EU Nationals in the UK

Yvette Cooper Excerpts

Wednesday 6th July 2016 Commons Chamber

[James Brokenshire]

Do I understand that the right hon. Gentleman is suggesting that we should not be standing up for British citizens? They are British citizens, wherever they may be in the world. It is important for us to ensure that there are appropriate protections for British citizens, whether or not they are in the EU, and also for EU citizens who are here.

As for the timing issue, I repeat what I said about 24 June. We remain an EU member state until we leave, and we are therefore subject to all the existing EU laws and requirements in that regard. All I am saying to the right hon. Gentleman, very firmly, is that drawing up cut-off dates it not as straightforward as he is suggesting, because of the continuing rights that will exist in relation to EU citizens who have arrived since the referendum result, and the need to ensure that this issue is properly addressed.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

The Immigration Minister is right to say that we should be concerned about the interests of British ex-pats. Perhaps he can tell the House whether he has been in touch with the Spanish Interior Minister or other Ministers across the EU, or whether these are simply words and a delaying strategy. If he has been in touch with them, can he tell us whether any of those other Governments want to play a trading game with people’s lives and other people’s citizens, because I do not believe they do, and if they do not, why can he not just get on with this—listen to all Members in all parts of the House and give some guarantees now to the EU citizens who are settled here?

[James Brokenshire]

I understand the right hon. Lady’s point about certainty, and we want to give certainty at the earliest possible opportunity, but it is not as straightforward as she suggests for the reasons I have already mentioned. Of course conversations have taken place at different levels of government with other member states, and clearly we want to see that this certainty is provided for British citizens in EU member states as well as for EU citizens here. That is why I make the point about this being a priority. But we should not pretend that this is a straightforward task. There is a range of practical, financial and legal considerations. As part of this work, the Government will need to consider the range of circumstances of those who could enjoy these protections, and the form of the protections. For example, an EU student who has embarked on a higher education course might have differing requirements to an EU student who has just graduated from university and is looking for work.

This issue is not simply about the immigration status of an individual. Under free movement law, EU citizens’ rights are far broader than just the right to reside in the UK. There are employment rights, entitlements to benefits and pensions, rights of access to public services, and rights to run a business, which are so closely aligned with the right to provide cross-border services, as well as the ability to be joined by family members and extended family members, in some cases from countries outside the EU. Of course, under current arrangements these rights extend to European economic area and Swiss nationals, who are not in the EU. They all need to be considered, and we must remember that people do not have to register with the UK authorities to enjoy basic EU rights to reside. We will need to work out how we identify fairly and properly the people who are affected.

--- Later in debate ---

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

I feel slightly sorry for the Immigration Minister, who has been sent out to defend the indefensible for the second time this week by his Home Secretary. I hope that he has got a very good promise of a very good job out of this. It is not the first time that he and I have debated in this House when he has been sent out while the Home Secretary has gone to hide.

The Minister’s position is still indefensible, though it has moved in the past few days alone. The Home Secretary said on Sunday that there could be no movement until the negotiations had started, and one of her aides said that the issue was a “negotiating point”, even though there was all that stuff about this not being a bargaining chip. The Foreign Secretary said that it was “absurd” to agree on the status of EU citizens before anything could be agreed in wider negotiations, and the Minister himself said that it would be “unwise” to agree the status of EU citizens before wider negotiations had taken place.

Here is where I would probably disagree with the hon. Member for South Cambridgeshire (Heidi Allen), with whom I have agreed many times on other issues: I do not think that it is okay to leave this issue to become the first priority for a new Prime Minister in many weeks’ time. It is not okay simply to leave this question to the process of EU negotiations, when we have no idea how long that will take, given that people are worried about their jobs, homes and kids’ futures right now.

[Peter Kyle (Hove) (Lab)]

Does my right hon. Friend agree that the issue is not just the terms that will need to be negotiated for people from the EU who are living here? The leadership that is needed is about the welcome that we give to people, who should be treated as equals in this country. She might be shocked to know that I spoke to the manager of a coffee chain recently, who was worried about the name badges that his staff wear because so many customers are making terrible comments to people serving coffee, such as “When are you going home?” Such comments have become regular now. Leadership is needed to set the tone that we have as a country, not just in relation to the nuts and bolts of people’s status in this country. It is about the welcome and what kind of country we are now, after Brexit.

