Asked by: Earl of Clancarty (Crossbench - Excepted Hereditary)
Question to the Department for Digital, Culture, Media & Sport:
To ask Her Majesty's Government what assessment they have made of the EU's existing visa waiver agreements with other countries which cover 'artists performing an activity on an ad hoc basis' as a basis for a reciprocal agreement for short-term visas for artists working between the UK and the EU.
Answered by Baroness Barran - Parliamentary Under-Secretary (Department for Education)
In negotiations, the EU tabled a proposal for a permanent visa waiver for short stays covering UK and EU nationals. This drew on bilateral agreements they have with some other third countries, such as Columbia, Peru and the UAE. Accepting a permanent short stay visa waiver for all current and future EU Member States was not, and is not, compatible with our manifesto commitment to take back control of our borders.
This proposal was accompanied by a Joint Declaration intended to direct those Member States who currently require short stay visas for “paid activities” to waive that requirement for “artists performing an activity on an ad-hoc basis”. This offer would not have addressed the creative and cultural industries’ concerns. It did not include touring but only ‘ad hoc’ performances, did not cover accompanying support and technical staff and did not deal with the issue of work permits at all.
On the other hand, our proposals, which were developed with input from the creative and cultural sectors, would have allowed artists to tour in the UK and the EU more easily. The UK proposed to capture the work done by musicians, artists and entertainers, and their accompanying staff, through the list of permitted activities for short-term business visitors under the Mode 4 Chapter of the Trade and Cooperation Agreement. This would have enabled musicians and other creative professionals to travel and perform in the UK and the EU without needing work-permits, for up to 90 days in any 6 month period. Regrettably, these proposals were repeatedly rejected by the EU.
The Government recognises the importance of touring for our world-leading cultural and creative sectors. We are establishing a Working Group, with sector representatives and government departments, with a view to assisting those in the cultural and creative sectors to work as confidently as possible in the EU.
Asked by: Earl of Clancarty (Crossbench - Excepted Hereditary)
Question to the Department for Digital, Culture, Media & Sport:
To ask Her Majesty's Government what plans they have to negotiate a separate standard visa-waiver arrangement with the EU that would include exemptions for artists.
Answered by Baroness Barran - Parliamentary Under-Secretary (Department for Education)
In negotiations, the EU tabled a proposal for a permanent visa waiver for short stays covering UK and EU nationals. This drew on bilateral agreements they have with some other third countries, such as Columbia, Peru and the UAE. Accepting a permanent short stay visa waiver for all current and future EU Member States was not, and is not, compatible with our manifesto commitment to take back control of our borders.
This proposal was accompanied by a Joint Declaration intended to direct those Member States who currently require short stay visas for “paid activities” to waive that requirement for “artists performing an activity on an ad-hoc basis”. This offer would not have addressed the creative and cultural industries’ concerns. It did not include touring but only ‘ad hoc’ performances, did not cover accompanying support and technical staff and did not deal with the issue of work permits at all.
On the other hand, our proposals, which were developed with input from the creative and cultural sectors, would have allowed artists to tour in the UK and the EU more easily. The UK proposed to capture the work done by musicians, artists and entertainers, and their accompanying staff, through the list of permitted activities for short-term business visitors under the Mode 4 Chapter of the Trade and Cooperation Agreement. This would have enabled musicians and other creative professionals to travel and perform in the UK and the EU without needing work-permits, for up to 90 days in any 6 month period. Regrettably, these proposals were repeatedly rejected by the EU.
The Government recognises the importance of touring for our world-leading cultural and creative sectors. We are establishing a Working Group, with sector representatives and government departments, with a view to assisting those in the cultural and creative sectors to work as confidently as possible in the EU.
Asked by: Earl of Clancarty (Crossbench - Excepted Hereditary)
Question to the Department for Digital, Culture, Media & Sport:
To ask Her Majesty's Government, further to the answer by Baroness Barran on 19 January (HL Deb, col 1084) that they "pushed for ambitious arrangements for performers and artists to be able to work across Europe", what were the details of those ambitious arrangements; whether they had proposed a maximum time period allowed for performers and artists to undertake visa-less work in Europe; and if so, what was that time period.
Answered by Baroness Barran - Parliamentary Under-Secretary (Department for Education)
In negotiations, the EU tabled a proposal for a permanent visa waiver for short stays covering UK and EU nationals. This drew on bilateral agreements they have with some other third countries, such as Columbia, Peru and the UAE. Accepting a permanent short stay visa waiver for all current and future EU Member States was not, and is not, compatible with our manifesto commitment to take back control of our borders.
This proposal was accompanied by a Joint Declaration intended to direct those Member States who currently require short stay visas for “paid activities” to waive that requirement for “artists performing an activity on an ad-hoc basis”. This offer would not have addressed the creative and cultural industries’ concerns. It did not include touring but only ‘ad hoc’ performances, did not cover accompanying support and technical staff and did not deal with the issue of work permits at all.
