What will immigration policy be after Brexit?

The Tories were clear about their intentions from the beginning. In the Foreword to their White Paper on post-Brexit immigration policy May declared, “As we leave the European Union, free movement will end.”[1] But she also added: “For the first time in decades, it will be the democratically elected representatives of the British people who choose who comes into our country.” This promotes the claim that for the last few decades there was “uncontrolled immigration” – which, as we saw in the previous blog, was not true.  Given this bad start, there should be no surprise at the criticisms that quickly emerged. May had said that the government would

introduce a new, skills-based immigration system. This will be a system where it is workers’ skills that matter, not which country they come from.

It will be a single system that welcomes talent, hard work, and the skills we need as a country. It will attract the brightest and best to a United Kingdom that is open for business.

Migrants have made a huge contribution to our country over our history – and they will continue to in the future. But it will also be an immigration system that is fair to working people here at home. It will mean we can reduce the number of people coming to this country, as we promised, and it will give British business an incentive to train our own young people.[2]

The White Paper also announced that skilled workers would have to be earning £30,000 if they were to qualify for entry. In this way, preference was to be given to high earners while low earners would be much less welcome. Sabrina Huck of Labour Against Racism and Fascism summarised much of this approach when she pointed out that

“low skilled” workers from “low risk” countries (countries whose citizens are deemed less likely to commit immigration offences such as overstaying or coming under false premises)[3] can apply to work in the UK for up to 12 months, with no ability to bring family members, access different visa schemes or extend their stay, and without access to public benefits during their time. When the 12 months are up, the person is not allowed to re-apply for this visa until a “cooling off” period of a year has passed, effectively banning them from re-entering for work purposes in this time.[4]

Problems with Labour’s response to the White Paper and the Immigration and Social Security Bill

In her response to the White Paper, Shadow Home Secretary Diane Abbott was right to point out that the £30,000 salary threshold for skilled workers does not reflect a skills-based immigration system, because skill levels don’t always reflect salary levels. But, as Sabrina Huck noted, “Abbott is not challenging the basic assumption that a person’s ability to enter the country, and to live a life with full citizen’s rights, is determined by their material contribution to the needs of British capital.”[5] She added:

This is a dangerous line for the left to take, as it concedes to the right’s political argument that immigration in itself is not a right, and that people’s worth is determined by their (narrowly defined) value for the economic system. This argument underpins much of the Conservative’s [sic] austerity agenda, the demonisation of the working class, poor and disabled, as undeserving, because they do not “contribute” their “fair share” to society.[6]

Abbott’s response to the Bill itself increased these worries: “The Labour [P]arty is clear”, she said,

that when Britain leaves the single market, freedom of movement ends, and we set this out in our 2017 manifesto. I am a slavish devotee of that magnificent document: so on that basis, the frontbench of the Labour [P]arty will not be opposing this bill this evening.[7]

In the event, the Labour front bench changed its mind and whipped MPs to vote against the Bill, rather than abstain, after protests by several MPs and an immediate on-line and email protest from Labour activists and others. But it took the front bench 90 minutes to do this, after MPs had originally been told they could go home as their votes were not required. Many of them did. Only 178 out of 256 Labour MPs were present to vote.[8]

It is, of course, true that the Labour manifesto appeared indistinguishable from the Tory White Paper and the Bill when it came to freedom of movement: “Freedom of movement will end when we leave the European Union. Britain’s immigration system will change …” it said.[9] It is also true that assurances were given that Labour would not “scapegoat migrants nor blame them for economic failures” and that Labour “will develop and implement fair immigration rules” and “not discriminate between people of different races or creeds.”[10] But how fragile are these assurances in the light of Labour’s incomprehensible original decision to abstain? Such a possibility should not even have crossed the leadership’s minds. For there were overwhelmingly more important reasons to vote against the Bill. In the words of David Lammy, MP for Tottenham:

It will force our NHS and other vital services into an even deeper staffing crisis. There are already 41,000 nursing vacancies in England. The salary threshold still under consideration would exclude many skilled medical staff, including nurses, paramedics and midwives.

It continues the inhumane practice of indefinite detention. We remain the only European country which does not set a time limit for detained migrants. This sullies our international reputation and undermines complaints we make about human rights abuses abroad.

