European Union (Withdrawal) Act Debate

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Department: Home Office

European Union (Withdrawal) Act

Diane Abbott Excerpts
Friday 11th January 2019

(5 years, 10 months ago)

Commons Chamber
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Diane Abbott Portrait Ms Diane Abbott (Hackney North and Stoke Newington) (Lab)
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I thank the Home Secretary for his remarks. This is probably the most important debate that the House of Commons will engage in in this generation. It is easy to get lost in the parliamentary tactics and the technocratic detail, but this is actually a debate about the future of this country and what sort of Britain we want to be. It has become an excessively polarised debate, particularly in recent weeks, so I want to stress, for Opposition Members, that we are committed to honouring the referendum vote and, more than that, that we understand what moved so many millions of our fellow citizens to vote for Brexit. I just make the point that we should not be excessively polarised.

Mike Gapes Portrait Mike Gapes
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My right hon. Friend says that we are committed to honouring the referendum vote. Does she mean that we will support Brexit even if it damages the very communities that we as Labour Members of Parliament represent?

Diane Abbott Portrait Ms Abbott
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I would like to thank my hon. Friend for his helpful intervention. Actually, the position of the Labour party was set out in the manifesto on which both he and I campaigned, and we are committed to a jobs-first Brexit that will not harm our economy. I repeat: we want to honour the referendum vote.

I remind the House that I will not take lectures from the Home Secretary on the iniquities of the EU. I have an immaculate record of voting against all measures of further EU integration. In fact, I remember very clearly voting against the vital clauses in the Maastricht treaty. The reason why I remember it is that at that time both Front Benches were in support of the Maastricht treaty, and those of us who wanted to vote against it had to stay up to the middle of the night to cast our votes, so I remember it very clearly. He should not lecture this side on what is problematic about the EU.

We campaigned in the referendum on remain and reform, and we do not resile from the fact that there are aspects of the EU that needed reform. Opposition Members do not want to see an excessively polarised debate. However, we are now resuming the debate after the longest parliamentary interruption in modern times, and Government Members ought to be a little embarrassed about this long interregnum in the debate and the fact that, even at this late stage, it seems that they will have great difficulty in getting their deal through.

I will deal with the issues that the Home Secretary has raised, but first I want to deal with issues of safety and security, because there is an argument that there is no more important a responsibility for the Government of the day than securing the safety and security of the United Kingdom. The Home Secretary will be aware that just this week two former MI6 and defence chiefs went on the record urging Conservative MPs to vote against this deal because it threatens national security. I put it to the Home Secretary that ex-heads of MI6 and ex-defence chiefs might know a little bit more about security than the Home Secretary or even myself.

Peter Heaton-Jones Portrait Peter Heaton-Jones (North Devon) (Con)
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Will the right hon. Lady give way?

Diane Abbott Portrait Ms Abbott
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I want to make some progress with this part of my speech but I will give way in due course.

We believe that this deal treats the issue of safety and security with a degree of recklessness. As it stands, this deal would potentially abolish the complex and highly effective co-operation that has been established between this country and other members of the EU in the areas of freedom, justice and security. It will constitute an ultra-hard Brexit in each of these areas, and could have severely negative consequences in all of them.

A long list of vital security and policing tools will be lost under this agreement. As matters stand, the European arrest warrant will go, along with real-time access to the Europol database. There is as yet nothing to allow access to Schengen Information System II or the existing Eurojust co-operation to continue. There is also no agreement to ensure that this country’s systems will be regarded as adequate for data protection, which would block mutual database access. On migration, there is a continuing lack of clarity about the extent to which the UK will continue to co-operate with the EU on the common European asylum system, which is relevant because future co-operation will now need to go beyond tackling only irregular migration. All these failures will have severe consequences for policing, security co-operation, and key areas of freedom and justice.

Currently, our police and security agencies across Europe can access one another’s data in real time to monitor the movement of drug and people traffickers, organised criminals and terrorists. The serial failings of this Government mean that large parts of this arrangement may well go if we vote for this deal.

