Touring Musicians: EU Visas and Permits

Rupa Huq Excerpts

Thursday 18th November 2021 Westminster Hall

[Dr Rupa Huq (in the Chair)]

Before we begin, I remind Members that they are expected to wear face coverings when they are not speaking in the debate, in line with current Government guidance and that of the House of Commons Commission. I also remind Members that they are asked by the House to have a covid lateral flow test twice a week if they are coming on to the parliamentary estate. This can be done either at the testing centre downstairs or at home. Finally, please give each other, and members of staff, space when you are seated and when entering or leaving the Chamber.

[Ms Harriet Harman (Camberwell and Peckham) (Lab)]

I beg to move,

That this House has considered enabling visa- and permit-free working for musicians in the EU.

It is a great pleasure, Dr Huq, to see you in the Chair for this debate, and I am grateful to the Backbench Business Committee for agreeing to the application for this debate from myself and the hon. Member for Somerton and Frome (David Warburton), who is chair of the all-party parliamentary group on music. That application had the backing of the Chair of the Digital, Culture, Media and Sport Committee, the hon. Member for Solihull (Julian Knight), and numerous MPs from all parties, from Scotland, Wales and every region in England. The concern is cross-party; the demand for Government action is UK-wide.

The music sector is important to the UK, both culturally and economically. It accounts for nearly 200,000 jobs and, at least before covid, it was worth £5.8 billion, £2.9 billion of which was generated in export revenue, with the EU being by far the biggest market. The finances of the sector—both of individuals and organisations—depend for a significant section of income on touring in the EU, with a survey conducted just before covid showing that 44% of musicians received up to half their earnings in the EU. Our music sector financially depends on touring in the EU.

Of course, we do not just look at this issue in economic terms. We have to recognise the role that music plays in the very quality of our lives, in the definition of our communities, and in our ability to engage with our emotions, and to understand ourselves and each other. Our music is precious and our musicians should be celebrated, protected and supported in their art. However, they face a great problem that is not of their making, which is the post-Brexit obstacle to touring in the EU.

A tour of Europe often needs to involve more than one country to be viable and sometimes many countries. The problem is that for British musicians to tour in Europe now there are 27 different work permit regimes, 27 different visa regimes and 27 different requirements for proof of the work that is going to be undertaken. That means hours spent on forms and certificates, downloading bank statements and acquiring certification and statements about the nature of the work; days spent travelling to and sitting in consulates; weeks spent waiting for Her Majesty’s Revenue and Customs to process A1 forms to provide to employers in Europe; fees for applications; and further expense and time to obtain musical instrument certificates with expert verification that the instrument does not consist of endangered wood or ivory, with the risk of the instrument being confiscated if the paperwork is not in order.

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[Ms Harman]

I completely agree with the right hon. Gentleman’s point. We have to think of the impact of those coming into this country: we need them to be part of our music sector here.

I welcome the Minister to her place and I wish her well in her work. If she wants any help to get this sorted, we are all here to help and do whatever we can to back her up on this. I look forward to hearing from her this afternoon that she acknowledges the scale and nature of the problem, and that she will deliver on the Prime Minister’s promise. I know she will have to work with many other Departments. No pressure, but we are looking to her to deliver. We want to hear from her what progress she has already made, and what further progress she anticipates the Government will make in respect of which countries and by when.

[Dr Rupa Huq (in the Chair)]

This is a very popular debate. In fact, my name is on the original list of people speaking in it. To allow the Mother of the House, the right hon. and learned Member for Camberwell and Peckham (Ms Harman), time to wind up, the first Front-Bench spokesperson will start at 3.58 pm. If everyone can keep within a five-minute time limit, everyone will get in.

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[Dr Rupa Huq (in the Chair)]

The good news is that with drop-outs, including myself, we have stretched the time limit to seven minutes. I call the Chair of the Select Committee, Julian Knight.

