European Union (Withdrawal) Act

Diane Abbott Excerpts

Wednesday 5th December 2018 Commons Chamber

[Ms Diane Abbott (Hackney North and Stoke Newington) (Lab)]

In many ways, migration and security are at the heart of the debate around Brexit, so I am glad to have the opportunity to contribute to it from the Labour Front Bench. I think, however, that after the events of yesterday evening there can be little doubt that this is indeed a botched Brexit. Ministers should be ashamed that they had to be forced to comply with a motion of this House. We heard a lot, when they were trying to argue that they should not have to comply, about the national interest. But we have read the legal advice. There is nothing in it that compromises the national interest. It may be embarrassing for the Government, but it does not compromise the national interest. As the hon. Member for Stone (Sir William Cash) pointed out, it is not actually the full legal advice. It may be that he wants to return to that matter.

I voted to remain and the Labour party campaigned to remain and reform, but my party has said from the beginning that we respect the referendum result. It is true that there were substantive reasons to vote for Brexit. Above all, there were the long-standing concerns about sovereignty, which were so well articulated over his entire lifetime by my late colleague, the former Member for Chesterfield, Tony Benn. Nobody would deny, however, that concerns about migration were not far from the minds of some, if not all, leave voters.

[James Heappey]

Does the Labour party support the continuation of the free movement of people—yes or no?

[Ms Abbott]

The hon. Gentleman will know that when we leave the single market, freedom of movement falls. We said that in our manifesto and we are saying it now.

The available research confirms the salience of migration to leave voters. In June 2017, a report collated from the British social attitudes survey revealed that the most significant factor in the leave vote was anxiety about the number of people coming to the UK. A comprehensive study published by Nuffield College drew similar conclusions.

[Geraint Davies]

Does my right hon. Friend not agree that since 2010 the Conservatives have made the poor poorer and then told them that foreigners were the reason they were poor, and that that is why they voted for Brexit? In fact, migration helps us. This is about not allowing right-wing propaganda to lead our country, and it is about staying in the EU and having a public vote on the deal.

[Ms Abbott]

All I can say is that the Labour party, whether in opposition or in government, will never scapegoat migrants. It does not help society, and it is not a constructive way to go forward politically. Who can forget Nigel Farage in the referendum campaign posing in front of the poster which showed floods of brown people surging into this country?

[Joanna Cherry]

The right hon. Lady mentioned a moment ago that one of the main reasons people voted to leave was a concern about sovereignty, and she referred to the views of the late and very well respected former Member for Chesterfield. May I ask her to speculate on this? Why is it that the Irish, the French, the Germans, the Spanish, the Dutch, the Swedish, the Danes—I could go on—do not share the same concerns that the English, not the Scots, have about sovereignty and the EU? Will she answer that question, because it is a question that genuinely puzzles me?

[Ms Abbott]

I do not think it is entirely true to say that those countries do not share those concerns. I think we would have to look to our very different national stories to understand that concern.

Migration is at the heart of this Brexit debate, and I am glad to have the opportunity to address it this afternoon. Before I turn to immigration, however, I want to speak about the other theme to today’s debate: security. Ministers have been trying to drum up support for the Prime Minister’s deal by saying that the alternative is no deal, which would be disastrous for security. But the Prime Minister’s deal would be almost as bad. At best, we can say that it is a blindfold Brexit on security. At worst, it may be leading us off a cliff on security matters.

Ministers insist that the deal that is being put before this House will offer us better arrangements than any other third country. I put it to Ministers that that is not the point. The point is not whether there are better arrangements in other third countries. The point is whether these arrangements will give us the same assurances on security and fighting crime that we currently have. If we go through the deal, we can see that there appears to be a trade-off on security, because in order to achieve a seamless transition on a range of security, policing and justice matters and have the current level of co-operation, it would require a new security treaty between the UK and the EU, yet there is no expressed aim in the exit document to move towards a security treaty.

Ministers cannot say that they are unaware of the need for a new security treaty. In Brussels, the stakeholders and commissioners who are concerned about these matters have been talking for two years about the importance of moving forward with a security treaty. Without a security treaty, we may run the risk of losing a number of tools that are vital to cross-border security, policing and justice, while other tools will be hampered or severely compromised.

[Tim Loughton]

The right hon. Lady appears to be putting all the blame for this on the United Kingdom. Is she not aware that when Rob Wainwright, the very distinguished British former head of Europol, appeared in front of the Home Affairs Committee, he said that all the current arrangements and data sharing from which we and our European allies benefit could be continued, and that that is what their security forces want? Those things are not being continued purely because of politics.

--- Later in debate ---

[Ms Abbott]

They could be continued—my point is that there is nothing definite in the deal that we are being presented with in the House that would make sure that they were continued. On the question of security, assertions, aspirations and a wishlist are not enough—we need a treaty.

