Artist Visas

Deidre Brock Excerpts
Wednesday 4th September 2019

(4 years, 6 months ago)

Westminster Hall
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Deidre Brock Portrait Deidre Brock (Edinburgh North and Leith) (SNP)
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I beg to move,

That this House has considered artist visas.

As always, Mr Gray, it is a pleasure to serve under your chairship.

In Edinburgh, we have the best festivals in the world; not even Donald Trump could claim to have better festivals. They include the world’s biggest arts festival, the Edinburgh festival fringe, and the wonderful book festival, which takes place in my own constituency of Edinburgh North and Leith, as well as the international festival, the film festival, the storytelling festival, the science festival, the jazz and blues festival, the art festival, the children’s festival, the Hogmanay winter festival and, of course, the Edinburgh Tattoo. There is also the festival of politics, but that is not allowed to join the cool gang of festivals—not yet, anyway.

Those festivals grew out of a desire to rebuild international cultural co-operation after the second world war. Conceived in 1945 by Rudolf Bing, an Austrian who had fled the Nazis, the first festival was in 1947 and it reunited Bruno Walter with the Vienna Philharmonic. So much for the official festival. However, the spirit of rebellion that marks Edinburgh in August started in the same year, when six Scottish theatre companies and two English ones rocked up to stage their own shows and began what became the fringe. They were not alone. Forsyth Hardy and John Grierson added the film festival, too, showing 75 films from 18 countries in the Cameo cinema, which was not a bad result in 1947. All three festivals still run in Scotland’s capital city and they have been joined by quite a few others, many of which I have already noted.

Figures for this year’s festivals are not yet finalised, but the initial trawl suggests that the August festivals alone had more than 5,000 international participants. The actual number is closer to 5,500, according to figures provided by the festivals. Of course, that is only the performers. Many tens of thousands of international visitors also flock to Edinburgh every year. Of those international performers, 1,500—some 28%—were European economic area nationals, people who currently need no visa to travel to the UK. Just over half were non-EEA nationals who did not need visas. However, one in five were non-EEA nationals who required visas. Next year, we may have a whole different category of performers who will need visas and a whole set of hoops for the festivals to jump through to get them to Edinburgh to perform.

I have a fairly regular stream of immigration cases, as I know other Members do, but I also have an additional task every year, as the festivals find themselves struggling to get visas for their headline performers and ask for a bit of help. These are performers at the peak of their profession who are world-renowned and very successful. They are being refused visas because they do not match up to a flowchart somewhere in the Home Office, or because some poor decision maker with a massive workload has to make very quick decisions on very complicated cases, which is one way to end up with poor decisions. Other Members representing Edinburgh and other areas that receive visiting artists may have similar stories.

I would like to take a moment to pay tribute to the civil servants in the UK Visas and Immigration team who answer the calls and emails from my office. They are professional and helpful, and they do what they can to help with these as well as many other cases. They are a credit to the service. However, they operate within a broken system and the fault for that lies with politicians.

The decisions made in Government create the systems that the civil servants have to work in and they are the decisions that create the ethos of the Departments. It is the political decisions that create the problems and it will be political decisions that can construct the solutions.

We need those solutions, because the damage done to the festivals and to our reputation is not limited to the individual performer thinking that it is a bit of a pain getting to Edinburgh in a particular year. The bigger damage comes from the impression being formed that it is a hassle getting to Edinburgh to appear in the festivals, and when performers start thinking that it might be too much hassle getting to Edinburgh. The damage comes when that consideration becomes part of the consideration that weighs in the balance against coming to Edinburgh, and when those considerations outweigh the considerations of benefits that might accrue from performing at the festivals.

