Musicians and Creative Professionals: Working in the European Union

Lord Hannay of Chiswick Excerpts

Thursday 7th July 2022 Grand Committee

[Lord Hannay of Chiswick (CB)]

My Lords, my noble friend Lord Clancarty is to be warmly congratulated on the skill, determination and perseverance with which he has brought to the Committee’s attention the damage that has been done to the work of Britain’s creative professionals by both Covid and, more durably, Brexit, as well as the inadequacy of the Government’s response so far on the latter point. This issue has also been taken up by your Lordships’ European Affairs Committee, of which I am a member, in a chain of correspondence which is perhaps best characterised as a dialogue of the deaf.

Britain’s creative professionals make up an important sector of our economy, as a number of noble Lords have emphasised, but they are much more than that. They make a major contribution to wider European culture, of which we remain a crucial part. That damage really matters and remedying it is really important.

The failure of the UK’s trade and co-operation agreement with the EU to make any, let alone adequate, provision for the detailed and complex work of these professionals was clear from the outset. The negotiator of that agreement, the noble Lord, Lord Frost, said in a lecture he gave in Zurich a couple of months ago that he believed the Government had been “too purist” in their approach to the sector and that they should now “try harder”. Does the Minister agree with that analysis and if not, why not?

I am sure that the Minister will tell us a good deal about the Government’s efforts to negotiate bilaterally over access for our creative professionals with the 27 members of the EU, all of which apart from four are, I believe, now covered. But these bilateral arrangements are far from all that is needed to facilitate their work, which often takes them to more than one member state and involves complex issues such as visa waivers, work permits, cabotage and carnets for the instruments carrying vehicles. All these things fall within the scope of the EU as such. What is needed, therefore, are not only those bilateral arrangements, welcome though they are, but action at EU level through the TCA and its pyramid of joint sectoral bodies. Can the Minister say what, if any, action has been and is being taken by the Government to make use of that joint machinery to raise, and if possible to remedy, the problems with which these professionals are faced following Brexit? If the answer is that no such action has been taken or is contemplated, why not?

Two weeks ago, when the Minister of State at the FCDO responsible for our relations with the EU, James Cleverly—now promoted—was giving evidence to the European Affairs Committee, he was asked specifically about these matters. It was suggested that, rather than resting on the outcome of the TCA negotiations when the EU rejected our preferred solution and we rejected its preferred solution, it might be better to explore with the EU other methods of addressing the problems in this sector in the way that the noble Lord, Lord Frost, has suggested. At the end of that exchange, the Minister replied:

“That certainly should not be taken as an unwillingness to revisit it. It is something we can look at.”


Will the Minister say what is being done to look at these matters?

I have one final thought: it would be a tragedy if the problems in this sector were linked in any way with the wider issues that have arisen over Brexit and its implementation. They surely need to be addressed on their own merits. This is a field of activity where those on both sides of the channel have much to gain from freer access for creative professionals and nothing to lose from it. Let us hope that, over time, that can be achieved.

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[The Parliamentary Under-Secretary of State, Department for Digital, Culture, Media and Sport (Lord Parkinson of Whitley Bay) (Con)]

My Lords, I am very grateful to the noble Earl, Lord Clancarty, for raising the vital issue of touring, and I am glad that further time has been provided for the debate. I know that the noble Earl is a great champion of our musicians and creative professionals. I am grateful to him for the meetings we have had about it and for bringing people into the department to discuss these matters directly with me. I am also grateful to all noble Lords who have taken part in today’s debate. I agree with the noble Baroness, Lady Bull, that there has been great harmony in what has been said, and with the final remarks by the noble Baroness, Lady Merron, about the constructive tone that noble Lords have rightly taken.

The UK’s creative and cultural sectors are internationally renowned. They contribute a huge amount to our economy, but also to our culture and our lives more broadly. Touring is a significant part of their work, enabling us to share the best of the UK’s talents with our friends in the European Union and on a wider international stage, as well as all the economic and cultural benefits that touring brings.

The UK has left the European Union, and we recognise that the way in which creative professionals work and tour in the European Union has changed. I know that this, exacerbated by the pandemic, has in recent years caused uncertainty for the sector, which can be particularly challenging for newer or emerging creative professionals, for whom touring is a key part of their development and professional lives. That is why the Government have been working hard to support the touring sectors to clarify arrangements, to help them to adapt where needed, and to explore what we can do, both bilaterally with EU member states and unilaterally, to make touring easier.

Throughout this period, we have remained in close contact with representatives of the sector. My former colleague Julia Lopez, who was Minister of State for Media, Data and Digital Infrastructure, recently attended the eighth meeting of the touring working group and heard feedback directly from the sector on its experience of touring so far this summer, which is of course the first full summer of touring following the lifting of the Covid-19 restrictions. It is clear that some issues remain, but we should also note that, in many areas, arrangements are more workable than is sometimes reported.

Today, I want to discuss both the work that we have done so far and the areas where we can continue to work together to ensure that our excellent creative professionals continue to tour widely, growing their audiences, honing their craft and sharing the joy of the work they produce.

