We are being deceived – UK already has the powers to control EU migration

UK doesn’t use these powers because the extra jobs (2.2m), extra tax (2014= £14.71b less benefits £2.56b) and £50b a year spending keeps our economy going.


 One of the four freedoms enjoyed by EU citizens is the free movement of workers. This includes the rights of movement and residence for workers, the rights of entry and residence for family members, and the right to work in another Member State and be treated on an equal footing with nationals of that Member State.

There are 4 major arguments in favour of stopping EU migrants exercising this freedom to come and work in the UK. Each of these arguments is untrue.

Claim 1 – “Inability for the UK to control migration into the UK”

The rules and safeguards for the Freedom of Movement can be found here


A summary of these rules are:

Freedom for a citizen of another EU member state to move to the UK applies to

  • Economically active EU-citizens (i.e. working)
    • Plus their families if EU-citizens
  • Non-economically active EU-citizens for up to 3-months
  • Non-economically active (not working) EU-citizens longer than 3-months provided:
    • They can show they have sufficient finance
    • They take out a comprehensive sickness insurance policy
  • FoM does not apply to
    • Non-economically active EU-citizens without funds
    • Non-economically active EU-citizens without sickness insurance
    • EU-citizens who have no realistic chance of working
    • Family members of an EU citizen who is not an EU Citizen may reside in the UK but does not have an automatic right to work
  • Benefits
    • EU-citizens working in the UK acquire rights to benefits after working for a period
    • EU-citizens not working do not have rights to Benefits
  • The UK has the right to restrict FoM through:
    • Suspension of the FoM for up to 7 years from when a new member country joins by
      • Preventing/prohibiting movement or
      • UK can insist upon work permits for each migrant
      • Benefit/Welfare “tourism” is illegal

No-one has been prosecuted to-date as UK is not tracking the issue

UK has, on many occasions, chosen not to enforce these restrictions


There is a view that our politicians have either misunderstood these provisions or deliberately ignored them – read this blog from 2013 by Professor Brad Blitz for his view.

UK chose not to control the 2004 inflow of migrants

Certainly it is true that one of the sharpest rises in net migration came in 2004, when the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia joined. However it is also fact that the UK was one of only 3 of the original EU members to choose not to apply transitional restrictions on these eight countries   and as such the UK invited this surge.  They could have avoided it if they wished.  Restrictions can apply for up to 7 years after a new member joins the EU and there are provisions to restrict movement if there should be any localised “surges”.

UK does not know or track how many migrants are in the country

It is important to realise that the UK does not know how many EU migrants are in the country, as migrants are not checked or tracked. The numbers provided by Government are estimates only.  The total migrant population is measured through the Labour Force Survey (LFS) and the Annual Population Survey (APS), which aggregates and supplements LFS data to improve statistical accuracy. The annual movement of migrants is measured primarily through the International Passenger Survey (IPS), which surveys passengers at UK ports, with additional data on migration to and from Northern Ireland and Home Office data on asylum seekers.

The UK could have managed the inflow of EU migrants and chose not to.

Claim 2 – “Need to restrict and /or eliminate so called “Benefit Fraud” and “Welfare Tourism””

An ongoing claim of the anti-EU lobby has been that EU migrants are coming to the UK merely to access public services and the host state’s benefits system.  Indeed the UK Prime Minister Theresa May, when Home Secretary, claimed that these citizens are “benefit tourists.” However, whilst this has not stopped Ms May making this claim, the British government keeps no figures on how many European Union nationals claim welfare payments in the UK and so there is no evidence to back these claims.

Actually, when checked then rather than being a “unacceptable burden” our EU migrants are contributing significantly to the economy, far more than their UK-native counterparts.

A FactCheck study on these claims showed that EU migrants rather than being a drain on the UK bank balance actually contribute significantly, far more than their UK-native counterparts.

According to the European Commission, between 2004 and 2009 free movement from newer member countries increased the GDP of the old EU member countries by almost one percent.

A further study showed that where UK-natives (during 2001-2011) claimed more than they paid in Tax the reverse was the case for EU Migrants who contributed significantly.


