EU Nationals in the UK

Eilidh Whiteford Excerpts

Wednesday 6th July 2016 Commons Chamber

[Andy Burnham]

That is precisely my position. Those people came here when they were legally entitled to do so and are contributing to our society. Absolutely, they should be allowed to stay. I am amazed that that is not the hon. Gentleman’s position as well.

The clearest explanation of the Government’s position came from the Minister for Immigration on Monday:

“It has been suggested that the Government could now fully guarantee EU nationals…the right to stay, but that would be unwise without a parallel assurance from European Governments regarding British nationals living in their countries”.—[Official Report, 4 July 2016; Vol. 612, c. 607.]

I want to take the House through the logic of that position and what it means in practice. Effectively, the Government are saying that if, in the course of negotiations, Britain was unable to secure the rights of British nationals living abroad, it would consider sending home EU nationals in retaliation. Let me put it another way: the Government are willing to put the lives of millions of people living here in limbo, and also the lives of their dependants, to secure the position of people who have chosen to make their life elsewhere. How can that be right? I have to say to the Government that this is not good enough.

Yesterday, we had an expansion on the Government’s position from a spokesperson, who said this:

“At last night’s meeting of the 1922 committee Theresa was very clear about the position of EU nationals in Britain, and argued that it was equally important to consider the rights of British nationals living abroad”.

I am all in favour of the UK Government doing all they can to secure the rights of UK nationals living in the rest of Europe, but it should not be at the expense of the security of families who are living, working and paying taxes here. The effect of this position is to prioritise British nationals living abroad at the expense of those living here, and I cannot defend that. I would argue that the best way for our Government to strengthen the position of British nationals living abroad is to make a decisive unilateral move now to secure the rights of those from other countries who are living here. Surely that would build the trust and good will that have been sorely lacking in the aftermath of the Brexit vote.

There is no reason at all why this issue needs to get mixed up in the negotiations with Europe. It was this Government’s decision to make these 3 million people an issue in the negotiations, and it is entirely within the gift of the UK Government to remove this uncertainty today and commit to changing the immigration rules. Although I understand the Minister’s argument that giving status to anyone who is already here before the UK formally leaves the UK could be an incentive for others to come here, he could easily fix that by making it clear that those with the right to stay have to have been resident in this country before 23 June, referendum day. It is very simple; a national insurance number would prove it. According to international convention, people should not have their rights retrospectively eroded. Does it not follow that people who have made a life here, which was perfectly legal for them to do, should not have the rug pulled from underneath them?

There is another more serious implication of the failure to take away the uncertainty. It will create the conditions for the climate of hostility that we have seen since the referendum to continue, and with it the potential for abuse and violence. That is not something that any Home Secretary or Home Office Minister should put his or her name to. If the Government’s formal position is that they might in due course ask people to go home, it can only give encouragement to those who wish to stir up division and hatred in our communities.

[Dr Eilidh Whiteford (Banff and Buchan) (SNP)]

Does the right hon. Gentleman agree that it is quite wrong for the Government to use these people as pawns either in the Brexit negotiations or in the Tory leadership contest?

[Andy Burnham]

I could not agree with the hon. Lady more. That is exactly how these people feel. There have been quotes in the papers from people saying that that is the feeling they have been left with. Many of those who work in our NHS, our schools and our universities can go and work elsewhere, and some of them are highly sought-after individuals. If we do not send a clear message to them, others will.

--- Later in debate ---

[Dr Eilidh Whiteford]

rose—

[Margaret Ferrier (Rutherglen and Hamilton West) (SNP)]

rose—

--- Later in debate ---

[James Brokenshire]

I am spoiled for choice, but I will give way to the hon. Member for Banff and Buchan (Dr Whiteford).

[Dr Eilidh Whiteford]

More than 4,000 EU nationals live in my constituency and do essential jobs in our NHS and our schools. They also work in our private sector and play a critical role in our fish processing sector. The Government’s failure to offer reassurance on the future status of those EU nationals is causing not only distress but huge economic uncertainty. Will the Minister take this opportunity to guarantee that those already living and working here will have the right to stay?