When authors think, “The Edinburgh book festival would be good to appear at, but Cork would be okay, too, and there’s less hassle getting to west Cork,” we have a problem. The same would go for the Hay festival, the Cheltenham festival or the Beyond the Border festival. By the way, I have nothing against Cork. I could easily have mentioned instead Parisot or Charroux in France; the three festivals that take place in Barcelona; Fitzroy, Fremantle, Sydney, Alice Springs, Adelaide or several others in Australia; or Calgary, Vancouver or even New Westminster in Canada. There is no imperative for authors to come to the UK, and if we put barriers in their way we reduce the appeal of our festivals.

I would like Edinburgh to compete on a level playing field; it is the only way in which we will stay ahead of the competition. Of course, the same goes for arts festivals such as the international festival and the fringe. There are other festivals all around the world and the prestige of Edinburgh will not keep us ahead of them if the disincentives begin to outnumber the positives. That possible reluctance on the part of performers to come to Edinburgh might be mirrored by festival organisers deciding that the effort they have to put in to get performers to the stage is becoming burdensome. When they have so much to do to put the shows on in the first place, any extra burden becomes a serious consideration.

The statistics, too, seem to suggest there is a problem. Four years ago, more than one third of international performers at the fringe were visa nationals; this year, the figure was down to one quarter. In this year’s book festival, four authors’ events were put at risk by visa problems, and in the international festival a renowned choreographer and his dance troupe had major inconveniences. Some of Serge Aimé Coulibaly’s dancers had to travel from Burkina Faso to Ghana for their visa appointments—a 32-hour round trip—and then they had to pay for a courier service to get their passports back, to avoid having to repeat the journey. One of them, who is resident in Germany, had to return to Berlin from Burkina Faso to pick up his visa within the allotted timescale when it was granted more quickly than expected. The troupe had already performed at the Barbican in May and they will come back to the UK in November—if they get visas.

These people tour the world performing. Applying for visas through an appointment system, leaving their passports and returning to the visa centre to collect visas is, as we would say in Scotland, a right pain in the bahookey for them. From what I have heard from other areas around the world, these difficulties would appear to be easily surmountable with the right political will, and I imagine that they are difficulties faced by other would-be visitors as well.

I am grateful to Festivals Edinburgh for providing me with much of the information for this debate. It tells me that this dance troupe’s difficulties are indicative of the kinds of problems faced by performers regularly; these are not exceptional circumstances. Freelance performers face problems in demonstrating income and reserves in cash terms, because the nature of their work means that their income comes in bursts. Then we have the slow decisions that endanger appearances; the refusals that are overturned on appeal, often with an MP’s help; and the sheer uncertainty that the whole thing creates.

As I have said, these are political problems and political solutions can be found. I have to say that the festivals were cheered somewhat by the engagement of the previous Immigration Minister, the right hon. Member for Romsey and Southampton North (Caroline Nokes), and I am sure that the current Minister—the Under-Secretary of State for the Home Department, the hon. Member for South Ribble (Seema Kennedy)—has a record of that engagement. May I tell her, though, that the festivals are heartened by some of the actions taken, in particular the UKVI guidance for creative event managers, published in March, and the direct named contacts at UKVI and the Home Office? The festivals appear to be as impressed as I am with the civil servants.

That is a start, but we have to move far more quickly to get ahead of the game. In a couple of months, EEA citizens could be required to have visas to travel, adding a huge number of festival performers to the processes—if they still want to come. None of that takes account of the international visitors coming to watch events at the festivals or to see other things while they are here. There is also the parallel issue in the other direction, with the probability that the EU will require additional efforts from UK artists heading there.

Kevin Brennan Portrait Kevin Brennan (Cardiff West) (Lab)
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I congratulate the hon. Lady on securing this important debate. Is it not the case that in the music industry, for example, many UK touring artists are not very wealthy? Often they are, in effect, a one-person band, travelling on budget airlines and taking their own instruments to their fan base around the European Union. Is there not a real danger that those people’s livelihoods will be directly affected if we do not do something before Brexit?

