European Union (Notification of Withdrawal) Bill

Debate between Joanna Cherry and Mark Harper

Ping Pong: House of Commons
Monday 13th March 2017 Commons Chamber

[Mr Harper]

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]

Will the right hon. Gentleman give way?

[Mr Harper]

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

[Joanna Cherry]

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.

[Mr Harper]

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.

European Union (Notification of Withdrawal) Bill

Debate between Joanna Cherry and Mark Harper

3rd reading: House of Commons & Committee: 3rd sitting: House of Commons & Report stage: House of Commons
Wednesday 8th February 2017 Commons Chamber

[Joanna Cherry]

I will make some progress and then I will take some more interventions, perhaps from people who have not yet spoken.

The Scottish Government have made a proposal, and we are waiting for it to be taken seriously. The signs that the compromise put forward by Scotland will be taken seriously by the Government and, indeed, by this House have not been promising so far this week. Not a single amendment to the Bill has been accepted, despite the numerous amendments tabled by all sorts of different groups of Members, many with significant cross-party support. Even yesterday, when the Government were forced into announcing a significant concession, they were extraordinarily reluctant to commit that concession to writing. We all know that it is because they do not want to amend the Act: they have fought tooth and nail through the courts and in this House to avoid the sort of scrutiny that those of them who seek to leave the European Union have been trumpeting for years. They tell us how fantastic this wonderful, sovereign mother of Parliaments is, but we are berated for having the effrontery to attempt to amend a Bill. It is preposterous.

[Mr Harper]

Will the hon. and learned Lady give way?

[Joanna Cherry]

No, I will not give way. We heard ample from the right hon. Gentleman the other day.

This Bill is being railroaded through this House with scant regard for democratic process. Here is an example: on Monday, when we were debating the proposals that concerned the devolved Administrations, including Scotland, only one of my hon. Friends got to speak. When I attempted to double that tally, I was told to sit down, shut up and know my place. I do not mind being insulted and affronted in this House, but what people need to remember is that it is not just me; it is the people who elected me who are being insulted and affronted when I am prevented from speaking about proposals on which my name appears.

Government Members are extraordinarily relaxed about the effect this sort of thing has on Scottish public opinion. I do not know whether they take the Herald newspaper—it is rather difficult to get hold of in the House of Commons—but if they do, they will see that today’s headline is “Support for independence surges on hard Brexit vow” .

[Joanna Cherry]

No, I will not.

Backing for a yes vote in another independence referendum has risen to 49% on the back of the hard Brexit vow, and that is when no referendum is even on the table and we are still seeking our reasonable compromise. Hon. Members should make no mistake—it gives me great pleasure to say this—that the barracking by Government Members and the preventing of SNP MPs from speaking in this House play right into our hands and result in headlines saying that support for independence is surging.

[Mr Harper]

On a point of order, Mrs Laing. On Monday, I spoke about the amendments on devolution arrangements. I seem to remember that I took many interventions, including from the hon. and learned Lady. She was not, therefore, prevented from speaking; indeed, I seem to remember that the person in the Chair at the time—[Interruption.]

--- Later in debate ---

[Joanna Cherry]

I am very grateful, Mrs Laing, for your clarification. Indeed, I am speaking early today, because I am leading for the third party in this House, and it is my right to speak early in the debate.

[Mr Harper]

rose—

[Joanna Cherry]

The right hon. Gentleman is terribly anxious to make an intervention. In order to put him out of his misery, I would very much like to hear what he has to say now.

[Mr Harper]

I am very grateful to the hon. and learned Lady. She was waxing lyrical about the importance her party places on Gibraltar, but when I was listening to the evidence from the Chief Minister of Gibraltar, he was rather more committed to the continuance of the United Kingdom than the Scottish National party, which does not seem to be committed to it.

[Joanna Cherry]

That is called democracy. The people of Gibraltar vote for parties that wish to remain part of the United Kingdom; the people of Scotland vote for parties that wish to be independent—that is a statement of fact. I am very happy to endorse Gibraltar’s right to self-determination—just as I am happy to endorse Scotland’s, or indeed any nation’s, right to self-determination.

European Union (Notification of Withdrawal) Bill

Debate between Joanna Cherry and Mark Harper

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

[Mr Harper]

I completely agree with the hon. Lady, which is why I am pleased that the Prime Minister, in her statement today and on a number of other occasions, has made it clear that she wants to reach an early agreement, and has been seeking to do so, with our European partners. But, in leading our country, the Prime Minister has to look to the interests of British citizens, as well as to the interests of citizens from other EU countries who are here. She does not serve the interests of British citizens by putting the interests of EU nationals ahead of them.

