Migrant Domestic Workers
(13 years, 5 months ago)
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Baroness Cox
To ask Her Majesty’s Government how they intend to address the exploitation of migrant domestic workers, including those employed within diplomatic missions in the United Kingdom.
Baroness Cox
My Lords, I am very grateful to all noble Lords speaking in this debate today on a subject that demands our attention both for the heart-rending predicament of many domestic migrant workers and for the urgent need for action to remedy the situation, which renders them vulnerable to exploitation and abuse. In addition to those who will be speaking, there are colleagues who cannot be here but who share our concern. The noble Baroness, Lady Young of Hornsey, has especially asked me to say that she much regrets not being able to participate in the debate.
My first awareness of this very disturbing situation came from meeting Mende, a young girl from Sudan who had escaped from the Sudanese embassy. She had been abducted into slavery from her home village in the Nuba mountains in Sudan in a raid typical of many that I encountered there during the war that raged until the peace agreement was signed in 2005. Tens of thousands of women and girls have been captured and sold into slavery there; we had the opportunity to rescue many hundreds, and their stories were heart-breaking in the details of the cruelty inflicted on them.
Mende's story was no exception. After being captured, she was forced to work as a slave in a diplomat's house in Khartoum and then brought to London to continue her servitude here. She managed to escape, and it was my privilege to do a little to support her as she tried to find freedom in this country. Her story is recorded in the very moving book entitled Slave: The True Story of a Girl's Lost Childhood and Her Fight for Survival.
In preparing for today's debate, I have been grateful for excellent briefings, including those from Anti-Slavery International and from Kalayaan—justice for migrant domestic workers. The debate is particularly timely, because this month the International Labour Organisation is celebrating its 100th anniversary. As we meet here today the ILO is meeting in Geneva, working on standard-setting in relation to decent work for domestic workers, with the intention of adopting a new international convention on domestic work by the end of the month. This represents an historic opportunity to provide greater international protection for domestic workers and highlights the ILO's recognition of the critical need to do so.
Domestic work is generally poorly regulated and undervalued. Many domestic workers are subject to serious abuses, which often include forced labour and slavery. They frequently work excessively long hours, without breaks, days off or holidays. The pay is often very low, and wages are frequently delayed. Some are not paid at all, or only receive payment in kind, such as food or accommodation. Many also suffer verbal abuse such as insults and threats, as well as physical and even sexual abuse. Some experience a lack of food and poor living conditions, such as having to sleep on the floor in a utility room.
Many migrant domestic workers often make great sacrifices to live away from their families to earn money for their dependants back home. Their exploitation by unscrupulous employers renders their sacrifice doubly painful; the sadness of poignant separation is exacerbated by denial of appropriate remuneration to send home. In the UK in 2009, 14,898 migrant domestic work visas were granted. Also, in the UK in 2009, the group Justice for Domestic Workers interviewed 111 of its members and found that over 50 per cent of them were expected to work over 55 hours a week and 95 per cent of them were not paid even the minimum wage. Almost half had not had a paid holiday in a year.
Domestic workers are exploited behind closed doors in private households and therefore fall outside the normal regulatory and inspection framework applicable to other places of work. They are especially vulnerable when working in residences of foreign diplomats, who can use diplomatic immunity to prevent scrutiny. While welcoming the fact that UK migrant domestic workers have access to visas in their own right, I must say that some employers keep control of their passports, denying them access to the papers needed to seek alternative employment without fear of deportation.
Real-life stories illustrate the suffering behind the statistics. I have time for only two, but they are sadly typical of countless others. The first is about the plight of a sub-Saharan African woman trafficked by a diplomat from her own country. In the UK he withheld her passport. Whenever she asked about it he became angry. Twice she was severely beaten. She was refused medical care. The employer told her that in the UK he was extremely powerful in their community. He also refused to allow her to call home on the grounds of expense. She was not paid any salary. She believed the diplomat was claiming an allowance for her work because she was told what to say if the office ever telephoned and asked her about her work there. She worked for 15 hours a day, sometimes more. At one point she became so disillusioned at how bad her life was here that she asked to go home. The diplomat said she could not leave until his family did. He told her if she tried to go home without his permission he would cause serious trouble for her family. She had been too scared to approach the authorities and had been living in fear.
