European Union (Withdrawal Agreement) Bill

Catherine West Excerpts

3rd reading & 3rd reading: House of Commons
Thursday 9th January 2020 Commons Chamber

[Paul Blomfield (Sheffield Central) (Lab)]

I join the Minister in thanking the panel of Chairs for presiding over the Committee stages and the work they did in preparation for the debates we had, the staff in the Public Bill Office for the work they did over the Christmas recess and all Members who contributed to the debate in Committee.

The last two days have had their highs and lows. On the one hand, there have been very many thoughtful and considered contributions, and on the other hand, there has been a disappointing and resolute refusal of the Government to seriously consider any amendments however constructively intended. The Minister is right that there was a different tone to the debate, and that is clearly because everybody recognises that the result of the general election means we are leaving the European Union in 22 days’ time. But I think there was also a recognition, I hope on both sides, that leaving the EU does not mean that we will have got Brexit done. We will have completed the first step, departure, but the difficult stage is yet to come: agreeing the new relationship not just on trade, but as many pointed in Committee, on security crucially—but much more besides, from data sharing to research collaboration and more. These are in many ways more complex issues than those we have wrestled with over the last three and a half years, and they are issues with deeply serious consequences for the country.

[Catherine West (Hornsey and Wood Green) (Lab)]

May I thank my hon. Friend for his speech and add to his list the anguish that many of my constituents are feeling—not just EU nationals, but those whose neighbours or family are EU nationals? This is, for many, quite a difficult moment.

[Paul Blomfield]

I very much agree with my hon. Friend. It is a difficult moment for many, and I will come on specifically to some of the issues involving EU nationals that were not resolved by our discussions in Committee.

As we move into this next stage, I would urge the Government not to overinterpret their mandate in the general election. Yes, they have clearly secured an overwhelming majority of seats, but not of votes. Most people in this country voted for parties that did not support the principle of getting Brexit done at any price. As the Prime Minister observed, many of those who voted for him and colleagues had lent him their vote. I hope, and I sense, that part of the different tone—the subdued mood of those on the Government Benches—was a dawning realisation that they may find it hard to deliver on the high expectations that they have created over the last three and a half years. The Prime Minister has talked about bringing the country together—the Minister echoed that—and we all share the hope after the divisions promoted by the debates of the last three years. However, I have to say that it will need a different approach from the one we have seen over the last couple of days. It needs open ears and a willingness to reach out.

I understand why the Government rejected some of the amendments that we and other opposition parties tabled, but not all. Many were simply restoring previous Government commitments and others were to improve the Bill; none was to frustrate Brexit. In the short debate on the Bill in Committee, we as an Opposition pressed five main issues that in our view reflect the serious problems with both the withdrawal agreement and the way in which the Government have chosen to implement it. Over 100 amendments were tabled in Committee, but not a word of the Bill has changed, and we will therefore be voting against its Third Reading today.

Our first issue with the Bill is that, despite all of Parliament’s efforts to avoid a no-deal Brexit last year, it introduces a trapdoor to no deal at the end of December 2020—something that the Brexit Secretary appeared quite relaxed about in his reported comments following yesterday’s discussion with Ursula von der Leyen. Other Conservative Members over the last couple of days have expressed total confidence—total confidence—in the Government’s ability to secure trade and security deals by the December deadline, citing the EU’s commitment to use its best endeavours and good faith to agree a future trade treaty. That good faith was evident from Mrs von der Leyen yesterday, but I hope Members have also heard her warning, which was echoed by the right hon. Member for Gainsborough (Sir Edward Leigh), that it would be impossible to reach a comprehensive trade deal by the end of 2020.

I hope Members will reflect on whether it really is wise for the Government to have added clause 33, barring Ministers from extending the implementation period. Of course, this is just a gimmick, and with their majority, the Government could at any point repeal that clause and negotiate a short extension. However, whatever our views on these issues, we should all be concerned that this Bill removes any role for Parliament in shaping that decision, so if the Government have not concluded and ratified an agreement with the EU on our future relationship, the supposed sovereignty reclaimed for this Parliament will be meaningless. We will have no say on whether we crash out on World Trade Organisation terms, even if the Government are days away from securing an agreement with the EU.

--- Later in debate ---

[Paul Blomfield]

Yes, three years.

Through our new clause 4 we tried to offer a way of giving Parliament the role for which we were elected—and it is the role that my hon. Friend describes—without requiring an extension to the transition that is longer than necessary. Some Conservative Members who are not here today expressed sympathy with that approach, but not with our specific formulation, so I hope that this issue will be revisited when the Bill moves to the other place.

The second point that was a key concern to us was citizens’ rights. Colleagues from all Opposition parties set out why we believe that a declaratory system is essential to deliver on the Prime Minister’s commitment to EU citizens during the referendum campaign and subsequently, and to avoid a repeat of Windrush. This came up this morning in Brexit orals. In the Committee debate, I was pleased to get an important clarification from the Government on appeal rights, but I am afraid that I did not find the Minister’s speech on the broader issue of citizens’ rights at all reassuring. In a relatively convoluted argument—which the Secretary of State to a degree repeated this morning at Brexit questions—the Minister attempted to put the blame for the Windrush scandal on the safety net that ensured that victims could seek recourse against the treatment that they endure from immigration legislation and argued that the way to avoid a Windrush scandal for EU citizens was to take away the safety net provided by guaranteeing their rights.

We have already seen that almost half of applicants to the EU settlement scheme have not been granted settled status; they have been granted pre-settled status. Ministers have told us that we should be relaxed about this, claiming that pre-settled status is an automatic pathway to settled status. I am afraid we have every reason to be concerned, because it is not.

[Catherine West]

Does my hon. Friend agree that there is a real risk here that once again the Home Office is making a pig’s ear of this whole thing?

[Paul Blomfield]

Well, the Home Office has got form on these things, hasn’t it?

Let me explain why I am concerned specifically on this issue. Pre-settled status is intended for those EU citizens who have been living in the UK for less than five years. However, many EU citizens who have been living here far longer, many for decades, are being granted pre-settled status. They will be required to reapply to the scheme before their five years of leave under pre-settled status is up. If they do not, they will lose all their rights in the UK and, as the Home Office Minister pointed out, be liable to deportation.

Despite these risks, my understanding is— I would be very happy to be corrected— that the Government have no plans to notify EU citizens when their leave is about to expire, and prompt them to apply for settled status. If they do not even know of the need to reapply, many EU citizens will face the same difficulties evidencing their five years’ residency, so in any closing remarks from the Government Front Bench I would be grateful if Ministers can tell us what will happen to EU citizens who are granted pre-settled status for five years, then reapply to the scheme for settled status but are not able to evidence the required five years’ residence, which was the basic problem leading to their being granted pre-settled status in the first place.