Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Diane Abbott Excerpts

2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons & Ways and Means resolution: House of Commons
Monday 28th January 2019 Commons Chamber

[Ms Diane Abbott (Hackney North and Stoke Newington) (Lab)]

This is an important debate, not least because issues around migration lay at the heart of much of the debate on Brexit. I would make the following point to Ministers. To the extent that they continue to confuse migration in general with the specific issue of freedom of movement, they are not helping the clarity of the debate.

During the recent debate on the European Union (Withdrawal Agreement) Bill, the Home Secretary said that he was

“determined to continue to have an immigration system that welcomes the very best talent from across the world, helping us to build an open, welcoming and outward looking post-Brexit Britain.”—[Official Report, 11 January 2019; Vol. 652, c. 700.]

If only that were the case. The truth is that the Bill, the immigration White Paper and the accompanying media narrative play to some of the very worst aspects of the Brexit debate. In the process, the Bill risks doing irreparable damage to business, the economy and society.

[Angela Smith (Penistone and Stocksbridge) (Lab)]

On the basis of what my right hon. Friend has just said, with which I very much agree, can she confirm that the Labour Front Bench will vote against the Bill tonight?

[Ms Abbott]

I can only thank my hon. Friend for her helpful intervention. She will have to wait for me to complete my remarks.

Let me quote:

“The new immigration system must command public confidence and support the economy. These proposals would achieve neither. The proposals don’t meet the UK’s needs and would be a sucker punch for many firms right across the country”.

Who said that? It was not a Labour MP but the Confederation of British Industry.

One example of how the Government, far from seeking the best talent, will potentially make it harder for industry and the public sector to recruit the best talent is the suggested salary threshold that the Home Secretary has put out to consultation. He has spoken about

“focussing on high skilled migration not low-skilled migration”.

But he is actually proposing an income-based system. It would allow derivative traders, private equity investors and merchant bankers in, but it would exclude nurses, social care workers, scientific researchers and many more. Salary is not a proxy for the level of skill, and a salary-based immigration system will not work for incentivising high-skilled migration. For example, many science research roles have starting salaries of around £22,000, and the 1% pay cap imposed on the public sector has held down wages in public sector science in particular. A salary threshold is wrong in principle and setting it at £30,000 would have an extremely damaging impact on science and public services.

The Home Secretary has pointed out that a salary threshold currently applies to non-EEA migrants, but we would argue that we should not be levelling down at this stage, but assuring fairness all round.

[Mr Chris Leslie (Nottingham East) (Lab/Co-op)]

I read my right hon. Friend’s article in the Morning Star on Saturday, which said that “The…Tory Immigration Bill will deepen the exploitation of workers.” We are not abstaining on the Bill this evening, are we?

[Ms Abbott]

I am grateful to my hon. Friend for quoting from my article in the Morning Star. I am not sure if that is the first time he has read that paper, but I will expand further on that issue in my remarks.

I now turn to the very serious issue of the proposal for new 12-month visas. Nowhere is this flouting of the right to family life more blatant than in the case of the proposed new category of temporary workers. They will only be allowed to come here for 12 months at a time, without the right to bring their families, and perhaps then be deported. Do the Government not realise that their 12-month visas will be attractive only to the most desperate workers? It will potentially lead to huge churn in the workforce, and create a category of second-class workers with no rights who are open to unscrupulous exploitation in the growth of the informal economy.

We oppose the creation of a two-tier workforce. That would have the effect, which some incorrectly claim freedom of movement does, of lowering wages and rights for all. Workers should have rights as workers and not be prey to some of the most unscrupulous employers. There is a genuine need for temporary workers in a certain number of sectors, such as agriculture and some aspects of the hospitality industry. We appreciate that the Government are piloting a new seasonal agricultural workers scheme, but there is no requirement for this type of insecure temporary work to become the norm across the economy. It should not become enshrined in a widely cast law.

