EU Nationals in the UK

Debate between James Brokenshire and Baroness Stuart of Edgbaston

Wednesday 6th July 2016 Commons Chamber

[James Brokenshire]

I understand the right hon. Lady’s point about certainty, and we want to give certainty at the earliest possible opportunity, but it is not as straightforward as she suggests for the reasons I have already mentioned. Of course conversations have taken place at different levels of government with other member states, and clearly we want to see that this certainty is provided for British citizens in EU member states as well as for EU citizens here. That is why I make the point about this being a priority. But we should not pretend that this is a straightforward task. There is a range of practical, financial and legal considerations. As part of this work, the Government will need to consider the range of circumstances of those who could enjoy these protections, and the form of the protections. For example, an EU student who has embarked on a higher education course might have differing requirements to an EU student who has just graduated from university and is looking for work.

This issue is not simply about the immigration status of an individual. Under free movement law, EU citizens’ rights are far broader than just the right to reside in the UK. There are employment rights, entitlements to benefits and pensions, rights of access to public services, and rights to run a business, which are so closely aligned with the right to provide cross-border services, as well as the ability to be joined by family members and extended family members, in some cases from countries outside the EU. Of course, under current arrangements these rights extend to European economic area and Swiss nationals, who are not in the EU. They all need to be considered, and we must remember that people do not have to register with the UK authorities to enjoy basic EU rights to reside. We will need to work out how we identify fairly and properly the people who are affected.

[Ms Gisela Stuart (Birmingham, Edgbaston) (Lab)]

It is of course possible to make life exceedingly difficult, and that is what the Immigration Minister is trying to do. Will he listen to what my right hon. Friend the Member for Leigh (Andy Burnham) said, which was very straightforward: on EU citizens’ rights to residency, we acknowledge that whatever rights they had on 23 June they have now, end of story?

[James Brokenshire]

Obviously, I hear the desire for that simplicity, but it is not as straightforward as the right hon. Lady would like to present. She might reflect on some of the themes I have highlighted, because it is important that we get this right, not just for now, but for the years to come. It is about getting the right deal—the fairest deal—for those who are here, and that is what we remain committed to doing. There will need to be detailed and painstaking work examining each of these rights and the different circumstances in which people find themselves, to ensure that there are no unforeseen or unintended consequences. That work will be led by the Europe unit based at the Cabinet Office, which will work in close consultation with all Departments with an interest.

It is important for the House today to underline to EU nationals that they continue to be welcome in the UK. Alongside the statements made by the Prime Minister that there will be no immediate changes in the circumstances of EU nationals, the Department for Business, Innovation and Skills has published guidance for EU students to provide additional reassurance to those who are about to embark on a course.

EU Nationals: UK Residence

Debate between James Brokenshire and Baroness Stuart of Edgbaston

Monday 4th July 2016 Commons Chamber

[Ms Gisela Stuart (Birmingham, Edgbaston) (Lab)]

To ask the Secretary of State for the Home Department if she will make a statement on the legal status of EU nationals residing in the United Kingdom in the event of the United Kingdom’s leaving the European Union.

[The Minister for Immigration (James Brokenshire)]

EU nationals make an invaluable contribution to our economy, our society and our daily lives. They should be assured that, as the Prime Minister and the Home Secretary have repeatedly said, there will be no immediate change in their status in the UK. The Prime Minister has made it clear that decisions on issues relating to the UK’s exit will be for a new Prime Minister. I am therefore not in a position to make new policy announcements this afternoon.

The discussions that we have with the European Union to agree the arrangements for the UK’s exit will undoubtedly reflect the immense contribution made by EU citizens to our economy, our NHS and our schools, and in so many other ways; but they must also secure the interests of the 1.2 million British citizens who live and work elsewhere in the EU.

The Home Secretary was clear yesterday when she said that we should seek to guarantee that the rights of both groups were protected, and that this would be best done through reciprocal discussions with the European Union as part of the negotiations to leave the EU. It has been suggested that the Government could now fully guarantee EU nationals living in the UK the right to stay, but that would be unwise without a parallel assurance from European Governments regarding British nationals living in their countries. Such a step might also have the unintended consequence of prompting EU immigration to the UK.

