The People's Challenge

As we have seen in the wake of Theresa May’s Florence speech and the negotiations in Brussels, although some things may be getting slightly less muddled others are becoming or remaining disturbingly foggy.

A large part of our work at The People’s Challenge is to research, clarify and inform people about their existing rights and how they affected by Brexit. The debate had by politicians and the public alike has been unable to answer some of the important questions about withdrawal from the EU and, as Susie Alegre points out in a post on the Doughty Street Chambers blog, talking about right to remain barely scratches the surface of the issues that concern UK citizens’ rights.

For example, these UK citizens may own property in EU27 countries but not necessarily reside there, they may operate a business in part or entirely in the EU or they may have, or planned to, retire in the EU to make their pensions go further.

For convenience we’ve reproduced Susie’s post here:

The latest round of negotiations on Brexit ended this week in Brussels with mixed reviews.

Citizens’ Rights is one of the three key areas on which the EU insists sufficient progress must be made in the withdrawal negotiations before it will begin to talk about any future relationship between the EU and the UK.  So far, it seems unlikely that the EU will accept that enough progress has been made in this area at the European Council in October and the latest technical note highlights some key areas of disagreement.

But while there have been numerous reports on the UK proposals on EU 27 citizens’ rights in the UK post Brexit, organisations like the People’s Challenge raise concerns that there has been very little attention given to the impact on British EU citizens, wherever they may live, who look set to lose the EU citizenship they have built their lives around.

The British Government is meant to be representing the interests of British citizens in the Brexit process, but recent statements raise serious questions about their ability to understand and represent the position of British people concerned about losing their EU citizenship and all that entails.

Last Friday Theresa May said, in her Florence speech that “… throughout its membership, the United Kingdom has never totally felt at home being in the European Union.” And Boris Johnson, in his Telegraph article the previous week said: “I look at so many young people with the 12 stars lipsticked on their faces and I am troubled with the thought that people are beginning to have genuinely split allegiances.”

For many, these statements do not reflect the way they feel about being both British and European – so where can we find policy makers that can and will stand up for our rights?

Guy Verhofstadt, the lead European Parliament negotiator on Brexit gave a speech at the LSE yesterday where he spoke passionately about EU citizenship saying: “British citizens will lose their EU citizenship… millions want to keep it… this is the proof that we have to take it into account and proof that the European project is about much more than single market and common currency…

the essence [of the European project] is understanding inside Europe that identities are not simple, not straightforward, that you cannot do politics in categorising identities – there are as many identities as there are people…..

Accusing people of split allegiance is reactionary and reductionist – beware of politicians who want to define your identity. People define themselves how British and how European they feel.”

But while his statements on EU citizenship and related rights are encouraging, his analysis that the EU proposals maintain the existing situation in relation to rights is not borne out in the negotiating documents.

The technical note highlights two key areas of importance to British EU citizens where the EU is not offering a continuation of the status quo:

-Further free movement rights – the EU position is that “UK nationals in scope of withdrawal agreement only have protected rights in the state(s) in which they have residence rights on exit day, without prejudice to Social Security rights. Conditions for return as provided under EU law….” The UK position is that all UK nationals in the scope of the agreement should retain existing rights to move between EU 27 countries.
-Voting rights – the EU position is that “Member states are free to give voting rights to third country nationals regardless of the withdrawal agreement.” This will mean different practices in different countries.  The UK position is to protect existing rights in the withdrawal agreement.
These two issues are the essence of EU citizenship for British people who cherish and rely on both their British and European identities.  This should not be an issue of “us against them” in the negotiations.
As Guy Verhofstadt made clear, MEPs have a duty to defend citizens’ rights, whatever their nationality, and for the time being MEPs represent British citizens both in the UK and those currently residing in the EU 27.  He says that “we are fighting for EU citizenship as a translation of what it means to belong in Europe…. European Citizenship is not a by-product of nationality, because you are by accident born in an EU Member State…” The European Parliament needs to make sure that this principle is not forgotten by other EU institutions in the negotiations on Brexit.
At the moment, whether or not a British citizen will be able to retain EU citizenship following Brexit depends on a number of accidents – whether you, a parent, grandparent or spouse happened to be born in another EU Member State; whether you happen to be currently residing in an EU Member State; and how the EU Member State you happen to be connected with manages its rules on naturalisation and dual nationality.
None of these factors has anything to do with how “European” a person may feel and none of them fit with the concept of European Citizenship and multiple layers of identity that Guy Verhofstadt is talking about.
Some MEPs, including Guy Verhofstadt, have shown that they understand the importance of EU citizenship to many British citizens and have made proposals around associate citizenship in an attempt to grapple with the issues but so far this has not been recognised in the EU negotiating position. Although not directly involved in the negotiations, the European Parliament will ultimately have to consent to the Withdrawal Agreement negotiated by the EU and the UK.  But the issues involved are too complex to leave to the blunt instrument of a potential veto from the European Parliament.