The 1.2 million [UK citizens in Europe] will inevitably see their own rights eroded too. Overnight they could lose their ability to live and work freely in Europe. Young people who overwhelmingly want the chance to live across the continent are having their horizons permanently narrowed.[11]

The Labour Campaign for Free Movement couldn’t understand abstention either:

The Bill would end free movement for EU citizens and subject them to UK immigration control. Rather than having parliament specify what the new regime will be, it would hand over a blank cheque to Ministers who will be able to write and re-write the law themselves – so-called “Henry VIII powers”. The Government’s White Paper last month signalled some of their intentions – a brutal attack on the rights and security of migrants, especially working-class migrants.[12]

It was impossible not to be reminded of the fiasco of the Labour abstention during the Tories’ Welfare Bill debate in 2015, at the height of the first Labour leadership elections. The Bill was set to impose measures under which the most vulnerable in society would have to bear the heaviest burden: measures proposed in the Bill meant that, for the first time, tax credits and family benefits under Universal Credit would  be limited to the first two children and that most working age benefits would be frozen for four years from 2016.^[13] People claiming the working element of the Employment and Support Allowance (ESA) would have their payments reduced to match the Job Seeker’s Allowance (JSA),^[14] and the benefit cap was to be reduced from £26,000 a year to £23,000 in London, and £20,000 in the rest of the country.^[15] Moreover, many young people between the ages of 18 and 21 would no longer be able to claim Housing Benefit.^[16] Most people expected Labour to vote against such measures, which impacted so negatively on the poor. But the party’s Acting Leader, Harriet Harman, decided otherwise. She told Andrew Neil on The Sunday Politics:

We won’t oppose the Welfare Bill, we won’t oppose the household benefit cap. [We won’t oppose] what they brought forward in relation to restricting benefits and tax credits for people with three or more children … We’ve got to recognise why the Tories are in government and not us, not because [voters] love the Tories but because they didn’t trust us on the economy and on benefits.^[17]

Harman went on to instruct Labour MPs to abstain in the Commons vote on the Bill.^[18] This caused much dissent among MPs, and Harman tried to defuse the crisis by tabling a “reasoned amendment” to the Bill, an amendment which changed nothing since it still supported controls on the overall costs of social security and backed proposals such as the lower benefits cap, the removal of tax credits from families with more than two children and the replacing of mortgage interest support with loans. Among the leadership candidates, only Corbyn voted against the Bill.

On that occasion, Corbyn was the hero, together with John McDonnell. They refused to pander to the prejudices and misperceptions about benefits that some voters entertained. Instead they tried to counter and dispel them. John McDonnell made a powerful speech:

I would swim through vomit to vote against the Bill, and listening to some of the nauseating speeches tonight, I think we might have to.

Poverty in my constituency is not a lifestyle choice; it is imposed on people. We hear lots about how high the welfare bill is, but let us understand why that is the case. The housing benefit bill is so high because for generations we have failed to build council houses, we have failed to control rents and we have done nothing about the 300,000 properties that stand empty in this country. Tax credits are so high because pay is so low. The reason pay is so low is that employers have exploited workers and we have removed the trade union rights that enabled people to be protected at work. Fewer than a third of our workers are now covered by collective bargaining agreements. Unemployment is so high because we have failed to invest in our economy, and we have allowed the deindustrialisation of the north, Scotland and elsewhere. That is why the welfare bill is so high, and the Bill does as all other welfare reform Bills in recent years have done and blames the poor for their own poverty, not the system … We need a proper debate about how we go forward investing in housing, lifting wages, restoring trade union rights and ensuring that we get people back to work and do not have high pockets of deprivation in areas such as mine and around the country … I say to Labour Members that people out there do not understand reasoned amendments; they want to know whether we voted for or against the Bill. Tonight I will vote against it.^[19]

In the debate on the Immigration and Social Security Bill this week he could have stood ready to counter and dispel the current prejudices and misperceptions about immigration and migrants. Instead he, Corbyn, Abbott and the rest of the front bench stood ready to give in to them. It took a rebellion to stop that happening.

What fears do people have? One of them is the notion that immigrants take jobs from the native population and depress wages. Liberal leader Vince Cable has summarised some of the arguments on this:

At the heart of the politics of immigration is the belief, repeated by Theresa May as a fact, that immigrants, especially unskilled immigrants, depress wages. At first sight the argument seems plausible – and undeniably there is low-wage competition in some places. But there is no evidence that this is a general problem. [In 2013, during the coalition government] I commissioned a range of reviews and studies to establish the facts. They showed that the impact on wages was very small (and only in recession conditions). By and large, immigrants were doing jobs that British people didn’t want to do (or highly skilled jobs that helped to generate work for others). This research was inconvenient to the Home Office, which vetoed the publication of its results.[20]

In 2016, Paul Johnson of the Institute for Fiscal Studies produced a report and asked:

But aren’t all these foreigners taking our jobs? That’s true in the Premier League. The more foreign footballers there are playing for the top clubs, the fewer English players there will be. There’s only room for 11 players in a starting XI.