The second story is in the words of the domestic worker herself:
“At first I was really excited to move to London and work for an African diplomat and his wife. The plan was that I would live with the family and be a nanny to their young son. I hoped to learn English and I thought I could earn enough money so that when I go home I could study. I moved to London with the diplomat a couple of weeks before his wife and child arrived. I quickly realised I had made a terrible mistake. From the very first day I was treated like a slave. It immediately became clear he wanted more from me than just to look after his son. He sexually molested me and would become angry when I refused his advances. Life became even worse when the diplomat’s wife arrived. I was forced to work 17 hours a day, doing all the cooking, cleaning, nanny work, never allowed a day off. The wife would get violent and throw things at me as well as shouting at me. I was completely trapped like this for six months. One day the diplomat was drunk and furious. He became really violent, threw me against a wall and started bashing my head against the front door. I was so scared I knew I had to escape. I ran into the street. I didn’t know anybody, didn’t have any identity documents, no money. I was crying uncontrollably and bleeding from my head. I was lucky that a man who spoke my language spotted me. He took me to the police to report what had happened. They sent me to the hospital and Kalayaan agreed to help me seek justice … Seeking justice comes at a price. The diplomat and his wife are connected and I knew after making the allegations against them my life would be in danger back in my home country, so I applied for asylum in the United Kingdom”.
What should be done to remedy such problems? In 2010 the ILO voted by a comfortable majority to adopt a binding convention, supplemented by a recommendation, recognising the urgent need to protect this vulnerable category of workers. Although the UK did not vote in favour of having only a recommendation, it has maintained its initial reservations about the need for a convention. In the latest round of tripartite consultation, the UK found itself quite isolated on the international scene in its official response. Despite recognising that domestic workers are undoubtedly a vulnerable class of worker who require particular attention, it did not express its support for a strong convention and invoked legal exemptions in relation to the labour rights of domestic workers.
The Government are objecting, inter alia, to the regulation of domestic workers’ rights to working time and occupational safety and health. The Government stated that the working time regulations do not apply to domestic workers, making it clear that they want to exclude them from the protection they need and which the overwhelming majority of other workers enjoy. Anti-Slavery International is concerned that the UK is considering maintaining its position by invoking a number of possible exemptions to the EU working time directive. The regulation of working hours of domestic workers, especially those living in with their employer, is at the core of what this international standard has set to achieve: that is, to redress the legal gap that leads to so many abuses of domestic workers’ rights. May I ask the Minister if Her Majesty’s Government is reconsidering their position so as to enable working hours for domestic workers to be regulated in ways comparable to those of other workers?
The UK Government have also raised their opposition to Article 13 of the draft convention, invoking the exemption allowed by the Health and Safety at Work etc. Act 1974 in relation to domestic workers. Domestic workers often incur burns, cuts and exposure to hazards from handling toxic and boiling liquids and lifting heavy loads. Surely they should benefit from the same protection in their workplace as other workers do. Will Her Majesty’s Government discontinue their policy of applying exemptions regarding core labour rights for domestic workers to ensure that they work under health and safety circumstances in the home?
I have two more specific questions for the Minister. Are Her Majesty’s Government considering extending the right to change employers to domestic workers in diplomatic households, and is the Minister aware of the recent report, Ending the Abuse: Policies that Work to Protect Migrant Domestic Workers, by the charity Kalayaan? It gives support services to these workers, including victims of trafficking. Will the department be considering its recommendations?
I conclude by asking whether Her Majesty’s Government will take a leadership role during these weeks in Geneva and join the wider international community, employers and trade unionists to demonstrate that we will no longer turn a blind eye to the maltreatment of vulnerable domestic workers. Many of them are paying a high price for a better future for their children. I hope that the Minister will be able to reassure your Lordships that we will support and protect them in their endeavours.
Lord Dholakia
My Lords, first, I thank the noble Baroness, Lady Cox, for securing this debate. She works tirelessly to secure the rights and liberties of disadvantaged people in many parts of the world, and I am delighted that this time she has drawn attention to the plight of domestic migrant workers. This debate is timely; the International Labour Organisation, the United Nations agency that concentrates on labour rights, draws its strength from having national Governments, workers and employers participate in its decision-making process and, as part of its international conventions on slavery, a new international convention on domestic workers worldwide is likely to be adopted shortly. We want to ensure that our Government are a signatory to this and, more importantly, that they have policies and procedures in place to ensure that we give real meaning to such a convention.
