European Union Citizenship

Jeremy Lefroy Excerpts

Wednesday 7th March 2018 Commons Chamber

[Ben Lake]

I thank the hon. Lady for her intervention, although I fear that perhaps she mistakes the point I was making. Perhaps I was not clear enough: I am discussing the rights of UK citizens and their ability to travel to Europe to work and to live. The issue is not freedom of movement; I am talking about a system that people would be able to opt into, but that they could also opt out of.

It is entirely possible to pursue associate EU citizenship for UK citizens, and there are ample precedents from which such a scheme could draw. The hon. Member for North East Fife (Stephen Gethins) has just mentioned Greenland, and my hon. Friend the Member for Arfon (Hywel Williams) mentioned the experience in Ireland. Perhaps Members would like to look into the interesting situation of the citizens of some of the Crown dependencies in the Channel Islands, where there is a bespoke and unique relationship. I suppose the point I am making is that it is a matter of political will. When it comes to negotiations, there is a way to ensure that benefits are afforded to everybody equally.

[Jeremy Lefroy (Stafford) (Con)]

The hon. Gentleman is making a strong case. Currently, young people—indeed, everybody—in the UK can go without a permit to work in 30 other countries: the 27 other EU countries and three of the European economic area countries. After we come out the EU, the number will be zero. A French person of the same age will still be able to go to 29 different countries. What a difference in rights and opportunities that is.

[Ben Lake]

I am most grateful to the hon. Gentleman for his intervention. He makes an important point about unnecessarily limiting the horizons of UK citizens. That is the point I am trying to make, and I wholeheartedly agree with him.

As I mentioned, this is perhaps not a legal issue but more a question of political will. The will of the public—in particular, their support for such a measure—is quite clear. As my hon. Friend the Member for Arfon mentioned in his opening remarks, according to research led by the London School of Economics and Opinium in July 2017, of those Britons asked, six out of 10 wanted to keep their EU citizenship after Brexit, and they particularly wanted to keep the rights to live, work, study and travel within the EU. Support for the retention of those rights is particularly strong among 18 to 24-year-olds, of whom 85% want to retain their EU citizenship in addition to their British citizenship.

In October 2017, a further report was published by the LSE on youth perspectives and priorities for the Brexit negotiations. Focus groups revealed widespread fear and frustration. Prime among young people’s concerns were questions regarding the loss of their EU benefits, including their ability to gain access to educational programmes, opportunities to work and travel in Europe, and rights that they have once they are there.

Ceredigion, the constituency that I have the honour of serving, was one of the handful of Welsh areas that voted to remain. Indeed, prior to the referendum, Ceredigion was widely reported to be one of the most Europhile counties in the whole United Kingdom. To put it bluntly, my constituency did not support leaving the EU and most certainly did not give any Government a mandate to deny its citizens the rights and freedoms that membership of the EU ensures, or, as the hon. Member for Stafford (Jeremy Lefroy) said, a mandate to limit their horizons and opportunities in comparison with citizens of other European states.

As has been mentioned, the question of the future status of the rights bestowed on UK citizens by EU membership will not disappear; rather, it will grow in both prominence and importance as negotiations progress. A lot has been made of the clarity, or lack thereof, of EU law on the status of the rights of UK citizens after we have left, but I wish to draw attention to international law. European law and its founding treaties may offer a clear interpretation one way, but the reverse is equally clear in international law. If anything, the 1969 Vienna convention on the law of treaties means that it is incumbent on both the UK and the EU to address this matter of future status urgently, for even if article 70(1)(b) of the convention is interpreted in such a way that the withdrawal of a member state from the EU extinguishes the rights of individuals created by the founding treaties, international law would still require that a treaty is agreed on the future status of such rights.

Associate European citizenship is a model that the UK Government could adopt and pursue. As well as affording UK citizens the ability to continue to enjoy the rights and freedoms they currently do, it would safeguard the dormant rights of younger generations, and, perhaps most importantly of all, grant generations yet to be born the same opportunities from which those of us present here today have been able to benefit.

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[Drew Hendry]

Yes, I would indeed. It is a list to which I could, if I had the time and perhaps the patience of Mr Deputy Speaker, add many more words that highlight that connection. [Interruption.] I am being encouraged to go for it, Mr Deputy Speaker, but I will move on.

That is the kind of place Scotland is and the kind of Scotland we want to live in. Our European identity and our shared values with the EU are very much at the heart of that. It is important to reflect that, during the referendum on the EU, 62% voted to remain in the EU and there was a majority to remain in all Scottish local authority areas, yet European Scots face not only the economic and social impacts of Brexit, but losing their European identity. A colleague of mine in the European Parliament, Alyn Smith, said:

“So what does Scotland have right now? Scotland has been an integral part of the EU for almost 50 years, a status that we now face losing. We are represented at every stage of the EU’s activities. The recreation, in 1999, of the Scottish Parliament and the formation of a Scottish Government gave Scotland a far stronger voice within the EU, and has allowed the people of Scotland to find Scottish solutions for Scottish problems and design a society that reflects our needs. This has led to Scotland showing how very European it really is. We stand alongside the rest of Northern Europe by not privatising healthcare, encouraging the development of renewable energy and not charging our citizens for higher education.”

[Jeremy Lefroy]

These rights are held dear not just in Scotland, but throughout the UK. Clause 41 of Magna Carta states:

“All merchants may enter or leave England unharmed and without fear, and may stay or travel within it, by land or water, for purposes of trade, free from all illegal exactions, in accordance with ancient and lawful customs.”

For trade, this goes back not just to the Bill of Rights, but to Magna Carta.

[Drew Hendry]

I thank the hon. Gentleman for his intervention, and for pointing out that the situation looks as though it would have been easier in the time of Magna Carta than it will be if we lose our European citizenship. However, I want to reflect on the highlands and our relationship with European citizenship.