Immigration Bill
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Baroness Lister of Burtersett
My Lords, I support Amendments 234B, 234M, 234N and 235A in the name of the noble Earl, Lord Listowel, to which I was pleased to add my name, not least as he has been such a consistent champion of the rights of care leavers. I am also supportive of other non-government amendments in this group, particularly Amendments 230D and 239B.
On Monday, the noble Lord, Lord Ramsbotham, spoke about the deeply unsatisfactory way that this Bill has proceeded, with amendment after amendment having been tabled by the Government since its initial introduction in the Commons. It is particularly inappropriate that amendments concerning an issue as important as the treatment of care leavers should have been introduced in this way, leaving a host of unanswered questions as to how the new provisions affecting such a particularly vulnerable group—as the noble Earl emphasised—will work in practice.
This vulnerability cannot be magicked away by constant referral to this group of young people as adult migrants, as if, miraculously, the vulnerabilities that were recognised at the age of 17 years and 11 months have evaporated overnight on their 18th birthday. As the Refugee Children’s Consortium and the Alliance for Children in Care and Care Leavers point out, it is long established in law and policy that those who have been in care need continued support on turning 18 in light of their vulnerabilities. Indeed, leaving care and children’s legislation is predicated on an understanding of the need to provide additional support beyond just accommodation and subsistence needs after the age of 18.
Likewise, the Office of the Children’s Commissioner points out:
“For the purposes of the Commissioner’s primary function, a person who is not a child is to be treated as a child if he or she is aged 18 or over and under 25, and a local authority in England has provided services to him or her under”,
the relevant sections of the Children Act at any time after she or he turned 16. As the commissioner explains,
“the intention of the Children’s Act was to establish that leaving care responsibilities apply by virtue of the authorities’ position as good ‘corporate parents’ irrespective of the care leaver’s particular circumstances and in recognition that turning 18 does not result in overnight independence from those who have cared for you previously”.
By removing these young people from the protection provided by the Children Act, Schedule 9 also takes care leavers with unresolved immigration status out of the remit of the Children’s Commissioner, thereby overturning a provision introduced for good reason by Parliament as recently as 2014.
Once again, immigration control trumps the well-being and protection needs of children and young people—a more general tendency observed by the JCHR, of which I was then a member, in its report on the human rights of unaccompanied children and young people in the UK. As the Refugee Children’s Consortium and the alliance argue, it is creating a two-tier discriminatory system of support for care leavers based on immigration status. One consequence is that a young person on turning 18 could be torn from their foster parents with whom they may have developed a strong and loving relationship. Think what effect this might have on a young person who had suffered earlier trauma as a result of separation from her or his parents. This really is disgraceful and it makes me both sad and angry to think what we might be doing to this particularly vulnerable group.
Many young people in this position do not even understand that they have no leave to remain after the age of 18. Amendment 230D is particularly relevant here. The JCHR inquiry concluded:
“Discretionary leave to remain is used too readily at the expense of properly considering other options”,
and recommended that decisions should be,
“made about their future on robust evidence as early as possible”.
That this should happen will be all the more important once Schedule 9 takes effect. The JCHR report made clear that:
“The duty towards an unaccompanied migrant child does not end at 18”,
and argued that it is right that local authorities’ duties,
“continue to apply to vulnerable children who may continue to require support as they face fundamental decisions about their future”.
It notes that the Government, in their written evidence to the inquiry:
“stressed that unaccompanied migrant children were supported ‘in the same way as any other child in need’, throughout and beyond the care system”,
but no more, my Lords.
We were highly critical in that report of how effectively existing duties towards migrant young people were fulfilled. But that is not a reason for absolving local authorities of these duties. We recommended that:
“Unaccompanied migrant children must be properly supported in the transition to adulthood”,
and that,
“bespoke and comprehensive care plans”,
that,
“take full account of the wishes of the child … remain applicable up to the age of 21, or 25 if the young person remains in education, to enable children to realise their maximum potential”.
The Government responded:
“We agree with the Committee that children should be properly supported in the transition to adulthood”.
It would seem that they believe, in the face of all the evidence, that that transition ceases on a child’s 18th birthday.
