Migrant Domestic Workers

Baroness Browning Excerpts

Wednesday 8th June 2011 Grand Committee

[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.