The EU and its Member States need to recognise that the issue of UK citizens’ futures in the EU post-Brexit is not just a question of a quid pro quo with the UK Government – rather, the way the EU treats its British citizens and their rights in the Brexit process is a test of its commitment to European values and the essence of EU citizenship. With the clock ticking on the Article 50 timetable, it is crucial that issues of EU citizenship and associated rights beyond the simple right to reside take centre stage if the EU is to live up to its values and send a signal about what Europe means for the future.
‘A “new dynamic” had been created by Theresa May’s speech in Florence last week, Michel Barnier said during a press conference with the Brexit secretary, David Davis.

Both parties agreed that progress had been made, especially on the issue of citizens’ rights, but it became clear from comments in Brussels and elsewhere that outstanding issues remained.’
https://www.theguardian.com/politics/2017/se

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You cannot be serious, man!

You may not have been able to listen to the Commons debate on the EU (Withdrawal) Bill last Thursday and Monday.

The speeches are available online. Some of them esp. Kier Starmer, Ken Clarke and Hilary Benn are really worth hearing.

The Government is seeking powers (“Henry VIII powers”) well beyond those it really needs, as a number of Honourable Members explained.

If the Bill granting those powers is passed, the Government could make other moves far beyond those necessary to leave the EU.

The Government could even use these powers to change the terms of the Withdrawal Bill itself without referring to Parliament. And let’s not forget that today’s Government could be gone tomorrow, so personal assurances by current incumbents about “come and see me” are worth absolutely nothing.

David Davis wants these “Henry VIII” powers to act without going back to Parliament again. They are supposedly to allow him, as Secretary of State, not only to “fill in the gaps” that are a consequence of the complex process of leaving the EU but also to make changes “wherever necessary”.

And why are they seeking powers of this enormous scope? Because the Government does not have a clue about what those gaps may be and what will be necessary.

Or do they want these powers in order to turn the UK into a low taxation, low regulation “Singapore off the coast of the EU”?

Theresa May has been committed to “Brexit is Brexit” since June 2016. As of September 2017, it is “clear” (a favourite word of hers) that neither she nor her ministers know the extent of what needs to be done.

And so the Secretary of State wants to be granted the power to do “whatever is necessary” (i.e. whatever TM and her Government haven’t yet got a clue about) without parliamentary scrutiny.

“We don’t know what we’re doing, but let us do it unsupervised anyway”.

How is this the UK’s Sovereign Parliament “Taking Back Control”? The Government is seeking to reserve powers to a Cabinet Minister, not to Parliament!

As we and our co-litigants successfully insisted over the triggering of Article 50: as we are doing this, we must do it properly, with our Sovereign Parliament in control.

We must not let Parliament be bypassed – whatever your political standpoint, giving a Government unfettered control is retrograde, undemocratic and very dangerous to boot!

Parliament has voted to approve the second reading, which means there will next be a committee stage before it comes back to Parliament.

This is the opportunity for the bill to be closely examined, for the Government to be closely questioned about why such wide-ranging powers should be necessary and how their use would be limited, aside from the “personal assurance” nonsense (see above) being bandied about in the House during the debate.

And just one more thing: accession to the EU, and treaties amending the EU (Maastricht, Lisbon etc.), were debated in the House for around 20 days. The government proposes that the incredibly important and complex issue of leaving the EU, which they themselves manifestly don’t understand, be allocated just 8 days for debate.