Schedule 9 raises all kinds of practical questions that must be clarified before it becomes law. We have heard some from the noble Earl and from the noble Baroness, Lady Hamwee. She referred to questions raised by the Office of the Children’s Commissioner. Has the Minister met the Children’s Commissioner to discuss these matters? If not, will he undertake to do so before Report, or to include her in the meeting that he has very kindly already offered, because she is charged with protecting the rights of this group? As it is, Schedule 9 will remove rights established to protect some of the most vulnerable young people in the country, as we have heard. I have said this before and I will say it once again: this cannot be right.
Lord Hylton (CB)
My Lords, I have a question which comes up in parallel to this huge group of amendments. It is as follows: if a young person or adult has been in this country for more than seven years without committing any serious offence and is therefore in a position where they would be eligible for British citizenship, if they applied for it, is it the intention of the Home Office to deport them? I will just explain that this question arises from the visit that my noble friend and I made to Yarl’s Wood today. I quite understand if the Minister does not feel able to give me an answer now but if he does not, will he please write to me and place a copy in the Library?
Immigration Bill
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Lord Kennedy of Southwark (Lab)
My Lords, Amendment 231 and Amendment 234, which will be spoken to shortly by the noble Lord, Lord Hylton, both seek to put in the Bill revisions concerning the reuniting of refugees with their family members who are resident in the UK. Again, we are dealing with people in some of the most desperate situations in which you could find yourself. The UK has always had a proud record of being a safe haven for people in such circumstances. The British Red Cross, in its very helpful briefing, provided a number of examples of families who have been split up due to the age of the children, although the whole family has fled a conflict zone. Noble Lords will understand the distress that causes.
Our amendment is very simple. It asks the Secretary of State to conduct a review, which must consider,
“the implementation of the … EU Dublin III Regulation”,
in addition to allowing close family members who are recognised refugees or have been granted humanitarian protection to be sponsored by relatives who are British citizens living in the UK, and,
“options for extending the criteria”,
for who can be considered. A copy of the report,
“must be laid before … Parliament within six months”.
The review would help the Government deal with a number of issues and to examine whether we have the best arrangements in place when dealing with refugees and reuniting them with their families in the UK. That means having the best and fairest rules in place, not just those that seem the harshest.
Some of the issues that could be looked at in the review include the fact that there is no legal aid for sponsors in the UK, as legal aid for this area ended in 2013. Has that policy improved the situation? The rules are restricted to immediate family members only, which means partners and children under the age of 18, so older children, just over the age of 18, are not eligible. There are also issues about adopted children, who are at present regularly refused entry while other children are allowed entry. Then there are the European Union’s Dublin regulations and their application. There are matters such as the applicant not being given the opportunity to submit further evidence if their application is deemed insufficient, forcing them to go through the lengthy appeals route while living in precarious conditions. Is that the UK’s best option for dealing with these difficult issues? Is it the best way to deal with families or to treat vulnerable families? I beg to move.
Lord Hylton (CB)
My Lords, I start by thanking the all-party trio who have added their names to Amendment 234. Its purpose is to make family reunion easier. It has been drafted by the British Red Cross, to which I am very grateful. Your Lordships will notice that the proposed new clause applies only to those with international protection needs—those who have a genuine fear of persecution or who have been forced to flee their homes and country by war, ethnic clearance or genocide. It does not, therefore, open the door to uncontrolled flows of economic migrants.
It is important to know that refugees and protected people in Britain may already bring in their spouses and children. Our amendment would widen the category to include close family members—that is, children aged over 18, dependent parents and grandparents, civil partners and siblings. Such close kin are essential to a full normal family life. Sponsorship from Britain is, however, limited in the amendment by requiring the incomers to be registered with the UN High Commissioner for Refugees or equivalent authority in other countries. Secondly, they should not be a charge on public funds when they are here. In this context, your Lordships may like to note also Amendment 234AA in the name of the noble Baroness, Lady Hamwee.
The limitations that I have mentioned are important ones, so let no one say that this would be a free-for-all. Subsection (1)(b) of the proposed new clause provides a second legal channel for claims to be made by close family members from overseas. I argue that it is desirable to have in this way a kind of two-way process, available both from this country and from overseas.
I would like to illustrate the critical importance of family reunion given what I saw when visiting Calais almost two weeks ago. The enterprising mass of refugees and migrants in France have made their way so far, against the odds, for thousands of miles, from Africa and the Middle East. They certainly include some who have close family in Britain. Indeed, the French social agency that showed us round had met some such people, and pointed out to us one young man in particular who had lived in England and was searching in France for his next of kin. Another category that we should also welcome is those who have worked for British forces—for example, as interpreters in Iraq and Afghanistan. We have some responsibility for such people who risk their lives for our men. We abandon them at our peril.
