Rights of EU Nationals

Debate between Lord Harper and Robert Goodwill

Wednesday 19th October 2016 Commons Chamber

[Mr Goodwill]

I have made it crystal clear, I hope, that the motion does not go far enough because it does not extend the protections that SNP Members want for EU citizens here in the UK to British citizens, including Scottish citizens—people from Stranraer, Montrose and Edinburgh—who are living and working elsewhere in the EU and who require reciprocal protection. That is all we are saying. If the SNP Members had included that in their motion, we would have been more than happy to support it, but this is a fatal omission.

[Mr Harper]

There is another reason why I think that my hon. Friend is right to be both reasonable and cautious. As a former Immigration Minister, knowing the difficult challenges that he faces, I suggest that one of the important things that the House must do in order to deliver certainty is use very clear language. Many immigration matters go to court. Referring to people who have made their home here does not make clear whether they are people who have been here for five years, 10 years or five minutes. That description also excludes the thousands of EU nationals who fall within a group that I do want to leave the United Kingdom—the thousands of EU nationals who currently reside in Her Majesty’s prisons having committed criminal offences, and whom I want the Government to be able to remove from this country at the end of their sentences.

This matter is complicated. It is not straightforward. I urge my hon. Friend to continue to be reasonable and careful, in order to get this right and provide the certainty that is necessary. The position is not as simple as the hon. and learned Member for Edinburgh South West (Joanna Cherry) makes out.

[Mr Goodwill]

My right hon. Friend is absolutely right. The issue is much more complex than it is sometimes painted, and we need to engage in the negotiations with that in mind.

We intend to reach an agreement as soon as possible, but the fact remains that there needs to be an agreement, and I strongly believe that it would be inappropriate to lay down unilateral positions. Indeed, it would be irresponsible to do so. In the meantime, as the Government have made clear on numerous occasions—I will repeat it again today—until the UK leaves the EU, there will be no changes in the circumstances of European nationals in the UK. They will continue to have to have the same rights under EU law that they had before the referendum.

As I have said, however, this issue is also about British citizens living and working in other EU member states and exercising their treaty rights. The Prime Minister has made clear that, through the negotiations, we are seeking to secure the best deal for Britain, and that deal rightly includes protecting the status of British citizens who are living, working and studying elsewhere in the EU. It is disappointing that the motion makes no reference to those British citizens. The Government are therefore unable to set out a definitive position now: that must be done following an agreement with the EU. Those EU nationals who are worried about their current status can have the Government’s complete reassurance that their right to enter, work, study and live in the UK remains unchanged. They continue to be welcome here.