I thank Anti-Slavery International and Kalayaan, as the noble Baroness has done, for the briefing material that they have supplied. I urge the Minister to study their publications, which identify policies that work to protect migrant domestic workers. Their research was undertaken to inform the current Government in their review on the domestic workers’ visa. Kalayaan submitted a research report in March 2011 to the government team conducting the review. The UK Border Agency has said that the review will not be a public consultation, but I hope that it takes a serious look at it and at today's debate. In the mean time, I ask the Minister for the exact timescale of this review and whether she will publish the ultimate article when it is completed.
We in this country have been pioneers in promoting legislation on human rights and equality, which has served us well. It is no surprise that other countries have followed our example. Those of us who have read cases highlighted in the media and taken up cases with the Government can vouch for the fact that domestic work is poorly regulated and that inadequate legal protection is afforded to workers. Some basic human rights are denied. The predominant groups are women and girls, who are most vulnerable to abuse. Poverty compels vulnerable people to accept jobs where basic rights are denied. In many cases, the circumstances and conditions of their employment amount to forced labour. I have come across cases in which women have been forbidden to leave the home where they are working. Violent threats have become an everyday reality and their passports are withheld by their employers, as the noble Baroness, Lady Cox, said. Add to that the other ingredients that make their lives a living hell.
The job offer often bears no reality to the actual tasks they have to perform. Often, transportation and living costs are deducted from their wages, making it almost impossible to sustain a normal lifestyle. The worst cases are those in some diplomatic households. Domestic workers are not afforded adequate protection from exploitation and do not have the right to change employers. They are most vulnerable when fleeing from abusive employers.
Of course we can and should take action when such practices are exposed. Should we not seriously consider a domestic worker’s right to change employment in a diplomatic household? When visa applications have been made, should we not supply applicants with information about their rights and responsibilities? We should also mention who to approach when employment conditions are breached. I know that we are treading on sensitivity when dealing with overseas missions enjoying diplomatic immunity, but surely if the ILO convention on decent work for domestic workers is ratified, it will put such missions to shame, and rightly so.
We also need to pay special attention to our own immigration rules. Migrant domestic workers are dependent on their employers for their work and accommodation. There is no oversight of what happens in the private household, which is almost always invisible. A comparison with forced marriage is appropriate. None of us was aware of the size of the problem until recently, and now we have adequate machinery to ensure that victims receive all the help both here and at British high commissions abroad. I was a member of the first working party established by the Home Office, and I am glad to say that good practices have followed.
Surely it is possible to monitor visa conditions on a small sample of domestic workers without the presence of their employers. The number of migrant domestic workers entering the UK is estimated at nearly 15,000. This is not a small number, and I accept that in many cases the relationship between the worker and their employer is sound, but it is rogue employers that we are after. We need to pay particular attention to child labour. Children are the most vulnerable to slavery.
There is evidence at an international level that many who are separated from their families are inherently easier to coerce and control. An ugly feature here is that some are trafficked, while others are bonded labour forced to work to pay off debts that their parents have accrued.
I started by saying that a new international convention on domestic workers is likely to be adopted shortly. This will set out the employment rights of this category of people. As the Minister knows, all countries that ratify the convention will have a legal obligation to ensure that these rights are granted. I want our Government not only to support the convention but to take a lead in its implementation. We must move away from the notion that it is only informal labour and not proper work. We must ensure that domestic migrant workers have the rights and liberties that other workers enjoy. We must strengthen our existing legislation, including the Race Relations Act, to ensure that no exceptions are made in the employment of such workers. We must not underestimate the role that trade unions can play. In the final analysis, let us work towards a society where individuals’ human rights are upheld. In many cases, domestic migrant workers have lost almost everything. They are right at the bottom of the ladder. Let us not strip them of their dignity as well.
The Earl of Sandwich
My Lords, first, I welcome the Minister to our debate on immigration, which again includes some of the usual suspects. Thanks are also due to my noble friend for introducing this debate with her characteristic and well-known enthusiasm for human rights and justice. I also thank my noble friend Lady Young, who takes a lot of interest in this subject but who was unable to be here today. She initiated the longer series of discussions that led to this short debate. Some of us have benefited from the advice given by at least two specialised voluntary agencies working in London and alongside the ILO in Geneva.
As the noble Lord, Lord Dholakia, said, the principal purpose of today’s debate is to encourage Her Majesty’s Government, and the noble Baroness in particular, to support and ratify the new ILO convention on decent work for migrant domestic workers. The term “decent” work for domestic workers was unfamiliar to me, but its purpose seems clear. It is spelt out in Article 5 as being fair terms of employment, decent working conditions and decent living conditions.