On the other hand, our proposals, which were developed with input from the creative and cultural sectors, would have allowed artists to tour in the UK and the EU more easily. The UK proposed to capture the work done by musicians, artists and entertainers, and their accompanying staff, through the list of permitted activities for short-term business visitors under the Mode 4 Chapter of the Trade and Cooperation Agreement. This would have enabled musicians and other creative professionals to travel and perform in the UK and the EU without needing work-permits, for up to 90 days in any 6 month period. Regrettably, these proposals were repeatedly rejected by the EU.
The Government recognises the importance of touring for our world-leading cultural and creative sectors. We are establishing a Working Group, with sector representatives and government departments, with a view to assisting those in the cultural and creative sectors to work as confidently as possible in the EU.
Asked by: Earl of Clancarty (Crossbench - Excepted Hereditary)
Question to the Department for Digital, Culture, Media & Sport:
To ask Her Majesty's Government, further to the answer by the Minister of State for the Department for Digital, Culture, Media and Sport on 19 January (HC Deb, col 773), when they will publish guidance on the criteria that each EU Member State has for allowing UK performers and artists to work there.
Answered by Baroness Barran - Parliamentary Under-Secretary (Department for Education)
The Trade and Cooperation Agreement includes a list of 11 activities that can be carried out by short-term business visitors without a work permit, on a reciprocal basis in most Member States, subject to any reservations taken.
During negotiations with the EU, the UK proposed expanding this list of activities for Short Term Business Visitors to cover musicians and their accompanying staff. This would have enabled musicians and other creative professionals to travel and perform in the UK and the EU without needing work-permits. Regrettably, these proposals were rejected by the EU.
Due to the UK’s inclusion on the EU Schengen visa-waiver list, certain activities should be permitted, visa-free, across the whole Schengen Area for up to 90 days in a 180-day period. Member States may require a visa and/or a work permit for what they regard as “paid activity”. Some Member States do allow additional permitted activities, without the need for a visa or work permit, as part of their domestic immigration regimes. Therefore, UK cultural professionals, including musicians, seeking to perform within the EU will be required to check domestic immigration and visitor rules for each Member State in which they intend to perform.
We have published guidance on GOV.UK, signposting to official information provided by EU countries about their business travel routes, which is regularly updated. We are also undertaking an extensive programme of engagement with the sectors to help them understand these new requirements.
Asked by: Earl of Clancarty (Crossbench - Excepted Hereditary)
Question to the Department for Digital, Culture, Media & Sport:
To ask Her Majesty's Government what assessment they have made of whether UK musicians require a work permit to undertake unpaid performances in the EU.
Answered by Baroness Barran - Parliamentary Under-Secretary (Department for Education)
The Trade and Cooperation Agreement includes a list of 11 activities that can be carried out by short-term business visitors without a work permit, on a reciprocal basis in most Member States, subject to any reservations taken.
During negotiations with the EU, the UK proposed expanding this list of activities for Short Term Business Visitors to cover musicians and their accompanying staff. This would have enabled musicians and other creative professionals to travel and perform in the UK and the EU without needing work-permits. Regrettably, these proposals were rejected by the EU.
Due to the UK’s inclusion on the EU Schengen visa-waiver list, certain activities should be permitted, visa-free, across the whole Schengen Area for up to 90 days in a 180-day period. Member States may require a visa and/or a work permit for what they regard as “paid activity”. Some Member States do allow additional permitted activities, without the need for a visa or work permit, as part of their domestic immigration regimes. Therefore, UK cultural professionals, including musicians, seeking to perform within the EU will be required to check domestic immigration and visitor rules for each Member State in which they intend to perform.
We have published guidance on GOV.UK, signposting to official information provided by EU countries about their business travel routes, which is regularly updated. We are also undertaking an extensive programme of engagement with the sectors to help them understand these new requirements.
Asked by: Earl of Clancarty (Crossbench - Excepted Hereditary)
Question to the Department for Digital, Culture, Media & Sport:
To ask Her Majesty's Government what assessment they have made of whether the EU’s definition of Short-Term Business Visitor allows for the selling of services, including by musicians, to the general public during such visits.
Answered by Baroness Barran - Parliamentary Under-Secretary (Department for Education)
The Trade and Cooperation Agreement includes a list of 11 activities that can be carried out by short-term business visitors without a work permit, on a reciprocal basis in most Member States, subject to any reservations taken.
During negotiations with the EU, the UK proposed expanding this list of activities for Short Term Business Visitors to cover musicians and their accompanying staff. This would have enabled musicians and other creative professionals to travel and perform in the UK and the EU without needing work-permits. Regrettably, these proposals were rejected by the EU.
Due to the UK’s inclusion on the EU Schengen visa-waiver list, certain activities should be permitted, visa-free, across the whole Schengen Area for up to 90 days in a 180-day period. Member States may require a visa and/or a work permit for what they regard as “paid activity”. Some Member States do allow additional permitted activities, without the need for a visa or work permit, as part of their domestic immigration regimes. Therefore, UK cultural professionals, including musicians, seeking to perform within the EU will be required to check domestic immigration and visitor rules for each Member State in which they intend to perform.
