All 4 Tracey Crouch contributions to the Immigration and Social Security Co-ordination (EU Withdrawal) Bill 2017-19

Read Bill Ministerial Extracts

Mon 28th Jan 2019
Immigration and Social Security Co-ordination (EU Withdrawal) Bill
Commons Chamber

2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons & Ways and Means resolution: House of Commons

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

Full Debate: Read Full Debate
Department: Home Office

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

Tracey Crouch Excerpts
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

(5 years, 2 months ago)

Commons Chamber
Read Full debate Immigration and Social Security Co-ordination (EU Withdrawal) Bill 2017-19 Read Hansard Text Read Debate Ministerial Extracts
Tracey Crouch Portrait Tracey Crouch (Chatham and Aylesford) (Con)
- Hansard - -

One of my early speeches when I was a new Member of Parliament was made during a debate on immigration, facilitated by the right hon. Member for Birkenhead (Frank Field) and my right hon. Friend the Member for Mid Sussex (Sir Nicholas Soames). You may well have been in the Chair at the time, Mr Deputy Speaker. I wanted to speak in that debate because immigration had been prevalent in the run-up to, and during, my 2010 election campaign, and it continues to be of interest today.

In that speech, just over eight years ago, I focused on the fact that our British sense of tolerance and generous manner, which had welcomed many to our country for hundreds of years, had been overstretched and taken for granted during uncontrolled immigration under the last Labour Government. I referred to the impact of mass eastern European immigration in my own constituency—particularly in the two most deprived wards, where at the time tensions ran high and social divisions deep. The years since have passed with highs and lows, but, although integration is undoubtedly better, there remain enormous challenges, including the stretching of public services, the sudden change in population, and the perceived unfairness that free movement bought entitlement to welfare and housing structures that others did not have.

However, the debate, then as now, was balanced and constructive. There was overwhelming warmth towards, and appreciation of, the hundreds of thousands who come to the UK from across the European Union and the rest of the world to work in all sectors, including our health and social care services. I think of the phenomenally hard-working staff at my two local hospitals in Maidstone and Medway, the seasonal agricultural workers at the Chapel Down vineyards in Aylesford, and the workforces in the manufacturing, construction and warehouse hubs around Larkfield, to name but a few.

There are many settled European citizens in my constituency who have paid their taxes, worked hard, contributed to society in a variety of ways and brought up their children, and are now supporting grandchildren; it is for them in particular that I welcome the Government’s decision to scrap the fee for those seeking settled status. It is a symbolic but important announcement, which shows that we appreciate them and what they have brought to our country.

I support the Bill because it will enable us to deliver a future immigration system that is right for our country, not one that suits the political ambitions of the European Union. Although the Bill itself will not set out the specifics, the immigration rules will. The Government have rightly noted that they need to command the confidence of the public and reflect the wider economic, social and political context of immigration.

I think that we are all to blame for the public’s loss of faith in the immigration system. I shall try to put this as sensitively as possible, but we have allowed asylum seekers and refugees to be confused with economic migrants: we have allowed people to think that they are one and the same. We must have a grown-up conversation, one that is sensitive but sets a respectful tone, and one that discusses what our population should be in the future and what constitutes a balanced migration approach. I am confident that the immigration rules will enable that to happen.

I absolutely respect the fact that there are very important matters to be covered this evening. What has been said so far has demonstrated the breadth and depth of the issues surrounding immigration. I thank all the organisations that have sent us briefings for the debate, and I hope to be able to sweet-talk the Whips so that I can sit on the Bill Committee and have a chance to consider some of those issues in more detail. To be honest, I did not expect to be the first Back Bencher to be called, and I assumed that all the important points would have been made earlier. I do not want people to think that I am being shallow in raising one rather niche issue relating to immigration. We talk about talent. Given that you can take the girl out of the sports Ministry but cannot take the sports Ministry out of the girl, I am sure many Members will not be surprised to learn that I want to make a brief point about the connection between the future immigration rules and football.