The convention recognises that many domestic workers are migrants or members of historically disadvantaged communities and are therefore especially vulnerable. As a former Anti-Slavery International council member I have spoken more than once in the past on behalf of these workers, and I have had to inform the House of some almost desperate cases reported by them or by Kalayaan, the campaigning agency that works most closely with them. We heard about some of these cases from the noble Baroness.
I have worked with a number of voluntary organisations, but I especially admire the style, focus and balance displayed by Kalayaan in its commitment over many years to this important element of our workforce. Kalayaan’s research shows that nearly two-thirds of migrant domestic workers surveyed over the three years to last December had to work seven days a week without a significant break. That testimony in itself shows the degree of unseen exploitation of these workers. Then you learn from the survey that about the same number had their passports withheld, and nearly as many were psychologically abused and were paid only £50 a week or less. These are scandalous figures, which have not improved since we last debated this subject.
It might be assumed, in the present climate of reducing the rate of immigration, that these migrants are seeking asylum. In fact, only a very small number—less than 5 per cent—are able or willing to settle in the UK. The vast majority wish to return home. Yet they could be targeted under new immigration rules so that even this number may not be awarded an ODW visa in the future. This visa, apart from giving them the temporary permission to stay, also protects the worker’s right to change employer in the case of exploitation or abuse. The removal of this right could only add to their sense of insecurity.
The visa has been described by the Commons Home Affairs Select Committee in its report on human trafficking as,
“the single most important issue in preventing the forced labour and trafficking of such workers”.
It provides them with a recognised immigration status and ensures that they are recognised as workers and protected by UK employment law. Can the noble Baroness assure us that there will be no reduction in the numbers currently protected by the ODW visa?
I have read through the detailed comments of Anti-Slavery International on the draft convention. One of these deals with the old dilemma of international development specialists: child protection and the right to work. Provided that young people are not working in exploitative or hazardous conditions, they should be allowed to earn money as domestic workers provided they are below the minimum age for compulsory education. In other words, education is not automatically the best place for a child unless the state has made it compulsory. This seems to be the argument of Anti-Slavery International in amending Article 4.2 of the draft convention, and I support it.
As the noble Baroness, Lady Cox, mentioned, another concern to ASI has been Article 10 on working time. The UK apparently wants to exclude domestic workers from this protection because it believes that the nature of domestic work makes it impossible to regulate and it has enshrined its objection in the EU directive on working time.
As has been mentioned, discussions about the convention are going on in Geneva. I understand that two days ago the United Kingdom, along with other EU member states, sought to weaken the protection offered by Article 10 and the result has been new wording that states,
“shall take measures towards ensuring equal treatment”,
instead of simply “to ensure equal treatment”.
I understand that this is not the only example of the UK watering down some of the wording in the convention. It seems, for example, that we were the only country to express our opposition to Article 13 on occupational health and safety. Do the Government, who ostensibly support the convention, really want to be seen as the only one unwilling to ensure that domestic workers are protected against hazards and accidents at work? It would seem so.
This coalition Government have already taken the lead in many initiatives in international development in this first year, both in Europe and elsewhere, and have been able to change their mind, most notably on the recent opt-in to the trafficking directive, which will be greatly welcomed. However, it is a major concern to the rest of the world that the EU as a bloc has put on the brakes and subscribed to more than 100 amendments to the text of this convention alone. I therefore very much hope that the Minister, having heard the various comments today, will confirm that from now on she will at least speak to the UK team in Geneva and persuade it to take a more positive direction.
Lord Avebury
My Lords, I join in the congratulations that have been expressed by others to the noble Baroness, Lady Cox, who not for the first time has raised the issue of rights for migrant domestic workers, as have my noble friend Lord Dholakia and the noble Earl, Lord Sandwich, in previous debates. This problem goes back a long way, as noble Lords can see from the fact that Kalayaan, which has been quoted by everybody who has spoken so far, goes back for more than 20 years. In fact, its briefing quotes from a debate we had on the subject in 1990, by no means the first of its kind, initiated by the noble Lord, Lord Hylton, to whose determination and persistence we should pay tribute.
