A very modest Lib Dem rebellion on the benefits cap

Sarah Teather dodged a vote the first time round, now she has sided with Labour.

Sarah Teather, Liberal Democrat MP for Brent Central and children and families minister until she was sacked in the autumn reshuffle, was on the front page of the Observer last weekend decrying the effects of the government's benefits cap. She called it "immoral and divisive" and said she saw clear evidence while in government that the policy wouldn't save money while being sure to inflict social harm and trauma to some very poor, vulnerable families.

Teather is not the only Lib Dem to have strong feelings about the cap and its passage into law provoked a mini rebellion in the party ranks. As a minister, Teather was obliged to support government policy but found a way to be absent from the crucial votes. That pointed abstention provoked fury on the Tory side and triggered demands for her resignation.

As it happens, that wasn't quite the end of the cap's journey into law. As I noted in my column the other week, there was still a 'deferred division' due on a statutory instrument bringing in the last regulations required to implement the policy. This is an unglamorous parliamentary procedure - a tying up of loose ends - that allows MPs to signal their assent or dissent without a noisy debate in the floor of the chamber. It happened yesterday.

Having read about Teather's feelings on the cap, I was curious to see if she would put her vote where her mouth had been on the weekend and side with Labour. A quick look at today's Hansard, column 692, reporting the list of voting MPs confirms, that indeed she did. Not the noisiest, most flamboyant, well-advertised rebellion in Commons history. But a rebellion none the less.

Liberal Democrat MP and former children's minister Sarah Teather. Photograph: Getty Images.

Rafael Behr is political columnist at the Guardian and former political editor of the New Statesman

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Nobody's bargaining chips: How EU citizens are fighting back against Theresa May

Immigration could spike after Brexit, the Home Affairs select committee warned. 

In early July, EU citizens living in Scotland received some post from the First Minister, Nicola Sturgeon. The letters stated: “The immediate status of EU nationals living in Scotland has not changed and you retain all the same rights to live and to work here. I believe those rights for the longer term should be guaranteed immediately.”

The letters were appreciated. One Polish woman living on a remote Scottish island posted on social media: “Scottish Government got me all emotional yesterday.”

In reality, though, Sturgeon does not have the power to let EU citizens stay. That rests with the UK Government. The new prime minister, Theresa May, stood out during the Tory leadership contest for her refusal to guarantee the rights of EU citizens. Instead, she told Robert Peston: “As part of the [Brexit] negotiation we will need to look at this question of people who are here in the UK from the EU.”

As Home secretary in an EU member state, May took a hard line on immigration.  As PM in Brexit Britain, she has more powers than ever. 

In theory, this kind of posturing could work. A steely May can use the spectre of mass deportations to force a hostile Spain and France to guarantee the rights of British expat retirees. Perhaps she can also batter in the now-locked door to the single market. 

But the attempt to use EU citizens as bargaining chips may backfire. The Home Affairs select committee warned that continued policy vagueness could lead to a surge in immigration – the last thing May wants. EU citizens, after all, are aware of how British immigration policy works and understand that it's easier to turn someone back at the border than deport them when they've set up roots.

The report noted: “Past experience has shown that previous attempts to tighten immigration rules have led to a spike in immigration prior to the rules coming into force.”

It recommended that if the Government wants to avoid a surge in applications, it must choose an effective cut-off date for the old rules, whether that is 23 June, the date Article 50 is triggered, or the date the UK finally leaves the EU.

Meanwhile, EU citizens, many of whom have spent decades in the UK, are pursuing tactics of their own. UK immigration forms are busy with chatter of UK-based EU citizens urging one another to "get your DCPR" - document certifying permanent residence - and other paperwork to protect their status. More than 1,000 have joined a Facebook group to discuss the impact of the referendum, with hot topics including dual nationality and petitions for a faster naturalisation process. British citizens with foreign spouses are trying to make the most of the "Surinder Singh" loophole, which allows foreign spouses to bypass usual immigration procedures if their British partner is based in another EU country. 

Jakub, a classical musician originally from Poland, is already thinking of how he can stay in the UK, where there are job opportunities for musicians. 

But he worries that although he has spent half a decade in the UK, a brief spell two years ago back in Poland may jeopardise his situation.“I feel a new fear,” he said. “I am not sure what will happen next.”