Draft Immigration (European Economic Area Nationals) (EU Exit) Order 2019

Debate between Rosie Duffield and Lord Coaker

Monday 11th March 2019 General Committees

[Vernon Coaker]

It is a pleasure to serve under your chairmanship, Mr Austin, and to follow the hon. Member for Central Ayrshire, who, with my hon. Friend the Member for Manchester, Gorton, has made several important points. I say to the Minister, and the Committee, that this measure is hugely important. Statutory instruments are not regarded as being on the Floor of the House, but they are important pieces of legislation that have a dramatic effect and impact on people’s lives.

As I say in virtually every statutory instrument Committee—I will repeat myself—we all often get people coming to our surgeries who say, “This has happened. Why did you pass it?”, and we then have to trawl back through the statutory instruments to find the regulation that implemented it. One of the processes that I think Parliament has a problem with is that, even if it is a good idea, an SI cannot be amended—it is a case of take it or leave it. That causes all of us, across the House, great problems at times, and is perhaps something that we should address on another occasion in a different forum.

The order is one part of a complex set of arrangements about the status of non-EU nationals, EEA nationals, EU nationals—people leaving, staying or short-term working, and also students. I cannot keep up with those arrangements, but on the particular issue in question, the Minister should give us some clarity about the points made by the hon. Member for Central Ayrshire. All of us want people to be clear about what it is they have to do in order to stay here. To be honest, when I was doing research to prepare for the Committee, I found it difficult to unpick the various websites and understand things myself.

This is not just a matter of the various Opposition parties, whether the SNP or ourselves. The House of Lords Select Committee that looks into SIs has written to the Home Office to raise certain concerns about the practical implementation of the policy. The European Union sub-committee in the Lords has written to the Home Secretary about the matter.

There are very specific concerns that I ask the Minister to address. First, at the end of free movement, for three months somebody can automatically come into the country. The Minister says that the normal processes will apply, but when somebody has come in automatically—they will have come through customs and immigration—how on earth will the Government know when the three months are up? There is no system because such people will automatically come in. It is not right for the Minister to say that the normal process will apply, because there is no process. What is the process? There is no stamping.

I am not saying that the policy is wrong or right. It is good that people can come in, but the law says that after three months they have to either get indefinite leave to remain or go. That implies enforcement action. What is that enforcement action? How will the authorities know when to start enforcement action? There is no form to tell them that the three months are up. The Minister needs to explain that to all of us. Otherwise, whether it be in north Cornwall or other parts of the country, we will have people turning up at our surgeries after seven or eight and a half months—or, as sometimes happens, after a couple of years—saying, “I’ve been here for years and my kids are going to school, and now the Home Office is banging on the door saying I’ve got to go.” That causes huge problems. Irrespective of the rights and wrongs of the policy, if its bureaucratic implementation is not right, how can it work?

[Rosie Duffield (Canterbury) (Lab)]

Does my hon. Friend agree that our backlog of casework and constituency problems will be added to with this huge load of additional legislation and bureaucracy that we have to try to understand, and that our case workers have to understand? Does he share my concern about whether the Home Office itself, as well as us MPs, will be fully educated on how the whole new system will work in the first place?