Let me turn now to the flimsy nature of this proposed legislation. This may be one of the flimsiest pieces of proposed legislation on a major issue that I, and many others, have ever seen. Worse than that, it is supplemented by a whole slew of Henry VIII powers that the Government and the Secretary of State intend to grant to themselves. It is easy to demonstrate just how undemocratic those powers are. The Government claim they are a tidying up exercise and no new powers will be granted or exercised. However, our current immigration system is so untidy that it has the capacity to ruin lives—indeed, it frequently does ruin lives. If this were a Labour Government attempting to grant themselves these powers, we would be denounced for making a constitutional power grab and mounting a coup, to coin a phrase. We will be opposing the assumption of these sweeping powers without tying them to specific policies. We will not be offering a blank cheque, which the Government can redeem at any time they are in trouble and are tempted to whip up anti-migrant sentiment as a distraction. We on the Labour Benches also say that the Government need to accept the recommendations of the Law Commission. We need to simply and clarify our existing immigration system first before changing anything in relation to EU citizens here.

Moving on to the question of freedom of movement, the Labour party is clear that when Britain leaves the single market, freedom of movement ends. We set that out in our 2017 manifesto. I am a slavish devotee of that magnificent document, so on that basis the Front Bench of the Labour party will not be opposing the Bill this evening.

[Several hon. Members rose—]

[Ms Abbott]

I remind Members that I have spent almost all my political career trying to help individuals deal with the excesses of an unfair immigration system. They would not be amused by seeing and hearing Members turn that into some kind of parliamentary game.

The Labour party reserves the right to reconsider its position on this proposed legislation when it comes out of Committee. There is no question but that freedom of movement can work. My parents came in the 1950s when there was effectively freedom of movement between the United Kingdom and the colonies. More recently, freedom of movement has worked well for key industries in the UK such as science, telecoms, heritage, aviation and the public services—in particular, the NHS. For many young people in particular, the removal of freedom of movement will be an absolute loss.

The Home Secretary risks being accused of complacency on the subject of EU citizens. There is still a great deal of concern among EU citizens about what the reality of the registration system will be and about whether the Government are equipped to register millions of EU citizens effectively, and there is uncertainty among not just EU citizens themselves but their employers.

[Mr Kenneth Clarke]

I am very grateful to the right hon. Lady for giving way. I do not wish to launch any type of personal criticism of her, as she has actually been making an extremely coherent, root-and-branch criticism of the Bill, and she has an excellent record on these things. The problem is that we are meant to be debating whether this House of Commons should approve the Second Reading of a Bill. She has denounced it from beginning to end but says that the official Opposition do not intend to vote against it. That makes the proceedings quite absurd.

The right hon. Lady is in the same position as the Home Secretary, who could think of no reason why any group coming under existing EU law should be reduced, except that we have to say that we are against freedom of movement. All the right hon. Lady can say to explain her Front-Bench colleagues’ extraordinary decision—I suspect it was not hers—is that they must be seen to be saying that they are against freedom of movement. That is no way to legislate, and it demeans her speech.

[Ms Abbott]

I am loth to disagree with the Father of the House, but he will be aware—more than any other Member, because he has been here longer—that this is not the end of our deliberations on the Bill. As has happened many times before, we will see how it is amended in Committee before we take a decision on how we vote on Third Reading, which will be the end of the deliberations.

One thing we hope will be addressed when the Bill goes into Committee is indefinite administrative detention. I was a Member of Parliament when immigration detention as we now know it was introduced. When some of us queried the lack of due process surrounding it, we were told not to concern ourselves because people would be detained for only short periods immediately prior to being deported. Now we have a monstrous system where people are held in administrative detention for a year or more. Ministers insist that detention is not indefinite, but if someone is in a detention centre, cut off from their friends and family, with no idea when they will be released, it certainly feels like indefinite detention to them.

It has long been my view that we should end indefinite detention, and the Labour party’s commitment to ending it was set out clearly in the 2017 manifesto. I welcome the fact that Members on both sides of the House are coming round to that point of view. One can only hope that the Bill is amended along those lines in Committee.

[Anna McMorrin (Cardiff North) (Lab)]

Will my right hon. Friend give way?

--- Later in debate ---

[Ms Abbott]

Before I bring my remarks to a close, I have a few questions to ask Ministers. First, in the event of a no-deal Brexit, when will the Government actually implement the Bill and repeal free movement? Does the Secretary of State accept that there is some lack of clarity about the position of Irish citizens? [Interruption.] Conservative Members are laughing about the position of Irish citizens, but Irish citizens have come to Opposition Members to express their concerns about the current lack of clarity.