Throughout the whole of the two decades, the abuse of foreign workers has followed a similar pattern to the description by the noble Lord, Lord Hylton: there are no written contracts of employment or contracts are arbitrarily changed, and wages are often withheld or paid in kind. Then there is compulsion to work excessive hours; inadequate food; denial of privacy; denial of access to friends or often to the outside world; and, in extreme cases, physical attacks, sexual abuse, and credible threats of violence. These things are still with us.
It is true that Kalayaan statistics comparing 1,000 MDWs in a survey done in 1996 with the workers registered with the organisation in 2010 shows some improvement, but from a totally unacceptable baseline. In the earlier year, 100 per cent were being made to work for 17 hours a day, while last year nearly half had to work 16 hours or more. In 1996, 38 per cent were not given enough to eat, compared with 26 per cent in 2010. The only statistic that got worse in those two years was that employers are now withholding the passports of nearly two-thirds of MDWs, compared with 62 per cent in 1996. The ability of the MDW to change employers and in 2008, the extension to MDWs of official status as workers under the points-based system, for which Kalayaan must be given a lot of the credit, should make a big difference in the longer term, but we need to know why a substantial proportion of employers are still ignoring their obligations.
Should not there be a provision in the rules that when an employer is found to have committed serious abuse of an MDW by the employment tribunal, his right to employ MDWs should be suspended for a period to be decided by the tribunal? The Kalayaan statistics on tribunal cases demonstrate that all too many employers are unfit to be given the power over the lives of domestic workers that allows them to break the law with impunity. While two-thirds of those registered with Kalayaan were made to work seven days a week with no time off, for instance, only 14 such cases were reported to the tribunal, so there is still a huge penumbra of abuse which the oppressors successfully conceal. The threat of not being allowed to have domestic servants might be an effective deterrent to the widespread defiance of the law that is continuing.
Another possible way of improving compliance would be to produce an explanatory leaflet in the principal languages of MDWs, and hand it to employers and MDWs at the port of entry. It is all there on the UKBA website, but I doubt whether many of the workers have access to the internet or have adequate knowledge of English to understand that advice.
The treatment of some MDWs equates to trafficking for domestic servitude, as the noble Baroness, Lady Cox, demonstrated, and these cases are brought to the attention of the national referral mechanism, established in 2009 following the Council of Europe's Convention on Action against Trafficking in Human Beings. Up to the end of last year there were 175 adult referrals under the domestic servitude heading, of which 55 were from Kalayaan. Could the Minister give us a breakdown of the agencies that reported the other 120 cases?
What is revealed in the statistics is that 246 of the NRM referrals were of children, of which 104 led to conclusive grounds decisions—a really shocking picture, particularly when you consider the difficulty and danger for a person making the initial complaint while still under the roof of the oppressor. What happens when it is first established that the referral is of a child, bearing in mind that the average time taken to reach a conclusive decision is 190 days, compared with the 45 days reflection period? One would expect that the child would be removed from the employer and fostered pending the NRM decision, but suppose the employer claims to be a close relative, as in the case of Victoria Climbié, for instance. Do we ever allow children to enter the UK now with a person who claims to be a relative but not a parent? Does the NRM refer all the cases reported to it of children to the UKBA with a view to checking on their immigration status? The children obviously did not qualify for admission under the overseas domestic worker regime, first introduced in 1998 and now part of the immigration rules. But one reason given by abused workers for not agreeing to be referred to the NRM is that it would lead to excessive focus on their immigration status. This means that the NRM statistics are the tip of the iceberg, because only those who entered legally as ODWs are likely to register. With an ODW visa, the migrant is free to change employer and frequently does so with minimum support. For the undocumented, Kalayaan recommends the issue of a three-month bridging visa to enable the exploited MDW to find new employment and to apply for an ODW visa, paying tax and national insurance, and eliminating the expense of treating the victim as an illegal entrant.
Finally, I turn to the knotty question of MDWs brought here by diplomats, raised by the noble Baroness, Lady Cox. These workers are not allowed to switch to another employer without losing their immigration status, and the employer's immunity means that although the levels of abuse and exploitation in diplomatic households are similar to those in private households, the FCO does not ask to be informed of trafficking cases identified by the NRM, which itself is a woefully incomplete record. The Austrian Government interview diplomatic MDWs annually, and it would be useful to know how many cases of abuse are thereby uncovered. Does my noble friend think we should have a similar procedure, or better still, that it should be made part of European law?