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Deidre Brock Portrait Deidre Brock
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I absolutely agree with the hon. Gentleman. As former performers, he and I know exactly how precarious that lifestyle can be. I met the chief executive officer of the Incorporated Society of Musicians yesterday. She indicated that she already knows of performers who have gigs in November and December in Europe that are already being called into question. They cannot get insurance to cover those gigs if they need to cancel. As the hon. Gentleman has pointed out, the probability that the EU will require additional efforts from UK artists heading there could limit our artists’ ability to make a living.

Equity tells me that actors are regularly employed across the EU, often because they are English speakers, and that employment could be under threat after Brexit. Dancers are already seeing auditions for European companies drying up. These artists need freedom of movement so they can keep getting work. As the hon. Gentleman pointed out, musicians currently tour across the visa-free area in a way that will simply be impossible if freedom of movement ends without some sort of deal.

I will give the Minister a series of quotes that I have been given by a variety of organisations that deal with this matter. The Royal African Society—I know my hon. Friend the Member for Glasgow North (Patrick Grady) will speak later about African visitor issues—has told me that it is

“increasingly coming across writers and filmmakers who have decided to boycott the UK, rather than go through the dehumanising process of applying for a visa”.

Literary Europe Live said that

“the time-consuming and humiliating visa application process damages UK’s reputation and ultimately results in more and more artists turning down invitations to the UK”.

The Shambala festival said:

“If we do not change this system and make it more welcoming, Britain risks becoming increasingly culturally barren”.

English PEN said that writers have told it that

“they would not return to the UK with the current visa system”.

The Index on Censorship said that granting visas helps to address oppression and persecution. The British arts council said that problems with the visa process

“have the potential to have significant impact on our soft power standing and the ability to showcase a diverse range of international work in the UK”.

The Africa Centre said, rather pointedly:

“We grow as a society because of the development of culture and if we do not allow artists to share their stories with us, how do we grow?”

I pay tribute to the Shubbak festival, and to Nick Barley at the Edinburgh book festival and Julia Amour, the director of the Festivals Edinburgh group, for all their hard work. The Shubbak festival said:

“The Home Office’s temporary visa application process is so administratively burdensome that it has become a deterrent, denying the British public access to some of the world’s most compelling artists, performers, writers, musicians and thinkers.”

StAnza poetry festival spoke of poets missing festivals here and elsewhere in the EU because their passports had been lost by the Home Office or retained for far longer than expected. Tandem Collective and Oxford Contemporary Music said:

“Restrictions on artist visas undermine the efficacy of our work, severely reducing the diversity of cultures represented in our exchange programme, Ethno England.”

The Poetry Translation Centre team said that the visa system

“weakens the potential of the UK arts as artists here miss out on the opportunity to meet, experience, interact and collaborate with their counterparts around the world”.

Finally, the London international festival of theatre said:

“Countless artists are telling festivals and venues they are reluctant to accept invitations to come to the UK due to draconian visa process”.

I thank Parliament’s digital engagement team for gathering those opinions and the organisations for sharing their expertise and knowledge.

I am more than willing to share the full comments and quotations from those experts, and I certainly hope the Minister will listen to them. I will be following up on the issues with her, and the representatives of the artists and festivals have a range of things they want to talk about, but the visa system needs to be reviewed. In a digital information age, there should be far less necessity for applicants to travel hundreds of miles and surrender their passports for weeks or months at a time, especially when they are making repeated visits and have a record of obeying the conditions of their visas. We know that the passport pass-back service works in some centres, and it must be possible to roll that out. It must also be possible to extend the permit-free festivals route and the permitted paid engagement route. Surely we can reduce the costs, particularly for repeat travellers.

The festivals have a list of requests that they will be making of Ministers, and I am happy to speak to the Minister about any aspects. I would be delighted to facilitate a meeting for her with the festivals, Equity, UK Music and other interested parties that have been lobbying me, if that would be of help. I will do whatever I can to assist. I hope she will take me up on that. I urge her to act now and to act quickly. The damage may already be being done to Edinburgh’s festivals and to the reputation of our creatives around the world. Their prestige may be getting undermined through no fault of their own.

