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8 FEBRUARY 1990 European Community (Right of Residence)

Mr. Tim Janman (Thurrock): The hon. Gentleman talks about an efficient and speedy system. Surely the system will be far more efficient and speedy if it is simply a matter of rules laid down by the House being interpreted honestly and with integrity-as they are by the professionals concerned, rather than those professionals having to put up with the interference of Members of Parliament, who are concerned not so much with whether the rules are being properly applied as, for obvious reasons, with getting votes in their constituencies.

Mr. Darling: That is a fatuous point. I am aware of the hon. Member's views on these matters, but it would not be particularly useful to go into them. Most hon. Members will know that, with the best will in the world, officials interpreting any rules, whether about immigration or any other matter, makes mistakes. it seems to me that there is a great deal of merit in having an appeal system. My experience is that if one knows that one's decision may be questioned or queried, it tends to be of a higher quality than it is if one knows that it will never be looked at again.

Lastly, I should like the Minister to talk about what is happening generally about the imposition of a common visa regime in respect of third countries. Quite clearly, that has a major bearing on the way in which these directives will work. It seems to me that, as Europe grows larger, in the political sense-perhaps by the day-there will be more movement. It will be a Europe in which people move across the old borders. There will be increasing demands from those who wish to marry or to form relationships with people outside Europe, and those demands will have to be considered and accommodated. I hope that we shall be able to avoid having a web of rules. I hope that we shall be able to avoid an extension of bureacracy-an extension which I fear we could get. If, at some future time, the Government come forward with proposals to remove the obvious difficulties that we have created by conferring rights on EC nationals while ignoring the plight of a large number of our own citizens, many people in this country will be profoundly grateful. At long last they will begin to think that all British citizens are treated equally, rather than that some get treatment that is at the expense of others.

9.52 pm

Mr. Jonathan Aitken (Thanet, South): The hon. Member for Edinburgh, Central (Mr. Darling) has done the House a service by drawing attention, in the main part of his speech, to the fact that the document highlights a new dimension of inconsistency between immigration rules under British law and immigration rules under EC law. As the hon. Gentleman said, there is no doubt whatever that much greater rights are now being given to EC nationals than are available to our own citizens. That matter should be the subject of a proper, and perhaps detailed, debate in the House.

Before turning to the kernel of that argument, let me begin, as so often on these nocturnal occasions, with a ritual protest about the inadequate way in which the House continues to scrutinise EC legislation. Rarely have we seen a more shameful example of our weak powers and unsatisfactory procedures in that regard. It is a matter of record, in Hansard recently, that during the past 12 months the European Commission sent to the House 765 directives or documents, consisting of well over 10,000 pages. A great many of them have become, or are in the

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process of becoming, law applicable to our subjects. Those documents, if they are scrutinised at all before being rubber-stamped, are scrutinised in late-night debates lasting only one and a half hours. They come to us in indigestible lumps. The situation is totally unsatisfactory, and this directive is a classic example of the need for better scrutiny.

Mr. Cormack: Does my hon. Friend agree that it would be a very good idea if, once every two weeks, we were to devote a day to these matters? Does he agree that that would have the added advantage of helping the Government in their legislative desires and ambitions?

Mr. Aitken: I agree entirely with my hon. Friend. I would be in favour of the extra day and of curbing some of the legislative excesses. I have a suspicion, perhaps an unworthy one, that tonight in particular my hon. Friends on the Treasury Bench have indulged in skilful stage management by putting on the debate as late as possible, when the House is as empty as possible, with the Minister making as technical a speech as possible, thereby luring us all into such a comatose state that we do not notice what is happening.

A radical change is being instituted in our immigration laws. We are right to draw attention to it. Let us begin by reminding ourselves of the status quo on immigration law. This is a highly populated island. Successive Governments for over a quarter of a century have exercised a policy of strict and, on the whole, fair immigration control. The basis of that control is a mixture of laws and immigration rules, which are carefully worded, which have been lengthily debated and which on the whole are precise.

The EC directive drives not merely a coach and horses through our immigration laws but, in effect, a whole succession of European juggernauts, which will completely change much of the basis of our immigration laws. For example, the directive extends the right of residence in Britain not merely to all 280 million EC nationals but to their families and relatives, many of whom will not even have to be EC nationals themselves. It may not add up to the River Tiber-

Mr. Peter Lloyd: I am sorry to interrupt the flow of my hon. Friend's argument, but he seems to be developing the line that the directive is making a huge change. It is not. The big change came with the signing of the treaty, which enabled those who are economically active to move freely about the Community. The directive will add a few much smaller groups. It defines them and makes it possible for them to move under the treaty. It is not the vast change that my hon. Friend suggests.

Mr. Aitken: I was not born yesterday. I have read the document. Of course, it is true that hitherto workers have had the right to move freely around the Community, but this is a big extension and not a trivial add-on, as the Minister suggests. I shall come to the precise definitions, woolly and vague as they are. They include not merely pensioners but a category of non-economically active persons and, most interestingly, a massive extension of the dependant category. We shall consider that closely.

I do not wish to over-dramatise the position. Before the Minister interrupted me, I was about to say that I do not think that the changes in the immigration rules will amount to the Tiber foaming with much blood, but it will be a case of the immigration headquarters at Croydon

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