So there is no Benefit Tourism that the UK can point to however, even if there were migrants abusing the system as claimed then the FoM directive is clear. The directive enables Member States to adopt the necessary measures to refuse, terminate or withdraw any right conferred in the event of abuse of rights or fraud, such as marriages of convenience.  Article 35 of the directive expressly grants Member States the power, in the event of abuse or fraud, to withdraw any right conferred by the directive.  The Migrant could be removed from the UK as well as prosecuted for Fraud.

The problem would seem to be more one of lack of control by the UK Government rather than “Benefit Tourism” by migrants.

Claim 3 – “Migrants reduce wages and take jobs of the UK-natives”

Another false claim I’m afraid.

This paper from the Centre for Research and Analysis of Migration (CReAM) at UCL found that immigration depressed wages slightly for the very low paid between 1997 and 2005. But the overall effect over the whole wage distribution was slightly positive.

Another report looked specifically at the period when the UK experienced a surge of EU migration 2004-2006 and found “Despite anecdotal evidence, we found little hard evidence that the inflow of accession migrants contributed to a fall in wages or a rise in claimant unemployment in the UK between 2004 and 2006.”


Research commissioned by the Migration Advisory Committee found that “inflows of working-age EU migrants did not have a statistically significant association with native employment” between 1995 and 2010.

Finally a study Brexit and the Impact of Immigration on the UK concluded:

  • There is also little effect of EU immigration on inequality through reducing the pay and jobs of less skilled UK workers. Changes in wages and joblessness for less educated UKborn workers show little correlation with changes in EU immigration.
  • EU immigrants pay more in taxes than they take out in welfare and the use of public services. They therefore help reduce the budget deficit. Immigrants do not have a negative effect on local services such as crime, education, health, or social housing

Claim 4 – “Unfair pressures on the NHS and public services caused by this uncontrolled mass migration”

This would, on the face of it, provide the most pressing argument in the case against FoM.  Surely uncontrolled migration into an area could and has swamped local services and increased pressure on Public Services such as increased NHS waiting times.

Well, the first thing to consider is that the UK has singularly failed to apply the controls available to manage the movement of migrants, opting not to impose transitional restrictions in 2004 and failing to even track where EU migrants are. The truth is the Government do not know if this is an issue or not.

However, once again, facts disprove these allegations and a study of nationwide immigration data shows that immigration actually reduced waiting times for outpatient referrals. On average, a 10 percentage point increase in the share of migrants living in a local authority would reduce waiting times by 9 days.

A Channel4 FactCheck on the topic concludes:

“The Office for Budget Responsibility accepts the basic point that immigrants tend to improve the country’s finances. A major cut in immigration would mean tax hikes or more spending cuts, the watchdog has said.

This is because migrants tend to be younger and healthier, so they are more likely to be in work and paying taxes and less likely to be retired or to need healthcare.

HMRC recently said that recently arrived EEA nationals paid £3.1bn in income tax and national insurance in 2013/2014. They took out £0.56bn in HMRC benefits.


In 2014 all EU migrants paid £14.71B in taxes and claimed £2.56b in Tax Credits and Child Benefits meaning that they contributed a net £12.15B to the UK purse.

Of course, this kind of macroeconomic analysis cannot capture the experiences of people living in areas that have seen very high levels of EU immigration, so we can’t rule out incidents of pressure on local services.


I think it is pretty clear that there has been a concerted effort to show the FoM in a bad light and our current Conservative Government and Theresa May in particular must shoulder some of the blame for this.

The FoM has increased GDP (by an estimated 1%), has increased tax revenues (by a net £2b over benefits claimed), provided the largest source of labour for an otherwise impoverished NHS and also provided the freedom for 1.4m UK citizens to work or retire all over Europe.

The problems are in the main perceived rather than real and are exacerbated by the sheer incompetence of successive governments and the Home Office (again including the 6 years that Theresa May has been in charge). A failure to implement the available controls, manage or indeed even track the migration of labour into the UK. A shameful state of affairs that has contributed in no small part to the current Brexit debacle.