I suggest to you that the Government doesn’t learn from its past mistakes, a very worrying thing in itself. I believe it is in bulldozer mode again, seeking to push this measure through before MPs and their constituents (i.e. the British people) have had a proper opportunity to consider the ramifications and engage in the debate.

Please contact your MP and leave him/her in no doubt of your opinion about this attempted power grab, and the reasons behind it. Parliamentary democracy is hugely important and must not be given away, especially into such ignorant and irresponsible hands.

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“Well, frankly the Government can say whatever it wants, it doesn’t make it true.”

Here Tahmid Chowdhury of The People’s Challenge talks to RT about the Repeal Bill, Henry VIII powers and Fundamental Rights.

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The Government has produced a Bill that Dominic Grieve described as “a monstrosity of a Bill”, Sir Ken Clarke was equally unimpressed with the bill saying that assurances would just not cut it anymore!

Labour was just as scathing, Sir Keir Starmer spent a considerable amount of time lampooning David Davis, tearing great big holes in the Bill and reminding him that he had triggered a by-election over less controversial material.

We’ve probably all heard of The Perfect Storm. Apart from anything else, it’s a good film based on true events.

It seems the current political situation in the UK might be considered to be a perfect storm. Hmm.

A perfect storm is a naturally-occurring rare combination of circumstances which will aggravate a situation drastically. Classically, there are three elements:

• hotter air – there’s certainly plenty of that;
• cooler air – plenty of that too, although most seems to be abroad;
• humidity – there’s hardly a dry seat in the house;

Can the UK’s current political situation be considered natural? I don’t think so. It’s the product of cynical manipulation by various self-seeking factions, all of which rate their own ends far more highly than the best interest of the UK.

But there are certainly three very important elements in it which have now come together, whether by accident or by design:

• Brexit;
• The government’s attempted grab of “Henry VIII powers”;
• The flagrant disregard of human rights issues inherent in the Brexit situation.

The government is apparently determined to deliver Brexit on “her” own terms, because “the people have spoken”.

The type of Brexit was not part of the question that people were asked in the referendum, so the referendum result can’t be claimed to be a mandate to exit the EU with or without a deal of whatever kind.

The ramifications of leaving the EU are still far from clear, either to us or to the politicians, who are the only ones naïve enough to have allowed themselves to be left with this poisoned chalice.

The government tried to bulldoze its way through to triggering Article 50, but the UK people and the UK courts reined it in. It is now attempting to grab “Henry VIII powers” which would allow it to act without further reference to Parliament. Again, it must be reined in, and the people of the UK must show Parliament that it has their support to act in the best interest of the country.

This particularly involves MPs abiding by the oath they swore before taking their seats, and not being browbeaten by their party establishment into acting against the interests of their country, their constituents and/or their personal beliefs.

In the EU, many citizens have chosen to move to another EU country, whether temporarily or permanently, to live and work. Some have, perhaps for career reasons, moved round a lot.

All have relied on their status as not only a national of their own country, but also as an EU citizen, to do this with minimal difficulty. This has been the norm for over 40 years. Their rights to have their situation protected (as a “result” of a referendum in which many of them were refused the right to vote) are being given very little attention.

UK citizens resident in the UK with little desire to go elsewhere except on holiday are also affected…

The UK is heavily reliant on EU citizens to work in UK healthcare, and to harvest, process and serve food in the UK. As I have said elsewhere, UK citizens need other EU citizens to feed them, and to care for them when they’re being born, ill or dying, and it doesn’t get more fundamental than that. Freedom of movement is just the tip of the iceberg…

So, is this the perfect storm?

More like the perfectly dreadful storm! Setting the UK back half a century in its pursuit of a more modern and civilised way to co-exist and work together.

In fact, it’s probably a self-inflicted nuclear winter, where social, political and economic “progress” have all gone into reverse.

A perfect storm is a naturally occurring phenomenon. We can do little or nothing about it.

The current situation in the UK is far from that.

We can influence what happens, we can stop bigotry and idiocy driving us towards a very bad outcome for the UK, especially if this crazy “no deal is better than a bad deal” idea persists.

