Immigration Bill

Lord Hylton Excerpts

Tuesday 26th April 2016 Lords Chamber

As Mr Ewins’s review emphasised, these are complex issues. However, the Independent Anti-slavery Commissioner has stated his view that the Government’s approach is the right one. I hope noble Lords are persuaded likewise and can agree that the House’s Amendment 60 is unnecessary. I beg to move.

[Lord Hylton (CB)]

My Lords, it is a pleasure to see the noble Baroness, Lady Hamwee, in her place today. She understands these issues from her experience in central London and has spoken about them on previous occasions.

I am grateful to the noble and learned Lord, Lord Keen, for seeing me yesterday to discuss domestic workers and the tied visa. I also thank the noble Earl for what he said in his introduction to this response, and I am grateful to the Immigration Minister for saying that,

“when an overseas domestic worker has been referred into the national referral mechanism during their initial six-month stay, their permission to take employment will continue while their case is assessed”.

That is helpful, and will prevent destitution. However, the Minister went on to say that,

“the measures will ensure that, when a worker arrives”—

I emphasise that word—

“in an abusive employment relationship, they can leave it with the certainty that they will be able to continue working”.—[Official Report, Commons, 25/4/16; col. 1190.]

I must therefore ask: does that cover cases where the abuse or exploitation starts only after arrival here? I trust that the answer is yes and that the need to enter the NRM to get protection will be made widely known at information meetings before and after arrival, and to the relevant statutory and voluntary people here.

If the NRM application fails and the worker has to leave this country, can she know in advance that she will be able to return home if she wishes and not be left stranded somewhere in the Middle East?

Those two points are important. I have given notice of them and I look forward to positive replies.

[Baroness Hamwee]

My Lords, the noble Lord, Lord Hylton, has done a sterling job on this issue, as have others on previous such Bills. Of course, I acknowledge that the Government have made some important changes, but I have to say that I remain persuaded by the report of James Ewins—a report commissioned by the Government themselves.

The Government’s amended policy depends in particular on the national referral mechanism functioning well and there being easy access to it. I summed up in my own mind that the Government’s approach reflects prosecution trumping protection—and I do not say that lightly. The Government are concerned that if overseas domestic workers could change employers and significantly prolong their stay, they would be less likely to report abuse, and enable an employer to abuse others. I do not accept that premise in the context of what we know about this situation. The workers will remain effectively tied to their employers. They will be deterred from escaping because of the quite complex and conditional rights under the new regime, or indeed they may go underground. They need to be informed of clear, concrete rights which are readily understood, and they need to be confident about employing those rights.

I, too, have questions for the Minister. First, can he give any news of the improved functioning of the national referral mechanism, which we know has been the subject of considerable attention and new ways of working? Secondly, I understand that Mr Ewins is to be asked to make a further report. I am not sure whether, in the light of the acceptance or otherwise of his first report, he has accepted that job. But if it is to happen, when will it happen, and will it cover the use of the national referral mechanism by overseas domestic workers?