Bernard Jenkin Portrait Sir Bernard Jenkin (Harwich and North Essex) (Con)
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Near the beginning of her remarks the right hon. Lady prayed in aid the former head of MI6, Sir Richard Dearlove, and the former Chief of the Defence Staff, Lord Guthrie. But they want to leave the European Union without this agreement. They do not support what she is saying, but she seemed to be linking their names with what she is saying. That would be misleading if it were her intention, but I am sure that it was not.

Diane Abbott Portrait Ms Abbott
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I am sorry if the hon. Gentleman does not think that I was clear. I agree with what Sir Richard Dearlove and Lord Guthrie have said about security. I am not attempting to link their views to anything else I may say in this speech.

Peter Heaton-Jones Portrait Peter Heaton-Jones
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Unfortunately, not everybody does agree with that viewpoint. In fact, Lord Ricketts—the former national security adviser—has said on Twitter in the last few minutes:

“The claims in this letter are nonsense. Our intelligence links with the US have nothing to do with the EU and we’d be unaffected by the deal.”

I think I would rather believe Lord Ricketts than the right hon. Lady.

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Diane Abbott Portrait Ms Abbott
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I am not asking the House to believe me. I am simply drawing to the attention of the House what former heads of MI6 and defence chiefs have said. It is for the House to weigh up what value it gives to the opinion of those gentlemen.

Sajid Javid Portrait Sajid Javid
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Perhaps it would help if I responded to that remark as well. I have a great deal of respect for Lord Guthrie and Sir Richard Dearlove, but on the particular issue in this letter, they are wrong. There is nothing in this deal that changes our relationship with NATO, with our US allies as intelligence partners or with our wider “Five Eyes” partners—nothing at all.

Diane Abbott Portrait Ms Abbott
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First, much of that has not been decided; it is part of the future political framework. Furthermore, it is for the House and the public watching this debate to decide what weight they give to the opinions of former heads of MI6 and former defence chiefs. The point I am making is that it seems to me that the Home Secretary has been a little careless in his assurances around security and the safety of the nation, and it is at least debatable whether this deal gives us the assurance we need.

Nigel Huddleston Portrait Nigel Huddleston
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The right hon. Lady mentioned data and adequacy. I am sure that she is well aware that the UK leads the world in this area, and we are highly confident that we will be adequate—in fact, more than adequate—because the EU has followed many of the things we have led, rather than the other way round. Rather than spread fear, perhaps she can have confidence that the UK will lead and continue to lead in these areas.

Diane Abbott Portrait Ms Abbott
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I appreciate that the hon. Gentleman is speaking in good faith, but I went to Brussels with colleagues before Christmas, and the key stakeholders on issues of security there were clear that the position that we are in at this point—without a security treaty—is highly problematic. It may be that we lead the world on data security at this point, but we have to give the type of assurances that the EU will accept if we are to have any chance of continuing co-operation in the future.

Many of the operational treaty functions in these areas—security and the safety of the realm—derive solely from our membership of the European Union. Labour believes that it is the height of irresponsibility to abandon these arrangements without any plan or, in some cases, any possibility of replacing them. Much of this problem arises from the Prime Minister’s own red lines—for example, her insistence on removing the jurisdiction of the European Court of Justice without providing an alternative. Any warrant needs oversight and the possibility of judicial appeal. The Prime Minister must have known that when she made it a red line; she was irresponsible if she did not know that.

All along Labour has upheld six tests that any deal would have to meet in order for us to vote for it. The fifth of these tests is: does it protect national security and our capacity to tackle cross-border crime? I put it to the Treasury Bench that, on the basis of what we know, this deal will not necessarily protect national security and our capacity to tackle cross-border crime. On those grounds alone, we believe that the Prime Minister has failed to meet this test. This deal is not even close. The Prime Minister and this Government have delivered only a hard Brexit on security, justice, police and freedom. On that basis, Labour will not be voting for it.

I turn to the question of immigration because all the polling shows that concerns about migration were an important factor for people voting to leave, so it is very important as we go forward in negotiating Brexit that we deal with these issues coherently and fairly, in a way that is not designed to excite public passions and that, above all, is in the best interests of society, the economy, jobs and business. I am afraid that Labour Members do not believe that that is what the Government are currently doing.