Touring can broadly be categorised by the movement of people, goods and vehicles, so I will address each of those in turn. I turn first to the movement of people. The Government have worked very hard to clarify arrangements across the member states of the EU that are principally responsible for deciding the rules governing what work UK visitors can undertake there. Our engagement so far has resulted in the confirmation that almost all EU member states offer visa-free and work permit-free routes for musicians and other creative professionals, many for up to 90 days, including major touring markets such as France, Germany and Italy.

Where visa-free and work permit-free routes were not initially available, we worked hard, in collaboration with the sector, to encourage easements, which I am pleased to say has resulted in a further two member states—Spain, and most recently Greece, as the noble Earl mentioned—taking unilateral action to enable UK creative professionals to perform and tour visa-free. This is a happy outcome and testament to the success that can be achieved when the Government and the industry combine their voices.

I recognise that the situation for touring has changed since we left the European Union and that this has required adaptation, but it is important to recognise that these visa-free and permit-free routes exist. As definitions can vary, travellers should check the specific requirements before travelling. We are aware that, in the period immediately following our departure from the EU, much of the information that was available from member states online led to confusion in the sector. That is why we engaged with those member states, and I am pleased to say that our engagement has resulted in a number of them amending their online guidance to provide further clarity. We have also published enhanced guidance on the UK Government’s website, GOV.UK, to support British nationals, including creative and cultural professionals, to navigate the new arrangements. We have worked closely with representatives of the sector through the touring working group, and have shared details with it directly as we receive new information from member states.

This means that there are now only three member states—Portugal, Malta and Cyprus—that do not offer visa-free and work permit-free touring. We have engaged with these remaining member states extensively, using the diplomatic means at our disposal. Most recently, the Minister for Europe, my right honourable friend James Cleverly—now the Education Secretary, as noted by the noble Lord, Lord Hannay—met the Portuguese ambassador to the United Kingdom and raised the importance of touring with him.

We should acknowledge that, ultimately, it is up to member states to align their requirements more closely with the UK’s generous rules to enable them to enjoy the cultural and economic benefits of visa-free and work permit-free touring. As the noble Baroness, Lady Merron, said, it is to their benefit as well.

On the movement of goods, there are new requirements related to ATA carnets, the movement of merchandise and the movement of instruments made from protected materials, as was raised by the noble Earl, Lord Clancarty. These again have required adaptation, and we have worked across government to provide the information and clarity needed. ATA carnets are not new to touring, and have previously been required when travelling beyond the European Union, such as through Switzerland. This is a case of adaptation. Where a carnet is required, it is a single document that can be used for multiple items, as many times as required, in approximately 80 countries around the world, over a 12-month period.

Most significantly, we have confirmed that portable musical instruments, accompanied by their owner, can be transported cost-free and should not require a carnet. I am aware that there have been some issues, such as inconsistent enforcement of these rules in certain member states and challenges regarding the commercial policies of transport operators. Where these issues have arisen, we have worked urgently with colleagues across government and the creative sector, as well as with transport operators and the relevant member states, to address them. If noble Lords are aware of issues, I am always happy to receive information, so that we can continue to follow them up swiftly. Similarly, the EU’s rules state that each individual is able to take up to €1,000-worth of merchandise, with a total weight of 1,000 kilograms or less, into the European Union to sell on tour without paying EU customs duties.

The noble Earl asked about the designation of St Pancras as a CITES port. We have been engaging with the sector on this and I am grateful to the Musicians’ Union, the Incorporated Society of Musicians and the Association of British Orchestras for providing some detailed information at the end of May to inform that work and those discussions. The number of CITES ports has already increased from 24 to 36. Thanks to the information provided by the sector, discussions are taking place now between Defra and Border Force. We will continue to engage closely with the sector and keep it up to date on progress, as well as continuing to listen for whether there are clear steps we can take to support our musicians to tour, this summer and beyond.

The noble Earl also asked about the CITES COP meeting which takes place in Panama, in November. We are indeed preparing for that meeting and will consider any proposal put forward to extend the duration of musical instrument certificates. In principle, that would certainly seem sensible, but of course we will need time to look at the particulars of what is put forward, along with the other proposals advanced ahead of the COP meeting.

I know that much focus of recent discussion about touring understandably revolves around the challenges that new rules pose to the movement of vehicles and the impact on the UK’s specialist haulage industry. It is worth reiterating that during negotiations on the trade and co-operation agreement we proposed specific market access rules for specialist hauliers carrying out tours for cultural events, but the EU did not agree to this. I agree with the noble Baroness, Lady Bull, that it is important that we focus on the future and on practical steps we can take to advance solutions.