Because we are friends, and because I have no doubt bored the Immigration Minister to tears with sports stuff over the years, I know she understands that football is not just about people running around on a pitch kicking a ball; I know she “gets” the fact that the Premier League and the English Football League bring a phenomenal amount of money to our economy. That success depends largely on Premier League clubs’ having the access that they require to world-class talent both on the pitch and in the dugout, while allowing our home-grown talent the opportunity to play with and for the world’s best, day in, day out. The impact of that is clear from England’s most recent World cup results—and ours was the only national team 100% of whose players came from their home league.

Other European leagues are licking their lips in the belief that Brexit will present them with a recruitment and competitive advantage over the Premier League, and that, post-Brexit, the Premier League will have to work within an immigration system that presents hurdles to the recruitment of the world’s best talent, both within the EU and outside it. The last thing that Brexit should be is a gift to leagues that, despite already having far fewer visa requirements for players, have so far been unable to match the popularity of the Premier League on equal terms. I recognise that those principles can be applied to any employer in any sector, but I hope that the House will generously forgive me for raising that issue here, given I am no longer in a position to do so behind the scenes as a Minister.

This important Bill takes forward the will of the people as set out in the referendum result on 23 June 2016. I wish that I could raise far more of the important points that have been made, and I look forward to hearing other Members’ speeches. I also look forward—hopefully—to sitting on the Bill Committee.

Anna McMorrin Portrait Anna McMorrin
- Hansard - - - Excerpts

Will the hon. Lady give way?

Tracey Crouch Portrait Tracey Crouch
- Hansard - -

Of course.

Anna McMorrin Portrait Anna McMorrin
- Hansard - - - Excerpts

I thank the hon. Lady for giving way. I wanted to make this point during the speech of my right hon. Friend the Member for Hackney North and Stoke Newington (Ms Abbott).

I disagree with the hon. Lady. The majority of people do not want this immigration crackdown, which will damage our economy and harm our communities. The Bill goes against our values of openness and inclusiveness. I want a country based on fairness and tolerance, but the Bill provides for neither. That is why I will vote against it, and I hope that Opposition Front Benchers will, too.

Tracey Crouch Portrait Tracey Crouch
- Hansard - -

I thank the hon. Lady for her intervention. I am pleased that I was able to give way to her so that she could make her point, which was well made. Members in all parts of the House will have strong views on this issue. I was going to say, before the hon. Lady completed her final sentence, that if she wished to vote against the Bill, she would not need the permission of her Front Bench to do so.

This Bill is needed, regardless of whether we have plan A, plan B, or no deal. I look forward to supporting my Government—and, indeed, my friend the Minister—during its passage.

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

Full Debate: Read Full Debate
Department: Home Office

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

Tracey Crouch Excerpts
Committee Debate: 1st sitting: House of Commons
Tuesday 12th February 2019

(5 years, 1 month ago)

Public Bill Committees
Read Full debate Immigration and Social Security Co-ordination (EU Withdrawal) Bill 2017-19 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 12 February 2019 - (12 Feb 2019)
Nick Thomas-Symonds Portrait Nick Thomas-Symonds
- Hansard - - - Excerpts

Q No one would disagree that social care is in need of reform. Assuming that reform does not happen any time soon, I take it from your answer that the £30,000 will have an adverse threshold on the care sector.

Tracey Crouch Portrait Tracey Crouch (Chatham and Aylesford) (Con)
- Hansard - -

Q We have already fallen into the trap that we fell into on Second Reading, which is to start discussing issues around the Government’s White Paper on immigration. Do you think that the Bill and the Government’s White Paper on immigration have set out a coherent position—a position that allows them to work together beautifully?

Professor Ryan: Because I work in immigration law, I see the Bill and the White Paper as quite separate from one another, and the discussion about future labour migration policy and other aspects of immigration policy as very much apart from the Bill. I see the Bill as providing a system for switching off EU rights and dealing with the particular case of Irish citizens. I see them as very separate from one another.

Tracey Crouch Portrait Tracey Crouch
- Hansard - -

Q We do, too—we should be doing so as well—but in terms of them working alongside each other, do you think they set out a coherent position?

