European Union (Notification of Withdrawal) Bill

Baroness Harman Excerpts

Committee: 1st sitting: House of Commons
Monday 6th February 2017 Commons Chamber

[Mr Harper]

I am grateful to the hon. Gentleman for trying to intervene, but I need to finish replying to the right hon. Lady before I can take his intervention. I am also conscious of the fact that I have only one more point to make after I have finished my points about EU nationals, and I want to give other Members the chance to contribute to the debate. [Interruption.] I am giving way to take questions. This is a debate, and I cannot both make rapid progress and give way to Members, so let me just answer the point that the right hon. Lady made. It seems to me that the Prime Minister and her Ministers are indeed dealing with other European members and trying to get this issue resolved, but that is clearly not being entirely reciprocated by other members. The approach has two stages: we need an agreement in principle that we want to guarantee those rights; and then there is also an awful lot of detail to be worked out. These matters are very complicated.

I wish to draw the House’s attention to what happened last weekend. As far as I can tell, looking from the outside, it seems to me that part of the reason for the mess the US Administration have got themselves into is that they produced an Executive order that was not very well thought through. They do not seem to have taken proper legal advice, so got themselves into trouble in the courts. There was an impact on British citizens, before the intervention of my right hon. Friends the Foreign Secretary and the Home Secretary resolved the matter. I do not want us to move precipitately without thinking things through.

I wish to give the House some examples that I think must be sorted out. First, the various amendments and new clauses refer to people who are lawfully resident in the United Kingdom under the existing treaties. People think that is straightforward, but it is actually quite complicated. Any EU national can come to Britain for any reason, for up to three months. If they want to stay here for longer than three months, they have to be either working, looking for work, self-sufficient or a student. If they are self-sufficient or a student, they are here lawfully only if they have comprehensive health insurance. We know from those people who have been trying to regularise their status, following the sensible advice from the right hon. Member for Leicester East, that many do not have that comprehensive health insurance so technically are not here lawfully at all. When we use these phrases, we need to be clear who we are granting the rights to, because people will not be aware of the complexity. If we are to give people clarity and certainty, we have to be clear about what we are doing.

Secondly, the national health service and healthcare are topical issues. We currently have a set of reciprocal arrangements with our European Union partners for people who are in those countries. We do not do the logging, administration and collecting of the money as well as they do. We want to ensure that that will work when we have left the European Union. I do not know where we will end up on that, but it is important.

Thirdly, in an intervention earlier I alluded to a point that must be thought about, because if we act hastily, we will come to regret it. At the end of March last year—these are the latest figures I was able to find—4,222 EU nationals were imprisoned in British jails. Under the EU prisoner transfer framework directive, we have the ability to transfer them when they are in prison, and when they come out we can start to take action to revoke their status in the United Kingdom. I want to make sure that in acting now we do not act hastily and make our ability to remove those people from the United Kingdom more difficult. I fear that the new clauses and amendments we are considering would not adequately deal with that issue, as was reflected in the answer from the shadow Minister, the hon. Member for Greenwich and Woolwich.

Finally, the Bill does one simple thing: it gives the Prime Minister the lawful authority to start the negotiation process. That is all it does. The Government have been generous in making available the time to debate that matter. The Bill does not need to be improved or amended in any way. I do not know which amendments and new clauses will be pressed to a vote, but I hope that I have set out some reasons why several of them should be rejected. If any of them are pressed, I urge the House to reject them.

[Ms Harriet Harman (Camberwell and Peckham) (Lab)]

I rise to support new clause 57, which was tabled in my name and the names of other members of the Joint Committee on Human Rights, with the support of right hon. and hon. Members from both sides of the House.

This is about 3 million people and their families—EU citizens whose future here has been thrown into doubt by the decision in June that the UK should leave the EU. There is nothing about the cloud of uncertainty that they now live under that is their own fault. If we accept the new clause, we can put their minds at rest and let them look to the future.

Members on both sides of the House will know the people whose lives we are talking about. Some, such as those from France and Spain, have been here for decades. They have children and grandchildren living here. They work in and are part of their local community. It is unthinkable that they would be deported and their families divided because we have decided to leave the EU. Let us put their minds at rest and assure them and their families that our decision to leave the EU will not change their right to be here. Their anxiety is palpable. We have all seen it in our advice surgeries. One of my constituents, an Italian woman, has been here for 30 years. She cannot work anymore because she is ill, and her residency rights are now at risk. People from countries that have more recently joined the EU, such as Poland, Romania and Bulgaria, are working in sectors that could not manage without them—in agriculture, care homes and our tourism industry. Employers in food production are already reporting more difficulty in getting the workers they need. That is happening now.

[Jeremy Lefroy (Stafford) (Con)]

New clause 57 was recommended by the Joint Committee on Human Rights. My constituent who is a consultant paediatric surgeon from Sweden approached me over the new year in a state of distress because he was not sure about his future status —this is someone who performs really valuable services for the people of the west midlands and at Birmingham Children’s Hospital. He had been advised that he should seek the services of an immigration lawyer, and that advice had come from his trust.

[Ms Harman]

The hon. Gentleman is absolutely right. There was plenty of other such evidence that came before us on the Joint Committee on Human Rights, of which he is a very valued member. This ongoing uncertainty around the status of EU residents here is allowing greater exploitation of vulnerable EU workers. Last week, appearing before the Joint Committee on Human Rights, Margaret Beels, chair of the Gangmasters Licensing Authority, said that she is receiving evidence that gangmasters are telling fearful EU workers that they cannot complain about not being paid or about being subjected to unsafe conditions because if they do they will be deported as they no longer have the right to be here. We are not whipping up fears, but understanding fears and seeking to address them. It is no good, I am afraid, issuing warm words; people need certainty. They work in every part of our private sector. They contribute to our creative industries; they are artists and musicians. They work in our public services. Anyone who has been in hospital recently will very likely have awoken to find a Spanish or a Portuguese nurse at their bedside. If anyone has an older relative in a care home, they are likely to see them being cared for by someone from eastern Europe.

