassured about their status. If we let the motion go through, the chances of some proposal from the continent that British nationals should be expelled is almost nil. Of course we might have to revisit the thing, but even then we would not want to take reprisals against wholly innocent people who are contributing to our economy here. Should we not get on to the next motion and stop splitting hairs in this way, given that we are all agreed on the objectives?

[Mr Goodwill]

My right hon. and learned Friend has made a perfectly reasonable point. The only problem that the Government have with the motion is that it does not go far enough, in that it does not include the rights of British citizens living in other EU member states, which we would demand to be protected in return. It is impossible for us to support the motion, because that reassurance is not contained in it.

I fully appreciate the importance of giving certainty to EU citizens who have built a life here in the United Kingdom. As I have already said, they should be reassured that we are working on the basis that we want to protect those people’s status in UK law beyond the point at which we leave the EU.

--- Later in debate ---

[Keith Vaz]

The hon. Lady, who made a powerful speech, is right. It is possible for us to take that position, and the position of the other EU countries is also clear because nobody has said that they want to do any damage to British citizens abroad, so we can show leadership by saying what the deal is. That would clear the matter up immediately.

The problem with putting the matter into the negotiations is the disparity of numbers. There are 1.2 million British citizens in the EU and 3 million EU citizens here. We do not want people to say as part of the negotiations that we will have absolute parity of numbers. That is what worries me.

The Minister nods. He will have the chance when he winds up the debate to state that there will be no question of our saying to the other EU countries that we will allow only 1.2 million people to stay. That is why it is far better to be clear about the rights of EU citizens now than to wait until the end of the negotiations.

There are three possible cut-off dates: 23 June, the date of the referendum; 31 March 2017; and 31 March 2019. I favour the date of the referendum, because it is absolutely clear. Others may favour the date that we actually leave the EU, but the point is that we are making a mess of our immigration policy if we keep negotiating in this way. We need absolute clarity, particularly on immigration. The Government are worried that if they wait until 31 March 2019, there will be a spike in EU citizens coming to this country before we exit in order to secure the right to stay here. When the Minister comes to wind up, I hope that he will give us the figures for how many EU nationals have actually come to Britain. In fact, many are so worried that they are considering leaving our country because they simply do not know where they stand.

The right hon. and learned Member for Rushcliffe (Mr Clarke) asked the SNP whether it was necessary to keep bringing this debate to the House when the matter is actually all settled. I am sure that it is settled in his mind and my mind, but it is not settled in Government policy. However, we can have a settled Government policy. We just heard an excellent statement from the Immigration Minister that EU citizens who are studying in our country will be allowed to remain and get the support that they have had in the past. If a Minister can come to the Dispatch Box and make a clear statement of that kind to reassure EU nationals who are studying here, it is simple for the Under-Secretary of State for Exiting the European Union to get up and make exactly the same statement about EU nationals who are resident here. The fact that the SNP included the word “should” in its motion should not stop the Government supporting it. They had the opportunity to enter into negotiations with the SNP, as we saw last week when they avoided another vote, which everyone thought was going to happen but which did not happen, thanks to the position taken by the Government. If we are trying to ensure that the fears of EU nationals are put to one side and that EU nationals are reassured, we can easily make such a statement today.

My next point relates to the right hon. Member for Forest of Dean (Mr Harper), a former Immigration Minister, who said in his intervention on the current Immigration Minister that we would also consider the matter of EU nationals in our prisons as part of the negotiations. That is news to me. I did not realise that that was going to be part of the negotiations. Over the past 10 years, successive Governments have been trying to send EU citizens back. They constitute 10% of the entire prison population and we have not been able to move them out. Are we suggesting that we will put the question of EU citizens in our prisons into the negotiating pot as part of the deal for allowing EU citizens to remain here?

[Mr Kenneth Clarke]

We have an EU agreement whereby all EU Governments agree that they will exchange prisoners, so the current legal position allows that to happen. The problems that have stopped that happening are largely logistical and rather wrapped up in the bureaucracy of the Interior Ministries of different countries. At the moment we have reciprocal agreements, and EU countries have agreed to accept their own nationals to complete their sentence in their own country if they are returned as prisoners from other countries.