UK Nationals in the EU: Rights

Andy Slaughter Excerpts

Tuesday 12th September 2017 Westminster Hall

[Dr Roberta Blackman-Woods (City of Durham) (Lab)]

May I say what a pleasure it is to serve under your chairmanship, Mr Streeter? I congratulate my hon. Friend the Member for Cambridge (Daniel Zeichner) on securing this important debate and on his powerful opening speech.

I wish we were not having this debate. It is an absolute disgrace that, 15 months after the referendum and six months after article 50 was triggered, so little progress has been made on a reciprocal citizens’ rights deal, despite three rounds of negotiations between the Secretary of State and his European counterpart.

As the UK and EU’s joint technical note recently showed, there are still several areas of disagreement on the future rights of EU nationals here and UK nationals in the EU, including future family reunions, the cut-off point for settled status, rights of onward movement within the EU, and legal avenues to enforce rights. A British national who lives and works in Italy, for example, may move freely to other EU countries to live and work, but has no guarantee of maintaining those rights after Brexit, not least because our Government have not made a similar reciprocal offer. For example, a German university lecturer in my constituency—there are a number of them—is currently allowed to spend a few years working on a research project somewhere else in Europe and then come back freely to Durham to continue his work at the university, but we simply do not know whether he will be able to do so in future.

My second area of concern relates to the avenues of legal redress available to UK nationals living in the EU after Brexit. The Prime Minister seems to have an ideologically imposed red line regarding the role of the European Court of Justice after Brexit. If the UK leaves the EU and its courts, and the Government enshrine citizens’ rights in UK law, to be enforced by UK courts and some kind of independent monitor, UK nationals in the EU could lose the right to take cases to a higher European court. They will then have recourse only to the national courts of the country they are in, which may not be able to enforce the rights given by any agreement between the UK and the EU. Labour wants the Court of Justice of the European Union, or a similar court-like institution, to oversee compliance with any future agreement.

The Government could have made all this easier by making a unilateral offer to guarantee EU nationals in the UK their existing rights, which is what a Labour Government would do. That would not only have been the right thing to do morally, by providing assurances to the 3 million EU citizens who have made their lives in the UK and who have been left in a limbo and unsure as to their future status; it would also have been a good gesture with which to begin negotiations and would make it simpler to seek reciprocal rights for UK citizens in the EU. Instead, 3 million people living in the UK and 1.2 million UK nationals in the EU have been used as bargaining chips by the Government in their negotiations, which is simply outrageous.

We all know from work in our constituencies that EU nationals make a large contribution to our economy and society. As I mentioned in the Chamber yesterday, there are 2,500 European workers in the health and social care industry in the north-east, carrying out vital services in our community. However, we should not value people only by their economic worth or the services they carry out; they are members of families, friends, neighbours or colleagues. They are close to us. The lack of clarity and the limited offer from the Government are causing anxiety and anguish.

[Andy Slaughter (Hammersmith) (Lab)]

My hon. Friend is making an excellent point and I hope the Government are listening, because this issue is absolutely fundamental. More than one in seven of my constituents is an EU national and most of them are living in a relationship, or simply sharing property, with UK citizens. Even though I was not seeking to canvass them, this was the biggest issue on the doorstep at the election. It is a constitutional outrage that we are putting millions of people—people who are productive but who also want to make their home here—in this position.

[Dr Blackman-Woods]

My hon. Friend makes a really excellent point, and I hope that the Minister is paying attention to it. I think we have all had hundreds of letters and emails from constituents who are EU nationals asking that the Government guarantee the rights of EU citizens in the UK.

--- Later in debate ---

[Paul Blomfield (Sheffield Central) (Lab)]

It is a pleasure to wind up the debate with you in the Chair, Mr Streeter. I congratulate my hon. Friend the Member for Cambridge (Daniel Zeichner) not only on securing the debate but on his characteristically comprehensive introduction to the issues that UK nationals in the EU face. I am also pleased by the level of interest that Members have shown in this debate, at least on the Opposition Benches. It is disappointing to see the Government Benches empty and the contributions of Conservative Members who seek to champion the rights of our citizens so limited.

Since the referendum, we have clearly been talking a lot about citizens’ rights, but much of that debate to date has been framed in terms of the EU nationals within the UK. That is inevitable and understandable, because those are the people who live in our constituencies and are pressing us with their concerns. They are worried about their future, as my hon. Friend the Member for Cardiff North (Anna McMorrin) articulated so passionately. Their issues are also those of the 1.2 million Brits living and working in the EU. They also want to continue their lives with certainty. We talk about the number of Poles and other national groups working in the UK, but it is worth noting that the Brits abroad are the largest single national group affected by Brexit. Their concerns should be central to the Government’s concerns, just as we are rightly concerned about EU nationals who live alongside us.