Sample studies done in France show that about half of those now at Calais and Dunkirk want to come to Britain, while another quarter are probably willing to apply for asylum in France. I have clear advice for our Government: it will be no good sending staff from UK borders to explain conditions here to the camp dwellers or to tell them to apply first in France. Such staff will simply not be credible. What I suggest might work would be to send volunteers from ethnic minorities in Britain to advise on British conditions and on how to apply to come here. That would work even better if our amendment were to be accepted.
While in Calais, we met three deputies from the French Parliament. They were keen to see their own Government speed up asylum applications. They wanted better information for camp dwellers and better co-ordination of relief and volunteer agencies. I trust that these French parliamentarians would agree with me that the French authorities should not bulldoze some of the shacks and tents before alternative accommodation is made available.
To return to our amendment, the Government may say that the third Dublin regulation already provides for family reunion. But who among the refugees knows about this obscure and highly technical, if well-intended, provision? In how many cases have family members actually been able to use it to achieve reunion in this country? I suggest that family reunion is a blessing to all. It strengthens the families themselves, it helps social cohesion in our communities and it assists the Government by increasing family incomes and reducing the need for services and benefits. Perhaps that may not happen in year one, but it will happen sooner rather than later.
We all know that the Home Office has huge powers of resistance, but I trust that it will not choose to resist this win-win proposal. Our amendment is somewhat stronger than Amendment 231, while still allowing the Secretary of State some discretion on the drafting.
Lord Hylton
“Family reunion: persons with international protection needs
(1) Rules made by the Secretary of State under section 3 of the Immigration Act 1971 (general provisions for regulation and control), shall, within six months of the passing of this Act, make provision for—
(a) British citizens and persons settled in the UK to be enabled to sponsor their children, grandchildren, parents, grandparents, spouses, civil or unmarried partners, or siblings, who are persons registered with the Office of the UN High Commissioner for Refugees or with the authorities responsible for the protection of refugees in the State in which they are present, to come to the UK on terms no less favourable than those under rules made under that section which apply to family members of persons recognised as refugees, save that it may be provided that those sponsored shall have no recourse to public funds; and(b) applications for refugee family reunion from the children, grandchildren, parents, grandparents, spouses, civil or unmarried partners, or siblings of persons recognised as refugees or who have been granted humanitarian protection in the United Kingdom.(2) An order shall be made by the Lord Chancellor under section 9(2)(a) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (general cases) in respect of family reunion for the persons described in subsection (1) within six months of the passing of this Act.”
Lord Hylton
I have spoken to this amendment, and I thank those who supported it and mentioned it favourably. I give notice that it is a subject to which I am pretty certain we will have to return at Report.
Immigration Bill
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Baroness Lister of Burtersett (Lab)
My Lords, I was pleased to add my name to these amendments. They strike me as being reasonable and modest, and a very strong case has already been made by the noble Baroness, Lady Doocey, and the noble Lord, Lord Alton. ILPA also makes the case for allowing payment to be made by instalments:
“The sum at stake, the £200, £150 for students may appear modest. It is not. Factor in that it is a payment per year, that there will be a levy for each family member and then consider average earnings in different countries and exchange rates with the UK and it acts as a bar to entry … Any health levy payable prior to arrival risks presenting a barrier for those nationals of countries where earnings are low and currencies weak relative to the UK. Similarly if a person must pay the levy for their entire period of leave up front: to do so exacerbates the effect of existing disparities”.
The Anti Trafficking and Labour Exploitation Unit has provided a case study which again illustrates the difficulties that upfront payments can create for low-paid workers:
“F is a domestic worker from South Asia. She has leave to remain granted under the rules for domestic workers in place before April 2012. In 2015 she sought to extend her leave to remain. She faced an application fee of £649 and a health surcharge of £200 so a total of £849 to pay up front. This was more than her monthly wage of £800. From our experience, someone working in a minimum wage job is virtually certain to have their application for fee remission refused, even when human rights is the main focus of the application, which is not the case for domestic worker visa extensions who could not therefore hope to be given a fee waiver. F had to borrow the money from her employer which on this occasion was possible. Not all employers would be willing to assist in this way”—
I suspect that rather few employers would do so. It continues:
“For a domestic worker to find that much money up front inevitably necessitates borrowing, which can put a vulnerable person further at risk. To save that much money each month can be a huge task for someone on a minimum wage income but is more manageable than an upfront payment. The fee for such applications will go up to £811 in 2016 in addition to the health surcharge”.