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Patrick Grady Portrait Patrick Grady
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Absolutely. It is particularly important to the creative sector when the operating margin for visas is so small. Most people go into the creative sector out of a love for their art, and to contribute to society and culture as much as to the economy, but if they are successful the margins can have a positive economic input as well. Yet the visa policy is driving that down and making it more difficult for people to make that economic, as well as cultural and social, contribution.

I am reminded of testimony from a very senior official in the African Union—a trade commissioner who came to speak to us at an event in the House of Lords. He was invited by the Lord Mayor of London, yet had to jump through hoops. He was asked for his wedding licence and for proof of his income, despite being effectively a diplomat. To be fair, he got his visa and managed to get here, which is better than some. He says that every time he flies out of Addis, he sees business class sections of planes going into Brussels that are full and business class sections of planes going into London that are half empty. That is a pretty stark demonstration of the visa policy’s impact.

I saw the impact myself recently, when I was in Malawi with the Commonwealth Parliamentary Association and we visited the UK high commission. The first thing that we saw when we came in was a great pop-up banner saying, “Come to the UK and study on the Chevening scholarship.” Yet the night before, when we had met with local stakeholders, campaign groups and so on, we had heard stories of people who had applied for—and been granted—Chevening scholarships but were not getting visas, were being made to jump through hoops, or found that the visas were far too expensive.

Such stories are borne out by the joint report from the all-party parliamentary group on Malawi, the APPG for Africa and the APPG on diasporas, development and migration, which found that

“September 2018 Home Office quarterly statistics show that while 12% of all visit visa applications made between September 2016 and September 2018 were refused, the refusal rate for African visitors was over double this, at 27% of applications.”

There is therefore a particular challenge regarding visas for African musicians, business people, religious ministers and so on, much of which is down to the system, to the creation of a hub and spoke model, and to the attempt to outsource the applications to private companies and then to drive the decision-making process on to some kind of online, algorithm-based system, often based here in the United Kingdom.

Another story emerged from the same visit. The Information Minister from the Malawian Government could not get his fast-track visa approved in time; he was supposed to be in the UK while we were in Malawi. His visit was cancelled in the end because his visa did not come through in time, even though presumably the Malawian Government and Malawian taxpayers—or, indeed, Department for International Development money that helps to support the Malawian Government—financed his fast-track visa application, which was no such thing. Such incidents cause nothing but embarrassment for officials in the high commissions and embassies, who cannot do anything because the left hand seemingly does not know what the right hand is doing, and all the decisions are outsourced to Pretoria. At the same time, I echo the comments that my hon. Friend the Member for Edinburgh North and Leith made about the incredibly hard-working staff both in the embassies and high commissions and in the visa inquiry teams, who are massively overburdened. That simply increases the expense, bureaucracy and contradiction.

Ultimately, if we want the visas, we have to make inquiries or get up and ask questions of Ministers, and the House of Commons Chamber becomes a kind of court of appeal for visas that should simply have been granted in the first place. None of these artists are coming here to abscond or so that they can live on the British welfare state or get jobs as Uber drivers. They are world-class musicians. They are travelling all around the world and are welcomed to other countries with open arms. Only in the United Kingdom—only in “Britain is GREAT” and “Britain is open for business”—are they told that they cannot come.

Deidre Brock Portrait Deidre Brock
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A number of us have been pursuing this matter for some time. It is interesting that every time we have asked Ministers to set out how many folk in the creative industries who have come to the UK have absconded, they cannot answer. I think the last time, they suggested that it would take too much time, and money perhaps, to find that information, but if the Government are so worried that people will abscond, why do they not know exactly how many people have absconded in the past?