To address these challenges, the Government have engaged extensively with the specialist haulage industry, including via a public consultation earlier this year on support for specialist events hauliers working on cross-border tours. As a result of this engagement, the Department for Transport is currently working on the implementation of dual registration to enable it to come into force this summer, with an interim measure in place in the meantime. Dual registration will enable operators who establish a UK and EU base temporarily to transfer their EU-registered vehicles to their GB operator’s licence, enabling full UK and EU single market access rights, without swapping vehicles. I do not wish to suggest that this measure will address all the challenges faced by the specialist haulage industry, as noble Lords rightly point out, but it is again important to recognise that this step is being taken.

I mentioned earlier that we appreciate that some of the new requirements are a particular concern for newer and emerging artists, as the noble Viscount, Lord Stansgate, rightly stressed. I know that the sector was therefore pleased to get confirmation that splitter vans, carrying both equipment and up to nine passengers, do not fall in the scope of the trade and co-operation agreement market access rules regarding cabotage and cross trade, and instead are subject to member state law.

I turn to the range of wider support that Her Majesty’s Government provide to our excellent creative and cultural industries. To help artists navigate the new requirements, we have developed creative sector-specific landing pages on the GOV.UK website, providing relevant guidance for people touring the European Union. We continue to support our music sector through a range of export support programmes, such as the music export growth scheme and the international showcase fund. Creative businesses in England can also access the internationalisation fund, which provides matching grants for export support, including attendance at trade shows. We also launched the export support service last year, through which UK businesses, including touring professionals, can get online and telephone support to answer practical questions about exporting to Europe. We want to do everything that we can to maintain and strengthen the international reach and reputation of our creative workers, who support us to be a truly global Britain.

The right reverend Prelate the Bishop of Manchester asked about support for regional arts organisations. My noble friend Lady Fleet referred to the national plan for music education, which reiterated our commitment to music hubs, with £79 million per annum to support them in their work around the country. The current national portfolio round of funding from the Arts Council reflects the Government’s instruction to make sure that that taxpayer subsidy is spent more equitably and fairly around the country. Presently, £21 per capita of funding is spent in the capital compared to £6 per capita outside; we have asked that that gap be closed.

I would be very happy to meet the right reverend Prelate and other colleagues from the Church of England to talk about church music specifically. It would be remiss of me not to mention my visit to Lincoln Cathedral—particularly noting the presence of my noble friend Lord Cormack and the noble Baroness, Lady Merron—where I heard the joyful music at evensong. I would certainly be delighted to attend the launch of the All-Party Parliamentary Group on Music’s report on 19 July if my diary allows.

[Lord Hannay of Chiswick (CB)]

The Minister may be drawing to a close since he has gone past his time, but he has managed, quite brilliantly, to fail to answer any of the questions that I put to him. I would be grateful to have responses. He has spoken about bilateral and unilateral action, but could he not just put a clove of garlic around his neck and tiptoe into the TCA machinery? This was raised by a large number of speakers. If that is coming, it will be very welcome.

[Lord Parkinson of Whitley Bay (Con)]

I was watching the clock, but my response to the noble Lord was on the very next page of my notes. I was just about to mention the comments of my noble friend Lord Moynihan in relation to winter sports. I will certainly write to him with an update after discussing that with my honourable friend Nigel Huddleston, his successor as Sports Minister.

The noble Lord, Lord Hannay, asked about the views of my noble friend Lord Frost in relation to the TCA. I did indeed read his comments in Zurich with interest. I know that my noble friend devotes many of his considerable talents to thoughts for the future—not always in relation to your Lordships’ House. I look forward to hearing his further thoughts on this topic, particularly as he knows far more than anybody what was discussed and the way it was discussed in our negotiations with the EU.

It is important to note that, during the negotiations, the EU tabled text regarding the paid activities which can be conducted without a visa. The proposals would not have addressed the concerns from the sector: they were non-binding, they did not include touring or technical staff, and they did not address work permits. However, as the noble Baroness, Lady Bull, invited me to, I want to keep my comments focused on the future and on practical steps.

We recognise that our departure from the EU has meant a change for touring professionals, as it has for people in other areas of the economy. The Department for Digital, Culture, Media and Sport and the Government as a whole have worked very hard to support them and will continue to do so. The UK music industry is one of our great national assets and the Government will back it every step of the way.

I am very glad that my noble friend Lady Fleet was here to talk about the work we are doing through the national plan for music education, the £25 million we are providing for school instruments and equipment, and the progress fund which will enable more people from a diverse range of backgrounds to forge careers in our music sector.

Later today, I am meeting UK Music. I was pleased to meet the All-Party Parliamentary Jazz Appreciation Group and hand out awards at its annual awards ceremony, where I talked to people from the jazz music sector. I am always grateful for opportunities to meet representatives of the sector to hear what we can do to support it.

Across the movement of people, goods and vehicles, we have engaged consistently and extensively to clarify arrangements and help people adapt. We know that this summer is the first full summer of touring since the pandemic, and we will engage particularly to make sure that we are hearing from people who are on the ground and touring, so that we can follow up where issues remain. We want to do that and get it right for the sake of our economy, for the sake of our shared culture and for the far wider benefits that music brings in enriching our lives. I am very grateful to the noble Earl for the opportunity he has provided today to keep this issue rightly prominent.