Touring Musicians: EU Visas and Permits

Kevin Brennan Excerpts

Thursday 18th November 2021 Westminster Hall

[Kevin Brennan (Cardiff West) (Lab)]

That is very kind, Dr Huq. I have yet to receive an invitation to tour Europe with the album, but who knows after today? Given that I am entitled to an Irish passport because of my father’s birthplace, perhaps I will be able to do so eventually. I declare my membership of the Musicians’ Union and the financial support that it gave me at the last election. I am also a member of the Ivors Academy, and have some small earnings from MP4, the world’s only parliamentary rock group—as you know, Dr Huq.

I congratulate the Mother of the House, my right hon. and learned Friend the Member for Camberwell and Peckham (Ms Harman), on her tenacity in pushing forward this issue over the last year or so, for not letting it go and for not letting the Government off the hook. The fact that she brings her immense experience and powerful advocacy to the issue is important to musicians across the country, who are all immensely grateful to her for her campaigning.

Everyone is right: a tremendous variety of artists from the UK of different musical styles and genres tour Europe, from major orchestras, to the up-and-coming opera singer mentioned by the hon. Member for Bromley and Chislehurst (Sir Robert Neill), to the young singer-songwriter with an acoustic guitar and an easyJet ticket, with no support, but perhaps a few T-shirts and CDs inside their pull suitcase. It is an incredibly varied landscape, and the Government do not seem to have grasped the importance of that from the outset. And yet, it could have been so different.

I remember being in this very Chamber in January 2020 with the former Minister, the right hon. Member for Selby and Ainsty (Nigel Adams), who was the predecessor of the Minister here with us today. I welcome the new Minister to her place; I do not think we have had the opportunity to have a debate before, but I look forward to our exchanges over the coming months and years. The former Minister said:

“Touring is the lifeblood of the industry… It is essential that free movement is protected for artists post 2020.”—[Official Report, 21 January 2020; Vol. 670, c. 56WH.]

It was official Government policy in January 2020, just after we had left the European Union, that there was free movement for artists across the European Union. What went wrong? Why did that not get translated?

The hon. Member for Solihull (Julian Knight), the Chair of the Select Committee, put it well. Our experiences of dealing with Lord Frost to try to untie this issue and get some movement on it were immensely frustrating. Not only were there delays, to which the Chair of the Select Committee referred, but when Lord Frost appeared before the Select Committee, he said, in contrast to what the Minister’s predecessor said in this Chamber on the record in Hansard:

“We do not agree with permanent visa waivers because they deprive us of control over our immigration system.”

That is the root of this. The issue is not about immigration, but about our creative industries, cultural exchanges and the touring of artists across Europe and across the United Kingdom. That is being conflated with an argument about freedom of movement and immigration, which has nothing to do with it.

In all my 20 years in Parliament, I have never heard anyone on the doorstep say, “What are you going to do about all these Polish violinists coming over here and entertaining our people? It’s an absolute disgrace. When are you going to do something about it?”. It is nonsense, yet we have changed from the position of the former Minister, on the essentiality of freedom of movement for artists to be able to work, to a position where the Government are saying, “We don’t believe in this because it undermines our immigration system.” What a load of nonsense and what a way to treat this hugely important part of our economy.

The creative industry is the fastest growing part of our economy and, as the hon. Member for Solihull rightly said, it is an important export earner for this country. It is an industry in which we have a comparative advantage and of which we can be proud. The industry brings immense prestige to this country in the soft power it exerts, as well as in the hard-line economic benefits we get from it.

Frankly, that has been the problem. The Prime Minister said at the Liaison Committee that he will “strain every sinew”, and he promised to fix it, yet a couple of months later this issue, which he said is so important that he will put his full weight behind it, was not even on the agenda of the first meeting of the Partnership Council in relation to Brexit. The Government, as an afterthought, included it as any other business, as Lord Frost had to explain when he came before the Select Committee.