I suspect that all of us in this House live pretty comfortably, so for us to make a payment like that upfront is something that we probably do not even think about. It might just be a slight nuisance. We must put ourselves in the shoes of someone for whom making such an upfront payment is a huge burden, and something that seems impossible to comprehend. The difference it would make to them to be able to pay in instalments is enormous. It is important that we try to think what it means to the people for whom we legislate.
The exemptions also seem to me very fair. I was going to make reference to the UNCRC, but the noble Lord, Lord Alton, has already made it. There are questions about whether charging children is compatible with those provisions. To exclude victims of domestic abuse would simply build on the existing exemptions under the destitution domestic violence concession, without introducing a new principle. On the question of destitution, the briefing that I had from the Caritas Social Action Network gave the example of someone who was not considered destitute for this purpose because they had £60 in their bank account, but they were homeless. Perhaps I should know the answer, but will the Minister tell us the criteria for destitution when deciding on such cases? I hope that he will look kindly on these very reasonable, very modest and very just amendments.
Lord Hylton (CB)
My Lords, I support these two amendments—in particular, where they deal with exemptions for children who cannot be expected to have large earnings and for victims of domestic violence. May I suggest to the Minister that he consults on this his noble friend Lady Anelay of St Johns? After all, she has worldwide responsibilities for protecting women in particular but also, no doubt, children against violence, whether domestic or arising from wars and civil conflicts. It would be paradoxical for us to go to considerable lengths to get better worldwide protection while diminishing it or removing it from people here.
Baroness Hamwee (LD)
My Lords, I support my noble friend in these two amendments. They have been described as modest; I think they are remarkably modest in the light of the descriptions that we have heard. I would say to the noble Baroness, Lady Lister, that I would think twice about £640.
We are told that immigration fees are charged on the basis largely of cost recovery. Does this administration charge reflect the cost of administration? I find it quite interesting. It makes me wonder not only about the efficiency of it but that so much more is being paid for the administration than for the health service. When the proposals for a health surcharge were first mooted, there was a lot of debate about the dangers of either driving people underground or deterring people who have a right to a service from seeking it because they do not quite understand how it all works and fear that they might be prejudicing their own immigration status by seeking health advice and health treatment. My noble friend has raised immensely important points.
Lord Bates
On that point, which I was just coming to, migrants making an application for asylum or humanitarian protection, or a claim that their removal from the United Kingdom would be contrary to Article 3 of the European Convention on Human Rights, will be exempt under the existing rules.
A question was asked, very reasonably, about definition. The explanation is quite lengthy, so perhaps I might put it in writing to the noble Baroness, Lady Doocey, and copy it to other interested Members. I know that that information would be useful ahead of day four of consideration in Committee, when other related issues will be considered.
On the points made by the noble Lords, Lord Hylton and Lord Alton, and the noble Baroness, Lady Lister, children who are visiting the UK with their parents or guardians or whose parents are here unlawfully are generally not entitled to free NHS hospital treatment. However, they will always be provided with immediately necessary and urgent treatment, even if their parents have not paid in advance or are likely to be unable to pay afterwards. But some particularly vulnerable children are exempt from the charge—for example, refugees, those looked after by a local authority and victims of human trafficking. We do not intend to establish a blanket exemption for children, as this poses a significant risk that people would bring their children to the UK to seek treatment for existing serious illnesses. No child is deprived of access to health services, but in some cases this will have to be paid for, unless an exemption applies.
The noble Lord, Lord Alton, asked about the Cardinal Hume Centre, which I have heard of by reputation. I would be very happy to accompany him with one or two officials, ahead of Report stage, to see the work going on there and to hear about the practical concerns. That would be a good part of testing out what we are doing. However, the Government believe that those who make use of NHS services must pay for them. The immigration health charge is collected as a direct contribution to the NHS. Children are as likely to make use of NHS services as adults, and it is therefore only right that parents and guardians bear the responsibility of paying a charge for their child, except in the type of situation I have identified. Those who pay the charge will then receive free NHS treatment for the duration of their lawful stay in the United Kingdom.
