Fishing Industry: Visas for Foreign Workers

Monday 24th April 2023 Lords Chamber

Commons Urgent Question

The following Answer to an Urgent Question was given in the House of Commons on Thursday 20 April.

“I am grateful to the right honourable Gentleman for this Question. I know this is a topic of significant interest to many in the House. Ordinarily, the Immigration Minister would respond, but he is on an operational visit this morning.

It has been the long-standing position of this and previous Governments that foreign nationals coming to work in the UK, be that on land or on our waters, should comply with the immigration system when doing so. I do not believe that that is controversial, and the fishing industry is no exception to that. Section 43 of the Nationality and Borders Act 2022 clarifies the Government’s policy position to date: that foreign nationals working in our waters need permission to do so. It does not introduce a new policy. Acknowledging that many in the industry have been incorrectly relying on transit visas rather than work visas to crew their boats, the Government delayed the implementation of Section 43 for six months from October 2022 to allow time for the industry to regularise the position of its workers. However, we have decided not to delay implementation any further.

We are aware of the problems that the industry is having in relation to access to labour, and we are fully cognisant of the important contribution that it makes to the economy, particularly in smaller, rural and coastal areas. There are routes in the immigration system that are available for the fishing industry to use. In recognition of the fact that the industry has not been a wide user of the immigration system to date, we will make a generous offer, going over and above what is usually available to employers, to assist it. We are currently finalising the details of our offer of support as a matter of urgency. Once it is ready, my Home Office colleagues will ensure that it is communicated to the industry and to interested Members of the House.”

19:41

[Lord Coaker (Lab)]

My Lords, the UK’s fishing industry is in turmoil given the Government’s decision to implement a new visa scheme immediately, potentially leaving it short of workers. Why are they doing it? Fishing businesses are waiting weeks for the Home Office to process skilled worker visas. Is it not more sensitive to business viability to wait before implementing the scheme while the Home Office sorts the scheme and itself out? Could the English language requirement for the visa, for example, be made more sensible and reasonable? The UK’s valuable and vital fishing industry is going to be put at risk by this high-handed action by the Government. Are they going to act to sort it out, or refuse to listen to the legitimate concerns of the fishing industry?

[The Parliamentary Under-Secretary of State, Home Office (Lord Murray of Blidworth) (Con)]

Since the original Question was answered in the other place by Miss Dines, my right honourable friend the Secretary of State has written to stakeholders to inform them of the details of the generous support package which was communicated today to industry leaders and stakeholders. The package is designed to help producer organisations and individual businesses in the seafood sector understand the immigration system and to offer Home Office premium expedited services and products at no cost. It includes: hosting an initial familiarisation session for key leads; working with our commercial partners to ensure that there is sufficient English language testing capacity at locations where workers could be recruited; working with our commercial partners to ensure that workers can access visa application centres to give biometrics; and, once a sponsor licence is received, expediting the decision-making process for no extra charge. Once visa applications are received from workers, expediting the visa decision-making process will also be at no additional charge. Our service standard is 15 working days, but we will endeavour to make decisions in eight to 10 days. We will also appoint a dedicated point of contact in UK Visas and Immigration in relation to these matters.

[Lord Teverson (LD)]

My Lords, the record of this Government and the Tory party is that they talk about how they defend the fishing industry, yet over the last few years they have seemed determined to destroy it. Why does a vessel need a different crew when it fishes within territorial limits from the one it needs when it fishes beyond them? This seems to be red tape, as does the scheme the Minister just explained. This industry has been on its knees, and we need it to thrive—surely we need to change the way that this operates altogether.

[Lord Murray of Blidworth (Con)]

I thank the noble Lord for that question. It has been the long-standing position of this Government and previous ones that foreign nationals coming to work in the UK—be that on land or in our waters—should comply with the immigration system when doing so. I do not believe that this is a controversial proposition, and the fishing industry is no exception. This House and the other place legislated to rectify and clarify the position in Section 43 of the Nationality and Borders Act. The action that the noble Lord complains about is merely the implementation of those provisions, which have been approved by Parliament.

[Lord Knight of Weymouth (Lab)]

My Lords, a week last Thursday, a good friend of mine in Orkney rang me in some distress. He runs a crab fishing business with two vessels, with several thousand crab creels at the bottom of the north Atlantic. The decision made by the Home Office, which was effective that day, meant he had no way of going and servicing those creels and no way of bringing them in. There is no space on the dock for him to land them if he could bring them in, but if he went to get them with his crew, he would be subject to a potential £20,000 fine per crew. He applied many weeks ago for the skilled worker visas and they are still being processed, so today’s letter was not received with great cheer. Can the Government make a special dispensation for Orkney crab businesses to carry on fishing in their traditional waters, which are far off in the north Atlantic but count as inshore due to three tiny uninhabited islands? If they were discarded from the calculation around inshore waters, an important traditional industry for Orkney would be allowed to survive.

[Lord Murray of Blidworth (Con)]

I know that the noble Lord is a doughty campaigner on these issues. Indeed, we have previously exchanged views on this. I am happy to look at the suggestion he raises, but it is right that the fishing industry should be able to utilise domestic labour where possible and use the skilled workers visa route to employ foreign nationals if necessary within 12 nautical miles. I am afraid that it is not within the department’s ability to change the geography of the waters around Orkney, but I will certainly look at the matter he raises and write to him about it.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, on Thursday 13 April, the Home Office announced that the scheme to allow visas for workers in aquaculture and offshore renewable industries would now cease for the fishing industry with immediate effect. This caused both outrage and chaos among fishermen, who are now to be classed as skilled workers, unlike seasonal agricultural workers. The immediate cessation of the visa system for the fishing industry came as a total shock. Why was this announcement so sudden, and why was it made during the Easter Recess, producing a catastrophic impact?

[Lord Murray of Blidworth (Con)]

I thank the noble Baroness for that question. It cannot have come as a total shock because we debated the provisions in the Nationality and Borders Act when it passed through Parliament, so the industry had a clear indication at that point of the Government’s intention and direction of travel. Turning to the noble Baroness’s substantive point, I point out that there are fundamental differences between fishing and the agricultural sectors. The agricultural scheme is seasonal and temporarily provides low-skilled labour for peak seasons in roles that are generally not eligible for skilled worker visas. The fishing industry, by contrast, operates all year round, and the occupations are eligible for skilled worker visas.