Yet there is not a fixed number of jobs in the economy. There are seven million more people in work in the UK than there were 40 years ago. Astonishingly, there are nearly two million more than immediately before the recession in 2008. Employment rates among the UK-born are close to record levels. More people means more jobs, not more unemployment. There is absolutely no evidence that higher levels of immigration have increased unemployment among native-born Brits.[21]

On wage levels he wrote:

Evidence on wage impacts is a bit less conclusive. While many studies do not find any evidence of immigration depressing wages, a recent Bank of England paper suggests that the impact of migration on UK-born lower-skilled workers might have been to reduce wages by 1 per cent over a period of eight years. Thus it may have played a part, though only a minor one, in recent experience of low or negative pay growth.[22]

So, just as Harriet Harman should have argued against benefit cuts and voted them down in 2015 instead of pressing the panic button, Corbyn and the Labour front bench should have argued against immigration myths and should never have tried to press the abstain button. They must never do this again.

Corbyn says that after Brexit we will have a new immigration policy. But for some of us our confidence has been shaken by this episode. We need to know what the new policy will be. It should be spelt out now. At a conference last year, the journalist Gary Younge argued that, while the promises and plans of the Labour leadership under Corbyn are welcome news, we still have to hold these politicians to account. In that context, Sabrina Huck has some good advice for us all:

Anti-racism campaigners have a duty to oppose the toxic hostile environment through engaging the public in a positive debate about immigration, challenge the arguments that a person’s value for society can be determined purely based on their economic contribution and by effectively lobbying parliamentarians to oppose legislation enforcing these immigration policies.[23]

[1] White Paper: “The UK’s future skills-based immigration system”: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/766465/The-UKs-future-skills-based-immigration-system-print-ready.pdf, p. 3.

[2] Ibid.

[3] The White Paper counts, among others, Australia, the US, New Zealand, Japan, South Korea and Singapore as “low risk” countries. Poorer countries (e.g. African and Arab countries) are likely to be classified as “high risk”. Thus, for all the talk of more opportunities for people from outside the EU to come and work in Britain, workers from the global south will be virtually excluded.

[4] “The Immigration White Paper represents a massive attack on migrants’ rights”, Labour Against Racism and Fascism: https://laraflondon.wordpress.com/2019/01/04/the-immigration-white-paper-represents-a-massive-attack-on-migrants-rights/

[5] Ibid.

[6] Ibid.

[7] House of Commons debate, 28 January 2019: https://www.theguardian.com/politics/2019/jan/28/labour-in-embarrassing-u-turn-over-immigration-bill-vote

[8] By my calculation, since the government won the vote by 297 votes to 234 (a majority of 63), if the full quota of Labour MPs had turned up to vote against them (another 78), the government would have lost the vote on the Bill.

[9] Labour Manifesto 2017, p. 28: https://labour.org.uk/wp-content/uploads/2017/10/labour-manifesto-2017.pdf

[10] Ibid.

[11] In a series of three tweets on 28 January 2019, before the front bench change of mind, declaring his intention to vote against the Bill.

[12] Labour Campaign for Free Movement email, 29 January 2019.

[13] “Benefit changes: Who will be affected?”, BBC News, 8 July 2015: http://www.bbc.co.uk/news/business-33429390 (accessed 29/3/2017).

[14] Ibid.

[15] Ibid.

[16] Ibid.

[17] “Labour won’t oppose Welfare Bill”, BBC News, 12 July 2015: http://www.bbc.co.uk/news/av/uk-33498110/labour-won-t-oppose-welfare-bill (accessed 2/1/2018).

[18]

[19] Commons Hansard, 20/7/2015, House of Commons, London: https://hansard.parliament.uk/commons/2015-07-20/debates/1507206000001/WelfareReformAndWorkBill (accessed 29/3/2017).

[20] “The Tory fallacy: that migrants are taking British jobs and driving down wages”:

https://www.theguardian.com/commentisfree/2017/sep/08/tory-fallacy-migrants-british-jobs-wages-brexit

[21] Immigration limits won’t lift Britain: https://www.ifs.org.uk/publications/8317

[22] Ibid.

[23] “The Immigration White Paper represents a massive attack on migrants’ rights”, Labour Against Racism and Fascism: https://laraflondon.wordpress.com/2019/01/04/the-immigration-white-paper-represents-a-massive-attack-on-migrants-rights/