The Government have finally produced an immigration Bill of sorts—the Immigration and Social Security Co-ordination (EU Withdrawal) Bill—but what does it say? Actually, it says very little. Front and centre of this Bill is a declaration that freedom of movement will be ending, but the Government have not told us what will replace it. This matters, because, as I have said, immigration is a key issue. It was an important issue before, during and after the June 2016 referendum. Those on the Treasury Bench may not think that, but millions of our constituents do, and millions of our constituents are anxious that we get this issue right.

Beyond the purely declaratory ending of freedom of movement—which, under the Government’s plan, ends anyway—is it true that the promised clampdown on net migration is really coming? The reality is that the White Paper offers no such promise. Instead it is replete with assurances that businesses large and small will be able to maintain, or even increase, their access to labour from overseas. There are literally dozens of these assurances, so there is a possibility that all those who voted leave to reduce or even end net migration will be disappointed.

When we debate the Bill next week, we will have a number of questions for the Home Secretary.

Neil Coyle Portrait Neil Coyle
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Does my right hon. Friend agree that when the Government say that people voted on the basis of immigration, actually for many people immigration was a proxy for the pressure that eight years of austerity measures—six years at that point—had put on public services? People felt that they could not get to see a GP on time or get into hospital due to pressure on the NHS. Does she agree that that is why people felt that somehow immigration was a cause of concern for them and their families?

Diane Abbott Portrait Ms Abbott
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I do agree. Very often, when people raise concerns about migration, it is a proxy for other concerns. None the less, the Government have a responsibility to make proposals on migration that are good for society, good for business, and good for our economy.

On the question of EU citizens, the Home Secretary has given a number of assurances, but we have not heard so much about EU citizens and their families. There can be no question but that the process of registering over 3 million EU citizens could well be problematic. On the basis of the immigration and nationality directorate’s record in the past, there must be some concern.

Luke Graham Portrait Luke Graham (Ochil and South Perthshire) (Con)
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The right hon. Lady said that there has been a lack of clarity in respect of EU nationals’ families, but actually there have been a number of statements by Government that have clarified the rights that people have to go back to their families to Europe and to bring their spouses and children over. It is not a lack of clarity but merely a lack of reading by the right hon. Lady.

Diane Abbott Portrait Ms Abbott
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It is that tone that has done so much to damage people’s good faith on where the Government are going on this issue. I have met lawyers who specialise in these issues and EU nationals who have concerns around these issues. There is no question but that very many EU nationals still have very real concerns about the process and about their families and dependants. Rather that adopting that tone, the hon. Gentleman would be better advised to speak to EU nationals and find out their concerns for himself.

Luke Graham Portrait Luke Graham
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I am sorry, but I have spoken to a number of my constituents who are EU nationals. I have fought to get them passports. I have made sure that their rights are heard. I hear them every single week. I have had people in tears in my office. Because of the clarity of the information given, I can help those constituents, fight for their rights, and secure their place in the United Kingdom. I want a quality debate, and so do our constituents, so let us stick to the facts, not the fiction.

Diane Abbott Portrait Ms Abbott
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I am glad that the hon. Gentleman is keeping up with his casework. However, if he talked to organisations that represent EU nationals as a whole and to lawyers nationally who deal with these issues, he would know that there is still too much that is not resolved—above all, the capacity of the immigration and nationality directorate to process over 3 million EU nationals effectively.

Caroline Nokes Portrait The Minister for Immigration (Caroline Nokes)
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I want to reassure the right hon. Lady on this. As she will know, the EU settled status scheme has been in its pilot beta testing. We have completed both phase 1 and phase 2, and phase 3 will open on 21 January. That is absolutely because we want to make sure that it works for these individuals and that we can give them the reassurance they need before we require to have the system open. In every major IT programme, as she will know only too well, it is much better to go through a testing process than to launch it straightaway. I want to reassure her, in case she had missed it, that that is exactly what we are doing.