Patrick Grady Portrait Patrick Grady
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Exactly—that is part of the issue. Perhaps the Minister can answer that question. People are counted into the country but very rarely counted out, so the statistics do not exist, but all the anecdotal evidence suggests that such people go back. It is pretty easy to tell whether a musician has absconded because if they do not turn up to their next gig in Germany, France or wherever they were going next on their tour, it is pretty obvious.

I suppose that brings us to the consequences of Brexit and the specific issue of visas for travel in Europe. At the moment, freedom of movement means that artists from anywhere in the European Union can travel to anywhere else in the EU without any hassle. That makes it cheaper, easier and better for reasons that we have already discussed, but if freedom of movement comes to an end—and especially if it comes crashing to an end on 31 October—everybody will be left in a state of chaos and cataclysm.

It is very important that the Government are working on that issue. A lot of organisations—we heard about the Musicians’ Union and the Incorporated Society of Musicians—have done a significant amount of work on both identifying what the challenges will be and suggesting some solutions. The ISM, for example, said clearly that

“the music workforce depends on EU27/EEA countries for professional work”.

It also said that

“the music workforce relies on UK-EU mechanisms to support and enable them to work”

and travel, and that already

“the impact of Brexit on musicians’ work has been widespread and negative”.

It therefore made a series of recommendations about what can be done. One of the most significant is:

“If freedom of movement rights cease, the Government must introduce a two-year, cheap and admin-light, multi-entry touring visa”

so that musicians, and indeed their musical instruments, can get in and out of the country as freely as possible, and the creative industry’s important contribution can continue.

As I said at the start, the Minister will have to get used to such debates. Many Members feel passionately about this matter, because our constituents and economies are affected, and in many cases we have personal connections to people who are affected as well. The visa policies and the experiences of artists, creatives and those in wider parts of society completely contradict the Government’s rhetoric on global Britain. In fact, what we are seeing, as my hon. Friend the Member for Glasgow East said, is a continuation of the hostile environment.

It is all well and good for the Government to say, “We’ve changed. The hostile environment is a thing of the past.” The lived daily experience of people who want to come to this country and share their creative talents and passions is that the hostile environment is still in place. That will change only when the policy starts to change and the administrative burdens are changed. That means easier processing, cheaper visas and a much more straightforward way of people applying and having their sponsors taken seriously. We hope the appointment of the new Minister will lead to some change, and we look forward to hearing what she has to say.

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Seema Kennedy Portrait The Parliamentary Under-Secretary of State for the Home Department (Seema Kennedy)
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It is a pleasure to serve under your chairmanship, Mr Gray. I congratulate the hon. Member for Edinburgh North and Leith (Deidre Brock) on having secured this important debate, and I am grateful to her and to all other hon. Members who have spoken, one of whom has left his place. I also pay tribute to my predecessor, my right hon. Friend the Member for Romsey and Southampton North (Caroline Nokes), for the work she has done on this issue. I have had a meeting with her and discussed it, and I know that she took it very seriously.

The hon. Lady has rightly praised the magnificent Edinburgh festivals; of course, there is a great range of them. I was very lucky to speak at one of the fringe events in 2018. It was an amazing atmosphere, and it is a world-leading festival. The creative sector is a hugely important part of the UK’s economy; as the hon. Member for Manchester, Gorton (Afzal Khan) has touched on, it generates over £100 billion per annum, and those creative industries are growing.

Importantly, as I have said before in this Chamber when speaking from the Back Benches, this exchange of people and ideas is not just an economic issue, but very important socially and culturally. The Government are committed to that and recognise the role that international collaboration plays in our social, economic and cultural life. I am happy to meet with the hon. Member for Edinburgh North and Leith, the festival organisers or Equity to discuss these matters, and also to hear at more length the contributions that the hon. Member for Glasgow North (Patrick Grady) referred to in his letters. Perhaps he could expand on those.