[Wayne David (Caerphilly) (Lab)]

Last year, 183 people were returned to this country from other European countries to face justice under the European arrest warrant. Does my right hon. Friend share my concern that as things stand, that process will end?

[Ms Abbott]

I absolutely share that concern.

[David Hanson]

The critical point that my right hon. Friend needs to be aware of is that the European arrest warrant is subject to the ECJ for other European countries, and the Government have specifically said that we should not be a member of the ECJ, so we would have to have individual relationships with each country and would therefore be less safe under the Government’s proposal.

[Ms Abbott]

I will come to that point, but I will say now that the Prime Minister’s red lines, one of which was the ECJ, may well prove to have been reckless. The EU insists on treaty arrangements governing key aspects of international security, justice and policing, as do we. Without a treaty, courts have no legal basis to implement arrest or extradition warrants and cannot allow third countries access to criminal and other databases. We are on course to become a third country in our relationship with the EU. Because there is no security treaty planned or even aimed for in the exit documents, the level of co-operation between the UK and the EU post Brexit could be severely and unavoidably downgraded.

Ministers will be aware that neither France nor Germany will automatically extradite to non-EU countries—their constitutions say that. There will be a mutual loss of the use of the European arrest warrant, and the UK will no longer be able to access the Europol database in real time. In addition, as a third country, the UK’s access to databases of criminal records, fingerprints, DNA and missing and wanted persons will be compromised. Ministers promise a future security partnership between this country and the EU. However, the assurance on access to SIS II and the European criminal records information system is only that

“the UK and the EU have agreed to consider further how to deliver capabilities that, as far as technically and legally possible, approximate those enabled by EU mechanisms”.

That is not the same as assuring us of the same level of co-operation that we have today. In relation to the European arrest warrant, there is not even that promise. On passenger name records and the exchange of DNA, fingerprints, and vehicle registration, the agreement says:

“The UK and the EU have agreed to establish reciprocal arrangements”.

It does not say that they have established reciprocal arrangements; it is a wish for the future. However, without appeal and oversight by a court—that role is currently played by the ECJ—all these things could be subject to legal challenge in practice.

[John Redwood]

Will the right hon. Lady give way?

[Ms Abbott]

No, I need to make progress.

In addition, on the EU agencies Europol and Eurojust, about which Members have made interventions, the deal says:

“The UK and the EU have agreed, as part of the FSP, to work together to identify the terms for the UK’s cooperation via Europol and Eurojust.”

Working together to identify the terms is not the same as a guarantee of the same access and co-operation that we have today. As these are EU agencies, they are not in principle open to non-member states. Again, if that were to change, the legal basis for that would require a treaty.

[Several hon. Members rose—]

[Ms Abbott]

I need to make progress.

The practical effects would be severe. Last year, the UK law enforcement agencies accessed SIS II checks 500 million times. UK authorities requested access to criminal records 3,000 times a week. The danger is that extradition arrangements would fall back on the 1957 European convention on extradition, which proved extremely time-consuming and cumbersome. Most members of the Council of Europe have reserved rights or derogations under the convention, limiting its effect. At worst, the gaps and loopholes created under this exit agreement could create a situation in which organised criminals and terrorists in the EU might come to regard the UK as a relative safe haven from justice. Under this agreement, absent any significant change to the issues I have enumerated, ongoing co-operation in cases and investigations may ultimately be compromised. On the basis of security concerns alone, no Member of the House should be signing off this deal.

[Mr Kenneth Clarke]

The right hon. Lady gives a very accurate list of consequences that follow from leaving the European Union, which is why my right hon. Friend the Home Secretary deftly avoided the question, “Is it not inevitable that the arrangements of this country for security and the fight against international crime will be weaker once we have left the European Union than when we were in it?” As the right hon. Lady has committed her party to leaving, will she explain how Labour believes that it can negotiate anything other than this between now and next March? The Labour party has no remedy for this, unless it is thinking of reopening the question of our membership of the European Union.

[Ms Abbott]

As I said earlier, one problem in these negotiations, and one reason why they have not gone further, is the Prime Minister’s reckless red lines, particularly on the ECJ. However, let me return to the issue of immigration.

[John Redwood]

Will the right hon. Lady give way?

[Ms Abbott]

I have to make progress.

Let me first deal with the status of EU nationals. I begin by saying how distasteful it was to many of us that the Prime Minister referred to “queue jumpers”. She seemed to be implying that there was some unfairness or illegitimacy in their role in British society, whereas EU nationals play a vital role in business, academia, agriculture and public services such as health and social care. EU citizens and their dependants living here cannot be reassured by the terms of the deal. The Home Secretary has given general assurances, but the deal says almost nothing in detail about their rights, including work, residency and access to services. No one on either side of the House who has ever had anything to do with the immigration and nationality directorate can have confidence in the Home Office’s ability to process the approximately 5 million applications that are required to process settled status applications. I am aware that the Home Secretary sets great store by his app, but he knows perfectly well that it cannot be used on iPhones, and although it has been trialled, the trials involved volunteers and only the simpler cases.