Diane Abbott Portrait Ms Abbott
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I am aware of the testing process. I am aware of the issues that have arisen. I am also aware that the testing process has involved people who are volunteers taking part. The challenge will arise when the mass of EU migrants choose to go through that process. I will remind the right hon. Lady, in the months to come, about her complacency about her system.

Christian Matheson Portrait Christian Matheson (City of Chester) (Lab)
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I am most grateful to my right hon. Friend for giving way. Can I just assure her that I will speak to her with respect and not the patronising tone used by the Minister? Further to what has been said, and particularly to the comments of the hon. Member for Ochil and South Perthshire (Luke Graham), every single statement that the Government made on the way that their proposal was to be implemented was contradicted by a further statement from the Government either in this House or outside in the press. If there was any confusion in the minds of EU citizens, was not the problem caused by Ministers contradicting themselves?

Diane Abbott Portrait Ms Abbott
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I am grateful to my hon. Friend. Yes, one of the problems was Ministers contradicting themselves. I repeat that in the months to come, I will be reminding the Minister about her complacency about this system. I would remind her also that this is not just a matter of to-ing and fro-ing in the House of Commons—it is about people’s lives, people’s families, and people’s security. It is also about businesses concerned about what is going to happen to valued employees. We need to move beyond point-scoring and address the people who will suffer if this system does not function—[Interruption.]

Neil Coyle Portrait Neil Coyle
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On the people affected, is it not true that there is already a 300,000 backlog at the Home Office of people waiting for decisions even before EU citizens are added to that queue? Is it not a fact that the Prime Minister accused EU citizens working in and contributing to our country of queue-jumping? In cheerleading the end of freedom of movement, are not the Government sticking two fingers up at the 60 million British people who wish to travel and work in the 27 other EU member states and who will lose out under this Government’s plans?

Diane Abbott Portrait Ms Abbott
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I thank my hon. Friend for his intervention. As he says, there is already a backlog of people wishing to test this system. If I were on the Treasury Bench, I would be a little more humble about the possibilities of that system. This is about real people’s lives, and businesses have concerns about how it will work.

In my lifetime, the thinking and public debate about migration has largely moved forward. It says something about that forward movement that the two people who face each other across the Dispatch Box this morning are both the children of migrants, even if they come from diametrically opposed political positions. The concern with the heated and toxic debate around Brexit and migration is that that general debate might go backwards, not forwards. Indeed, people who have seen the scenes outside the House of Commons this week and in the past would do well to be concerned about the possibility of that debate going backwards. We have seen unpleasant scenes and attacks on Members of Parliament going about their business, on journalists, and even a black policeman was abused by those Brexit campaigners. We must be mindful to have a debate that moves forward and does not look back or excite passions, and that at all times acknowledges the important role that migration has played—and hopefully will continue to play—in building this country. In its efforts to pander to certain elements of the British electorate, the House at least must maintain a respectful and serious debate about migration.

On EU migrants, I repeat that from what we know about the immigration and nationality directorate from advice surgeries and individual case loads, there must be doubt about its capacity to process more than 3 million people speedily and efficiently. I remind the House of the concerns about security and the safety of the realm among stakeholders such as the former heads of MI6 and defence chiefs, and those in Brussels. I do not know whether Conservative Members have had occasion to go to Brussels and talk to stakeholders and commissioners, but if they have done so they will be aware of the very real concerns.

Whether on migration, EU migrants, or safety and security, Labour does not believe that this deal meets the tests we have set out. We regret that there has been such a huge break in this debate, but it has now resumed and Labour Members are saying that we will not be voting for the deal. It is wholly dishonest to say that the choice is between this deal or nothing—wholly dishonest. We will not vote for this deal. We believe that the country deserves better, and that the deal does not engage with the serious issues of security and migration that it needs to address. We will go through the Lobby to vote down this deal, and I only hope that those on the Treasury Bench have a plan B.