We have published guidance on GOV.UK, signposting to official information provided by EU countries about their business travel routes, which is regularly updated. We are also undertaking an extensive programme of engagement with the sectors to help them understand these new requirements.
Asked by: Earl of Clancarty (Crossbench - Excepted Hereditary)
Question to the Department for Digital, Culture, Media & Sport:
To ask Her Majesty's Government, further to the answer by Baroness Barran on 19 January (HL Deb, col 1085), whether their proposals for enabling musicians to travel and perform in the EU without work permits included musicians being considered Short-Term Business Visitors; and, if so, what assessment they have made of whether this would remove the requirement for work permits.
Answered by Baroness Barran - Parliamentary Under-Secretary (Department for Education)
The Trade and Cooperation Agreement includes a list of 11 activities that can be carried out by short-term business visitors without a work permit, on a reciprocal basis in most Member States, subject to any reservations taken.
During negotiations with the EU, the UK proposed expanding this list of activities for Short Term Business Visitors to cover musicians and their accompanying staff. This would have enabled musicians and other creative professionals to travel and perform in the UK and the EU without needing work-permits. Regrettably, these proposals were rejected by the EU.
Due to the UK’s inclusion on the EU Schengen visa-waiver list, certain activities should be permitted, visa-free, across the whole Schengen Area for up to 90 days in a 180-day period. Member States may require a visa and/or a work permit for what they regard as “paid activity”. Some Member States do allow additional permitted activities, without the need for a visa or work permit, as part of their domestic immigration regimes. Therefore, UK cultural professionals, including musicians, seeking to perform within the EU will be required to check domestic immigration and visitor rules for each Member State in which they intend to perform.
We have published guidance on GOV.UK, signposting to official information provided by EU countries about their business travel routes, which is regularly updated. We are also undertaking an extensive programme of engagement with the sectors to help them understand these new requirements.
Asked by: Earl of Clancarty (Crossbench - Excepted Hereditary)
Question to the Department for Digital, Culture, Media & Sport:
To ask Her Majesty's Government what assessment they have made of precedents for reciprocal arrangements for touring musicians in existing trade agreements, and in the EU–Canada Comprehensive Economic and Trade Agreement in particular.
Answered by Baroness Barran - Parliamentary Under-Secretary (Department for Education)
Through the Trade and Cooperation Agreement, the UK and the EU agreed to a list of 11 activities that can be carried out by short-term business visitors without the need for a work permit, on a reciprocal basis in most Member States – subject to any reservations taken. This list of permitted activities is based on the best precedent established in the EU’s Free Trade Agreements with Canada and Japan. It includes, among other activities, permissions for after-sales, translation and market research services. The EU–Canada Comprehensive Economic and Trade Agreement does not include any facilitations for touring musicians.
The UK pushed for the list of permitted activities to be expanded to capture the work done by musicians, artists and entertainers, and their accompanying staff. This was a straightforward solution for our creative industries which would have benefited all sides. Regrettably, the EU rejected these proposals.
Asked by: Earl of Clancarty (Crossbench - Excepted Hereditary)
Question to the Department for Digital, Culture, Media & Sport:
To ask Her Majesty's Government, further to the answer by Baroness Barran on 19 January (HL Deb, col 1085), on what date their proposals for enabling musicians to travel and perform in the EU without work permits was rejected; and what explanation they were given for this rejection.
Answered by Baroness Barran - Parliamentary Under-Secretary (Department for Education)
During negotiations with the EU, the UK repeatedly pushed to capture the work done by musicians, artists and entertainers, and their accompanying staff, through the list of permitted activities for short-term business visitors. This would have allowed musicians and support staff to travel and perform in the UK and the EU more easily, without needing work-permits.
The UK made an offer to the EU which reflected the input of experts from the music sector. This was a straightforward solution for our creative industries which would have benefited all sides.
The EU turned down our proposals on the basis that musicians were providing a service which they viewed as necessitating a work permit and/or visa.
Asked by: Earl of Clancarty (Crossbench - Excepted Hereditary)
Question to the Department for Digital, Culture, Media & Sport:
To ask Her Majesty's Government, further to reports following the meeting between representatives of the music industry and the Secretary of State for Digital, Culture, Media and Sport on 20 January that they plan to set up a working group to investigate ways to support the music industry following the UK's withdrawal from the EU, what will be the remit of that group; whether any such group will cover other areas of the arts; and who will make up the membership of that group.
Answered by Baroness Barran - Parliamentary Under-Secretary (Department for Education)
DCMS is establishing a working group, including representatives across the creative and cultural sectors and other key government departments, to look at the issues facing those in these sectors when touring in the EU.
The group will work together to provide clarity regarding the steps that need to be taken by practitioners when touring in the EU, and explore what more could be done to help them work as confidently as possible in the EU.
The membership of the group will be announced shortly.