European Union (Withdrawal) Bill

Earl of Clancarty Excerpts

Committee: 7th sitting (Hansard): House of Lords
Wednesday 14th March 2018 Lords Chamber

[The Earl of Clancarty (CB)]

My Lords, I strongly support the amendment in the name of the noble Lord, Lord Puttnam, spoken to so ably by the noble Lord, Lord Stevenson, as well as the amendment in the name of the noble Lord, Lord Wigley. Both noble Lords have set out very well why the creative industries are hugely important for the country, economically and in terms of soft power—and, I would add, in the potential growth of employment in the sector, not just in London but across the whole country, particularly in the area of creative tech.

As has been explained, the sector now faces many serious concerns in the light of Brexit. I will highlight just one: the mobility of the workforce. This concern runs like a thread through the briefings I have received. It is one that affects many who work in the arts and in creative industries, including those who run their own small business. This is not just about creatives coming into the UK but about British artists and creatives journeying into Europe—a direction that is to some extent being overlooked. Europe, as the noble Lord, Lord Puttnam, has said, accounts for 45% of the market.

The potential loss of free movement is the greatest concern of many of the arts, and prompted the #FreeMoveCreate campaign to be set up last year by fine artists and musicians, namely the Artists Information Company and the Incorporated Society of Musicians, but joined now by a wide membership that includes the Creative Industries Federation and the British Fashion Council. That campaign has been gathering data from the industry, specifically about present patterns of movement, which will help the Government to understand precisely the extent of this concern.

The creative industries are naturally collaborative and internationalist in outlook. They are unlike the traditional industries in one key respect: people themselves are an essential aspect of the product. Whether we are talking about artists, musicians, fashion designers, creatives in film and television or creative tech, including video games and advertising, it is absolutely essential that the British creative industries have physical access to the rest of Europe. Free movement of personnel, more than in any other industry—43% of those in the creative industries are self-employed, rising to 90% for musicians—is a crucial element of the creative and, indeed, digital industries as a whole.

It cannot be overestimated how much that movement must be free. Flexibility and the need for rapid response are key aspects of the creative industries, with British musicians, dancers and fashion models, for example, often needed immediately on the spot, a plane’s flight away. Ad hoc visits with work found and taken up abroad are also hugely significant, particularly for the self-employed. As #FreeMoveCreate says, the time taken to secure a visa is lost work, and if every three months, for example, an artist had to turn down a performance or an exhibition to secure an ongoing visa permission, that could cause a major loss in income, or indeed the loss of a project.

Artists and creatives make multiple journeys abroad, move while in Europe and often individually work on many projects. Multiple visas, work permits and tax forms will not be a solution. Have the Government looked carefully at the effect of Brexit on the self-employed, who will often work for many different larger organisations or clients abroad? At present it is simple: their EU passport is their work permit, with the only thing required being their A1 certificate demonstrating the payment of national insurance contributions. Any kind of delay or paperwork additional to what is normal within the EU could kill this work, since UK workers will be immediately at a disadvantage.

The allied concern is that of the movement of equipment, including instruments, sets, costumes and much else, which has to be transported across borders as quickly as it is now without red tape. Finally, we are not necessarily talking about short periods of time abroad. As an example, a placement with an orchestra could last for years.

The recent House of Commons DCMS committee report on the potential impact of Brexit on the creative industries makes the recommendation that,

“the Government should seek to retain free movement of people during any transitional period after the UK formally ceases to be a member of the EU … If the visa system is to change subsequently, an intensive and detailed process of consultation with all those affected will need to begin as soon as possible”.

I hope that the Government are taking very careful note of this, alongside the many other recommendations in that report.

[Baroness Bonham-Carter of Yarnbury (LD)]

My Lords, I rise to add my support to the amendment in the name of the noble Lord, Lord Puttnam, and wish him a speedy recovery. I also speak to the amendment in the name of the noble Lord, Lord Wigley. May I add my thanks for the way in which recent Governments of all hues have got the point of the creative industries and their importance? In my case, it was the late Matthew Evans, Lord Evans of Temple Guiting, who was a Labour Government Minister when I first entered this House. He encouraged me to support and put down debates and Questions on the creative industries—something that I duly did and continue to do. I also add my appreciation for everything that the noble Baroness, Lady Jowell, and the right honourable Ed Vaizey have done to support the sector.

However, their good work and prescient strategy now risk unravelling. To get to the substantive point of Amendment 146, without some form of reciprocal agreement with the remaining EU member states, our creative and cultural sectors will, as the noble Lord, Lord Puttnam, has said, suffer terrible economic and cultural damage. It is absolutely essential that, as well as being at the heart of the Government’s industrial strategy—which they are—the creative industries are at the top table of Brexit negotiations.

As the noble Earl, Lord Clancarty, and the noble Lord, Lord Puttnam, have said, many things are crucial to the continuing success of the creative industries—country of origin, IP legislation and collaboration, portability and funding. For example, the British Film Institute distributes around £50 million per annum in lottery funds, but Creative Europe contributes a further £13 million, which would potentially go. Another crucial issue is freedom of movement, which is access not just to international talent, as others have said, but to much-needed skills. Also crucial are the ability for touring performers to cross borders with minimum red tape; design law; and protection from the EU’s cultural exception rules.

Supporting this vital, vibrant sector is of paramount importance to our economy, to our country’s sense of itself and to our place in the world. Our rich history of cultural exchange must be maintained within Europe. Unless the interests of the creative industries are protected, leaving Europe will be a disaster for a jewel in the crown of our nation. I hope the Minister will accept the amendment.