[Sir Hugo Swire]

I have considerable sympathy with the point that the right hon. and learned Lady is making. We disagree on the fundamental point, which is that we should not do something unilateral here in the United Kingdom before we have agreement on our own residents in Spain and France and elsewhere, because we will potentially be undermining their position. No doubt they will be feeling the sense of vulnerability that she has just articulated about those living here.

[Ms Harman]

I disagree with the right hon. Gentleman’s conclusion.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

Is my right hon. and learned Friend aware that we also heard evidence in the Home Affairs Committee from groups representing the Polish community and other eastern European communities? They said that they had seen an increase in hate crime. They also said that extremists were exploiting the uncertainty and attacking people with phrases such as “Go home” and “Leave the country”. They said that the uncertainty that EU citizens felt made it harder for them to deal with these awful hate crimes.

[Ms Harman]

My right hon. Friend is absolutely right.

[Dr Philippa Whitford (Central Ayrshire) (SNP)]

I am sure that many MPs in this Chamber have also had constituents from the EU who have tried to seek security by applying for permanent residency, but who have been turned down and received “prepare to leave” letters. The right hon. Member for Forest of Dean (Mr Harper) mentioned comprehensive health insurance. There is no such thing. A person cannot get 100% comprehensive health insurance. Previously, the NHS was recognised for giving health cover. Why can this House not give these people security at this end, and not threaten to throw them out?

[Ms Harman]

I absolutely agree with the hon. Lady.

It is not just EU nationals and their families who are worried about the uncertainty hanging over them; so are the employers for whom they work. How will our NHS find the nurses we need if they seek work elsewhere for fear that they will not be allowed to stay? It is not as if we are training them ourselves. With the cuts to bursaries, the number of student nurses has fallen by 23% this year.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

I recently had a conversation with the chair and chief executive of the trust in my constituency, who said that Huddersfield Royal infirmary could not operate if it were not for young Spanish nurses. I also spoke to people at the London School of Economics who said that if the Europeans, who are good at maths and science, were to leave, 20% of the workforce of universities would go back home.

[Ms Harman]

My hon. Friend is absolutely right. We cannot say that we welcome them here to do such work, but use them as a bargaining chip in European negotiations.

[Dawn Butler]

My right hon. and learned Friend is being very generous with her time. Constituents have come to my surgeries in tears, fretting about what will happen to them and their jobs. Does she agree that it is not a British value to use people as bargaining chips in the negotiations?

[Ms Harman]

I absolutely agree with my hon. Friend.

[John Penrose]

rose—

[Ms Harman]

I will give way just once more.

[John Penrose]

The right hon. Lady is sending out a powerful message about British values and—this point is shared across the House—about giving certainty to EU nationals living here. May I press her, though, on the need to be careful not to send a message to British nationals living in the rest of the EU that they are somehow less important? Their concerns are equally valid and severely felt, and we are equally worried about what is happening to them. Are we not going to address or take account of any of those issues today?

[Ms Harman]

We simply cannot trade one off against the other like that. This is not an economic trade negotiation.

The new clause is quite simple. It would provide that the rights of residence of EU citizens who were lawfully resident here before the referendum decision on 23 June remain unchanged. We need the clause in the Bill because the Government have been sending out mixed messages, and the Prime Minister did so again in her statement today. On the one hand, she says that anyone who is lawfully here has nothing to worry about. On the other hand, she says that she cannot commit to giving them residency rights because their future must be part of the negotiations.

It is in no way right to use the lives of 3 million people and their families as a bargaining chip. They and their families are not pawns in a game of poker with the EU. They cannot be used as a human shield as we battle it out in Europe for our UK citizens in other countries. We must decide what is fair and right for EU citizens here, and then do it. I thought we were supposed to be taking back control. If the Government reject the new clause, EU citizens will be right to draw the conclusion that their rights to continue to live here could be snatched away if our Government do not get what they want for our UK citizens living in each of the other countries in the European Union.

The new clause is not only the right thing to do as a matter of principle; it is legally necessary. The Government cannot bargain away people’s human rights. The right to family life is guaranteed by article 8 of the European convention on human rights. If the Government bargained them away, EU citizens living here would be able to go to our courts and seek to establish their rights to remain under article 8. If even 10% of those here did that, there would be 300,000 court challenges. There is no way that our court system could begin to cope with that. I hope that the Government accept the new clause. If not, I urge hon. Members of all parties to support it in the Lobby.

[Sir William Cash (Stone) (Con)]

My right hon. Friend the Member for West Dorset (Sir Oliver Letwin), who was in the Chamber a short time ago, made an important point about new clause 3. When imposing legal requirements and duties on anybody—let alone the Prime Minister—one has be sure that those requirements are capable of being realised. My right hon. Friend the Member for Forest of Dean (Mr Harper) and other hon. Members have dealt comprehensively with the difficulties that arise from the part of the new clause that mentions laying

“periodic reports…on the progress of the negotiations”.

I think that case has been made.

Let me move on to the next part. The real problem is subsection (c), which would

“make arrangements for Parliamentary scrutiny of confidential documents.”

As Chair of the European Scrutiny Committee, I have had an enormous amount of trouble, over and over again, about documents that are marked as “LIMITÉ”. Although such documents are distributed, Parliaments other than the European Parliament are not allowed to refer to them because they are of a confidential nature. I have made it quite clear that I think some of this is overdone. However, to try to impose a legal duty on the Prime Minister to undertake to break the rules relating to limité documents is stretching a point to absurdity.