Looking for a Soft Landing?

Along with at least 16m other Britons (and that number will be growing by the day) I have no confidence that our current Government will be able to navigate through the Brexit nightmare without considerable help.

Please read and share if you agree with the blogs.

Contact me through @britainstays or via comments on this site if you would like to contribute.

Britain Stays!

As Yvette Cooper said recently “You can’t believe a word she says”

Theresa May has decided that lying is better than losing votes.  She is using the Trump tactic of not worrying about being caught in a lie as the people calling her out won’t vote for her anyway.

Trump has shown that believers will still believe and the others are a lost cause anyway.

This is hugely cynical and plumbing new depths even for UK politics.

She is helped by the massively supportive mass media not even mentioning the lies.

But, of course, she has not worried about lying in the past.

I have been keeping a bit of a list of the more brazen lies. Here they are:

  • Argued for Remain, now argues for Leave (one of the positions is deceitful)
  • Lied about UK law concerning consulting Parliament
    • Them blamed Gina Miller for obstruction by making her follow the law
  • Continues to lie that 17.4m of the British electorate voted to leave the Single Market and Customs Union, end Freedom of Movement and eliminate any influence by the ECJ. Some might have but there is no way they all voted for this.
  • Lied that the UK economy would be strong after leaving the Single Market
    • when CEBR and Government studies show that all forms of Brexit are worse than Remaining
  • Lied about immigrants saying they were putting pressure on the public services
  • Falsely blamed immigrants for stealing UK native jobs
  • Announced the Dementia Tax then scrapped it and famously lied that “Nothing has changed”
  • Said publicly, 6 times, that she would not call a snap election, then called a snap election
    • and blamed the Remainers because they were suggesting they would scrutinize the Exit deal
  • Accused the SNP of playing politics
    • Then blamed them for dividing the UK
  • Claimed in 2017 that the country was “coming together” when all studies showed it was more divided than ever before
  • Promised to enfranchise long-term ex-pats
    • we are still waiting….
  • Continues to say that the choice is between her deal and no deal when the the courts have ruled that the UK can revoke Article 50 unilaterally to stop Brexit
  • Claims a new public vote would undermine democracy
  • Claimed that Government there was “No special deal” with Nissan to secure the X-Trail and QashQai models in Sunderland
  • Claimed that the £20bn NHS additional funding was coming from a “Brexit Dividend”
  • Claims her deal “protect jobs” when in fact it just reduces the number of lost jobs when compared to a “No Deal”. Every form of Brexit will cost jobs when compared to Remaining in the EU.
  • States, multiple times, that her deal is the only one on offer, no other deal is possible, her deal is the best possible deal – and then instructs her party to vote to change her deal

Letter to my MP Julian Smith, Chief Whip of the Conservative Parliamentary Party following confirmation, from the Advocate General of the ECJ, that the UK is able to withdraw it’s Article 50 notification of intention to withdraw from the EU. The UK is able to do this unilaterally, without agreement from anyone else:

Dear Mr. Smith,

I am a constituent of Skipton & Ripon living and vote in Kirkby Malzeard North Yorkshire.

I am well aware of your efforts, as Chief Whip for the Conservative Parliamentary Party, to encourage your fellow MPs to support the EU Withdrawal deal and it’s associated Political Declaration. I commend your perseverance although it does seem that it will be to no avail.  I would like to discuss the options going forward if, as is widely expected, your efforts are unsuccessful and MPs reject the deal in Parliament on Dec 11th.

As you said in an earlier reply to me, the Referendum was a pretty clear instruction from 17.4m of the British public that they wanted to leave the EU and it is reasonable to say that the red lines imposed by our Prime Minister reflected the Brexit the people were promised by the Leave campaign when they claimed that the UK would be able to get a deal which stopped the Freedom of Movement of workers, would not require a no hard border with Northern Ireland, would leave the UK able to negotiate our own trade deals and none of this would hurt the UK economy or jobs market.