[Julian Knight (Solihull) (Con)]

I will luxuriate in my seven minutes. It is a great pleasure to serve under your chairmanship, Dr Huq. It does not seem long ago that we came into this place and swore oaths next to each other. Here we are, only a few years later, two old lags—if I may be so bold.

[Dr Rupa Huq (in the Chair)]

Speak for yourself!

[Julian Knight]

I thank my hon. Friend the Member for Somerton and Frome (David Warburton) and the Mother of the House, the right hon. and learned Member for Camberwell and Peckham (Ms Harman), for securing the debate. I concur entirely with her speech, which was conciliatory and thoughtful. I hope that the Minister takes that tone away from the debate: it is not a party political matter, but a matter of looking after our constituents, our wider cultural impact and, frankly, global Britain. Without these industries, we are not global Britain anymore.

I will make some brief observations. We have heard about the enormous flurry of paperwork and the unworkable and patchwork system that is in place. The Select Committee has been aware of the issue for a long time. We invited Lord Frost to appear before us at the start of the year, but he refused. It was only after pinning the Prime Minister down in the Liaison Committee on 24 March that he said Lord Frost will appear and we will get this sorted. Lord Frost eventually appeared in June or July after avoiding the Committee for a long time, but in that whole time, there have been only four official bilateral meetings, one of which was on the morning of his appearance by some strange coincidence—that is one every two months.

I know that conversations have taken place, however, and that the Minister’s predecessor, my hon. Friend the Member for Gosport (Caroline Dinenage), was, after initially trying to get her head around the issue, committed to it. She told us some good stories about how she would track people down at conference and try to have conversations, but there was always a feeling that there was a road block in the shape of Lord Frost.

It seemed that the issue was being drawn into the general feeling of antagonism between us and the EU, which was unnecessary. This is not a confected row to bring about a Jim Hacker sausage moment in politics in terms of the Northern Ireland protocol. That should have nothing to do with this issue, which is about people’s livelihoods and our place in the world.

It is utterly farcical that we are 20 miles away from Europe and yet, in the case of at least six nations, we have the same rights of travel and access for brilliant creatives—not just musicians but whole swathes of people across industries—as people coming from the Cook Islands on the other side of the world. That is a ridiculous situation.

I say to the Minister that she is pushing at an open door. Provided that we keep the issue out of the mess that is going on with Northern Ireland, which I believe we can, there is an enormous willingness across the EU to talk to us bilaterally, because they also want our talent there—they miss it. We have such a fantastic reservoir of talent. They want people to be there and to enjoy that cultural exchange. My hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill) spoke about opera. I was talking to a lady who is one of the world’s leading lights at the Vienna opera house. She is struggling to get work there. This is a person of such huge, global talent that she is called upon everywhere.

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[Kerry McCarthy (Bristol East) (Lab)]

It is a pleasure to see you in the Chair, Dr Huq, although it is a shame that you are not contributing to the debate because I know what a music fan you are. I do not think that I have to declare my membership of the Musicians’ Union but I will, although, as I always say on such occasions, I have no musical talent whatsoever, unlike some of my colleagues who are speaking in the debate.

The fact that we are here in November 2021—well over five years since the UK voted to leave the European Union—is a damning indictment of the Government’s failure to prepare for the consequences of Brexit. I think that is, in part, political. The Government just did not want to concede that there could be negative consequences to no longer having freedom of movement and to leaving the market. I have seen that in other sectors, too—the labour shortages in food and farming, for example—and the ostrich approach of burying our head in the sand has had real consequences for the people who are affected.

That approach has included ignoring the warnings from the industry. As my right hon. and learned Friend the Member for Camberwell and Peckham (Ms Harman) said, so many people from across the industry—not just performers, but road crew, lighting engineers, truck drivers and so on—have come forward to try to tell the Government that action is needed, but there has been a refusal to host anything by way of meaningful discussions. An EU official told The Guardian in January that when the EU proposed a standard range of travel exemptions,

“the UK refused to engage in our discussions at all”.