We have all seen the shameful chaos around the Windrush scandal. Today’s National Audit Office report on Windrush is comprehensively negative. It criticises the Home Office for its poor-quality data; the risky use of deportation targets; poor value for money; and a failure to respond to numerous warnings that its policies would hurt people living in the UK legally. It is a damning report, and Ministers should be ashamed. EU citizens can only await with trepidation their further and deeper engagement with the Home Office.

[Chris Bryant]

My right hon. Friend and I represent very different constituencies, but they are both among the poorest in the land. One of the ironies of the present immigration situation is that my constituency now has the lowest percentage of people living in it who were not born in it for 120 years. One of the many benefits that my constituents have enjoyed in recent years has been the ability to live, work and study elsewhere. I understand all the arguments about wanting to limit the number of people coming into this country, though I personally find it quite distressing, but should we not make sure that we do not throw the baby out with the bathwater? We need to make sure that our citizens have the right to study, work and prosper, whether they come from the poorest or the richest background in this country.

[Ms Abbott]

I thank my hon. Friend for that intervention. If Members talk to younger people, they will hear that one of their biggest doubts about Brexit is that they do not welcome the idea that they will not be able to travel, work and study in the way they have done under our membership of the EU.

Then there is the question of the missing immigration White Paper. The Home Secretary said he did not want to rush to produce it. I remind the House that we were originally promised it in summer 2017, then the Government were going to produce it this February, then it was to be published in March, before the recess, then in July, and then after the Migration Advisory Committee report in October; now the Home Secretary assures us it will be published “soon”. What confidence can anyone have in post-Brexit immigration policy when Ministers still do not seem to know what they want—or, more to the point, cannot agree on what they want? How can the House be expected to vote on this deal without detail on proposed immigration policy?

We know that the Tories are stealing some of Labour’s terminology about a rational immigration system based on our economic needs, but I suspect that Ministers mean something very different. On this issue, Government rhetoric sounding like Labour is a very insincere form of flattery. The suspicion must be that the Government’s actual policy is to begin to treat EU migrants as badly as they have treated non-EU migrants over many years.

[Paul Farrelly (Newcastle-under-Lyme) (Lab)]

There is one other factor, which my right hon. Friend may be coming to. Does she agree that it would be quite possible for the Government to apply free movement in a more restrictive way, particularly regarding the world of work, as other countries, such as France, have done? Would she like to speculate on whether one reason why the Government have not done that is that the Home Office is so overwhelmed and has been so greatly cut that it does not have the capacity to enforce such a tighter policy?

[Ms Abbott]

I welcome my hon. Friend’s intervention. The cuts have unquestionably had an impact on the Home Office.

The Government have suggested that they will distinguish between high and low-skilled migrants and discriminate in favour of the former. On the face of it, that is a logical position, yet all indications are that their real distinction will be between high and low-paid migrant workers, which will leave a range of sectors struggling with skills and labour shortages, including among nurses, social care workers, agricultural workers and others in the private sector. This artificial distinction between high and low-skilled migrants, which is really about income, is both unfair and potentially damaging to the economy,

The Government have long been promising a new immigration Bill for a post-Brexit environment, but it seems that there is a split in the Government—I know it sounds shocking—between adjusting the immigration system towards supporting our economic needs and a constant campaign against migrants and migration. They will probably try to do both—“have cake and eat it” politics. There is also no indication that they will drop their unworkable net migration target, which has never once been met but which allows a continuing negative narrative campaign against migration and migrants. The level of non-EU migration alone is currently running close to 250,000 a year, and that is migration over which the Government have absolute control. There is no indication either that they intend to end the hostile environment policy—rename it yes, but end it no—yet we know that it led directly to the Windrush scandal.

The spurious distinction between high and low-skilled migrants, which is really discrimination against the lower-paid, will have negative consequences for a range of sectors. We await with interest the publication of the immigration Bill to see how the internal differences within the Government are resolved, but the Government are asking all of us to vote for their deal without telling us what their new immigration policy will be. This is a blindfold Brexit deal. As I said at the beginning, the Opposition honour and respect the referendum vote, but how can it be that Ministers are asking the House to vote for a deal that neither leavers nor remainers are happy with; asking us to vote for a deal when so many crucial issues, notably on security, are not yet clear; and asking us to vote for a deal that could endanger not just our economy but our security? The more we examine the deal, the more it becomes clear that the House cannot vote for it.