[Yvette Cooper]

My hon. Friend is right. This is an immensely sensitive period and all of us have a responsibility not to give succour to extremists who want to exploit it. That should mean giving confidence to people who have been settled here, often for many years, contributing to our public services or working setting up businesses.

[Mike Gapes (Ilford South) (Lab/Co-op)]

May I draw to my right hon. Friend’s attention to early-day motion 259, of which I am a co-sponsor, which raises exactly that point in respect of all the groups of migrants in this country, as well as the New Europeans group, with which I am pleased to be associated? Will all Members please add their name to early-day motion 259?

[Yvette Cooper]

My hon. Friend makes an important point. We all know that immigration has made a huge contribution to this country over very many centuries and that it will be important for our future.

As a result of the referendum I expect immigration rules to change for the future, and I have argued myself that free movement should be reformed even from within the EU, but there is a big difference between changing immigration rules for the future and suddenly ripping up the rights of people who are settled here, people who are living here now and have been doing so in good faith.

The Immigration Minister made three points today. First, he said that we would effectively guarantee only if the rights of British expats were also agreed. Secondly, he said that the matter was complicated because employment rules and benefit rules were also at stake. That suggests that he is saying that he might be considering ripping up the employment rules in respect of people who are here, so that they would be allowed to stay, but suddenly they might not be able to work. If he is not considering ripping up the employment rules or the benefit rules, why does he suddenly throw that into the debate as a reason to delay securing the rights and the status of people who are here already? Thirdly, the Minister said that the matter would have to be looked at by the EU unit. As he knows, the EU unit is hardly set up at all. Staff are still being recruited. The unit has huge numbers of things to look at. It will not take any decisions until the new Prime Minister is in place and that is simply not fair on people.

Kids in the playground are being told that they have to go home. They are being bullied or teased at school and told that they might have to go home. Their parents cannot say to them, their teachers cannot say to them, and we as their MPs cannot say to them, “No. We can guarantee that you are not going to have to go home”, because the Immigration Minister will not say it and the Home Secretary will not say it. Unless both of them and the whole House say it, how can their teachers and parents reassure those kids in school right now? That is why the Minister should do it. It is not a big step for him to give that reassurance now.

I agree with the Minister that he should also advocate for the rights of British expats. There are pensioners who have invested their life savings in homes in Spain or Italy. We should be standing up for them and for people who are working in France and Germany.

[Peter Grant (Glenrothes) (SNP)]

Will the right hon. Lady give way?

[Yvette Cooper]

I will not, because of the shortage of time. I am sure the hon. Gentleman will have time to contribute.

By getting into what looks like a trading game of people’s rights, the Minister is encouraging other Governments across Europe to get into the same trading game, and allowing them to think that this is something to be negotiated or a game to be played. Surely it would be simple just to say, “These are the rights that we are going to guarantee”, and then other Governments will follow suit. Doing so would make the negotiation easier, not harder.

I know that the Minister has said very firmly that he objects to the race hatred, the repatriation campaigns and the vile things that extremists have been saying, exploiting the current uncertainty. He is right to condemn those things and I know that he believes that strongly. However, he is giving extremists succour by not resolving this and not providing certainty. He knows that the vast majority of leave voters and remain voters are appalled by this kind of extremism and believe that EU citizens who are here, as well as British ex-pats in other parts of Europe, should have their existing rights respected, so why not just sort it out now?

Let us all say together to the extremists, the bullies in the playground, those trying to attack people in the street or on the bus, and those spraying slogans on community centres: “We will not stand for this. Of course nobody is expected to go home as a result of this vote. Of course we value those who have made a contribution here.” However, if we are all really to say that together, we need the Minister to say it, we need the Home Secretary to say it and we need the Prime Minister to say it. I really urge them to listen to the strong views on both sides of the House, to take a lead and to exercise the sovereignty of this House, which we have debated for so long. Let us all just say that these people should be able to stay.

[Several hon. Members rose—]