My Lords, Amendment 46 is in my name and those of my noble friend Lord Purvis of Tweed, the noble Earl, Lord Clancarty, and the noble Baroness, Lady Bull. This amendment seeks to ensure that the Secretary of State takes all necessary steps to secure a mobility framework with the European Union. It is strikingly similar to one that your Lordships voted to include in the last version of this Bill. I am a little disappointed with the Government, and a little sad that they did not see fit to incorporate that amendment into the body of the third version of the Trade Bill, because the House had spoken very clearly on its preferences.
I am surprised also because the Secretary of State has been voluble about the role of services in the UK’s trading future. She claims that we are the world’s
second largest services exporter—I certainly do not dispute that—and Europe’s pre-eminent destination for tech investment. We rely on people to develop those services; we rely on people to take those services out and sell them around the world; and we rely on the reciprocal movement of people around the world in order for services and our services industry to thrive. This is true in a huge number of sectors, not least in areas such as the performing arts and culture, which I know will be addressed by other speakers. And yet, the message sent through the narrow criteria of the immigration Bill is really the opposite.
We live in difficult times for employment, and the statistics today from the ONS around unemployment are extremely worrying. However, I will focus on the central skills environment. Other data reported by the ONS—last Thursday, I think—finds that between 2017 and 2019 there were 32.3 million people employed in the UK workforce, of which 11% were non-British nationals, among which about two-thirds were from the EU and one-third were non-EU nationals. Within that, 12% of key workers in the health and social care sector were non-British nationals. I should remind your Lordships that this sector is desperately seeking to recruit more people; there are literally hundreds of thousands of vacancies.
As your Lordships know, the immigration Bill ushers in a new skills-based work migration system, which comes into force after the transition period. This points-based system will require applicants to reach 70 points to be able to work in the United Kingdom. Points will be awarded based on qualifications, salary on offer, ability to speak English and whether the relevant sector is suffering from staff shortages. The salary threshold has been lowered to £25,600. I would point out that this is still well above the sum earned by many non-EU key workers, particularly in and around the care sector. One thing the Covid crisis has demonstrated is that salary is not the best indicator of people’s value to our communities.
The Migration Advisory Committee is already seeking to widen the lens of migration into this country. Its latest report says:
“Senior care workers and nursing assistants are among the occupations that should be added to the”
shortage occupation list
“to relieve pressure when freedom of movements ends … Other occupations which should be added to the UK-wide list include butchers, bricklayers and welders … The MAC has also recommended additions to separate lists for all of the devolved nations … This includes extra fishmongers, bakers and horticultural workers for Northern Ireland, childminders and nursery nurses for Scotland and health professionals for Wales.”
This is a valiant effort by the MAC but, looking across the Floor to the government Benches, it is hard to believe that, when noble Lords signed up to become members of the Conservative Party, and when they handed over their membership fees, they did so in order to elect a Government to micromanage the number of fishmongers in Belfast. Is this really an approach that a Conservative Government should be even thinking of? Would not a mobility framework be better at this than trying to track and trim every sub-level of trade and profession in every region and to try to manage their supply.
I am sure that the Minister will say this Bill is only about continuity agreements. That is not strictly true, as we know, because the Government have added amendments that address the wider trade agenda. If we look at the continuity agreement with Switzerland, for example, we find that a new element has been inserted—not quite the continuity agreement. The Swiss citizens’ rights agreement is a mobility framework that provides Swiss nationals and their family members living in the UK at the end of the implementation period with the right to continue to stay in the UK. It seems that the Government are amenable to the concept of mobility frameworks in continuity agreements—at least when it comes to Swiss bankers and gold traders.
I will turn to other deals. What about the deal with Japan? I know that details are still being filtered out around this, but the EU-Japanese deal—which our deal replaces—has a mobility framework. According to the European Commission, the agreement includes the most advanced provisions on movement of people for business purposes that the EU has negotiated so far. It covers categories such as intercorporate transfers, business visitors, contractual service suppliers, and the EU and Japan have agreed to include spouses and children to accompany service suppliers or those who work for a service supplier. So we know that the European Union is amenable to negotiating such deals. Can the Minister confirm whether the UK-Japanese deal also includes a mobility framework?
I do not think that either Minister, in their heart, wants the sort of migration environment proposed by the Government. In fact, I think that they understand the stifling nature of this. But it is probably too much to expect the Minister to admit this. However, I ask him to please tell your Lordships whether the UK-Japanese trade deal contains a mobility framework such as the one in the EU deal that it agrees to replace. We know that the UK does mobility because the Swiss-UK deal has added mobility to its scope—and we know that the EU does mobility through its Japanese settlement. Why not put these two together? Why not introduce a bit of consistency? By accepting this amendment, the Minister would acknowledge that mobility frameworks are to our mutual advantage, and he would be opening Her Majesty’s Government to the possibility of an EU mobility framework. I beg to move Amendment 46.