[Anna McMorrin]

Will my right hon. Friend give way?

[Ms Abbott]

Will the automatic deportation regime imposed by the UK Borders Act 2007 also now apply to Irish citizens? Do the Government accept that ending free movement for EU citizens would also end free movement for other groups of UK workers, including UK scientists, and limit their ability to work on pan-European research projects? Do they accept that, unless each EU country legislates otherwise, British citizens travelling to EU countries will be immediately treated as third country nationals, so they will lose their free movement rights?

[Several hon. Members rose—]

[Ms Abbott]

In conclusion, the Home Secretary said in the debate on the withdrawal deal:

“Concern over uncontrolled immigration from the EU was a major factor in the decision to leave the EU.”—[Official Report, 11 January 2019; Vol. 652, c. 698.]

Who whipped up that concern? Could it have been the political party that introduced completely bogus immigration targets—targets that have never been met, were never intended to be met and were just a vehicle for anti-immigrant sentiment and targets that the current Home Secretary seems unwilling to stand by? Could it have been whipped up by the “Go home” vans? I saw them driving through my constituency in east London, and I have to tell the Home Secretary—in case he is not aware—that they represent a low point in our migration policy, having been designed to intimidate and strike fear into the hearts of people who were here perfectly legally.

Or was the concern whipped up by the introduction of the hostile environment? I would be the first to say that some of its elements were introduced under a Labour Government, but the majority were brought in post 2010, when the current Prime Minister was Home Secretary, and I voted against the legislation. As a consequence of the hostile environment, sick people were denied cancer treatment, which horrified the public when they read about it for the first time, and people were evicted from their homes because they could not get the benefits they were entitled to. People were detained—I met women detained under the hostile environment on my visit to Yarl’s Wood last year—and deported, and people who had gone home to the Caribbean for a holiday—

[Sajid Javid]

rose—

[Ms Abbott]

I give way to the Home Secretary.

[Sajid Javid]

The right hon. Lady will know that the historical review of what has been known as Windrush shows that almost half those affected were under a Labour Government. This Government have apologised for their role. Does she want to take this opportunity to apologise on behalf of the previous Labour Government for their mistakes?

[Ms Abbott]

The Home Secretary knows perfectly well that I never voted for those aspects of Labour policy, and I made the point that some of the aspects of the hostile environment, particularly in relation to the health service, were introduced under a Labour Government.

[Marsha De Cordova (Battersea) (Lab)]

Does my right hon. Friend agree that the Home Secretary should not be trying to score political points on what is quite a serious issue and that it is not for her to apologise for what a past Labour Government did? We are talking about what this Government have done in relation to the Windrush scandal and the hostile environment policies they introduced.

[Ms Abbott]

Rather than trying to score the political points, the public would want the Home Secretary to move much faster in sorting out the Windrush scandal and to look further into its effects, because persons from the Caribbean were not the only Commonwealth cohort affected. Unless the Home Secretary moves faster and with more will, other cohorts of persons from all parts of the former British empire will be treated in the way in which the Windrush persons were treated.

[Anna McMorrin]

Will my right hon. Friend give way?

[Ms Abbott]

Above all, the consequence of the Windrush scandal was that a whole generation of people who came here after the war to what they thought of as the mother country, to rebuild that mother country, were humiliated and degraded. I think that that generation and their relatives and friends would appreciate a more serious contemplation of this issue in the House tonight.

[Anna McMorrin]

Will my right hon. Friend give way?

[Ms Abbott]

Finally, let me say this. Migration has been a question for heated debate in this country over the decades. The Bill represented an opportunity for us to start to build a fairer immigration system across the board.

[Anna McMorrin]

On that point, will my right hon. Friend give way?

[Ms Abbott]

We will wait to see how the Bill emerges from Committee, but I say to Ministers who are sitting there smirking that literally millions of people in this country have been detrimentally affected by poor immigration legislation—not just under this Government, but under previous Governments—and want to see reform. We will not be supporting the Bill tonight, but we will be watching to see what emerges from the Committee stage.

[Several hon. Members rose—]