I know there was a bit of to-ing and fro-ing and trying to blame one another for that, but according the EU sources, by June, the UK had still made no approach to remove travel barriers for creative workers.

As well as being political, I think there is an element of incompetence to the Government’s approach. Quite frankly, that is a hallmark of this Government. It is also another sign of the Government’s failure to acknowledge the importance of our creative industries. We have heard about the statistics and the pound signs attached to those industries: we are the world’s second-biggest exporter of music, with an export revenue of £2.9 billion. The value of music, as others have said, is far greater than that. We not only have some of the biggest-selling music artists in the world, but some of the best—those are not necessarily the same thing.

I remember, when I was a student in what was then Leningrad, in the summer of 1984, being besieged by young Russians who were just absolutely desperate to find out more about UK music, which was a lifeline to them and their connection to the west. I remember being asked, on the beach on the bank of the Neva river, how many children Paul McCartney had. I must admit, I did not know, and it was before the internet, but that just shows the soft power connected to our worldwide reputation for music.

We also know that the sector has been incredibly hard hit by covid, which is all the more reason why the Government should pull out all the stops to get it back on its feet. To an extent, the Government have been saved by covid, because people being unable to tour has masked the impact of Brexit on the live music sector. Now that we have, I hope, emerged from the worst of the pandemic, it is absolutely vital that the Government step up the pace on progress.

I am pleased that we have made some progress on visas, although I think it is a bit audacious for the Secretary of State to try to claim credit for that. We need agreements with the remaining six member states, and we also need bilateral discussions, because at the moment, any work is still restricted over all member states to a total of up to 90 days in any 180 days. As we have heard, there is still so much bureaucracy around that.

I will mention carnets and merchandise briefly. We have heard about the costs of taking unaccompanied instruments across borders—those costs are just for the paperwork. We know that smaller and up-and-coming bands in particular do not have lawyers, agents and managers to do all that for them; they have to deal with it themselves, and it is a real deterrent. Tim Burgess from the Charlatans tweeted earlier this week that the band was unable to sell any merchandise during its recent Dublin gig. We know that so many bands rely on merchandise to make a living because of streaming and everything else.

I will finish by talking about cabotage, as I know that that is what is expected of me as a member of the shadow Transport team. UK tour trucks made up close to 80% of the EU market prior to 2016 and Brexit. The three-stop rule for UK trucks forces them to re-route back to the UK, which is incredibly costly and time-consuming if they bother to do so, but most do not, making UK-led tours impossible. The band Public Service Broadcasting recently had to book a German bus for their European tour—something that they described as maddeningly stupid and self-harming. Big US acts have traditionally started their EU tours in the UK, so they fly into Heathrow, pick up the trucks, road crew, sound, lighting, caterers—everything—here. Why would they do that now? They are just going to go to Germany or somewhere else.

We have seen limited progress. The small splitter trucks have been ruled exempt from cabotage rules, and cabotage easement has seen inbound rules suspended on EU-flagged trucks to help the HGV crisis here, but that makes things even worse for UK music hauliers, as it is not reciprocal. UK hauliers have had no Government support to relocate to the EU either—I do not want them to relocate to the EU, but that proposal was put forward by the Government as an answer to the problems back in the earliest stage of the negotiations—so they cannot get around the restrictions that way. The music industry is part of what makes this country great. Why would we want to throw out an integral part of that, and tell it to go and set up shop in France, Germany or Portugal?

UK Music is calling for a derogation from cabotage for all trucks used for cultural events, so I conclude by asking the Minister whether there are active discussions in her Department and the Department for Transport about this issue. When I have tried to talk to the DFT, it has told me that it is a matter for her Department, but when I have tried to talk to her Department, it has told me that it is a matter for the DFT. I rather feel that that has left a big, gaping void in which there are no discussions at all.

[Dr Rupa Huq (in the Chair)]

I call the only person I know who had an album out last week: Kevin Brennan.