No-one can say that our Prime Minister has not done her best to negotiate a deal and in fact, given her negotiating red lines of ending freedom of movement and UK independent trade deals, this is most probably the best deal she could get. The problem is that when presented with this deal our MP’s, across parties and ideologies, do not like it and the polls suggest it is deeply unpopular in the country as well.

It is now clear that the Leave campaign promises are not deliverable and it is also clear, from the Governments recently published impact assessments, that any form of Brexit deal will hurt the UK.

So where now? If we assume that the PM’s deal will be voted down on Thursday we are left with the nightmare scenario of the UK exiting the EU on March 29th in a disorderly fashion, the so-called “No deal” option.

However, we have had confirmation today, from the Advocate General of the ECJ that the UK is able to withdraw it’s Article 50 notification of intention to withdraw from the EU. The UK is able to do this unilaterally, without agreement from anyone else.

The next step in this process must be for the Government to withdraw it’s Article 50 notification of the UK’s intention to withdraw from the EU. Once the exit process has been stopped the UK we will have time to pause and reflect upon what kind of EU exit, if any, it wants.

​As my Member of Parliament you have a duty to represent the best interests of the Country and in particular your constituents.

From the evidence your Government has collected during the last two years it is clear the deal on offer and indeed all other possible deals will leave the UK poorer and with less jobs, hitting your constituency in the North East hardest of all.

Leaving the EU now that we have this knowledge would be foolhardy, leaving in a disorderly fashion, when we have a mechanism to stop it, would be verging on the irresponsible.

As my representative I ask that you please represent my interests in a way consistent with the facts now available to you and that you rise above party considerations. It is clear that exiting in a disorderly fashion would be disastrous and I am sure you will use your good offices to prevent that happening.

Yours respectfully,



Dear Feedback,

Thank you for scheduling a Feedback special on how the BBC’s coverage of Brexit is being received.

I have been a staunch supporter of the BBC and always thought of it as a safe haven among the confusing plethora of biased and sometimes fake news outlets.

However that was before the EU referendum campaign and now, 21 months after that vote, I am deeply concerned that the BBC is loosing control and is letting their interviewers push their own views or agenda.

My biggest concern is with your flagship current affairs programme, Today.  This was, without question, my favourite port-of-call for comprehensive, reliable news coverage but since the referendum this is no longer the case. It now seems to be the norm for interviewers to use an interview to present their own opinion (or indeed someone else’s opinion) as fact.

An excellent example of this was on Tuesday 27th March when Mr Humphrys interviewed Lord Patten. John may well believe that it is inevitable that the UK will leave the EU but this is his opinion and not fact and his constant restatement of his opinion as fact is not what I understood his role in R4Today i.e. interviewing and testing the opinions of others.  

Mr Humphrys will be well aware that Parliament voted to pass the EU (Notification of Withdrawal) Act 2017 which gave the Prime Minister the authority to notify the EU of the UK’s intention to withdraw from the EU, it did not decide that we would Leave.

    “The Prime Minister may notify, under Article 50(2) of the Treaty on European Union, the United Kingdom’s intention to withdraw from the EU.”

and the European Union (Withdrawal) Bill is still working it’s way through the system and currently has provision for a “meaningful vote” once the negotiations are complete and before it would be enacted.

So for Mr Humphrys to declare to the listeners that Parliament had already decided that we should leave the EU and that any call for further votes is futile is at best misleading. 

However this is exactly what he did, he said to Lord Patten (when his Lordship was suggesting there could be a further vote) that “Parliament has voted on whether to leave the EU and there was a massive majority to do so, so Parliament has already decided on this” 27.3.18 R4Today 8.51am.

Mr H is obviously an intelligent and well read individual. When he states something as fact then a sizable number of listeners will believe what he says. This places a burden upon him to not state things as facts when he knows they are not true.  My comments are not restricted to Mr Humphrys; Nick Robinson and guest items by Laura Kuensberg follow a similar pattern; however I believe his interview with Lord Patten last week illustrates my points very well.

I hope you found my observations constructive and I look forward to more interviewing rather than platforming on R4Today.

Yours Sincerely,