Prime Minister David Cameron at a property where six illegal immigrants were arrested this week. Photo: Getty
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Cameron's crackdown on migrant benefits is too little, too late to help him

Has the government's series of changes to European rules been too slow, and too limited, to convince the public that Britain should remain in the EU?

The Prime Minister’s announcement this week that he will slash the time period during which EU immigrants are entitled to benefits was welcomed by the Tory right and Eurosceptics of all tribes.

On Tuesday David Cameron announced plans to halve the period over which European migrants can claim benefits from six months to three, unless the migrants have “very clear job prospects”.

Other measures announced included tougher rules on universities which sponsor visas for international students to study in the UK and stipulations that recruiters must publicise all British jobs in the UK – in English – and not only tout them abroad.

The latest wave of reforms follow another crackdown on migrants last November, when the government declared plans to implement a three month “qualification period” before EU immigrants could begin to claim out-of-work benefits in the UK.

That announcement itself followed rule changes for migrants declared in May last year: a “right to reside” test applied to EU migrants to assess certain welfare benefits.

The reforms have been metered out in a slow, drip-like fashion. While the latest round was cheered in many quarters, this piecemeal series of concessions throws up troubling questions for the government.

The first concerns the scope of the changes. Are they significant enough to quieten restive anti-EU factions? While this week’s headline reform – halving the time period during which migrants can claim benefits – sounds impressive, it is, of course, subject to fine print.

And that reveals that it only covers job seekers’ allowance, child tax credit and child benefit, and applies only to new arrivals to Britain who have never worked here; those who have worked in Britain for six months automatically achieve “worker status”, which, according to EU rules, entitles them by law to certain social security and assistance. So the new rules will affect a relatively small proportion of EU migrants to the UK.

Many of the government’s headline-grabbing reforms appear similarly diminished when examined. The limited scope of these reforms pours fuel on the fire of the Eurosceptics’ argument that significant unilateral reform of EU rules is impossible. Given that reform at EU-level looks even equally difficult (appetite among other nations is weak), the future of Britain’s membership of the EU appears increasingly shaky.

The second question is perhaps more awkward for the government. Given rising public anger about, and an obsession in Westminster with, migrants’ access to benefits since 2010, why did the government not implement these, albeit limited, reforms earlier?

Unwillingness to be dragged into legal wranglings with the European Commission may have been a delaying factor. If so, that fear was founded: the Commission has already announced its intention to investigate the legality of the UK’s three-month limit for benefits this week.

Cameron has not ducked legal battles with the EU in the past, however. The Commission referred the UK to the European court of Justice last May over the “right to reside” test, for example. (In that instance, the Commission argued that the test was impermissible because it discriminated against non-British Europeans, since British citizens automatically passed the test.)

The question of why the government did not act earlier becomes even more confusing, when the right of EU nations’ governments to restrict, in certain ways, the entitlement of migrants to welfare seems enshrined in EU treaties already.

Amid the dense, highly technical stipulations of EU Directive 2004/38, for example, is Article 24, which states: “The host Member State shall not be obliged to confer entitlement to social assistance during the first three months of residence”.

Then, later: “It should be left to the host Member State to decide whether it will grant social assistance during the first three months of residence, or for a longer period in the case of job-seekers, to Union citizens other than those who are workers or self-employed persons”.

The long wait for reforms and their limited scope prompt the question: are these changes too little, too late to convince rightwing Conservatives, and the public at large, that genuine and significant reform of EU rules are possible in Britain?

Lucy Fisher writes about politics and is the winner of the Anthony Howard Award 2013. She tweets @LOS_Fisher.

 

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We still have time to change our minds on Brexit

The British people will soon find they have been misled. 

On the radio on 29 March 2017, another "independence day" for rejoicing Brexiteers, former SNP leader Alex Salmond and former Ukip leader Nigel Farage battled hard over the ramifications of Brexit. Here are two people who could be responsible for the break-up of the United Kingdom. Farage said it was a day we were getting our country back.

