Immigration and Social Security Co-ordination (EU Withdrawal) Bill (Fifth sitting)

Kate Green Excerpts

Tuesday 26th February 2019 Public Bill Committees

[Afzal Khan (Manchester, Gorton) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Stringer.

This clause—this entire Bill, for that matter—puts the cart before the horse. Labour has been clear that our immigration policy is subordinate to our economic and trade policy. The Government’s position on Brexit, on the other hand, has been consistent in just one way: they insist on putting immigration ahead of our economic needs. We simply cannot support measures that would cause our country to be worse off.

It is a fact that freedom of movement ends when we leave the single market, but the Prime Minister herself has recognised the need for frictionless trade and has been told categorically by the EU that that cannot be maintained without a close relationship with the single market. If the Government cannot yet be clear about what the final agreement will be on our relationship with the single market, this makes no sense. Until the Government get their ducks in a row, we simply cannot vote for such a measure.

The Bill also fails to address two major questions facing Parliament. The first is how we will protect the rights of the 3.5 million people who have already moved to the UK and made their lives here. On Second Reading, the Home Secretary said,

“my message to the 3.5 million EU citizens already living here has also been very clear. I say, ‘You are an incredibly valued and an important part of our society; we want you to stay. Deal or no deal, that view will not change.’”—[Official Report, 28 January 2019; Vol. 653, c. 507.]

Yet the Government have made no provisions in the Bill to protect those citizens.

[Kate Green (Stretford and Urmston) (Lab)]

Does my hon. Friend agree that the Bill would be the ideal opportunity to offer statutory reassurance to those 3.5 million people by including the details of the Government’s settled status scheme and their ongoing proposals for protecting those people’s rights?

[Afzal Khan]

I agree wholeheartedly with my hon. Friend’s comments. Labour has tabled a number of new clauses to the Bill that would put the rights of EU citizens into primary legislation. We hope that the Government accept those when we get to that point.

The second question is what our new immigration system should be doing in the future. The Bill is incredibly flimsy; it is only 16 pages long, which is extraordinary given that it will mean the biggest change to our immigration system in decades. Instead of putting forward a new immigration system that Parliament can discuss and debate, amend and improve, the Bill grants powers to Ministers to introduce whatever system they like through extensive Henry VIII powers. We were given an indication of what such a system might be like in the White Paper published by the Government in December. In fact, Ministers are under no obligation to use the powers to implement that system. If they implement the system described in the White Paper, it will spell disaster for our economy and our society.

We will go into these matters in more depth in subsequent debates, but expert witnesses at our evidence sessions criticised almost all aspects of the Government’s plans. The £30,000 threshold would be a disaster for business and public services such as the NHS. The 12-month visa would lead to exploitation. Labour has no problem with immigration that would treat all migrants the same no matter where they came from, but that is not the system the Government propose. The White Paper is explicit that there will be certain visas and conditions that will apply only to people from “low-risk countries”—a categorisation that the Government are not at all transparent about. Apart from those two glaring absences, the Bill before us fails to address a litany of problems with our immigration system, some of which we seek to remedy through our amendments.

Before I conclude, I have two questions that I would like the Minister to address. First, under what circumstances would the Government use the powers in the Bill? We have heard that this is a contingency Bill, so if there is a withdrawal agreement and thus a withdrawal and implementation Bill, will the Government use powers in that Bill to repeal free movement? Secondly, could the provisions in this Bill lead to a change in immigration law that affects non-European economic area migrants? Could the Government use the powers in the Bill to amend immigration legislation that affects non-EU citizens?

As the Minister will know, the Government are asking for extensive Henry VIII powers. During our Committee sittings, Adrian Berry, Steve Valdez-Symonds and Martin Hoare, all experts in immigration law, confirmed to me that the powers in the Bill could be used to make legislation affecting non-EU citizens. Is the Minister willing to contradict the experts? Does she agree that, if it is indeed the case that the powers in the Bill could be used to make legislation that affects non-EU citizens, its scope is much wider than the end of free movement?