[Joanna Cherry (Edinburgh South West) (SNP)]

The right hon. Gentleman is courteous in giving way. I am a member of the Exiting the European Union Committee, and a few weeks ago we heard evidence from several British nationals living in Spain, Germany, Italy and France. They were members of representative organisations for British nationals, and every single one of them said that they felt that the other member states would reciprocate if the UK Government made a unilateral guarantee of the rights of EU nationals living here. Has he taken that evidence into account?

[Mr Harper]

I have, and the hon. and learned Lady has now put it before the House, but the problem is that I have not seen any evidence to support that view. If I listened correctly to what the Prime Minister was saying, it sounds as though a number of European member state Governments are indeed of that view, but clearly more than one are not—or at least they are not now. Therefore, it is sensible to get this right.

There is another thing that Members of this House ought to be doing, and this picks up on the point made by the right hon. Member for Leicester East (Keith Vaz). There are already several mechanisms through which EU nationals who have lived in the UK for some time can sort out their residency status on a permanent basis. Rather than scaremongering and whipping up concern, hon. Members would do well to put that information in front of their constituents in order to reassure them.

[Joanna Cherry]

The point that these British nationals living abroad made was that the British Government put this matter on the table—they put the rights of these people at issue—so they should take the lead by guaranteeing the rights of EU nationals living in the UK, and then other member states would follow suit. Those are not my words but the words of British nationals living abroad. What does the right hon. Gentleman have to say to that?

[Mr Harper]

I go back to the premise of the hon. and learned Lady’s question; it was not the British Government who made this decision, as it was the decision of the British people—

[Joanna Cherry]

It is the same thing—

[Mr Harper]

No, with the greatest respect, it is not the same thing. These issues have arisen and there is a question about the rights of EU nationals and British citizens because the people of the United Kingdom decided that we were going to leave the EU. That is not a decision of the Government—

--- Later in debate ---

[Mr Harper]

I hope the hon. Gentleman will forgive me—I am sure my colleagues on the Government Benches will find this slightly repetitive—but he said that the people of England voted and I must point out that that is not the case. There was a United Kingdom referendum, one of two referendums over the past few years, both of whose outcomes I respect. There was a vote by the people of Scotland to remain in the United Kingdom, so it therefore follows that the referendum on the United Kingdom’s membership of the EU was a UK decision. It was a single vote and the UK decided to leave the EU. Scotland did not have a separate decision; it was a UK decision. I respect both referendums and I am going to proceed on that basis.

[Joanna Cherry]

Perhaps I can help the right hon. Gentleman to understand where Scottish National party Members are coming from. During the Scottish independence referendum, the leader of the Conservative and Unionist party, Ruth Davidson, told Scottish voters that the way to guarantee their EU citizenship was to vote to remain part of the UK. He enjoyed a cosy little exchange a moment ago about the First Minister allegedly misleading people, but it is clear that the leader of his party in Scotland misled voters during the independence referendum. Would he now like to take the opportunity to apologise for that misleading statement?

[Mr Harper]

I would not. The leader of the Conservatives in Scotland—I am pleased to say that she is the Leader of the Opposition in the Scottish Parliament and the latest opinion polls are showing Conservative support rising and Labour support falling—campaigned strongly both for the maintenance of the UK and for the UK to remain in the EU. I was disappointed by the latter result, as was she, but I do not think she misled anybody and therefore I do not feel the need to apologise.

[Joanna Cherry]

rose—

[Mr Harper]

I have taken the hon. and learned Lady’s intervention and I will now make some progress.

--- Later in debate ---

[Mr Harper]

I have one more new clause to talk to and then I will sit down.

New clause 109 talks about the provisions of the Good Friday agreement, and other agreements agreed between the UK and Ireland. It lists a whole load of issues. It seems to me that the free movement of people, goods and services and so forth on the island of Ireland and citizenship rights are not guaranteed by membership of the EU. In previous legislation, such as the Ireland Act 1949, it is clear that citizens of the Republic of Ireland and citizens of the United Kingdom have reciprocal —the word “reciprocal” is important—arrangements to live in each other’s countries and to vote in each other’s countries. Irish nationals in Britain can vote in our elections. If we were to go to live in the Irish Republic, we could vote in theirs. Those arrangements will be preserved when we leave the European Union. The new clause is unnecessary.

[Joanna Cherry]

I am very disappointed to hear that the right hon. Gentleman is coming to the end of his contribution, because, judging from the communications that I am receiving from constituents and voters in Scotland, every word he says is putting our vote through the roof and greatly increasing the cause of a second independence referendum. I urge him and those around him please to continue in the same vein, as it is doing us the world of good.