[James Brokenshire]

I will come on to the points that the hon. Lady raises, but I recognise the contribution that so many EU citizens make to many aspects of our life and economy, as well as the issues that she highlighted such as the fishing industry in Scotland.

--- Later in debate ---

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

The day after the referendum, Scotland’s First Minister directly addressed nationals of other EU states, telling them,

“you remain welcome here, this is your home and your contribution is valued.”

It was a simple but powerful statement, and one that was warmly welcomed. Indeed, it was echoed today by the shadow Home Secretary. Like that statement, this motion has our full support.

In contrast, the Home Secretary’s comments were gravely misjudged, causing apprehension where there did not have to be any, and creating uncertainty when she has the power to provide clarity. What makes the situation all the more frustrating and ridiculous, for reasons I will come to, is that it seems blindingly obvious that EU nationals will be able to remain here as and when—and indeed if—Brexit occurs. But people need to hear that loud and clear from the Home Secretary. She must put that beyond any doubt.

On Monday, Members on both sides of the House united to tell the Home Secretary to do just that, and I have no doubt that the same will happen today. The same arguments, based on both simple common decency and plain common sense, remain overwhelming and unanswerable.

We have heard already, as we will hear again today, about the friends and family, the colleagues and the constituents from other member states who are now uncertain about their future. We have also heard, as we will hear again today, about the valued staff, the key personnel and the vital public service workers from other EU countries whose future now seems uncertain. It is utterly unacceptable to expect people to live their lives with such uncertainty. It is a disgraceful way to treat our EU citizens.

On Monday the Minister expressed genuine sympathy with many of those arguments, and it is abundantly clear from what he has said that he wants to get us to a position whereby EU citizens can and will remain in the country. Sympathy and expressions of hope, however, are not enough. Clarity and reassurance now are essential, and they can and should be delivered.

The reasons offered by the Government for refusing to provide that clarity are absurd and bizarre. On Monday the Minister was unhappy—he is unhappy again today—at the use of terms such as “bargaining chip”, but he himself said that securing the status of EU migrants in the UK, alongside that of UK citizens in the EU,

“needs to be part of the negotiations.”—[Official Report, 4 July 2016; Vol. 612, c. 616.]

That sounds exactly like a bargaining chip, because that is what it is, as his own hon. Friends have said. It is because the rights of EU citizens are being used as bargaining chips that the Government are not guaranteeing them.

That is as absurd as it is wrong and unethical, because it is a rubbish bargaining chip. How credible is it for the next Prime Minister to tell EU states, “If you don’t give us what we want, we’ll cut off our nose to spite our face, and if we don’t get the deal we are demanding, we’ll attempt to destroy ourselves by withdrawing rights from friends and loved ones, colleagues and neighbours”? The shadow Home Secretary and, indeed, the Chair of the Foreign Affairs Committee have already skewered the logic of that tit-for-tat approach.

[Dr Eilidh Whiteford]

Does my hon. Friend agree that the best way to protect the rights of British citizens living in other parts of the EU is to give a simple reassurance that EU nationals living here will have their rights protected?

[Stuart C. McDonald]

I absolutely agree with my hon. Friend. It is not a complicated matter. If we cannot persuade the Home Secretary on the grounds of common decency or common sense—that sometimes happens in immigration debates, unfortunately—perhaps we can appeal to her self-interest by gently pointing out to her that she is, unusually, making a fool of herself by taking this approach.

I genuinely believe—I certainly hope—that I am not being naïve in saying that I do not for a minute believe that the Government are realistically even contemplating removing rights from millions of EU migrants. I think that all hon. Members know that and I think that the Minister knows it; he did everything he could on Monday to hint at it without saying so explicitly. What is more, the European Commission, other member states and everyone else involved in negotiations know it, too. Sadly, the only people who really matter in all of this—the EU nationals themselves—do not know it, because the Home Secretary is not saying it and the climate that they are living in tells them the opposite. The Home Secretary needs to fix that now.