It is in the best interests of all for the Government to conduct detailed work on this issue, and for the new Prime Minister to decide the best way forward as quickly as possible. In the meantime, let me stress that EU nationals continue to be welcome here. We have seen some truly abhorrent hate crimes perpetrated against EU nationals in the past week or so, and we will not stand for attacks of that kind. They must be, and will be, tackled in the strongest possible terms.

EU nationals can have our full and unreserved reassurance that their right to enter and to work, study and live in the UK remains unchanged, but to pre-empt future discussions at this point would risk undermining our ability to protect the interests of EU and British citizens alike, and to secure the best outcome for both.

[Ms Stuart]

I hate to teach the Minister about British constitutional organisations and structures, but ours is a Cabinet Government structure. Irrespective of whether Prime Ministers decide to leave, the Cabinet can still make decisions.

May I point out to Ministers that people are not bargaining chips? It is deeply offensive to assume that this country retrospectively changes the rights of its citizens. It is a duty of Government to allow people to live their lives and to make arrangements and predictions. We have 3 million EU citizens in this country, and 1.2 million British people live in the EU. They have a right to expect the Government to make clear statements.

The Minister may have read a letter to The Sunday Telegraph in which Members of Parliament, including my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper), the hon. Member for Clacton (Mr Carswell) and the right hon. Member for Hitchin and Harpenden (Mr Lilley), Frances O’Grady of the TUC, Simon Walker of the Institute of Directors, and Sunder Katwala of British Future—the Co-op is also concerned—say that it is the duty of this Government to state clearly and unequivocally that any EU citizen here will maintain and continue to enjoy the rights that they have acquired. Anything else would represent a failure of the Government to protect their people and future obligations. The Minister may also be aware that the House of Lords is far from happy with the Government’s position. Will he do the right thing now and not turn people into bargaining chips and not worry about what might happen in future but at this moment stand up and say that we honour human rights, that EU citizens have made an important and valuable contribution that will be honoured and that those who are here will continue to be here?

[James Brokenshire]

I entirely understand the basic premise of the right hon. Lady’s point, which is that we should seek to reassure EU nationals here in the UK and British citizens in other EU countries. On that broad premise, we are not poles apart. The question is about how we achieve that objective, which raises several complex issues. She will understand that we are talking about not only the right to reside, but employment rights, the right to study, entitlement to benefits, access to public services, and the ability to be joined by family members.

This is not, as the right hon. Lady seeks to characterise it, about viewing people as bargaining chips in some way; it is about getting the best possible outcome for EU citizens who are here and for the 1.2 million British citizens who are elsewhere in the European Union. The Government are absolutely focused on getting the best possible solution through discussions with the European Union. She and other EU nationals who are here and contributing to our society can be assured that that is absolutely at the forefront of what we are seeking to achieve in the negotiations that will follow.

Clandestine Migrants (Harwich)

Debate between James Brokenshire and Baroness Stuart of Edgbaston

Monday 8th June 2015 Commons Chamber

[James Brokenshire]

I recognise and support the need for detention as part of a removals policy, and IRCs play an important role in ensuring that that takes place in a safe manner. Obviously, we are concerned to ensure that detention in an IRC is for the most limited period possible and that appropriate welfare is provided, but it is absolutely right that we have our IRCs to do the job on facilitation and removal.

[Ms Gisela Stuart (Birmingham, Edgbaston) (Lab)]

Given that these were intelligence-led operations, may I return to John Vine’s comments about Border Force? His concerns were that too many staff with long experience have been lost and that although we may have the numbers, these people are not sufficiently experienced. Will the Minister return to the issue to satisfy himself that that is not happening?

[James Brokenshire]

The success of Border Force is clear to see, with more than 39,000 attempts to cross the channel illegally having been stopped in 2014-15. Indeed, its successful work last week underpins its activity. We continue to strengthen the security at our border to stop those who have no right to enter the UK, and our highly trained staff in Border Force are doing that precise job.