[Stuart C. McDonald]

It is a pleasure to serve under your chairmanship, Mr Stringer. I thank the Clerks for working their way through a mountain of amendments and making them presentable in the last few days. I thank the various organisations and individuals for their help and ideas for amendments, and I thank the shadow Minister for engaging with us over the last couple of days. Any flaws in the amendments we have tabled are my responsibility alone. Finally, I thank the Minister; she has been very open to discussion, approachable and good humoured, as ever. The fact that I can’t stand the Bill and utterly oppose it should not be taken personally. Hopefully, we will still be able to have some useful and constructive debates.

I will not rehash all the points I made on Second Reading. I love free movement; my party fully supports it and I pretty much believe it is the best thing since sliced bread. I regret that it is in danger of coming to an end. It will leave the United Kingdom in an unusual position historically. This country has, for almost its entire history, allowed certain citizens to come and go, whether EU citizens, Commonwealth citizens or, before that, absolutely everybody. All the evidence is that free movement is beneficial to us, for growth, productivity and public finances. In Scotland, it has transformed our demographic outlook from a country of net immigration to a country of positive migration. The quid pro quo for all this is that we will lose our free movement rights. My family and I have benefited from free movement, as have many Members, including on this Committee. I regret that this Parliament will pull up the ladder behind it.

The challenges of free movement that are often cited will not be solved by ending free movement but by proper labour market standards and enforcement, by integration strategies and by investment in public services. Neither do the justifications for ending free movement stack up. Indeed, it was striking in the Minister’s speech and in the speeches of some Government Members on Second Reading how little free movement and the supposed justifications for ending it were addressed.

It is wrong to say that people voted to end free movement, because it was not on the ballot paper. To argue the contrary is to argue that almost 100% of leave voters were motivated by that alone. That is not the case. This is the Prime Minister’s red line, not the people’s red line. Opinion polls and studies show that if it comes to a choice between a closer trading relationship with Europe and ending free movement, a closer trading relationship wins. Simply repeating ad nauseam that we are “taking back control of our borders” is not an argument.

Now is the most bizarre moment for MPs to consider voting to end free movement. Parliament hopefully is on the verge of taking control. Who knows what trading arrangements may be secured, perhaps involving free movement. A people’s vote is even more on the cards than it was at the time of Second Reading. As the shadow Minister said, the Bill puts the cart before the horse. Let us sort out our negotiating position first, then we can decide what that means for free movement. If the public are happy enough to retain free movement for a closer trading arrangement, it is wrong for MPs to rule it out at this stage. There is no need to rush through the end of free movement, even if we do leave in a month’s time. For those reasons, my party believes that the clause should not stand part of the Bill.

[Kate Green]

It is a pleasure to serve under your chairmanship, Mr Stringer. I echo the comments of the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East in thanking the Minister for being so open to colleagues in preparing for consideration of the Bill over the next two weeks.

I, too, believe that freedom of movement has been good for our country and particularly for my constituency. We are a proud manufacturing constituency that offers many skilled jobs, and we have relied heavily over the years on the skills and talents of EEA nationals who come to work in our industries. It is clear that north-west England is destined to suffer most economically from loss of access to EEA labour under free movement rules.

I echo the hon. Gentleman’s remarks about public opinion on freedom of movement. A couple of years ago I had the pleasure to participate in a citizens’ assembly organised by the Constitution Unit of University College London. One of the questions that the participants were asked to address was what kind of immigration arrangements they wanted with the European Union after Brexit. This was a deliberative process carried out with a representative sample of over 100 individuals, exactly mirroring the demographic of the referendum electorate in terms of the vote—leave or remain—geography, ethnicity, age, background and so on.