Professor Ryan: I see them as essentially different projects, if you wish—different aspects of where things are going. They certainly can fit together, but it seems to me that the Bill does not predetermine anything about what future policy would look like.

Tracey Crouch Portrait Tracey Crouch
- Hansard - -

Q Professor Manning?

Professor Manning: The Bill does not have any details on exactly what the future system will be. The White Paper talks about a consultation as well, and there is still quite a lot of detail to be filled in. There is still considerable uncertainty about exactly what that future system would be.

Paul Blomfield Portrait Paul Blomfield
- Hansard - - - Excerpts

Q I wonder whether I can go back to your earlier points about the historic nature of the Bill, Professor Ryan. You commented that citizens of Commonwealth origin still draw their rights from the 1971 Act. Do you think that the Bill adequately defines the rights that those acquiring settled status will have?

Professor Ryan: It does not, because it does not really attempt to do that. In a sense, that is the gap that I am identifying. In relation to EU rights, the Bill provides for switching off, but it does not provide anything about prior residents or people who are already exercising rights. There is nothing said about that in the Bill. We do not know the exact intentions on how transition arrangements would be operated, for example, under the powers in the Bill. Nothing has been said so far to indicate that the Bill is going to provide protection to anyone who is here already.

--- Later in debate ---
Nick Thomas-Symonds Portrait Nick Thomas-Symonds
- Hansard - - - Excerpts

Q The right level of migration for the 2020s will be very different from what it was in the 1990s.

Lord Green: Not necessarily. We would settle for the Government’s policy until very recently at 100,000. I think that is a reasonable number. While we are on the general point, if we go on as we are, we will continue to add 1 million to our population every three years by reason of immigration. This has enormous effects, starting with housing, and they cannot just be put aside.

Tracey Crouch Portrait Tracey Crouch
- Hansard - -

Q Once we have left the EU, can you envisage any scenario in which EU citizens should be given preference in a future immigration system?

Lord Green: I do not see any need for it.

Tracey Crouch Portrait Tracey Crouch
- Hansard - -

We have just heard from Professor Manning about seasonal workers, for example. The NFU has sent out a briefing for a debate this afternoon, which makes it clear that the food and farming business is worth £113 billion to our economy. As we have just heard from Professor Manning, seasonal workers mainly from EU countries make up a significant percentage of that. Can I ask the question again: once we have left the EU, can you see any preference within that system for EU citizens?

Lord Green: I am sorry; I did not realise you were including that. We do not oppose a seasonal agricultural workers scheme, for the reasons you have described, but they are not immigrants; they are shipped in for the season and shipped out again. The system was run for about 50 years after the war and only closed down when the eastern Europeans arrived. It should be possible to reinstate a system that does not affect migration but does provide these workers—hopefully not so many that British workers will be unable to get jobs of that kind.

Tracey Crouch Portrait Tracey Crouch
- Hansard - -

Q Can I ask about reciprocal arrangements? Do you have any concerns about British nationals living in the EU? Do you think there should be any preference for British nationals living and working in the EU? If you see no preference for EU nationals here, what would the reciprocal arrangements be?

Lord Green: The arrangements are not reciprocal, in the sense that in the EU these matters are very largely a national decision—almost the only things that are—so we cannot run, as it were, a reciprocal policy that relates to what is happening in the EU. The EU is introducing a blue card scheme, which is the equivalent of our tier 2, but it is not being very widely used. The only point I would make about British citizens is that they are not being given enough attention, in terms of their future in the countries where they are. I do not think the Commission has been very effective, frankly. While we are paying great attention to the European Union citizens who are here, as we should, we should pay equal attention to Brits in Europe.

None Portrait The Chair
- Hansard -

We are more than halfway through this session, and we have not heard anything from Dr Greening.

--- Later in debate ---
Stuart C McDonald Portrait Stuart C. McDonald
- Hansard - - - Excerpts

Q The Government might suggest that the best place for them is the withdrawal agreement implementation Act, or whatever it will be called, but does that leave us with a problem? The Government seem to be suggesting that there will not be formal rights of appeal in the event of no deal. What are your concerns about that?