Yet let alone getting our country back, we could be losing our country. And what is so frustrating is that not only have we always had our country by being part of the European Union, but we have had the best of both worlds.

It is Philip Hammond who said: “We cannot cherry pick, we cannot have our cake and eat it too”. The irony is that we have had our cake and eaten it, too.

We are not in Schengen, we are not in the euro and we make the laws that affect our daily lives in Westminster – not in Europe – be it our taxes, be it our planning laws, be it business rates, be it tax credits, be it benefits or welfare, be it healthcare. We measure our roads in miles because we choose to and we pour our beer in pints because we choose to. We have not been part of any move towards further integration and an EU super-state, let alone the EU army.

Since the formation of the EU, Britain has had the highest cumulative GDP growth of any country in the EU – 62 per cent, compared with Germany at 35 per cent. We have done well out of being part of the EU. What we have embarked on in the form of Brexit is utter folly.

The triggering of Article 50 now is a self-imposed deadline by the Prime Minister for purely political reasons. She wants to fix the two-year process to end by March 2019 well in time to go into the election in 2020, with the negotiations completed.

There is nothing more or less to this timing. People need to wake up to this. Why else would she trigger Article 50 before the French and German elections, when we know Europe’s attention will be elsewhere?

We are going to waste six months of those two years, all because Prime Minister Theresa May hopes the negotiations are complete before her term comes to an end. I can guarantee that the British people will soon become aware of this plot. The Emperor has no clothes.

Reading through the letter that has been delivered to the EU and listening to the Prime Minister’s statement in Parliament today amounted to reading and listening to pure platitudes and, quite frankly, hot air. It recalls the meaningless phrase, "Brexit means Brexit".

What the letter and the statement very clearly outlined is how complex the negotiations are going to be over the next two years. In fact, they admit that it is unlikely that they are going to be able to conclude negotiations within the two-year period set aside.

That is not the only way in which the British people have been misled. The Conservative party manifesto clearly stated that staying in the single market was a priority. Now the Prime Minister has very clearly stated in her Lancaster House speech, and in Parliament on 29 March that we are not going to be staying in the single market.

Had the British people been told this by the Leave campaign, I can guarantee many people would not have voted to leave.

Had British businesses been consulted, British businesses unanimously – small, medium and large – would have said they appreciate and benefit from the single market, the free movement of goods and services, the movement of people, the three million people from the EU that work in the UK, who we need. We have an unemployment rate of under 5 per cent – what would we do without these 3m people?

Furthermore, this country is one of the leaders in the world in financial services, which benefits from being able to operate freely in the European Union and our businesses benefit from that as a result. We benefit from exporting, tariff-free, to every EU country. That is now in jeopardy as well.

The Prime Minister’s letter to the EU talks with bravado about our demands for a fair negotiation, when we in Britain are in the very weakest position to negotiate. We are just one country up against 27 countries, the European Commission and the European Council and the European Parliament. India, the US and the rest of the world do not want us to leave the European Union.

The Prime Minister’s letter of notice already talks of transitional deals beyond the two years. No country, no business and no economy likes uncertainty for such a prolonged period. This letter not just prolongs but accentuates the uncertainty that the UK is going to face in the coming years.

Britain is one of the three largest recipients of inward investment in the world and our economy depends on inward investment. Since the referendum, the pound has fallen 20 per cent. That is a clear signal from the world, saying, "We do not like this uncertainty and we do not like Brexit."

Though the Prime Minister said there is it no turning back, if we come to our senses we will not leave the EU. Article 50 is revocable. At any time from today we can decide we want to stay on.

That is for the benefit of the British economy, for keeping the United Kingdom "United", and for Europe as a whole – let alone the global economy.

Lord Bilimoria is the founder and chairman of Cobra Beer, Chancellor of the University of Birmingham and the founding Chairman of the UK-India Business Council.