I know that this is not within the Minister’s power, but perhaps she can pass it on to her colleagues. Will the Government take this issue off Lord Frost? Let us get him a million miles away from this issue as quickly as possible. Give it to a senior Minister, or even an up-and-coming, able and talented junior Minister, which I am sure the Minister is. Give it to somebody with a cross-Government remit to sort out all the issues between Departments. We have heard about the Government not acting in concert or in harmony on this issue. Give it to somebody who can sort it out, not Lord Frost. I am not a believer in nominative determinism but, let us face it, Lord Frost has had a chilling effect on this issue. It is fixable, so let us fix it.

--- Later in debate ---

[Kevin Brennan]

I am not sure that the point about the G7 and visa waivers is a particularly strong one. After all, three of the G7 countries are France, Germany and Italy, so they are members of the European Union. The others are Canada, Japan and the United States, which are all many thousands of miles away from the European Union. We are the only G7 country that—as the Chair of the Select Committee, the hon. Member for Solihull (Julian Knight), said—is 20 miles away from the European Union and in the case of Northern Ireland no miles away. So I would not rely on that point as a very strong argument against locking in our system to a visa waiver agreement in relation to the creative industries.

[Julia Lopez]

I appreciate the hon. Gentleman’s intervention and I also appreciate the point he made earlier about wanting to disentangle this issue, so that it is not an immigration issue; this is about the importance of our creative industries and their economic power. I am happy to explore this issue further in response to some of the points that have been made here this afternoon.

Spain is a major market for UK touring artists, and it is one of the big ones that we wanted to solve. The sector has done tremendous work in advance of the announcement. It was a good example of where we can all work together to dismantle remaining barriers.

Twenty-one EU states have now confirmed that they offer visa and work permit-free routes for musicians and creative performers. I recognise that the visa and permit situation for touring has changed since EU exit, and it requires adaptation, but it is important to recognise that those routes exist. We try to provide clarity on gov.uk, so that people understand the arrangements before they have to leave.

At present, six EU member states do not offer visa or work permit-free touring. We have lobbied and will continue to lobby those countries to allow creative professionals to tour easily. As I say, I want to use the Spain breakthrough as a moment to re-engage with those member states. Those countries would benefit from the cultural exchange and the positive financial spill-overs that touring inevitably brings. UK Music, as others have said, has found that in the UK, for every £10 spent on a ticket, £17 goes back into a local economy. Therefore, if those EU member states change their position, we believe that they will find a similar benefit. We have emphasised that point in our engagement.

Ultimately, those are decisions for those six member states, but we are using the diplomatic tools at our disposal to get a good outcome for our industry. It is important for the Government and the sector to work together in that effort. As I said, yesterday I spoke to the sector and to the touring working group, and the Secretary of State engaged earlier this week with Sir Elton John in a productive and positive meeting. As singers and performers know, combining our voices will make the greatest impact. I appreciate the help of everyone in the Chamber in making the case.

To turn to the concerns about the movement of goods and vehicles, there are new requirements, with potential costs and paperwork to do with the ATA carnet documentation, and the movement of merchandise or of instruments made from protected materials. Some of those were raised in the meeting yesterday. The new cabotage rules can limit the movement of vehicles to a maximum of three stops. As I mentioned at the start of my speech, those changes could be particularly concerning for emerging artists. We have worked across Government to provide clarity on the issues. In many cases, the arrangements are much more workable than is at times reported—that is not to diminish the concerns expressed.

For example, a UK band can pack a van with their instruments, equipment and up to nine people and travel around the EU without being subject to the TCA cabotage restrictions. They may also take their portable instruments and equipment without the need for carnets, and EU rules state that each individual is able to take up to €1,000 of merchandise into the EU to sell on tour without paying customs duties.

In cases when a carnet is required, that is a single document that can be used for multiple items as many times as required in approximately 80 countries around the world for a 12-month period. Carnets have long been a familiar feature of touring. They were needed whenever touring was taking place beyond the EU, including for example to Switzerland, so this is a case of adaptation.