With these explanations and that commitment to explore this issue further ahead of Report, particularly in relation to the Cardinal Hume Centre, I invite noble Lords to consider withdrawing their amendments at this stage.
Lord Hylton
Before the noble Baroness decides what to do about this group of amendments, I ask the Minister to reflect between now and Report on whether Section 38 of the Immigration Act 2014 is compatible with the agreements we have with other EU states for reciprocal health and welfare benefits. If it is not, that would seem to me to reflect very badly on our current efforts to renegotiate membership.
Lord Bates
I am very happy to reflect on that. Perhaps I will include the response to that with the response on destitution that I promised the noble Baroness.
Overseas Domestic Workers Visa
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Lord Bates
The report was published on 17 December, so we have had it during consideration of the Immigration Bill, which is obviously a more sensible legislative vehicle to carry any changes. James Ewins has put forward 34 recommendations, which we are looking at very carefully, and we appreciate his work. When we debated this in the Immigration Bill Committee last week, I said that, before Report, we would have a meeting of all interested Peers—with James Ewins—and the Government would produce their response and any proposed amendments to the legislation.
Lord Hylton (CB)
My Lords, the Minister has proposed a meeting on this subject and we are grateful for that. However, what is the point of having an independent, specialist review and then delaying implementing its conclusions and recommendations? Failure to act will surely prolong and continue exploitation and misery, whereas this could easily be remedied by modifying the immigration rules.
Lord Bates
That is one route. We are on the same track as the broad thrust of what James Ewins has put forward. He identifies some gaps in the data, and we recognise that that needs to be worked on. We need to consult, across Government, about the right approaches. However, there are some areas where we have a problem that we would like to focus on further. Our view is that the national referral mechanism is the correct vehicle for dealing with someone who is found to have been abused under the overseas domestic workers visa scheme. That ensures that the individual gets the help they need and that the National Crime Agency finds out who the perpetrator is, so that appropriate action is taken. However, we are on the same page on the broad thrust.
Child Refugees
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Lord Hylton (CB)
My Lords, I was in Calais in the “jungle” camp last Thursday—not, I add, in combination with the leader of the Opposition in the other place. The visit was organised by two leading Catholic social agencies, one in Britain and the other in France. It included meetings with three deputies of the French National Assembly. Will the Government provide legal routes to apply for asylum in this country for purposes of family reunion or for former employees of British Armed Forces?
Lord Bates
Certainly under Dublin there is a route for family reunion, which we honour and respect. Harrowing pictures come from the camp; I have not had the opportunity to visit. It is absolutely critical that the people in those camps claim asylum in France and therefore start to get care and attention that the children, in particular, need in France. We would encourage them to do that.
Immigration Bill
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Lord Hylton (CB)
My Lords, I will speak to Amendment 134B, which is in my name. Last year, on what became the Modern Slavery Act, we made progress even on the long-vexed question of foreign—that is, non-EU—domestic workers coming to this country on the tied, short-term visa or working for diplomats here in London.
The Government appointed Mr James Ewins QC to do an independent review of the effects, in practice, of the restrictive visa. He took evidence and considered whether there was sufficient protection from abuse of those workers’ fundamental rights, such as would amount to modern slavery and human trafficking. In November last year, as has been mentioned, on the balance of the evidence, he found that the tie to a specific employer without the right to change or to apply for a visa extension was incompatible—I repeat, incompatible—with reasonable protection, as was mentioned previously by the noble Lord, Lord Rosser. Today, his Amendment 133 goes a long way to meeting the Ewins recommendations. I believe that it repeats the wording of my previous amendment from last year, which was approved by your Lordships on a Division during the progress of the Modern Slavery Bill.
However, I wish to go just a little further and be a little clearer on the instructions to the Secretary of State. My amendment would implement the improvements by changes to the Immigration Rules, making them variable but without recourse to new primary legislation. Proposed new paragraphs (a), (c) and (f) in my amendment are the same as those in Amendment 133. My paragraph (b) provides for an,
“information session within one month of the commencement of their visa”.
This would allow the workers to be fully informed of their rights. Checks could be made at that time that they had contracts of employment and understood them, that they had access to their passports—a point which has been mentioned very often in previous debates —and that they knew how to raise complaints.
