European Union (Withdrawal) Bill

Lord Duncan of Springbank Excerpts

Report: 3rd sitting (Hansard): House of Lords
Wednesday 25th April 2018 Lords Chamber

[Baroness Smith of Basildon]

My Lords, there is little I can add that is new to this debate. I am grateful to my noble friend Lady Kennedy of The Shaws for raising these issues and I hope the Minister will make use of his customary courtesy to the House. When he responded at Second Reading and in Committee on these issues, there was a sense that he understands the concerns that were raised then, and indeed the issues raised today. When he spoke on 14 March, he was clear that there will be no impediment at the land border to the movement of people—no checks and no profiling, full stop. That was the first time that the Government had given that degree of clarity—I think my noble friend Lady Kennedy would recognise that—or sought to emphasise that. This is important, and the Minister will understand the great concerns being raised. We still have no clarity on the border issue. This House has already expressed a view on the customs union and I am sure that, as we debate Northern Ireland issues later on Report, we will deal with those further.

I hope that the Minister is able to address the concerns that have been raised about the common travel area and movement of people. He has a sense of deftness and understands these issues, so if he can address them today we would be grateful.

[The Parliamentary Under-Secretary of State, Northern Ireland Office and Scotland Office (Lord Duncan of Springbank) (Con)]

My Lords, I thank the noble Baroness, Lady Kennedy of The Shaws, for introducing this topic and other noble Lords for their contributions. I had a very pleasant cup of tea with the noble Baroness yesterday and I was pleased to learn that she hails from the Kennedys of Fermanagh, which was an interesting discovery. But it was not just a pleasant cup of tea; it was more important than that. We touched on what I believe are some of the key elements that have motivated these amendments, and they are, at heart, necessary to confront. The noble Baroness, Lady Smith, somewhat surprisingly, reminded me that I was indeed apparently the first person to give clarity on this issue, but I am very happy to reinforce the clear statement that there can be no racial profiling at a border, whether it be routine, quixotic or even accidental. That cannot be the policy or the direction; there cannot be even a hint of that going on at the border. I am hopeful that those further words might again give some contentment in that regard.

If I may turn to the amendment itself, the December joint report, at paragraph 54, confirms that the UK and Ireland can continue, as now, to work together on the movement of people. Building on this, the relevant chapter of the Commission’s draft withdrawal treaty text is green, confirming the policy is agreed. The key thing here is that the common travel area with Ireland is protected after the UK has left the EU. It is important to emphasise that this agreement is not just what we would like to see happen but actually what we have agreed so far. As a number of noble Lords will have noticed thus far, getting agreement is not always as straightforward as we would like. The Government are committed to turning the relevant chapter of the withdrawal treaty into legally binding text, so we will be doing that. This means that in the future, as now, the UK will not operate routine immigration controls on journeys within the common travel area. There will be no checks whatever for journeys across the land border between Ireland and Northern Ireland, nor between Northern Ireland and Great Britain. As I said earlier, this includes any aspect of what those checks might look like or be interpreted to look like. That is not what will be happening.

To touch on some of the elements raised, I think it is important again—and I will commit to writing to the noble Baroness—to set out the elements of the withdrawal agreement treaty and how they protect the common travel area. I will place a copy of that letter in the Library of the House so that all can read it and see exactly what we are stating.

[Lord Blunkett (Lab)]

Forgive me, this is not facetious, but the words that the Minister is using are so much clearer than those that have been used by his colleagues in government that I just wonder if there might be an internal seminar, so that we can get some of this clarity on the record more often.

[Lord Duncan of Springbank]

I will await that promotion when it comes. I hope that I am being as clear as I possibly can be. To be equally clear, these words do indeed represent the view of the Government. I am not an outlier in this regard; I am indeed speaking on behalf of the Government.

If I may, I will draw on some of the remarks of the noble Lord, Lord Dykes, about the historic element of the common travel area. It is an extraordinary outcome when you think about what had just taken place on the island of Ireland. To then create a common travel area, with all that that represents—a common travel area that survives to this day, albeit within the wider freedom of movement of the EU—is an extraordinary achievement, both for its time and for its longevity. It is a long-standing agreement; it protects unhindered the movement across the land border. I am also aware that it is also an integral element—not a symbolic but an integral element—of the Belfast/Good Friday agreement. That should not be underestimated.

My right honourable friend the Prime Minister has made it very clear, from the original Article 50 letter right through our position paper in August on Northern Ireland to her speech in Florence, that preserving these arrangements and a unique relationship between the UK and Ireland is a priority for future negotiations as well. The common travel area has proven to be resilient over the years, withstanding legal challenges, to which the noble Baroness referred, and new policy and political developments. It is a well-crafted arrangement—and in some respects, if only all legislation that we created could be as well crafted, we would be doing some service to the nation. It has been staunchly protected by all its members, not just the United Kingdom but Ireland—and it has been welcomed by the Crown dependencies as well. I have no doubt that it will continue to be so.

The high level of collaboration with Ireland and the Crown dependencies on border security, on strengthening the external border of the common travel area and on promoting legitimate travel within this special travel area will continue. The UK’s future approach to immigration controls for EEA nationals will be compatible with the common travel area, just as our approach to non-EEA nationals is now. Our approach to the common travel area is, of course, not reliant on our membership of the EU itself. These arrangements can be maintained after the UK has left the EU without express provision in the Bill. The common travel area was formed long before our membership of the EU and, I suspect, will exist long after.

The Government made clear during the Bill’s passage in the other place that the withdrawal agreement and implementation Bill will uphold the agreement we reach, including the protection of all the Northern Ireland and Ireland commitments in the joint report. That is, of course, a matter for the future Bill rather than the one we have before us today. However, I nonetheless hope that some of the elements that I have stated today will be clearly reflected in that future Bill.

Individuals travelling to the UK through Ireland will always be required to meet the UK’s immigration requirements. However, our excellent co-operation with Ireland helps to ensure that those who seek to abuse arrangements are not able to gain entry at any point in the common travel area, no matter which element we might be discussing.

I have just been handed a very helpful note, and I turn to the point raised by the noble Baroness. The word “routine” does not have a special meaning in the paper that was cited. It was not seeking to add any additional burden. It is simply saying that these are the methods that we have been using thus far and will continue to use. It is not seeking to add or put in place any additional elements. To the second question raised by the noble Baroness—the question of the obligations that fall upon Ireland itself—arrangements that we have within the common travel area will not interfere with those obligations which the Republic of Ireland has to its own citizens or to the citizens of the EU, but the nature of our future immigration status will depend on that second Bill, to which I referred a short while ago.

I appreciate that this has been a short debate, but it was an important one nonetheless. We recognise that the common travel area is not just a useful asset; it is a vital one. As the noble Baroness, Lady Kennedy, reminded us, the family commitments that stretch across those borders of long standing are very important. There is nothing that we will do that will interfere with that: that would be wrong and we will not be doing that. On that basis, and with the promise that we will send a letter and lodge a copy in the Library, I hope that the noble Baroness will be able to withdraw her amendment.