European Union (Withdrawal Agreement) Bill

Debate between Baroness Debbonaire and Steve Barclay

Consideration of Lords amendments & Ping Pong: House of Commons & Ping Pong
Wednesday 22nd January 2020 Commons Chamber

[Steve Barclay]

I was trying to be generous in taking interventions, but I will take your direction, Mr Speaker.

We very much respect the devolved Governments’ opposition to Brexit as a whole, but the legislative consent process should not be the place to show such disagreements; rather, it is for voicing concerns with parts of legislation that relate to devolved competences. The refusal of legislative consent in no way affects the Sewel convention or the Government’s dedication to it. However, as recognised by both Mike Russell and Lord Sewel, these are not normal times. Given those circumstances, I urge Members to reject this amendment.

We have covered significant ground in debating this Bill. Once passed, it will stand as an historic piece of legislation. I therefore hope that the House will respectfully disagree with their lordships’ amendments.

[Thangam Debbonaire (Bristol West) (Lab)]

I rise on behalf of the Opposition to explain why we oppose the Government on all five of their motions to disagree with their lordships.

On EU citizens’ rights, their lordships passed an amendment providing for, first, a declaratory system for gaining settled status and, secondly, for a physical document. The declaratory system would honour the previous Government’s pledges to EU citizens living here before we leave the EU that they would enjoy the exact same rights as before—we are just asking this Government to honour that. It would avoid the cliff edge of time limits—the grace period still means that there is a time limit—and pressures on people who have the legal right to be here but who, for various reasons, are being asked for yet more evidence or have only been given pre-settled and not yet settled status.

The Government talk of the 2.5 million people who have been granted status, but many of those who have applied for settled status and are entitled to it have been granted only pre-settled status, which does not give that promised certainty. Many people are not aware that they need to apply, particularly those who have been here since childhood. Others may not apply in time, for many good reasons. The Secretary of State says that late applications for good reasons will be considered, but we do not really know what good reasons will count. That does not give certainty.

The Minister in the other place argued that declaratory registration is not necessary because the current scheme addresses all problems, but it does not. The arbitrary time limit and the problems and delays in securing status all risk making some people who should be lawfully resident unlawfully resident past the time limit.

The physical document—the other part of the amendment—is vital. Surely we in this Chamber all know that internet signals are not reliable. People do not all have smartphones. Other categories of non-UK citizens have a physical document, so it is not surprising that the Residential Landlords Association say that it is deeply concerned about the lack of physical proof and that landlords are not, and should not be treated as, border police. In a perverse justification of the policy, Ministers have said that providing a physical document, as this amendment proposes, would make a future Windrush-style scandal more likely. On our understanding, it is the exact opposite.

Oral Answers to Questions

Debate between Baroness Debbonaire and Steve Barclay

Thursday 9th January 2020 Commons Chamber

[Steve Barclay]

I urge Members on both sides of the House to support Third Reading of the withdrawal agreement Bill because it safeguards the rights of the 3 million EU citizens here, as it does those of the 1 million or so UK citizens in Europe. The Bill guarantees the rights of those EU citizens because we value the contribution they make to our homes, communities and businesses.

[Thangam Debbonaire (Bristol West) (Lab)]

Refusing to provide paper proof of status, rejecting Labour’s proposal to grant automatic status, granting only uncertainty inducing pre-settled status to people who have been here legally for years and the high cost of applying for citizenship—what part of all that does the Secretary of State believe makes our EU friends and neighbours living in the UK feel truly valued and welcome?

[Steve Barclay]

The hon. Lady appears to have missed the debate about these issues in Committee.

[Thangam Debbonaire]

No, I was here.

[Steve Barclay]

In which case the hon. Lady should well know that the specific issue of documentation versus digital was raised with the Minister for Security, who was clear that although there will be a letter to provide a document, it would have reference to the digital number. That issue was explored at length. She will also know that citizens do not lose any rights when they get pre-settled status, and that they then move on to settled status. Those issues were debated—that is what a Committee stage is for—and addressed by a Home Office Minister at that time.