My proposed new paragraph (d) would probably not apply to workers on a six-month visa unless the employers themselves obtained extensions of stay, as does in fact quite often happen. It would also be helpful for diplomatic employees and in some irregular situations where time had passed by but there were strong grounds for allowing settlement. It would, furthermore, make possible applications in this country without the applicant having to return to another country and therefore apply from outside the United Kingdom.
My proposed new paragraph (e) would not apply automatically but would helpfully assist family reunion and parental ties—for example, in cases where small children had been left behind in the country of origin. This is obviously a very hard choice but one into which mothers may be forced by extreme poverty. With these explanations, I trust Amendment 134B will commend itself to your Lordships and provide the Government with satisfactory guidance on how to implement the Ewins recommendations. This protection for highly vulnerable people is urgently needed, and further delays would be quite unacceptable.
Lord Alton of Liverpool (CB)
My Lords, I wish to support Amendment 133, moved by the noble Lord, Lord Rosser, and to say a word in support of my noble friend Lord Hylton’s Amendment 134B. In March last year, at the last gasp of the then Modern Slavery Bill, your Lordships voted down the amendment that my noble friend has referred to, which would of course have provided greater protection for domestic migrant labour in the way that the noble Lord, Lord Rosser, described. My noble friend Lord Hylton has of course persistently championed this cause, and this new legislation gives us an opportunity to rectify what is a long-standing injustice.
In March, those of us who divided the House pressed for the most basic of protections: first, the right to change employer but remain restricted to domestic work in one household; secondly, if in full-time work as a migrant domestic worker in a private household, the option to apply to renew the visa; and thirdly, in instances of slavery, a three-month visa to allow the workers to look for decent work. We argued that without these sorts of provisions, we would leave in place a system found repeatedly over the previous three years to facilitate exploitation, including trafficking of migrant domestic workers.
One of the foremost charities working with these groups, Kalayaan, described how such workers have literally sacrificed themselves to the well-being of their wider families. They do not self-protect in the way that someone with more choices would expect. Many explain that they are prepared to put up with any amount of mistreatment if they can provide for their children and ensure that the same will not happen to them. Kalayaan reports that 65% of the 120 domestic workers on the new visa who they saw between 6 April 2012 and 6 April 2014 did not even have their own rooms but shared children’s rooms or slept on the floor of communal areas, while 53% worked more than 16 hours a day and 60% were paid less than £50 a week.
In 2009, the Home Affairs Select Committee, quoting Kalayaan, said in its inquiry into trafficking that the visa issue was,
“‘the single most important issue’ in preventing the forced labour and trafficking of such workers”.
I recognise that the wholly unacceptable exploitation of domestic workers will not be entirely abolished by the acceptance of these amendments, but it would certainly be an improvement on the current situation.
In reply to the debate last March, the Minister—the noble Lord, Lord Bates—urged Members of your Lordships’ House to resist our amendment and to await the outcome of the review of James Ewins, which the noble Lord, Lord Rosser, has mentioned. The Minister said:
“Most crucially, the amendment is defective because a serious and considered piece of work is currently going through its process under the widely respected James Ewins. Our argument is that that should be allowed to take its course”.—[Official Report, 25/3/15; col. 1448.]
In the review, which followed the debate, Mr Ewins takes as his fundamental question,
“whether the current arrangements for the overseas domestic workers visa are sufficient to protect overseas domestic workers from abuse of their fundamental rights while they are working in the UK, which includes protecting them from abuse that amounts to modern slavery and human trafficking”.
We now have the result of that review, and Mr Ewins has recommended removing the visa tie:
“On the balance of the evidence currently available, this review finds that the existence of a tie to a specific employer and the absence of a universal right to change employer and apply for extensions of the visa are incompatible with the reasonable protection of overseas domestic workers while in the UK”.
He goes on to say:
“The review recommends that all overseas domestic workers be granted the right to change employer … and apply for annual extensions, provided they are in work as domestic workers in a private home”.
Who are the kind of people we are talking about? The Anti Trafficking and Labour Exploitation Unit provides a number of examples, of which I will give only one, relating to the plight of an African national caught up in the cat’s-cradle of domestic labour exploitation. She entered the UK as a domestic worker under the rules in place before April 2012. Her visa has been extended a number of times and she has continued domestic work. She worked for an employer for over three years and was mistreated: she was paid less than promised, shouted at and rarely allowed to leave the house, and her passport was taken by her employers on arrival—the key point. She of course felt very scared. She managed to gain their agreement to a short holiday after the three years, and when she got her passport back, she changed employers. She was advised about the protection available under the national referral mechanism but has been reluctant to pursue this as she fears she will be sent home to her country of origin by the Home Office. The study shows that a common form of control is retention of documents, psychological abuse and restriction of movement.