The interests of the Brits abroad are represented by the British in Europe group, which is represented here today. Tomorrow, it is joining with the3Million campaign in a day of action to highlight concerns and to lobby us here in Parliament. They are campaigning together not simply because their worries are the same, but because under the principle of reciprocity what will apply to one group will inevitably apply to the other. In looking at what the Government expect for UK nationals in the EU post-Brexit, we need to look at what they are proposing for EU nationals here, because that signals their expectations for British citizens in the EU27.

Last week, as my hon. Friend the Member for Reading East (Matt Rodda) highlighted, we got some indication of Home Office thinking. The Government have been backtracking on the paper ever since, but they are clearly considering some of those proposals; otherwise they would not have been in the paper in the first place. I do not expect the Minister to comment on leaked documents any more than he did when I pushed him on the issue last Thursday at Brexit questions, so instead I will ask him about some of the general issues that happen to be in the paper. For example, is he prepared to see British citizens in the EU subject to biometric screening and fingerprinting? Would he want British citizens in the EU to have time-limited residency permits? We are quickly approaching the September round of negotiations and the 4.2 million citizens affected are yet to have firm reassurances on their future. As my hon. Friend the Member for Enfield, Southgate (Bambos Charalambous) highlighted, some 100 EU nationals received erroneous letters from the Home Office threatening deportation, despite assurances I received from the Home Office—we have raised this issue from the Opposition Front Bench—in a written answer back on 30 March that that would not happen.

We have also had the appalling dossier from the 3 Million compiling discrimination against EU nationals in work, goods and services in the UK. I first took that issue up with the Minister’s colleagues in the Department for Exiting the European Union, and I received no commitment for action. The Minister is raising his eyebrows. I received a sympathetic letter saying that such discrimination was illegal, but I am yet to receive even a response to my letter asking, “What are you going to do about it?”

[Andy Slaughter]

My hon. Friend is making an excellent point, which is not that the Government have done nothing—although they have done nothing positive—but that they have sent out so many signals that make European nationals in this country feel unwelcome. There is a climate of uncertainty—I would even say fear—out there, and he is making exactly the right point: is that how the Minister wishes British citizens in Europe to be treated? It is disgraceful.

[Paul Blomfield]

My hon. Friend raises a point that I was going to make. In the absence of a satisfactory reply from DExEU, I am relieved that the Government Equalities Office has launched an investigation. Clearly such discrimination is totally unacceptable and we need an investigation, but we also need action and more than action on those cases. We need to do more than send a signal to employers and landlords. It is precisely the lack of clarity created by the Government and, frankly, the uncertainty created by their willingness to use citizens’ rights as a bargaining chip that are creating the hostile environment in which this sort of discrimination takes place.

UK citizens in the EU are also facing uncertainty. I am sure the contribution from the hon. Member for North Thanet (Sir Roger Gale) was well meant, but I want to take this opportunity to correct the record. There is a common misperception that all the UK nationals abroad are retired on the Spanish coast or Cyprus or other places, but in actual fact 70% to 80% are working and running businesses. There are different figures, but they are of that order. Those running businesses are often doing so on a cross-border basis, which raises some specific issues. Will the Government commit to pressing for UK nationals in the EU27 to be able to enjoy the same cross-border rights after Brexit as they have now? Simply securing the right to remain is not enough. People need to earn a living, so what progress are the Government making on securing the mutual recognition of professional qualifications? For many, those qualifications are essential to their livelihoods. Brits in Europe are concerned about their future. They need certainty and clarity on freedom of movement and issues such as family reunion rights, which I hope the Minister will address in response to my hon. Friend the Member for Cambridge.

My hon. Friend the Member for Brentford and Isleworth (Ruth Cadbury) highlighted the way that the Government are maintaining this ludicrous position on the overall negotiations that no deal is better than a bad deal. Having no deal risks cutting our citizens adrift and leaving them in legal limbo, just as it does for EU nationals in the UK. I hope the Minister will take the opportunity to rule out the ludicrous idea that having no deal is a satisfactory conclusion to our negotiations. The interests of this important group must not be neglected. It is essential that the rights they currently enjoy continue to be protected, and part of that protection is robust enforcement.

As my hon. Friend the Member for City of Durham (Dr Blackman-Woods) pointed out, the Prime Minister has set herself an unacceptable and untenable red line on citizens’ rights and the European Court of Justice. That position is guided either by narrow ideological interests or simply by a need to keep some of her hard-line Back Benchers happy, but let me turn the question around. Would the Minister be content for the recourse of any British citizens in the EU over any matter to be limited under the agreement to national courts in the countries in which they live? Should their rights be subject to changes in domestic legislation of a single EU member state? Should they and EU nationals in the UK not be able to have recourse either to the ECJ or a similar court-like body overseeing the agreement on citizens’ rights? Is it not the case that anything else would be untenable? As my hon. Friend the Member for Enfield, Southgate and many others have pointed out, we would not be in this mess if the Government had offered certainty from day one in the way that the Opposition were asking. Will they offer it now?