Immigration Bill

Earl of Sandwich Excerpts

Tuesday 26th April 2016 Lords Chamber

[Lord Rosser]

We continue to support the Ewins recommendations on overseas domestic workers, as well as the amendment that your Lordships sent to the Commons, which it has not accepted. We note that there has been some movement on this issue by the Government, to which the noble Lord, Lord Hylton, referred. I hope that in his response the Minister will be able to reply in detail to the questions that have been raised in this short debate, and I hope that the answers will be found satisfactory by those who asked the questions.

[The Earl of Sandwich (CB)]

My noble friend Lord Green said that the Government have moved a very long way but I cannot agree with him. The Government have moved a short way. We heard previously, at earlier stages of the Bill, about the national referral mechanism being the fulcrum of the Government’s argument. I acknowledge that they have moved, but anyone who has sat and listened to 50 domestic workers, as I did with my noble friend Lord Hylton, will know that there is an atmosphere of fear, which is very hard to convey, but the noble Baroness, Lady Hamwee, has already pointed that out. Even applying to the national referral mechanism, reporting very dangerous circumstances and forms of abuse, carries its risks for these people. Therefore, I urge noble Lords to think very hard about this amendment and I support my noble friend.

[Earl Howe]

My Lords, I have listened carefully to the questions and comments that noble Lords have made. I re-emphasise that we share a common objective here—that is, to ensure that there are effective arrangements for overseas domestic workers to escape abuse, and that must be at the centre of our thinking.

Perhaps initially I may respond to the questions put by the noble Lord, Lord Hylton. I am grateful to him for giving me advance notice of them. I confirm that the protection measures which the Government are extending to overseas domestic workers will apply in cases where the abuse or exploitation starts only after arrival in the UK. This includes the ability of overseas domestic workers who were referred to the national referral mechanism to continue working while their case is considered. We will ensure that this possibility is publicised via the planned information meetings and that statutory and voluntary personnel who work with overseas domestic workers are also made aware of it.

If the outcome of the referral is that the person is found not to be a victim of slavery and trafficking and therefore needs to return home, I also confirm that it will be for the individual to choose whether they return to their country of origin or to their country of previous residence. The Government’s information leaflet for victims of trafficking already makes it clear that they will be assisted to return to their home country if it is safe to do so. I hope that that reassures the noble Lord.

I am sorry that the noble Baroness, Lady Hamwee, is not convinced by the measures that we have taken to address the concerns raised at previous stages. I am genuinely sorry as we have tried our best. Perhaps I may address one point that she made. She indicated that James Ewins had been asked to produce a further report on overseas domestic workers. In fact, he has not been asked to complete a report, although I need hardly say that the Government will keep the situation under close review. The noble Baroness may be thinking of a different issue. We have asked Stephen Shaw to review the system of detention, and my noble and learned friend Lord Keen will come to that issue later.