European Union (Notification of Withdrawal) Bill — House of Lords, 2017-03-01
Topic: Immigration
Andrew Fleming (Crossbench, Unknown): My Lords, I will speak to my Amendment 40 and comment on Amendment 9B, which is the main focus, of course, of the discussion. My own amendment has a clear and simple purpose: to place British citizens in the EEA and EEA citizens in Britain on an equal footing. I am puzzled to hear it suggested that abandoning 1 million of our British citizens in the EU is the moral high ground. I was encouraged to hear from the noble and learned Lord, Lord Mackay of Clashfern, who dealt rather effectively with that argument I put it to your Lordships that the nature of the problem we face has been widely misunderstood. In effect, what we are considering here is permanent residence for three different categories. First, those who have already been here for five years exercising their treaty rights will have acquired an automatic right to residence under EU law. It is simply not in doubt. They are sorted. The question is how to identify them. They will have to have their cases considered. It can be done no other way. They will then be granted ILR. That lot are not a problem. Secondly, there are those who will be arriving in the next two years before we leave. To grant them automatic right to permanent residence would be to risk a very large inflow of people from eastern Europe before the date of withdrawal. The third and probably trickiest category is those who have arrived to live here within the past three years. They will not have acquired the five years that they need so there will have to be a decision. I note that if that decision goes in their favour, and judging by the mood in the Committee today, it is rather likely to, some 85%—yes, 85%—of EU citizens currently in the UK will qualify for permanent residence. When we are talking about this, we should offer that reassurance to the EU citizens who are here There has also been some confusion over the role of EU workers. It has been suggested that we cannot build the houses we need without workers from the EU. That may well be true, certainly until we train our own, but there will be nothing to stop EU workers coming here to work on a work permit but without the automatic grant of permanent residence. We should not confuse the two issues. Certainly, we need their work and their help and they are welcome, but permanent residence will become a different matter Any suggestion that we should use the fate of EU citizens in the UK as some kind of bargaining chip is absolutely wrong in principle and in practice. I think everyone here agrees that its only effect would be to sour the atmosphere of a very important negotiation, but nor should we simply put aside the vital interests of 1 million of our own citizens. It has been recognised by the noble Baroness on the Front Bench that it will be a long time before the status of British citizens in the European Union is sorted by the 27 countries in which they reside. Therefore, we need a careful review, together with our former partners, to find a way forward in each of the many aspects of this problem. To take a very obvious and important issue—health—the solution may well be to extend the current EHIC system for another five or 10 years. But as of today, before the negotiations start, we have no idea whether or not that will run, so we have to be there, round the table with them, to see what is a sensible way forward Sadly, Amendment 9B completely disregards the position of British citizens in the EU. I suggest that in the real world, if our negotiating partners are assured in advance that the requirements of their own citizens have already been satisfied, it is inevitable that the issues relating to British citizens in their countries will slip down the agenda, which is already very long and complicated. It has been claimed that such a unilateral guarantee will set the right tone for negotiations. The Government have already offered that. It did not work, did it? It was turned down flat. That is not the way forward. There is a fine judgment there and the noble Lord, Lord Hannay, comes down on the other side of that, but we have to be aware that the judgment is a fine one and the interests of 1 million British citizens are in the balance. So there we are. I leave it there. I think the two matters should be considered together.