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Jo Stevens Portrait Jo Stevens (Cardiff Central) (Lab)
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I will be voting against this deal. Based on the substantial number of my constituents who have contacted me about this vote, it seems I will be doing so with their overwhelming support—nearly 95% of them have urged me to vote against. We are now a month on from when this vote should have taken place—a month that has achieved nothing, much like the last 932 days since the narrow outcome of the referendum. It was an advisory referendum, not a binding one. It was a referendum that disenfranchised more than 4 million people, one in which no 16 or 17-year-old was allowed to vote and no EU citizens living here and working here—they are part of the fabric of this country and society—were allowed to vote. The ballot asked just one question—whether to remain or leave. It did not ask how we should leave, nor what should happen afterwards.

And 932 days on, we now know, because we have facts, that the referendum was drenched in illegality by both the Vote Leave and the Leave.EU campaigns. We know that electoral law was broken, that campaign spending limits were breached and that impermissible foreign donations came through online platforms. We have those facts from the Electoral Commission and the Information Commissioner, and, following the work of those regulators, investigative journalists and our Select Committee on Digital, Culture, Media and Sport, which has spent a year painstakingly investigating widespread evidence, the National Crime Agency is investigating Arron Banks, the largest political donor in UK history, and senior figures of the Leave.EU campaign, because there are reasonable grounds to suspect that Banks was not the true source of £8 million in funding to the Leave.EU campaign. That is important—it should not be dismissed as sour grapes—because it raises really serious concerns, which this Government have deliberately chosen to ignore, about the legality and the validity of the referendum outcome.

I voted against triggering article 50. In my speech in that debate, I said that the former Prime Minister, David Cameron, had behaved recklessly in his approach to the reform negotiations at the EU, and that he was

“a man who put himself and his party before the national interest, and who gambled our country’s safety, future prosperity and long-standing European and wider international relationships to save his party and his premiership from imploding”.—[Official Report, 31 January 2017; Vol. 620, c. 895.]

He failed miserably.

Two years on, I regret to say that those words, and those actions, can equally be applied to the current Prime Minister. This whole period has been an exercise in how not to negotiate. Of all the ironies, yesterday’s desperate phone calls by the Prime Minister to some trade union leaders—who are professional, expert negotiators from whom she could have learned so much—were the first contact she has made with them.

Diane Abbott Portrait Ms Abbott
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Does my hon. Friend share my surprise that it has taken two and a half years for this Government to reach out to trade unionists and other key stakeholders?

Jo Stevens Portrait Jo Stevens
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I absolutely agree with my right hon. Friend: it is astonishing. The refusal to work not just with the TUC and the unions but with Opposition Members to develop a negotiating strategy that would secure a deal in the interests of the whole of the UK and each of our four constituent nations has been grossly negligent. The strategy has not been one of strong leadership. Stubbornness and failure to listen and to engage are the hallmarks of weak leadership, and they have led this country into this complete mess.

The best course of action for the country’s future stability, economy and security would, of course, be to revoke article 50. I suspect that there are very many colleagues across the House who would privately accept that but who do not feel that they could openly commit to supporting revocation at the moment. However, there is no majority in this House or the country for no deal. In the absence of that, or a general election and change of Government, the right course of action must be to ask the electorate what they now think. I know that is what the majority of my constituents want, in the absence of revoking article 50. Nearly 90% of those who have contacted me have told me that. I know this because I have been asking them for their views since 2016, and they have been giving them to me. Every published poll in the past six months also confirms that.

People are allowed to change their minds. The referendum result in 2016 was not a result in perpetuity. In the words of one of the Government’s former Brexit Ministers: “It’s not a democracy if you can’t change your mind.” In Wales, we would never have had devolution and the creation of the National Assembly had we not had a second referendum, in which people did change their minds.

I will finish on this point. All the irresponsible, dangerous and inflammatory talk that we have heard in recent months about civil unrest, riots and treachery if we vote down this deal next week and have a people’s vote has to stop. Every time I come into this Chamber, I look at Jo’s shield and think of her bravery and determination during her time here, and what she must have faced in those final moments confronted by extreme right-wing violence. We cannot allow a small minority of fascist thugs to undermine our democracy. They are using Brexit for the advancement of their far-right ideology, and we all have to oppose it.

In the vote next week, each of us will make our own judgment as to what is right in the interests of our constituents and our country. I am very clear about what I feel is right, and I will vote against this deal.