Chai Patel: That is certainly a concern. All the rights that have been set out for EU nationals under the withdrawal agreement must be available to them in the event of no deal, if it is accepted that those rights are required. Certainly it must be right that people who are denied settled status have the right to appeal to an independent tribunal, rather than having to seek a Home Office administrative review or a judicial review, which is not sufficient to deal with the merits of their case and is very costly both for the Government and for the person pursuing it. There needs to be a simple and fair appeal system in which an independent tribunal can look at the merits of someone’s case when they are denied the right to stay in this country.

Tracey Crouch Portrait Tracey Crouch
- Hansard - -

Q You have argued that the Bill should be withdrawn and should instead form part of a wider Bill that encompasses the future immigration system. How does that sit with the commitment to leave the EU and end free movement as soon as possible?

Chai Patel: First of all, our view is that it would be open to the Government to put forward an immigration Bill that did that very simply, but they would need a plan for the new system. No such plan exists; until it does, ending free movement simply cannot be tenable, for the reasons that we have given. We are not saying that it is invalid for the Government to choose to end free movement. We may disagree about precisely what system will replace it or about whether free movement was the best system in the first place, but that is fine. What you cannot do, however, is end free movement overnight, because that will lead to a situation in which between 3 million and 4 million EU citizens were here with no documentation beyond their EU passport, while new EU migrants were coming in with their EU passport plus some other document. We have in-country immigration checks, and people may want to leave and come back, but they will not be able to until they have been registered and a clear new system has been set out. The Government should have put that forward in the Bill.

Tracey Crouch Portrait Tracey Crouch
- Hansard - -

Q Do you not recognise that the Bill is a critical component of delivering the 2016 referendum result? That is the question that the previous witness was asked.

Chai Patel: I do not see how that is the case. This Bill is premature. If the Government want to deliver that result, they must put forward a system for immigration control that will apply afterwards. They have not done so.

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

Full Debate: Read Full Debate
Department: Home Office

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

Tracey Crouch Excerpts
Committee Debate: 2nd sitting: House of Commons
Tuesday 12th February 2019

(5 years, 1 month ago)

Public Bill Committees
Read Full debate Immigration and Social Security Co-ordination (EU Withdrawal) Bill 2017-19 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 12 February 2019 - (12 Feb 2019)
Kate Green Portrait Kate Green
- Hansard - - - Excerpts

Q What would you suggest would be more useful in identifying the roles that need to be filled? How would we measure that?

Professor Dame Donna Kinnair: I think that we know what we need in this country. We know that we need nurses, so it might be that we are looking for that skill, as opposed to an arbitrary salary figure.

Tracey Crouch Portrait Tracey Crouch (Chatham and Aylesford) (Con)
- Hansard - -

Q My colleague asked part of the question that I wanted to ask, regarding comments made this morning by the Migration Advisory Committee about EEA migrant workers making up a lower fraction of care assistants and NHS workers than the national average. Did you say that the percentage of nurses from the EEA is 10%?

Professor Dame Donna Kinnair: My understanding is that roughly 10% come from the EU.

Tracey Crouch Portrait Tracey Crouch
- Hansard - -

Q Is that 10% of the entire workforce?

Professor Dame Donna Kinnair: It is 10% of the Nursing and Midwifery Council’s register. We would be using the NMC register. I think that is right.

Tracey Crouch Portrait Tracey Crouch
- Hansard - -

It would be helpful if we could have some clarification.

Professor Dame Donna Kinnair: We can write to you with that clarification, but my understanding is that 10% of people on the Nursing and Midwifery Council’s register are from the EU.

Tracey Crouch Portrait Tracey Crouch
- Hansard - -

Q Do you know what percentage of your overall workforce is from overseas?

Professor Dame Donna Kinnair: I thought it was 17%, but I can write to you to clarify that.

Tracey Crouch Portrait Tracey Crouch
- Hansard - -

Q That would be enormously helpful. I have a very quick question for Universities UK. The Home Secretary said explicitly on Second Reading that there would be no cap on student numbers. Did that provide you with the reassurance you were looking for in terms of students?