[Mr Harper]

Based on the Twitter trolling that I receive, I suspect that most people contacting the hon. and learned Lady would already have supported the nationalists in the first place. With the successful campaigning efforts of my friend, the leader of the Scottish Conservatives, it seems that those of a Unionist disposition in Scotland are very much moving to support the Conservative party in Scotland, which is why she is the Leader of the Opposition there.

Parliamentary Constituencies (Amendment) Bill

Debate between Joanna Cherry and Mark Harper

2nd reading: House of Commons
Friday 18th November 2016 Commons Chamber

[Mr Harper]

The hon. Gentleman is getting a little confused—

[Joanna Cherry (Edinburgh South West) (SNP)]

Oh!

[Mr Harper]

Let me finish my point. I have not even started my argument and hon. and learned Lady is intervening. The job of the hon. Member for Ross, Skye and Lochaber (Ian Blackford) is to represent the people who live in his constituency, as I represent those who live in mine, not to represent the spaces in his constituency. It is the people who matter. It is entirely true that his constituency is not as densely populated as some parts of the United Kingdom. That is reflected in the existing legislation—we chose to reflect the fact that there are four islands or groups of islands represented in the House, and the House accepted the argument that they needed special arrangements. Two of those are in Scotland. Another is the Isle of Wight, and my hon. Friend the Member for Isle of Wight (Mr Turner) made a very powerful argument that was taken up at the other end of the building.

[Joanna Cherry]

Will the right hon. Gentleman give way?

[Mr Harper]

Well, I have not finished my response to the hon. Member for Ross, Skye and Lochaber. When I have, I will of course give way.

We made that provision because there were powerful arguments from the late Charles Kennedy, who represented Ross, Skye and Lochaber before the hon. Gentleman, about the geographical size of constituencies. We therefore made provision for a maximum geographical size of constituency in the legislation, so that the boundary commissioners would not have constituencies that were too large. That limit in the legislation deals with the hon. Gentleman’s point.

[Joanna Cherry]

Is the right hon. Gentleman aware that constituencies in the north-west of Scotland such as Ross, Skye and Lochaber have people living in the spaces and that those populations are really quite spread out as a result of something that happened in history called the clearances, whereby many people were cleared off their land—some to the coast, some furth of Scotland—and small pockets were left on the land? To represent his constituents properly, my hon. Friend the Member for Ross, Skye and Lochaber (Ian Blackford) has to cover those spaces, which are very wide and disparate, have sea in between them and quite often suffer, unfortunately, from inclement weather. Has the right hon. Gentleman taken that into account?

[Mr Harper]

I have. But things have moved on. There are modern communication mechanisms. Members of Parliament for constituencies that are spread out and require Members to travel more than would be required in urban seats can claim more money for that travel through the Independent Parliamentary Standards Authority; that is why, unsurprisingly, we see MPs with more rural and far-flung constituencies claiming more money. It is perfectly reasonable for them to do so, and that budget is unlimited, to reflect the fact that those MPs will have greater travel challenges in representing their constituents than MPs in more compact constituencies.

The fact is that we represent the people who live in constituencies. If we followed the hon. and learned Lady’s argument to its logical conclusion, we would end up with massive disparities in constituencies, as we have today; the votes of some electors in very urban constituencies are worth far less than those of electors in other parts of the United Kingdom. I do not think that that is fair or reasonable to those voters.

Rights of EU Nationals

Debate between Joanna Cherry and Mark Harper

Wednesday 19th October 2016 Commons Chamber

[Joanna Cherry]

I could not agree more with the hon. Member for Bridgend (Mrs Moon). Is this not symptomatic of the complete failure of various Departments to answer any questions arising from the strategy they will presumably need to adopt as a result of the result on 24 June?

[Mr Harper]

Will the hon. and learned Lady give way?

[Joanna Cherry]

I will give way in a moment.

To pick up on the hon. Lady’s point, I am delighted that Scottish National party Members have the full support of Labour party colleagues for the motion. We are very happy to work with them as part of a cross-party, progressive alliance, which I am sure will include some Government Members, to protect the rights of EU nationals across the UK.

[Joanna Cherry]

I am spoilt for choice, but I will take an intervention from the right hon. Member for Forest of Dean (Mr Harper).

[Mr Harper]

Briefly, I completely agree with the first part of the hon. and learned Lady’s motion, which I have read very carefully, in which she recognises the contribution made by EU nationals, but does she not accept that the first responsibility of the Minister for Immigration and the Prime Minister is to British citizens, more than 1 million of whom are in European Union countries? Their rights must be protected, but her motion is silent on their interests.

[Joanna Cherry]

It is of course open to the right hon. Gentleman to bring forward such a motion. This motion is about protecting the rights of EU nationals in the United Kingdom, which the United Kingdom Government are in a position to do.