The annual interview could be an important tool for uncovering abuse throughout the whole of the MDW population. To minimise the bureaucracy involved, the employer could be obliged to complete a form detailing the hours of work and hourly pay; the additional hours the worker is expected to be on standby and the hourly rate for those hours; the details of rest breaks, days off and annual holidays; and the details of tax deducted and national insurance contributions paid. This form should be countersigned by the worker as correct, and it should be available for rechecking at the annual interview. When the worker is said to be treated as part of the family, and to be covered by the family worker exemption, this should be clearly specified, but Kalayaan recommends that the statutory minimum wage should apply to these workers as to all others. Seeing that half of all MDWs are paid less than the minimum wage, it seems likely that the exemption has been widely abused.
The Kalayaan report is a competent and thorough piece of work, and its recommendations demand well considered replies from the Government. In the quarter of a century since the abuse of domestic workers from overseas first became a subject of concern to your Lordships, there have been several attempts at reform, but the extent and nature of the problem has remained the same. It is intolerable and unthinkable that we should fail to act against the criminal employers who treat vulnerable domestic workers, many of them children, like slaves, and I hope that this debate will enable us to signal the determination to stamp out abuse and bring criminal employers to justice.
Lord Hunt of Kings Heath
My Lords, I, too, welcome the initiative of the noble Baroness, Lady Cox, and, like other noble Lords, thank her for the important work that she undertakes in this area. This has been an interesting debate and we all look forward to the Minister’s response.
Exploitation is clearly a serious problem for thousands of people living in our country. I was struck particularly by the introduction of the noble Baroness, Lady Cox, when she talked about the heart-rending circumstances of some migrant domestic workers and the need for action. She started by quoting a number of examples of people forced to work here, as she described, as slaves. We heard from the noble Lord, Lord Avebury, and the noble Earl, Lord Sandwich, some of the abuses suffered by people working in this country at the hands unscrupulous employers; for example, seven-days-a-week working without a sufficient break, passports being withheld—which gives those employers huge leverage over the people concerned—gross underpayment or no payment at all and physical and mental abuse.
The thorny issue of diplomatic employers’ abuse of their diplomatic status was raised again. It is a particularly difficult and serious problem. The noble Baroness spoke also of workers who sought justice both here and in their country of origin. Members of their families may be put under threat by people who, after all, are likely to be very powerful there as well as enjoying diplomatic status while they are here. There will be great interest in the Minister’s response.
I, too, have some questions for her. The noble Lord, Lord Avebury, raised a very important issue about employment tribunals and cases that have been brought before them. He asked whether tribunals would be allowed to rule that persons who exploited migrant workers were not suitable to employ workers in the future. I do not know whether it is possible to extend the remit of employment tribunals, but it is well worth looking at. To be of any real use, that would have to encompass diplomatic families. It is clear that diplomatic immunity will need to be looked at; we cannot escape that. It might be argued that those people are not fit to be diplomatic representatives in this country. I would have thought that there was a strong case for encouraging the FCO to consider whether those diplomats ought to remain in this country.
Point-of-entry advice was also raised. What about children? The case of Victoria Climbié was mentioned. I well recall the report on the tragic circumstances leading to her death. It showed that about eight or nine agencies were involved in dealing with her. If just one person in one of those agencies had taken the necessary action, she would probably still be alive today. The role of officers at the point of entry needs to be looked at very carefully.
A few months ago, Mr Bob Russell asked some questions in the other place, one of which was whether there was a mechanism at the point of entry to ensure that those entering the UK were not destined to work in domestic service which was either unpaid or paid less than the national minimum wage. He also asked whether the Home Office has been able to estimate the number of foreign nationals working in domestic service who are unpaid or paid less than the national minimum wage. I know that the Home Office has considered and answered this issue, and I know that it has stated that border officers are trained in identifying signs of trafficking, of which domestic servitude is a part. However, I wonder, in the light of this debate, whether this is a matter that the Minister will ask her officials to look at again.
I should also mention a matter raised by the noble Lord, Lord Hylton, some months ago, about the Life in the UK Test. He asked whether migrant domestic workers will be able to undertake volunteering or study to pass the Life in the UK Test, in the light of their possible working conditions. I know that before an employer is able to employ an overseas domestic worker they are required to provide a statement of the terms and conditions of employment, and that as part of that statement the employer is required to confirm the level of annual leave and free time that the domestic worker will be entitled to. Therefore, there should be sufficient time in order to prepare for and undertake the Life in the UK Test. However, the problem is that this does not stand up to the reality of the situation if such workers are employed under the conditions mentioned by other noble Lords.