Vivienne Stern: Up to a point. Ministers have been saying for many years that there is no cap on the number of students who can come to the UK under a tier 4 visa. That is not actually the problem. The things that have been standing in our way are features of the visa system that, frankly, make us uncompetitive compared with some of the other major destinations that international students choose to study in. A visa system that, for example, restricts the opportunity for international graduates to stay and work in the UK for a little bit post-graduation is, frankly, not that appealing when you compare it with the opportunities offered by Australia, Canada and the US.

There are other things the Government could do to make the system more welcoming. There have been some really quite positive signals in what Ministers have said recently about a willingness to look at the compliance system. We hear from prospective international students that they are put off by a feeling that the immigration system treats them with suspicion from the start, so we should look at things like credibility interviews and how they operate, decision making by entry clearance officers, and some of the compliance requirements on institutions, which require them to interact with international students in a way that can be rather off-putting.

All those things should be looked at, if for no other reason than that there are huge opportunities for the UK as one of the most popular destinations for international students. We are in a hugely privileged position, and at this particular moment in our national history we have the opportunity to open our doors to people at a very early stage in the development of their professional lives, to establish strong bonds and, in many cases, to leave a lasting legacy of affection for the UK. We could do with more of that, not less.

Education is also a hugely important source of export earnings for the UK. Although international students have value far beyond their financial or economic value to the UK, it is not trivial that this is an increasingly important export sector. The Government’s figures point to quite significant growth in our export earnings from education, which are now around £19 billion a year. We should be pursuing that opportunity, rather than tripping over our own feet. The new international education strategy announced in January is a great opportunity for the Government to get their policy aligned with their international ambitions. The visa system has to be part of that. There are some modest steps in the right direction, including in the White Paper, but we really think the Government should go a bit further than that.

Paul Blomfield Portrait Paul Blomfield (Sheffield Central) (Lab)
- Hansard - - - Excerpts

Q On that theme, I think I am right in saying there are around 450,000 international students in the UK. What proportion of those are from the EU?

Vivienne Stern: There are 442,000 students from all around the world, and just less than a third of those are from the EU. As a proportion of our total student population, that is around 6%. It is a source of significant concern that that enormous pool of talent will find it a bit more difficult to come to the UK after our departure from the European Union.

--- Later in debate ---
Nic Dakin Portrait Nic Dakin
- Hansard - - - Excerpts

Q Finally, what are your members’ biggest worries at the moment in relation to this?

Matthew Fell: The single biggest area is time to adapt. It is not knowing exactly what new system they propose to jump into. They are completely crystal clear that free movement is coming to an end. The fear is whether a new system will be ready in time, with the promised reforms, streamlining and improvements. Will that be ready in time?

The vast majority of businesses in this country do not use the non-EU visa system at the moment. It is something in the order of only 30,000 firms in the country that currently use it and that tells me that it is a really quite restrictive, complex and burdensome system. If we are not ready with a new system that is ready to go from day one, without that clarity and without the time to transition into it, that, I think, is probably the biggest concern of all.

Tracey Crouch Portrait Tracey Crouch
- Hansard - -

Q You have spoken of the need to streamline and simplify the future immigration system. Following the question put by the Minister to the previous witnesses, did you manage to respond to the Law Commission’s consultation?

Matthew Fell: Here are a couple of examples around the sorts of streamlining we have in mind for the non-EU system right now. One of the requirements is around asking sponsor employers to provide evidence of their employers’ liability insurance. Nothing wrong with that per se, but you have to have a hard copy of that and today, most of those are issued digitally, so it is a headache. Another example of a day-to-day burden is that you are required to notify a change in salary for any individual. On those sorts of issues, for example, the check is required to make sure you clear the minimum salary threshold requirement, but there is still a requirement even if you raise an individual’s salary. You still have to notify. Again, when we are talking about simplifying and streamlining a system on a non-EU basis, those sorts of administrative headaches are the things that firms find unnecessarily complex.

Tracey Crouch Portrait Tracey Crouch
- Hansard - -

Q Those are good points, but did you respond to the Law Commission’s consultation, where you could make those points?

