Thread by @SimonFRCox

Gordon Brown is strong on a new Brexit process. And he has some good (some sloppy) ideas from other EU states could work for UK. Thread 1/

https://twitter.com/simonfrcox/status/1112008231180779520

In the single market, the states options for responding to EU migration are mostly determined by policies that *aren’t about migration* - workers protection, social security, national databases. 2/

It’s easy for Germany to have a system for registering non-German migrants who stay for longer than 3 months. Because Germany has a compulsory residence register for all the *German* citizens. And compulsory ID cards. 3/

So to debate responding to EU migration with laws and rules, UK must start by understanding how it’s “all the people” systems affect the few % who are migrants.

And understand how different other EU states are. 4/

In 2004, Sweden, UK & Ireland decided not to impose transitional controls on workers coming from the new EU states, like Poland & Latvia. 6/

New EU citizens came in larger numbers, proportionally, to UK’s open job market (where firing & hiring is easier) than to Sweden’s job market dominated by collective bargaining. gowlingwlg.com/en/insights-re… 7/

Successive UK Govs weakened workers rights, making it easier to fire them and replace them with other *British* workers.

The effects on immigration are a side-show, but an inevitable one. 6/

So the real question isn’t “should UK make it harder to hire foreign workers?” but “should UK laws make it so easy to fire existing workers & replace them?”

That’s the difference between UK and other EU states like Sweden & France. 7/

In France, Belgium, Germany, protective employment laws are evaded by contracting out work to businesses based in low-wage states which employ people resident there on lower wages than those France requires.

This is the “social dumping” Brown mentions 8/

But UK’s EU labour migrants aren’t mostly workers employed abroad brought here by their employer. They are employed by British employers & paid under UK law.

France’s problem is not the UK’s, so the solution doesn’t transfer. 9/

Brown says Germany “registers migrants as they arrive”. That’s wrong, as Gordon would know from last time he flew in to Germany. He wasn’t registered.

It would breach EU law which requires Germany to admit EU migrants for up to 3 months *without requiring registration* 10/

I’ve no idea what Brown meant by this false claim about Germany - or what UK problem would be addressed by this. It’s sad that this kind of nonsense came via him/his advisors, and got past the @Guardian

But it’s typical of the shoddy approach of UK politicians to this field 11/

Brown doesn’t mention UK’s strict rules requiring EU citizens to prove a current legal right to reside in UK before they can receive any entitlement to any cash benefits or social care. Unlike other EU states, UK doesn’t accept its own residence permits as proof of this 12/

UK’s rule - no need for EU27 cits to register, but no right to rely on a residence permit for social rights where one is issued - is unique afaik. Like the French & Belgian laws, it evolved because of *UK’s laws for its own citizens* 13/

UK isn’t Belgium. It doesn’t have mandatory citizen registration. It’s social security isn’t mainly contribution-based.

So instead of trying to control EU27 citz residence, UK succeeds in controlling EU27 citz access to social security.

But how many discuss that? 14/

I *know* Brown is just giving examples of what he thinks we might debate. But they are *lazy* ones, and they feed the deeply problematic idea that responses to migration are separate from big policy choices. 15/

Brown’s only non-migration topic is whether to empower UK courts to disregard a CJEU interpretation of EU law.

UK Supreme Court flagged this in Pham/B2 where it was argued (incl by me for @OSFJustice ) that EU law limits citizenship-stripping powers opensocietyfoundations.org/litigation/pha… 16/

But is CJEU-overreach a *resolvable concern* in UK’s context? This is a rallying cry for ultra-nationalists, who call the *British* courts & Parliament “enemies & traitors”. No reasonable solution will satisfy them. 17/

A genuine debate on “where next” must listen to the full range of concerns. But the entrenched trolling stance of a loud minority of Brexiters, led by ERG, will be a major distraction & challenge 18/

We should avoid the temptation to prepare solutions for theoretical or non-evidenced problems that others claim to have with the EU. 19/

It’s for those who have concerns and problems to be clear about the outcomes they might accept.

Look at experience of Conservatives “British Bill of Rights”. After many years of anti-Human Rights Act rhetoric, they have completely failed to agree on what they want instead. 20/

So, let’s:
- discuss what problems EU mem’ship is *actually* causing in UK
- learn what UK has already done (because maybe that’s as good as it can be)
- learn from other EU states responses (be aware their circs are very differnt)
- be honest about what laws can deliver 22/22