Modern Slavery Bill

Debate between Baroness Kennedy of Cradley and Baroness Royall of Blaisdon

Wednesday 10th December 2014 Lords Chamber

[Baroness Kennedy of Cradley]

My Lords, I have Amendment 97A in this group, but I also support Amendment 97 in the name of the noble and learned Baroness, Lady Butler-Sloss, and Amendment 101A in the name of my noble friend Lord Rosser. Many people welcome the great job done by the GLA. In the sectors for which it is responsible, it has been extremely effective at raising standards and driving out poor performance. Ten years ago, given the context in which the GLA was established, limiting the sectors it covered made sense. But 10 years later the limit on the GLA remit now makes little sense.

Amendment 97A was recommended by the joint scrutiny committee, of which I was a member, to allow the remit of the GLA to be extended. As the noble and learned Baroness, Lady Butler-Sloss, said, many high-risk sectors fall outside the remit of the GLA, such as construction and hospitality—and I would add care and cleaning to that list. These sectors are high risk because they commonly use subcontractors, agencies and migrant labour. The work is seasonal and low paid, and workers often work on site and in isolated conditions. Therefore, these sectors need to be afforded greater attention and the workers need the extra protection given to them by the licensing regime of the GLA.

As I have said, the GLA is widely recognised as being effective and is often cited as an example of best practice. Many people have called for its remit to be extended to such high-risk sectors, which is why the Joint Committee looked at it in some detail and agreed. It would be a mistake not to consider it now or, as the noble and learned Baroness said, in the future, which is why I support Amendments 97 and 101A that allow for that. These amendments also would allow the GLA to be given greater powers. I agree. The GLA would have the power, for example, to enforce payment of unpaid wages and the ability to fine businesses which have deliberately evaded licensing.

The sentencing and penalties faced by unlicensed and exploitative gangmasters also need addressing. Some very ruthless people are getting away with comparatively small fines. In 2013, an unlicensed gangmaster was convicted of exploiting more than 60 Filipino workers on dairy farms in the UK. Despite having made more than £700,000 through exploiting his workers and housing them in appalling conditions, he was given a 12-month suspended sentence and was asked to pay £45,000 in compensation over three years. We must review the sentencing guidelines for GLA offences. We cannot have a situation where cruel gangmasters see fines, in the words of the GLA,

“as a hazard of the job”.

I hope that we can amend this Bill to address these significant issues, as when there is inadequate preventive action, abuse occurs.

[Baroness Royall of Blaisdon]

My Lords, I shall speak to Amendment 101A in my name and that of my noble friend Lord Rosser, and I support the other amendments in the group. Like others, we are seeking an enabling power by regulations to allow the Secretary of State to expand the remit of the Gangmasters Licensing Authority into other sectors when he or she wishes to do so. In Committee in the other place, the Minister, Karen Bradley, said:

“The case has not been made for extending the GLA’s remit at this stage beyond the core areas the Act sought to address”.—[Official Report, Commons, 14/10/14; col. 480.]

I contest that point of view because, like other Members across the Committee, we have a deal of evidence to prove that there is a strong case for extending the GLA’s remit. But we are not forcing the Government to do that now; we are saying, as and when appropriate, please let us do it.

The introduction of legislation on gangmasters in 2004 has worked very well in protecting workers in the agriculture, horticulture and shellfish collection sectors. Widespread research from trade unions, charities and academics suggests that hundreds of thousands of migrant workers are routinely underpaid and overworked in dirty and dangerous jobs across the UK on farms, in care homes, providing cleaning services on the London Underground, in hotels and offices, and on construction sites, as others have said. Often employed by labour providers or gangmasters, many of these workers presumably have little idea of UK employment rights such as the national minimum wage, let alone the leverage to be able to claim them.