Matthew Fell: I would need to check, to be perfectly honest.

Tracey Crouch Portrait Tracey Crouch
- Hansard - -

Q The other thing you said in your evidence was around linking migration and labour market access to trade deal negotiations. Can you expand a little bit on that?

Matthew Fell: Many countries around the world have told us that that is quite important when they have negotiated trade agreements with other countries around the world. That is something they expect to be part of that overall trade negotiation. We have heard from India, Japan, Australia and New Zealand. They have all publicly said that if they are looking to strike trade agreements with the UK, ideally they would like to include migration as part of those talks on a future trade deal. When you look around the world and other trade agreements, it is frequently part of those discussions and part of the final deal and our sense was that, if, rightly, we want to seek to strike the most ambitious trade deals in many parts of the world, this is something that should be part of those conversations.

Stuart C McDonald Portrait Stuart C. McDonald
- Hansard - - - Excerpts

Q Mr Fell, you have skirted round the issue a little bit. Putting aside the debate about the salary threshold, you spoke about how 30,000 firms are registered tier-2 sponsors. Is that right?

Matthew Fell: Correct, yes, it is of that order.

Immigration and Social Security Coordination (EU Withdrawal) Bill (Fifth sitting) Debate

Full Debate: Read Full Debate
Department: Home Office

Immigration and Social Security Coordination (EU Withdrawal) Bill (Fifth sitting)

Tracey Crouch Excerpts
Committee Debate: 5th sitting: House of Commons
Tuesday 26th February 2019

(5 years, 1 month ago)

Public Bill Committees
Read Full debate Immigration and Social Security Co-ordination (EU Withdrawal) Bill 2017-19 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 26 February 2019 - (26 Feb 2019)
Tracey Crouch Portrait Tracey Crouch (Chatham and Aylesford) (Con)
- Hansard - -

I want to speak sympathetically—although hon. Members should not get excited—to amendment 8 and the issue of the minimum threshold, if this is the appropriate time to do so.

None Portrait The Chair
- Hansard -

It is not.

Tracey Crouch Portrait Tracey Crouch
- Hansard - -

It has been a while since I have been on the Back Benches.

None Portrait The Chair
- Hansard -

I remind Committee members that we are debating amendments 4, 1, 11, 2, 3, 5, 6, 12, 7 and 10. We will discuss amendment 8 next.

Tracey Crouch Portrait Tracey Crouch
- Hansard - -

I shall contain myself.

Caroline Nokes Portrait Caroline Nokes
- Hansard - - - Excerpts

Notwithstanding the brief contribution from my hon. Friend the Member for Chatham and Aylesford, the hon. Member for Stretford and Urmston invites me to delve into the detail, which is what I plan to do. It is right that the Committee pays close attention to the delegated powers in the Bill, which are key to delivering the changes linked to the end of free movement. I am grateful to the Delegated Powers and Regulatory Reform Committee for its report and recommendations on the Bill, which I am carefully considering.

The power in the clause is similar to that found in many other immigration Acts. It is needed for the effective implementation of the Bill and the ending of free movement. A great deal has been said about the power granting Ministers a blank cheque—a slightly 20th century analogy, but one that I have used as well; perhaps I should talk about chip and PIN or contactless—so I want to explain exactly and in some detail how the power can and cannot be used.

I reassure the Committee that, with clause 4, the Government seek to ensure that we can manage the transition of EEA nationals, Swiss nationals and their family members from free movement to our domestic immigration system. For the sake of brevity, I will refer to that group collectively as EEA nationals.

First, the power will enable us to protect the status of EEA nationals and their family members who are resident in the UK before exit day and ensure that their residence rights are not affected by the UK’s departure from the EU. It will enable us to save the operation of otherwise repealed legislation, such as section 7 of the Immigration Act 1988, which relates to the requirement to have leave to enter and remain in the UK, and the Immigration (European Economic Area) Regulations 2016, which implement the free movement directive. It will preserve the position of EEA nationals in the UK before exit day, or in any agreed implementation period, so they do not require leave to enter or remain until the deadline for obtaining leave under the EU settlement scheme passes in June 2021, or December 2020 in the sad event of no deal.