Under the existing immigration system for non-EEA nationals, there are dedicated arrangements for creative individuals. Hon. Members have raised several points, which I will try to address. Artists, entertainers and musicians who come here as visitors to perform at events, take part in competitions or perhaps have auditions can come for up to six months. There is, of course, the permit-free festival list: several, although not all, of the festivals that have been referred to are on that list. It enables festivals to showcase international artists, entertainers and musicians such as the ones we have heard about. Exceptionally, those visiting performers can come to the UK for up to six months and be paid for their participation without needing formal sponsorship.

Celtic Connections, the Cheltenham festivals, the Edinburgh fringe festival, the Edinburgh international festival, the Edinburgh jazz and blues festival, the Hay festival, the Edinburgh tattoo, and WOMAD are all part of the permit-free festival list, which shows that the Government have listened and things have changed.

Deidre Brock Portrait Deidre Brock
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I appreciate that many of those festivals are part of that group, but does the Minister acknowledge that the list disadvantages much smaller festivals that do not have the capacity or funds to participate to the same extent as larger ones?

Seema Kennedy Portrait Seema Kennedy
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Of course, in all areas of life smaller organisations are always disadvantaged. However, because I am quite new to this role, I am not entirely sure whether an artist going to, for example, Celtic Connections could then go to a smaller festival in the ambit of those six months. Because I am not entirely sure, I will not give an answer; I will clarify by writing to the hon. Lady.

The current tier 5 creative and sporting route can be used by musicians, actors or artists. Some of those nationals can benefit from visa-free travel to the UK for up to three months if they get a certificate of sponsorship, and a 12-month working visa is also available. However, that generous offer must be balanced against the need to keep the country safe and secure.

We have visas for a reason: so that we can see who is coming in and out of the country. Last year, more than 2.3 million visitor visas were granted, which is an 8% increase on the previous year. People came for leisure, study or business visits. The service standard for processing a visit visa is 15 working days, and last year UK Visas and Immigration processed 97% within that target. Over the recess, I had the great pleasure of visiting UKVI and speaking to several colleagues who work there. I, too, pay tribute to them for their work.

The onus of a system of this scale is on the applicant to demonstrate that they satisfy the rules, but we want to carry on working as closely as we can with stakeholders to make sure that we are delivering an excellent service. This debate and the subsequent meetings that we will have are part of that. We need to preserve the integrity of our immigration controls.

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Deidre Brock Portrait Deidre Brock
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This has been an excellent debate. I really appreciate everyone’s contributions, including those of my hon. Friends the Members for Glasgow East (David Linden) and for Glasgow North (Patrick Grady). They gave excellent SNP support for the issue, although we will leave to one side their fantastical belief in the superiority of Scotland’s second city.

I also commend the hon. Members for Bristol West (Thangam Debbonaire), for Bristol East (Kerry McCarthy), for Cardiff West (Kevin Brennan) and for Manchester, Gorton (Afzal Khan) for their contributions. I welcome the Minister to her place. Her appointment is a relief, as there was a bit of delay between the previous Minister leaving and the present Minister arriving, to the dismay of a number of organisations that are anxiously waiting for developments in the brief. I welcome her offer of a meeting, and I will immediately set about co-ordinating that with a variety of the many interested parties straightaway.

As the Minister has heard from hon. Members, and from the many comments I mentioned from a wide range of organisations, despite the small amount of movement that we have seen, which is to be welcomed, numerous bodies are continuing to experience considerable difficulties. There must be improvement as soon as possible. I look forward to that meeting. I also very much hope that the Minister will take up the invitation from the Cabinet Secretary for Culture in the Scottish Government to the forthcoming summit on the issue, and particularly on visas for festival performers. I hope she will look out for the invitation in her mailbox. I thank all hon. Members for their contributions; this has been a very useful debate.

Question put and agreed to.

Resolved,

That this House has considered artist visas.