UK Withdrawal from the EU and Potential Withdrawal from the Single Market — House of Lords, 2017-01-26
Topic: Immigration
Dianne Hayter (Labour, Centre-left): My Lords, I want to cover two areas today. One concerns the rights of EU citizens already living in the UK, come our departure from the European Union. The other is the UK economy, on which we depend for jobs and prosperity, and for the tax revenues which fund our defence, education, health and public services I think we all know that there is great anxiety among EU citizens living here, to whom, "the Government is under a moral obligation to provide … legal clarity", according to our EU Justice Committee. We must resolve the legal status of these citizens without delay. The 2004 EU citizens’ directive is clear about freedom of movement: it is the right to come and go, to stay here without question for three months, to stay longer provided that citizens are employed, a student or have the resources so as not to need social assistance, and to have health cover. Then, after five years, there is the right to permanent residence Those who have been here less than five years may have no right to stay post Brexit under the existing rules, but they are also unsure what criteria they would need to meet to prove that they had been here. It would be quite a challenge for the Government, as well—dealing with 3 million applications. Many EU nationals who have been here well over five years may be unable to prove that they meet the criteria for permanent residency, while others—perhaps elderly relatives—would have no entitlement under current rules. Indeed, proving health cover may be difficult. Giving evidence, the noble Lord, Lord Howard, suggested that an NI number might suffice as evidence, but that would not cover everybody concerned We have seen the problems faced by individuals—by the London-born Dom Wolf, whose German parents ensured that he had a German passport but who now, despite living here all his life, faces having to prove that he should stay, including having to take an English test. Then there is the Dutch lady, Monique Hawkins, who was similarly told to prepare to leave the country, despite making her career and family here for over 24 years. I myself, having been born in Germany, started to fill in the 85-page application form to prove residency. It is, I have to say, a nightmare. I would have to produce 15 documents spread over five years—or, if I use my husband as a sponsor, I have to set out when I met him, when I started a relationship with him and when I decided to marry him. I did not like to confess that they were all on the same day I ask the Minister to review urgently how we will define EU citizens already resident here and how they can demonstrate this along with offering them the legal clarity that they so need. While those who have been here very many years might be protected separately under Article 8 of the ECHR, those rights are not absolute, with each case being determined on its particular facts, providing little certainty for those involved. Indeed, the Government have not even made any assessment of the number who might be able to get such protection, which seems a little short-sighted. There is also the "indefinite leave to remain" route but, if that looks complicated, the other one is even more byzantine Needless to say, UK nationals living elsewhere in the EU are also worried: about pensions, health, employment, education and their residency status and rights. Sandra Stretton, a pensioner in Spain, describes enjoying what she calls, "a very simple life which afforded me serenity and peace of mind until … the Referendum … turned my world upside down", leaving her "extremely concerned" as to whether she will lose pension increases, and treatment for her health condition, which is helped not just by the treatment in Spain but by the climate that particularly helps her condition. As she says, if she is forced to return to the UK and ask for every benefit available, she would lose her "independence and dignity and become a drain on society". She has never requested financial assistance, and she has paid taxes and NI throughout her working life, but now she feels very insecure Then there is John Owen, who moved to Spain believing that his rights to healthcare, free movement within Europe, and a UK state pension were guaranteed by his European citizenship. Now, he says, "We face uncertainty with a particular concern as guardians of our youngest grandchild whom we have cared for since she was five months old, but we soon face decisions concerning secondary school and higher education. Under ‘Brexit’ scenarios it is difficult to visualise any path that does not involve Spanish citizenship" These are real cases, in the here and now, but the Government do not seem to take them seriously. Elizabeth Truss declined to meet the Joint Committee on Human Rights, a choice the committee labelled "unacceptable", while the Government refused to send a Minister to our committee on acquired rights, looking at the impact of Brexit We should also consider the UK economy’s future needs. The NHS is heavily reliant on its 160,000 EU nationals, including 10,000 doctors and 20,000 nurses, overwhelmingly from countries which joined the EU before 2004, with a further 90,000 in social care. No wonder the BMA wonders how the NHS will be staffed after Brexit if it loses 5% of its workforce In one of our successful industries, tourism and hospitality, EU nationals are essential in places such as London. ABTA and the BHA worry that any cut in these numbers, together with the omission of foreign language as a skill for any points system, would make recruitment to their industry really difficult—a challenge for the food and drink industry, with 100,000 EU employees. Agriculture is worried: the NFU noted that, even by September, farmers were unable to meet the demand for seasonal workers. Normally they would get them from Romania and Bulgaria. The fall in the pound, added to the Brexit effect of insecurity, is already affecting our farming areas The Lords EU Committee heard concerns as to whether financial services would get the specialist labour that they need—we hear today of more possible moves of those services out of the UK. They are worried not only about the numbers and whether they would be able to get them, but whether there would be very bureaucratic and cumbersome procedures for recruiting staff from elsewhere in the EU. The chief executive of the British Bankers’ Association has identified banking as probably more affected by Brexit than any other sector, being the UK’s biggest export industry by far. Its need for high-quality staff has an impact on all of us because of the impact on the economy. The Benn Select Committee on Brexit has called on the Government to take account of the importance of EU workers in these key sectors: health, finance and agriculture, as well as manufacturing, where EU nationals make up 15% of workers, and public services, with a quarter of a million EU staff The people have indeed spoken about Brexit, but Brexit now needs to think about people. It needs to be managed in a way that safeguards individuals’ rights and which helps our economy to prosper and grow—for the sake of all our people. I beg to move.