Nothing, nothing about the current situation is absolutely inevitable. We can change things for the better if we work together.

Current weather news shows us how bad storm damage can be. We also see that storms don’t always come one at a time, one hurricane may hide another… or several.

Leaving the EU

It is what it is (I don’t mean “Brexit is Brexit”, I promise)…

… just what is it? It’s not the product that was sold to us, is it? But what did we think we’d bought?

Cheques for £350m a week for the NHS –bounced before we even thought about cashing them.

The way to keep “foreigners” from “coming in and taking our jobs” – but apparently many of these jobs are ones we’re either unqualified for or unwilling to do – another body-blow for the beleaguered NHS, as well as one for all those struggling to grow, process and serve our food, for example.

The way to ensure that UK courts are the highest judicial authority in the land – but when they ruled that Parliament had to be consulted before Article 50 was invoked, who squealed like stuck pigs?

And if we are to retain access to the single market, which most people accept is important, how can the EUCJ not be the final authority on conformity to EU law?

Regaining control over our borders – why was this necessary, when we’d never lost control? Admittedly, a coastline of close to 19,500 miles is hard to patrol constantly, but being in or out of the EU doesn’t change that.

The way to open up our trade with the rest of the world, so much better than trading with the EU – I’m not going to insult your intelligence by going any further with that one.

But what was in the package that nobody mentioned? Quite a few things, as we have now found out. Euratom, national security, “divorce settlement”, economy and exchange rate diving, jobs going abroad…

So the “product” was inaccurately and inadequately described. Not to mention the lies, except I just did. And by the way, in the EU there is legal recourse (all the way to the EUCJ, in fact) when you’ve been sold a pup. Be that as it may, what do you do when you’ve been had?

You go and demand that whoever sold you whatever-it-was puts things right, don’t you?

… and the only time is now

Not now this minute, but now, before the clock stops ticking. On the brink of what any thinking person can see is disaster for the UK on so many fronts. Political, economic, social…

Let’s stop thinking that we’re still in the glory days of the British Empire, that if there’s fog in the Channel it’s the Continent that’s isolated.

Let’s stop hoping “it’ll be all right on the night”. For this particular play, there’s no plot and no script, there have been no rehearsals and so far the opening night’s a disaster. The only thing that’s worse than a comedy where nobody laughs is a drama where almost everyone does.

We need the EU, its strength, its security, the way it works for the benefit of its members, bent bananas be damned!

Recent events have shown that even the government acknowledges that we need to be part of the EU even if we’re not part of it… We need to replicate EU legislation and be subject to the EUCJ if we are to trade freely with the EU.

But replicating it won’t be enough to help UK citizens in the EU who rely on the EU-wide law which applied when they relocated, because it won’t be reciprocal. Same could apply to EU citizens who relocated to the UK. And remember, these decisions could have been made over 40 years ago.

We won’t get what we want in a post-Brexit deal without freedom of movement, which in fact we desperately need for many reasons, but especially to help keep us fed, and looked after when we’re being born, ill or dying. It doesn’t get much more fundamental than that.

And of course the EU needs the UK for its national security expertise, its mastery of the financial markets… and the fact that its mother tongue is the international language.

Then again, perhaps it doesn’t need the UK so very much after all. Centres of expertise, financial market experts, motor manufacturers who are here because we’re part of the EU, these are just some of those who are now poised for flight, or in the air already. And for those needing somewhere in the EU that speaks English… what’s wrong with Ireland?

Let’s just take a step back and consider all those things that were supposed to happen that won’t be happening. All those things that weren’t mentioned that are, and will be, happening. There’s no way it’s what people thought they were voting for.

Let’s be “very clear” about that, as TM is fond of saying.

So going in head down for Brexit at any price because “the people have spoken” is as redundant as refusing to acknowledge that Parliament did vote in favour of triggering Article 50.

Both of those are/were a bad idea. But as I said, it is what it is.

Now that we know a great deal more, and are hopefully better placed to make an informed decision, we need to work out where we go now: I mean from this hole we’re in to a position that’s in the best interest of the UK.

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