Secondly, in the unlikely event that we leave the EU without a deal, the power will enable us to make provision for EEA nationals who arrive after exit day but before the future border and immigration system is rolled out in January 2021. During the transition period the clause will enable us, for example, to ensure that EEA nationals need only provide their passport or other national identity document as evidence of their right to work or rent, as is currently the case. We need the power to ensure that, prior to implementation of the future system in 2021, EEA nationals can be treated as they are currently, in terms of checking for eligibility for benefits and public services and the right to work and rent property.

The clause is needed to enable us to meet the UK’s obligation under the draft withdrawal agreement, if that is agreed. In the event of no deal, the clause will enable us to implement the Government’s policy in the paper on citizens’ rights in the event of a no-deal Brexit, which was published by the Department for Exiting the European Union on 6 December.

Thirdly, the power will enable us to align the immigration treatment of EEA and non-EEA nationals in the future, so that we can create a level playing field in terms of who can come to the UK. For example, the power will enable us to align the positions of EU nationals and non-EU nationals in relation to the deportation regime, where currently a different threshold applies to the deportation of criminals who are EU nationals.

As I have said previously, we are engaging extensively on the design of the future system, and our proposals were set out in the White Paper. The details of the future system will be set out in the immigration rules once they have been agreed, but without the power in the clause we cannot deliver the future system, and that is why it is crucial to the overall implementation of the Bill.

Fourthly, the power is important to ensure that our laws work coherently once we have left the EU. There are references across the statute book to EEA nationals, their free movement rights and their status under free movement law. The power needs to be wide enough to ensure that all such references can be adequately addressed as a consequence of ending free movement. By way of example, section 126 of the Nationality, Immigration and Asylum Act 2002 lists the documents that must be provided in support of various types of immigration application. One example relates to applications under the Immigration (European Economic Area) Regulations 2016. An amendment is needed to remove that reference, because in the future there will no longer be applications under the EEA regulations, as they are repealed by the Bill.

Amendments 1 to 5 were tabled by the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East. As he explained, amendment 4 would limit the Secretary of State’s power to make regulations to instances where it was “necessary” rather than “appropriate”. I reassure the Committee that the clause is not a blank cheque. The regulations could be used only to make provision in consequence of or in connection with part 1 of the Bill. That means that they could be made only in connection with the end of free movement or the status of Irish citizens. They must be appropriate within that context, so the scope of the power is already limited, even without it being limited to what is necessary.

Not only is the test for what is necessary harder to meet; it is also harder to say whether it is met. To explain why I regard “necessary” as too high a bar, I refer to the courts, which have said that the nearest paraphrase is “really needed”. Such a test would be too restrictive: one person’s necessary amendment is another’s “nice to have”. Immigration is a litigious area and we do not want a provision that will lead to uncertainty and challenge about whether an amendment is appropriate or necessary. The Committee may recall that that point was discussed at some length during the passage of the European Union (Withdrawal) Act 2018 and that Parliament agreed that “appropriate” was the correct formulation when dealing with amendments in relation to EU exit. It is the right test here also.

Amendment 1 would limit the changes made under the regulations to those that are “in consequence of” the ending of free movement, rather than “in connection with” or “in consequence of”. I note that the amendment was recommended by the Delegated Powers and Regulatory Reform Committee. As I have explained, references to EEA nationals occur in numerous places across the entire statute book and in numerous different ways, not always by reference to free movement rights. The inclusion of “in connection with” is more appropriate to describe the provision that needs to be made for some of those cases. It is also better suited than the phrase “in consequence of” for the making of transitional provision for those who arrive in the UK after the commencement of the Bill.

The Lords Committee made the specific point that transitional and savings provisions for pre-exit day EEA nationals should be made on the face of the Bill. Hon. Members are interested in that and some witnesses discussed it in evidence sittings. We have committed to protecting the rights of EU citizens who are resident in the UK. That has been our priority, and we have delivered it through our negotiations with the EU to secure protections of citizens’ rights, which are included in the draft withdrawal agreement. If that is agreed by Parliament, there will be legislation to implement it in UK law. The withdrawal agreement Bill will be the vehicle by which such protections are delivered. We have also opened the EU settlement scheme to allow EU nationals who are already living in the UK to obtain settled status or pre-settled status in the UK. That will provide them with a clear status once free movement ends and will ensure their rights are protected in UK law.