In May 2009, the Home Affairs Select Committee in the other place published an interesting report entitled, The Trade in Human Beings: Human Trafficking in the UK. One of the issues raised by the committee was the difficulty experienced by migrant domestic workers because the police do not always understand their special status, and the immigration authorities frequently fail to follow the correct procedures for issuing visa procedures that would help to identify abuse. I realise that the report was produced when my party was in government, and I fully accept that there are issues here that will cover the periods of both the previous Government and this Government. It was interesting that the report noted that migrant domestic workers frequently experience difficulties in securing the return of their passports from former abusive employers and in obtaining assistance from the police. The committee said that there was,
“a need for greater awareness training in police forces”.
Has the Home Office looked into these matters as a result?
Finally, as to the EU directive, I understand that the Home Office’s position is that the directive would make very little improvement in the way that the UK tackles this problem. However, even if that view were absolutely correct, there are arguments to be made in terms of the UK contributing to European-wide policy. I should be interested in the noble Baroness’s views on that.
Overall, the noble Baroness, Lady Cox, made a persuasive case for action, and all noble Lords will be interested in the Minister’s response.
The Minister of State, Home Office (Baroness Browning)
My Lords, I am grateful to the noble Baroness, Lady Cox, for giving us the opportunity to discuss this important subject, which invokes passionate and sincerely held views. I will respond to as many points as possible.
I start by answering the noble Baroness’s question on whether I am aware of Kalayaan’s recent report and considering its recommendations. I am aware of it, I have it here, and we will consider its recommendations, particularly in the context of a forthcoming consultation, to which I shall return later. Perhaps I may at this point pay tribute to the work of Kalayaan. I am new to its work, and when I saw the report it was the first time I had any reference to what it does. Clearly, its contribution is invaluable in this field.
I begin by summarising the relevant immigration provisions. There are two routes of entry to the United Kingdom for overseas domestic workers. One is for those accompanying their employer to work here in that employer’s private household. Most such domestic workers arrive for short visits of up to six months. The second route is for those coming to work in the private household of a diplomat posted here.
Before I continue, let me make one observation. The Question in this debate refers to “migrant domestic workers”. The term used for the private route in the Immigration Rules is “overseas domestic workers”. Forgive me if this seems mere pedantry but my reason goes beyond strict adherence to the formality of the language in statutory rules. I accept that “migrant domestic workers” may be convenient shorthand. It may also be an appropriate description for people who, by and large, come and go. However, “migrant domestic worker” can also be used intentionally to convey the impression of an independent right of entry and stay in the United Kingdom. The point that gets lost, though, is that the route is called “overseas domestic workers” in the Immigration Rules for a reason. The worker is from overseas. Their usual residence and employment is overseas. They are here because the employer whom they work for overseas is here, and for no other reason. They do not have an independent right of entry into the United Kingdom.
The Question asked in this debate is how the Government intend to address the exploitation of this group of people. Let me respond in terms of the immigration provisions and UK employment law, and conclude briefly by mentioning the forthcoming consultation that will invite views on the overseas domestic worker routes and on wider proposals, including reform of employment-related settlement in the United Kingdom. We realise that there are serious issues around this whole subject, many of which have been raised by noble Lords this afternoon.
In the private household route, the potential for exploitation is addressed through a specific condition of entry that has to be satisfied: that there is evidence of an employment relationship of 12 months’ duration. This is intended to be a safeguard, prior to entry to the United Kingdom, by demonstrating that the relationship is genuine. It establishes a degree of longevity. Sadly and worryingly, given what is sometimes reported once people have arrived here, it is plainly not an adequate or foolproof form of prevention. Once here, protection is available under employment law. Foreign workers, provided they are working legally, have exactly the same basic employment rights as anyone else working in the United Kingdom.
I qualify that by adding that there are some exemptions to the payment of the national minimum wage, which have been mentioned, one of which relates to people living and working within the family. The exemption is a limited one and turns on how a person is treated rather than any label put on them. If they are not treated as a member of the family, they will of course be eligible for the minimum wage. Perhaps I might mention, because it has been raised in the debate, that there is a pay and work rights helpline, which has rapid access to helpline operators through the language line, which provides accurate, live first-person interpretation. We have continued that route and have worked with the helpline staff to ensure that they provide as accurate a service as possible to overseas domestic workers.