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[Alison McGovern]

I agree with my hon. Friend, who makes a good point. I never thought I would be in Committee lecturing the Conservative party on the needs of British business, but we are where we are. My hon. Friend the Member for Stretford and Urmston made the point very well that we are creating not simplicity but an extraordinarily high level of uncertainty, and uncertainty is costly to the British economy. I am sure we will discuss the costs of the Brexit process during the Bill, but the Government could be handling the Bill better. They could have come up with the immigration White Paper long before they did, and we could have spent time in the past two and a bit years since the referendum discussing that very thing, but they have held off and postponed—and here we are now. People have no real idea what situation EU nationals will be in after the end of March. That is utterly intolerable.

[Kate Green]

My hon. Friend makes an important point. Does she agree that the result is that businesses are already experiencing labour shortages, because the uncertainty means EU nationals are already choosing not to come to this country to work? I was told the other day by a food processor in my constituency that there is particular pressure now in the haulage sector.

[Alison McGovern]

I hear the same evidence that my hon. Friend does. We represent constituencies in the same region, so that is not unexpected. Many people will respond that it should be fine, as there are plenty of people in Britain, and plenty of British people can do those jobs. However, unfortunately, that is to misunderstand the labour market. We have an ageing population. What, as we heard in evidence to the Committee, is the answer, according to those who want to put up the border and stop people coming here to do the decent and dignified thing by working in our country? It is to raise the pension age and ask people to work into their 70s. That is all right for people who do a desk job that is not physically taxing, but I do not really want to ask nurses whom I represent to work until they are 71 or 72. I do not think that would be appropriate. My hon. Friend made a good point.

My hon. Friend also talked about lack of simplicity in the new system. The Minister mentioned simplicity several times and the Law Commission will look into it. That is a good thing—and it is not before time. However, the fact is that free movement, like it or not, provides people with rights that are simple to understand and exercise. If we are to replace that system with a new one we had better have a good idea now—today—how we will give people an equal, or hopefully better, level of simplicity. For all the reasons that my hon. Friend mentioned, making people’s lives simpler in that way is vital. It is the best way to make sure that the economy can innovate and move forward. I find it hard to understand why the Government should move clause 1 at this point, without a guarantee of an equally simple, or even simpler and better understood system.

[Kate Green]

Again, my hon. Friend makes a powerful point. This is about simplicity not just for business and our economy, but for families who will now not be clear about the basis on which family members can come to this country to live with them.

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[Caroline Nokes]

I disagree. If we look back to the Immigration Act 1971—I have become quite familiar with that Act over the past year in this job—it put the right of the people of the Windrush generation to be here in statute, but it did not provide them with the evidence they needed to demonstrate that. It is important we learn that lesson and make sure we do not repeat the mistake for our EU citizens.

[Kate Green]

Does the Minister agree that the conclusion is that we should do both? We should have a declaratory system so that people’s legal rights are clear in statute and, at the same time, we should have a process of giving them reliable and sustainable evidence to demonstrate they have that right.

[Caroline Nokes]

Through the EU settled status scheme, we have provided people with the mechanism via which to demonstrate that. I have confidence in the mechanism. I recognise the challenges, some of which we heard in the evidence session two weeks ago. I am determined we get that right and make it a system that people will engage in, take part in and be able to evidence their status.

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We heard evidence from a lady whose name I forget about how important she felt it was to have citizens’ rights enshrined in primary legislation. I give the same answer I have given previously: the withdrawal agreement Bill will be the place for those measures. I am looking forward to taking the citizens’ rights elements through, but it is wrong to say that we have not enshrined them in legislation. We opened phases 1, 2 and 3 of the settled status scheme through the immigration rules, and it is my duty to lay the rules for opening the system fully by 30 March, so we have already enshrined those measures in legislation, albeit secondary legislation. We intend to do more through secondary legislation for when the scheme opens fully, and of course those rights will be enshrined in primary legislation through the withdrawal agreement Bill.

[Kate Green]

It will be welcome to have citizens’ rights enshrined in primary legislation through the withdrawal agreement Bill, but of course if we do not have a withdrawal agreement, we will not have that legislation. Are there alternative plans to ensure that those rights are enshrined in primary legislation, rather than in secondary legislation, which would be subject to future change and would not receive proper parliamentary scrutiny, in the event that there is no deal?

