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

Debate between Lord Clarke of Nottingham and Diane Abbott

2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons & Ways and Means resolution: House of Commons
Monday 28th January 2019 Commons Chamber

[Ms Abbott]

I remind Members that I have spent almost all my political career trying to help individuals deal with the excesses of an unfair immigration system. They would not be amused by seeing and hearing Members turn that into some kind of parliamentary game.

The Labour party reserves the right to reconsider its position on this proposed legislation when it comes out of Committee. There is no question but that freedom of movement can work. My parents came in the 1950s when there was effectively freedom of movement between the United Kingdom and the colonies. More recently, freedom of movement has worked well for key industries in the UK such as science, telecoms, heritage, aviation and the public services—in particular, the NHS. For many young people in particular, the removal of freedom of movement will be an absolute loss.

The Home Secretary risks being accused of complacency on the subject of EU citizens. There is still a great deal of concern among EU citizens about what the reality of the registration system will be and about whether the Government are equipped to register millions of EU citizens effectively, and there is uncertainty among not just EU citizens themselves but their employers.

[Mr Kenneth Clarke]

I am very grateful to the right hon. Lady for giving way. I do not wish to launch any type of personal criticism of her, as she has actually been making an extremely coherent, root-and-branch criticism of the Bill, and she has an excellent record on these things. The problem is that we are meant to be debating whether this House of Commons should approve the Second Reading of a Bill. She has denounced it from beginning to end but says that the official Opposition do not intend to vote against it. That makes the proceedings quite absurd.

The right hon. Lady is in the same position as the Home Secretary, who could think of no reason why any group coming under existing EU law should be reduced, except that we have to say that we are against freedom of movement. All the right hon. Lady can say to explain her Front-Bench colleagues’ extraordinary decision—I suspect it was not hers—is that they must be seen to be saying that they are against freedom of movement. That is no way to legislate, and it demeans her speech.

[Ms Abbott]

I am loth to disagree with the Father of the House, but he will be aware—more than any other Member, because he has been here longer—that this is not the end of our deliberations on the Bill. As has happened many times before, we will see how it is amended in Committee before we take a decision on how we vote on Third Reading, which will be the end of the deliberations.

One thing we hope will be addressed when the Bill goes into Committee is indefinite administrative detention. I was a Member of Parliament when immigration detention as we now know it was introduced. When some of us queried the lack of due process surrounding it, we were told not to concern ourselves because people would be detained for only short periods immediately prior to being deported. Now we have a monstrous system where people are held in administrative detention for a year or more. Ministers insist that detention is not indefinite, but if someone is in a detention centre, cut off from their friends and family, with no idea when they will be released, it certainly feels like indefinite detention to them.

It has long been my view that we should end indefinite detention, and the Labour party’s commitment to ending it was set out clearly in the 2017 manifesto. I welcome the fact that Members on both sides of the House are coming round to that point of view. One can only hope that the Bill is amended along those lines in Committee.

European Union (Withdrawal) Act

Debate between Lord Clarke of Nottingham and Diane Abbott

Wednesday 5th December 2018 Commons Chamber

[Ms Abbott]

I need to make progress.

The practical effects would be severe. Last year, the UK law enforcement agencies accessed SIS II checks 500 million times. UK authorities requested access to criminal records 3,000 times a week. The danger is that extradition arrangements would fall back on the 1957 European convention on extradition, which proved extremely time-consuming and cumbersome. Most members of the Council of Europe have reserved rights or derogations under the convention, limiting its effect. At worst, the gaps and loopholes created under this exit agreement could create a situation in which organised criminals and terrorists in the EU might come to regard the UK as a relative safe haven from justice. Under this agreement, absent any significant change to the issues I have enumerated, ongoing co-operation in cases and investigations may ultimately be compromised. On the basis of security concerns alone, no Member of the House should be signing off this deal.

[Mr Kenneth Clarke]

The right hon. Lady gives a very accurate list of consequences that follow from leaving the European Union, which is why my right hon. Friend the Home Secretary deftly avoided the question, “Is it not inevitable that the arrangements of this country for security and the fight against international crime will be weaker once we have left the European Union than when we were in it?” As the right hon. Lady has committed her party to leaving, will she explain how Labour believes that it can negotiate anything other than this between now and next March? The Labour party has no remedy for this, unless it is thinking of reopening the question of our membership of the European Union.

[Ms Abbott]

As I said earlier, one problem in these negotiations, and one reason why they have not gone further, is the Prime Minister’s reckless red lines, particularly on the ECJ. However, let me return to the issue of immigration.