Stephen Gethins Portrait Stephen Gethins
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Not at the moment.

The lack of respect for the devolved Administrations, and the promises that were made and subsequently broken during the independence and EU referendums have led us to the situation we are in today. During the independence referendum, we were told that the only way Scotland could guarantee remaining part of the EU was to vote against independence. We were told that the only way to bring in powers over immigration was to vote to leave the EU—more costly and broken promises. That is why the First Minister is right to be looking at the electoral mandate that the SNP was given last year to hold another independence referendum.

The Government may not be big on manifesto commitments, but the SNP is. The SNP was returned to power with the largest number of votes since devolution was established, with 47% of the constituency vote, compared with a Tory Government who have brought us to this situation with 36% of the vote in the UK and less than 15% of the vote in Scotland.

Let me move on to EU nationals. This is critical. We must not forget the human element of this.

Joanna Cherry Portrait Joanna Cherry (Edinburgh South West) (SNP)
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My hon. Friend is talking about the human element for EU nationals. On Friday afternoon, my constituent, Diemanta McDuff, a Lithuanian, attended my surgery in hysterical tears, saying that the uncertainty caused by this Government and this Parliament is making her feel worse about her personal situation in Britain than she did in Lithuania under the Soviets. [Interruption.] Those are the words of a constituent. Does my hon. Friend agree that this Parliament should be ashamed to be causing such uncertainty?

Stephen Gethins Portrait Stephen Gethins
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I thank my hon. and learned Friend for raising that point, which is important. Many of us have listened to EU nationals, who contribute so much financially and culturally and who would be a loss to this country—to the whole of the UK. Therefore, I am not sure why the Government cannot give us what we seek.

--- Later in debate ---
Mark Harper Portrait Mr Harper
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That point is very well made and it leads me on to my next point. There is another group of EU nationals, who are unlike those we have already been talking about, whom we all want to protect and are here working and contributing. A significant number—although they are only a small percentage—of EU nationals in Britain have broken the criminal law. There are 4,500 EU nationals in prison. They are legally resident in this country. Lords amendment 1 would mean that when they were released from prison after they had served their sentence, it would be very difficult for my right hon. Friend the Home Secretary, who is sitting on the Front Bench, to remove their right to stay in this country and deport them to their home country, which is what I want us to do. I would like us, as a country, to be more generous to those who come here to work, contribute and study, but to be less generous to those who come here to break our laws and violate the welcome we give them and the trust we place in them. I do not want to fetter the hands of Ministers in doing that. The amendment is poorly drafted and does not provide that reassurance, so I ask the House to reject it.

The final thing I shall say about EU nationals relates to the point made by the hon. and learned Member for Edinburgh South West (Joanna Cherry). I listened carefully to what she said about her Lithuanian constituent—I hope her constituent will forgive me, but I did not catch her name. I hope that when she was talking to her constituent, the hon. and learned Lady was able to reassure her by explaining the clear assurances that the Prime Minister of her country has placed on the record about wanting to make sure that people like that constituent are able to stay.

Joanna Cherry Portrait Joanna Cherry
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Will the right hon. Gentleman give way?

Mark Harper Portrait Mr Harper
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I hope the hon. and learned Lady is able to confirm to the House that she said that.

Joanna Cherry Portrait Joanna Cherry
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I am very happy to confirm exactly what my constituent said, as the right hon. Gentleman has brought it up. She cannot apply for permanent residency because she does not have comprehensive sickness insurance. I advised her that the Exiting the European Union Committee, on which I serve, has asked the Government to rectify that matter and that, as yet, they have not done so.

Mark Harper Portrait Mr Harper
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I am pleased that the hon. and learned Lady made that point. Had she listened to my remarks, she would have heard me say that there are constituents who thought they were here legally, but who, because they do not have comprehensive health insurance, are not actually legally resident. As drafted, Lords amendment 1 would not provide such people with reassurance. I said that, as a former Immigration Minister, I would be minded to be generous to constituents like the hon. and learned Lady’s, which is why I want a deal and for my right hon. Friend the Home Secretary to introduce immigration legislation to sort out the situation. The amendment would do no such thing, and people should not mislead anyone by telling them that it would. My hon. Friends should reject it.