Returning to immigration provisions, both routes currently permit extensions of stay and have a route to settlement in the United Kingdom. Also, all domestic workers may change their employer for whatever reason, although in the case of those in diplomatic households, working only for another diplomat in the same mission as the original employer is permitted.
The noble Baroness, Lady Cox, asked whether we are considering allowing a change to employment outside the mission. As I have said, a consultation inviting views on the overseas domestic worker routes is imminent. I cannot pre-empt the detail, but suffice to say that it will include a reassessment of the current provisions. In response to other points made, particularly by the noble Lord, Lord Avebury, it will be a full three-month consultation and the results will be published.
I should add that the Vienna Convention on Diplomatic Relations of 1961 entitles foreign diplomats accredited in the UK to employ domestic workers, foreign or British. Under that convention, diplomats have a duty,
“to respect the laws and regulations of the receiving State”.
This applies to the terms and conditions of employment for all domestic staff. The Foreign and Commonwealth Office regularly reminds all foreign missions based in the UK of their obligations.
The question has been raised as to what happens if a diplomat is accused of abusing those working for them. The police investigate any allegation that the law has been broken by persons entitled to immunity. Given the number of people entitled to immunity in the United Kingdom, around 22,500, the number of serious offences allegedly committed by diplomats has remained proportionately low in recent years. Just two cases that were reported by the police in 2010 to the FCO involved a domestic worker. The FCO treats very seriously any allegation of mistreatment of domestic workers in diplomatic households. When an allegation of mistreatment is brought to the FCO’s attention by the police, it will write to the diplomatic mission in question about the matter. If the police decide that an allegation warrants further investigation, the FCO will request from the diplomatic mission a waiver of the diplomat’s immunity. Failure to provide a waiver will usually result in a request to the mission for withdrawal of the diplomat from the United Kingdom.
All domestic workers, whether private or diplomatic, have access to the national referral mechanism for victims of trafficking. The NRM is a multi-agency framework involving the police, the UK Border Agency, local authorities and designated NGOs to help in the identification and support process of victims of trafficking. It was introduced in April 2009, and since then more than 1,250 victims have been referred for confirmation of trafficking-victim status and provision of care and support. Serious abuse by an employer of a domestic worker is assessed through the NRM to decide whether there are reasonable grounds for someone to be regarded as a victim of trafficking. Victims receive a minimum 45-day recovery and reflection period and support such as accommodation or access to legal assistance. If there are reasonable grounds for a person to be regarded as a victim of trafficking, NRM decision-makers go on to decide conclusively whether the individual is a victim of trafficking under the Council of Europe convention. If so, the victim may, in certain individual circumstances, receive a period of 12 months’ discretionary leave, such as to assist with a police investigation or prosecution, or in compelling compassionate circumstances.
The noble Baroness, Lady Cox, asked three questions about the Government’s position on the ongoing International Labour Organisation’s discussions on a new international convention on domestic work. This matter was also raised by other noble Lords. I shall be brief. We support the principle of a new convention and accompanying recommendation. As ever, the detail of the new instruments will be crucial. In the negotiations and in developing our position on the final texts, we will take into account a number of factors, including whether the convention will provide suitable protection and whether it is formulated in a way that helps it to be widely ratified.
In respect of working hours and working in healthy and safe circumstances in the home, we take the view that domestic workers should be afforded appropriate protection, in common with other workers. However, the position is complex and negotiations on any international agreement need to have regard to practical implementation and effective enforcement.
We also recognise that some workers may be more vulnerable generally, not because they lack protection but rather because there are unscrupulous employers who have denied employees rights or information about their employment rights and how to assert them. We are doing more to provide literature at the point at which visas are issued to make sure that workers are aware of those rights. The remedy lies not with new legislative requirements but with improved awareness of rights, and confidence in how to assert them. Therefore, no changes to existing provisions are foreseen. To include in the provisions domestic workers who live in private households would require the application of criminal sanctions to such private households, which is considered inappropriate.
This has been a valuable debate. In closing, I should confirm that tomorrow the Government intend to publish a consultation document on their next phase of immigration system reform. I hope that the Committee understands that I cannot pre-empt the detail, but I can say that the context is around breaking the link between temporary migration and settlement. The consultation will reassess employment-related settlement, including other overseas domestic worker routes, and take into account our recognition of the problems associated with the treatment of individuals who are brought here to work for others. That will be a three-month consultation. I would be very happy within that period to meet noble Lords who have an interest in the matter or who wish to make representations so that their views can be discussed in more detail.