[Caroline Nokes]

Opposition Members never, I think, let me get away with anything without proper scrutiny. The hon. Lady knows that I want to see the withdrawal agreement Bill passed. That is an important step. I am most enthusiastic and keen—nay, desperate—for us to get a deal; it is crucial that we do so, but I still firmly hold that the withdrawal agreement Bill, rather than this Bill, which is a straightforward Bill to end free movement, is the place to enshrine those rights. This Bill’s powers on free movement will of course be required both in the event of a deal and in a no-deal scenario, but they will be used differently if we have a deal, in which case the withdrawal agreement Bill will provide protections for the resident population.

The power in clause 4, which we shall probably come to later today, is similar to that found in other immigration legislation, and can be used only in consequence of or in connection with part 1 of this Bill, which is about ending free movement. I therefore do not believe there is a risk that it could be used to change immigration legislation for non-EEA nationals in ways unconnected to part 1 of the Bill.

Let me say in response to the hon. Member for Stretford and Urmston that we have been clear that, after our exit, there will be no change to the way that EU citizens prove their right to work. They will continue to use a passport or an ID card until the future system is in place.

I have been clear that we will engage widely on the future system, which will come in after 2021. It will be a skills-based immigration system, which enables us to move forward, absolutely accommodating the needs of our economy, I hope—I have been candid about this since my first day in the Home Office—in a much simpler way. We are confronted with 1,000 pages of immigration rules, so there is certainly the opportunity to simplify enormously. I do not pretend that I have it within my power to “do a Pickles” with the immigration rules by doing the equivalent of his tearing up 1,000 pages of planning guidance and reducing it to the national planning policy framework, but we have to move forward with a system that is far simpler and easier to understand than what we currently have.

[Kate Green]

Will the Minister take the opportunity to reassure employers that, in the period until 2021, provided they have looked at an individual’s passport or identity document, they will not commit any criminal offence if it happens that that individual in practice does not have the right to work because they arrived after Brexit day and did not apply, as they needed to, for European temporary leave to remain?

[Caroline Nokes]

There is a terrible phrase, which I really dislike using: “statutory excuse”. If an employer has seen evidence—an EU passport or ID card—that indicates that somebody has the right to work in the same way as they do now, that provides them with the protection that the hon. Lady seeks.

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[Kate Green]

Will the Minister place on the record more information about how the Government intend to use the scope of the legislation? As we heard from the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East, the language of clause 4, such as “connected with” and “appropriate”, means that the legislation could be used to make sweeping changes to immigration rules, not just in relation to EU nationals but across the whole immigration system.

The long title of the Bill says that its intention is to

“Make provision to end rights to free movement of persons under retained EU law and to repeal other retained EU law relating to immigration; to confer power to modify retained direct EU legislation relating to social security coordination”,

but the devil is in the detail of “and for connected purposes.” It would be reassuring for the Committee if the Minister could place on the record this morning exactly how widely the Government intend to make use of the legislation.

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[Kate Green]

I beg to move amendment 8, in clause 4, page 3, line 10, at end insert—

“(5A) Regulations under subsection (1) must provide that EEA nationals who are employed as personal assistants using funding from a personal budget are exempt from any minimum salary threshold that is set for work visa applications.

(5B) In this section, personal budget has the meaning set out in section 26 of the Care Act 2014.”

I hope the amendment will attract at least some support from the hon. Member for Chatham and Aylesford, and that she will take the opportunity to offer her observations on it. The Minister will be pleased to hear that the amendment is probing; it is designed to enable us to explore some of the issues that might affect personal assistants employed by disabled people after Brexit, as some of those personal assistants will be EEA nationals and therefore affected by the freedom of movement provisions in the Bill.

Personal assistants are employed directly by disabled people to meet day-to-day needs for assistance, whether that be personal care or facilitating assistance—