High Court Judgment (John Downey)

Debate between Bob Stewart and Nigel Mills

Thursday 27th March 2014 Commons Chamber

[Nigel Mills]

Yes, I think the hon. Lady must be right on that. The judge seemed to think that the process was meant to confer some kind of assurance on people and that the letter had to be read in line with that, but I am no expert.

We ought to look also at the concerns expressed at the start of this process by the then Attorney-General, who is quoted in paragraph 36 of the judgment. He said that he was

“seriously concerned that the exercise that is being undertaken has the capacity of severely undermining confidence in the criminal justice system in Northern Ireland at this most sensitive of times. Individual prosecution decisions have to be justifiable within the framework in which all prosecution decisions are reached and I am not persuaded that some unquantifiable benefit to the peace process can be a proper basis for a decision based on the public interest”.

Those concerns have not arisen retrospectively; there were concerns at the time about what the process would really mean and what it would be seen to mean to various people in Northern Ireland. That is why I welcome the inquiries into this situation.

[Bob Stewart]

My hon. Friend is niggling not in a bad way, but in a great way, on this process. If, as the Northern Ireland Secretary has just said, these letters are not “get out of jail” cards or amnesties, can we have all those who have received them put before a court of law?

[Nigel Mills]

I am grateful to my hon. Friend. One thing that needs to come out of the various inquiries is what the current legal status of the letters is in the light of the judgment and, if we are not happy with that legal status, how we can get to a legal position that we are happy with. It might be possible—I am not a lawyer; I do not know—for the Northern Ireland Office, the Secretary of State, the Attorney-General or the Minister of Justice in Northern Ireland to write to every recipient of such a letter and say, “Just to be clear, you can’t rely on these things to avoid prosecution if there’s evidence that justifies a prosecution.”

This all prompts the question: what was the point of the Historical Enquiries Team—now part of the Police Service of Northern Ireland—going back and re-investigating all those old cases if, I assume not to its knowledge, 200 or so people whom it might have been investigating as part of that process had a letter saying that past evidence would not be used to bring a prosecution? What was the point of that process?

Immigration (Bulgaria and Romania)

Debate between Bob Stewart and Nigel Mills

Thursday 19th December 2013 Westminster Hall

[Nigel Mills]

My hon. Friend is right. The idea behind those nations wanting to join the European Union was to grow their economies and to provide better living standards for their people. That must be harder to do if what looks like the best option for their brightest people is to leave for a better wage elsewhere.

I return to the test that was run two years ago. If we were to apply it now, with the excellent unemployment data from the end of November announced this week—we all accept and welcome those figures, which are a great improvement on where we were at the start of this Parliament, or even on the position two years ago, or at the start of the year—employment would be at about 72%, which is still down on where it was before the recession. Unemployment is still 7.4%, which is well up on the 5.1% before the recession; the claimant count is still at 4%, compared with 3%; and vacancies are up to 545,000, which is still down on 621,000. My contention is that if the treaty had allowed us to extend the restrictions for a further period, I can see no reason why we would not have sought to retain them, in the light of that analysis.

[Bob Stewart (Beckenham) (Con)]

I thank my hon. Friend for letting me intervene, and I congratulate him on securing the debate. The real dilemma is that as our economy picks up, so will the attractiveness of coming to this country. That is almost a problem: as we get better, more people will want to come here. Does he agree?

[Nigel Mills]

That is one of those welcome problems, in that we all want our economy to be growing so strongly that we become a much more attractive place—but there are clearly downsides in dealing with the legacies of recession, with unemployment and especially youth unemployment still far higher than we might like. We need to get our own people who are struggling into the jobs that growth generates.

To return to my contention, if the treaty had allowed the restrictions to continue for a further period, I am in little doubt that we would have wanted to extend them, if we could, and that brings us to my next point. We signed that treaty a decade ago, but we had not at that point predicted a catastrophic recession, which would take many years to recover from—we are still trying to recover from it—and we had not appreciated just what the level of immigration from the previous accession wave would be, which was far in excess of our estimates. I suspect that had we known those two things when we were signing the treaty, we would never have agreed to restrictions on those two countries being lifted so soon or at this point in the economic cycle.

The question becomes, does Parliament say, “We have to accept that we approved the treaty”—it was passed by this House—or actually do we have the right to say, “With hindsight, that was a mistake and it is now not in our national interest to continue with what we agreed”? We need to change that. Let us simply keep the restrictions already in place for a further defined period—that is a proportionate response to a clear problem—at least until our economy is fully recovered from the shock experienced in the recession. That is not an unreasonable or disproportionate thing to do.

It is worth noting that I was only trying to keep the restrictions that have been in place since Romania and Bulgaria joined the EU. That would not stop completely people from those two countries finding work here. If able to find work in this country and get a work permit, they have been permitted to work here since they joined the EU—that would not change. So my suggestion of not lifting restrictions that are already in place is proportionate at this point. If the Government are not minded to accept that relatively gentle and proportionate measure, I sincerely hope that they think again in the two weeks left before the new year and try to find some other way of keeping the restrictions.

Some interesting policy ideas have been announced as different ways to tackle the problem. I was quite attracted by the idea that accession countries whose gross domestic product per capita is well below the EU average should not get full access to freedom of movement until their GDP was nearer the EU average—perhaps three quarters of the average. That would tackle the issue raised by my hon. Friend the Member for North West Leicestershire (Andrew Bridgen), because it would mean that the brightest people in those countries could not leave; they would have to stay there and find ways to grow their own economy.

The gross national income per capita in both Bulgaria and Romania is about $16,000, compared with our GNI of $37,000, so those two countries would fail the test, were we to apply it now. That test is attractive, but its prospective introduction would not fix the problem that might well hit us from 1 January. Surely it would therefore be better to keep the restrictions we have in place while we are trying to achieve those reforms.

The second idea, which was leaked this week, was to have a cap on EU migration. Again, that is an attractive idea and one that, I suspect, would contribute greatly to enabling us to meet our target of net migration in the tens of thousands, although there would be some practical issues with enforcing a cap, and I suspect that other EU member states might not be as keen on the idea. But I find it intriguing that although it is seemingly impossible to try, in response to a clear issue in our employment market, to keep in place for a bit longer restrictions that have been allowed until now by the accession treaty, it is thought that a complete and utter unravelling of freedom of movement—even between the main western European nations—might be possible. I am afraid that I am not so optimistic that we could achieve that aim in a renegotiation; but even if it could, it is a measure for a long time in the future, not one that can help us out in the coming years if large amounts of people decide to come here.

Finally, I have some questions for the Minister. I understand that Governments have had their fingers burnt making estimates in the past, but will he set out whether the Government believe that a large number of people from Romanian and Bulgaria will try to come to the UK when the restrictions are lifted? Independent estimates suggest figures of between 30,000 and 70,000 people a year for the next five years, which would put the total at something like 350,000. I do not expect an accurate assessment, but do the Government think that number is way over the top, is an underestimate or is about right? The people of this country want to know whether their fears are unrealistic or entirely realistic.

Given that nearly all western European nations have kept the restrictions in place until the last minute, I would presume that those countries fear that there might be an issue. It is also worth noting that Romania and Bulgaria will not be joining Schengen on 1 January, as they were meant to, again because of concerns across Europe about what that might entail.