In addition, we have given unilateral assurances that EU nationals and their family members resident in the UK can stay if the UK leaves the EU without a deal, as set out in the no deal policy paper I previously mentioned. In the event of no deal, we will use the power in clause 4 to make provision to protect the status of EU nationals resident in the UK. One could speculate about whether such protections are necessary or merely appropriate, or whether they are in consequence of the end of free movement or only connected to the end of free movement, but I know that Members of the Committee agree with me that it is important to be able to protect EU nationals, and I want to ensure that the clause is broad enough to enable us to do so.

I am grateful to the hon. Member for Manchester, Gorton for raising an important issue in amendment 11, which would replace part of the power in subsection (4) of clause 4. The power allows us to make provisions applying to persons not exercising free movement rights. The amendment appears to narrow, or perhaps clarify, the power by including reference to the grant of leave to enter.

It may be helpful if I first explain our intended use of the provision. I am aware that there is a perception that clause 4(4) would allow the Secretary of State to make sweeping changes to the immigration system in respect of non-EEA nationals, but I assure the Committee that that is not the case. Subsection (4) does not provide a standalone power; it is part and parcel of the power in subsection (1) which we have previously debated. That means that it can be used only in consequence of or in connection with part 1 of the Bill, which is about the repeal of free movement and the status of Irish nationals. There is no risk that the power could be used to change the immigration legislation for non-EEA nationals in ways unconnected with part 1 of the Bill.

Subsection (4) is needed because not every person who is an EEA national in the UK is exercising free movement rights. EU law sets out the conditions for the exercise of such rights: for example, a person who is not working, seeking work, self-employed or studying can exercise free movement rights only if they have adequate resources and comprehensive sickness insurance. Putting aside any rights as a family member, a German househusband or wife who does not have comprehensive sickness insurance is not exercising free movement rights. We have taken the decision to be generous in our treatment of EU nationals already in the UK and we have opened the EU settlement scheme to them all, regardless of whether they are exercising treaty rights or not. However, we need to ensure that we have the power to amend other legislation to facilitate that—for example, checks on rights to work or access to benefits and public services that might otherwise apply to them. The amendment could prevent us from making those changes, potentially meaning that that group could fall through the gaps.

I reiterate that the power is not the means by which the future border and immigration system will be delivered. That will be done through the immigration rules made under the Immigration Act 1971. I am sure that the hon. Gentleman does not intend that group to be denied protection. I hope I have provided sufficient reassurance on the need for and use of the subsection. I respectfully ask him to not to press amendment 11.

Amendment 2, which stands in the name of the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East, would narrow the scope of the power by omitting subsection (5). The House of Lords Committee recommended that the Government justify the need for subsection (5) and I am grateful for the opportunity to do so.

The purpose of subsection (5) is to enable changes to be made to legislation that imposes fees and charges. For example, under the EU-Turkey association agreement, Turkish nationals are currently exempt from the immigration health surcharge. The directly effective rights under the association agreement, which will form part of domestic law from exit day by virtue of section 4 of the European Union (Withdrawal) Act 2018, are disapplied by paragraph 9 of schedule 1 to the Bill. That would mean that Turkish nationals would become liable to pay the immigration health surcharge, but we think it appropriate to maintain that exemption for those already resident in the UK.

Another example of how we might rely on subsection (5) is in relation to persons granted limited leave to remain under the EU settlement scheme. As the law stands, they would be considered not ordinarily resident in the UK when their free movement rights end, and they would be liable for charges when accessing NHS treatment. We want to make it crystal clear that those EU nationals already in the UK should not be charged for NHS treatment. Without this provision, we could make such amendments to exempt people from charges that might otherwise apply. I hope that I have provided sufficient explanation of why subsection (5) is needed. I request that the amendments not be pressed.