However, domestic workers who are allowed to change employer can solve problems that arise with one employer by changing employment and moving away from the problem. The case also shows that the NRM will not be the right fit for everyone, even with advice. Individuals can be frightened of being perceived to cause trouble for others and of repercussions from that.
Although Amendment 133 has provided this welcome opportunity to debate what provision should be made for overseas domestic workers, this can all be achieved simply by amendments to the Immigration Rules, so the full range of options is open to the Government. Either way, Mr Ewins’s recommendations, which he identifies as the minimum necessary to protect overseas workers, should be implemented without delay as an essential first step towards comprehensive protection.
As my noble friend Lord Hylton said, he would go slightly further in Amendment 134B. Maybe these two ideas, which are not in conflict, could be taken together before Report. What is abundantly clear is that the Government must get on with resolving this issue and providing reasonable and basic protection to those caught up in a tangle of exploitation and coercion.
Lord Green of Deddington
Yes, I quite see that. I would expect the people whom the noble Lord quoted to say what they said. There is clearly some force in that, and there clearly is a problem. We are not in doubt that there is a problem over the treatment of domestic servants who are brought to the UK; that is entirely understood and not in question. What is in question is the balance between trying to ensure that that problem is alleviated—it will never be removed; we will always have rogue employers—and the needs of the immigration system, which would be considerable because these numbers would go up very fast indeed. If people knew that they had only to get here with one employer and they were here for ever, of course they would come in their thousands. So there must be a balance. That is really my point.
Lord Green of Deddington
I do not think that I understand the noble Lord’s point.
Lord Hylton
“Protection from slavery for overseas domestic workers
Rules made by the Secretary of State under section 3 of the Immigration Act 1971 shall make provision for overseas domestic workers in the United Kingdom, including domestic workers employed in diplomatic households, to—(a) change their employer;(b) be required to attend a group information session within one month of the commencement of their visa;(c) be able to renew their visa as long as they remain in employment and are able to support themselves without recourse to public funds;(d) be able to apply for settlement;(e) be able to apply to be joined in the United Kingdom by their dependants;(f) be entitled to a three month temporary visa permitting them to live in the United Kingdom for the purposes of seeking alternative employment as an overseas domestic worker, where there is evidence that the worker has been a victim of exploitation.”
Lord Hylton
My Lords, I rise to confirm that I only spoke to my amendment and did not move it, but in doing so perhaps I may thank those who spoke in favour of the fullest possible implementation of the Ewins recommendations, and I welcome what the Minister said as regards his intention to make progress between now and the Report stage.
Immigration Bill
Lord Hylton Excerpts(8 years, 3 months ago)
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Lord Hylton (CB)
My Lords, what I have to say follows from what the noble Lord, Lord Kennedy, has just said. Amendment 43 refers to offences under four existing Acts together with inciting, aiding, abetting or counselling such offences. These can trigger undertakings. Amendment 44 refers to notices, orders and enforcement. All this is bound to cost money. Resources have been repeatedly mentioned today, so I must ask: how much of this additional expenditure will be new money and how much will be transferred from the enforcement mechanisms of the existing legislation? It would be a great waste of our time and effort to create a series of new offences without having the means to cope with them.
Lord Ashton of Hyde
My Lords, I thank noble Lords for their remarks. Before I move to the amendments spoken to by the noble Baroness, Lady Hamwee, I shall comment on the points raised on the government amendments.
I was asked when the new system, which the noble Lord, Lord Kennedy, described as burdensome, will be used. This is a new power to be used after the existing penalties have been applied under the existing Acts. For example, in national minimum wage regulations, the current penalty is naming and shaming. In other areas, there are civil penalties. These amendments are designed for egregious offences and repeated offences where, for example, some companies may decide to take the fine and continue to pay their workers less than the minimum wage. We have included these new powers to put an end to breaches of labour market rules. We think they are an important part of the new toolkit to address these serious matters.
Resources have been mentioned on several occasions this evening. I take the point that if these new powers are not properly enforced, there will be no point in having them. My noble friend has already committed to talk about resources and to write to noble Lords on that subject, and I will ask him to include this in his letter.
The noble Lord, Lord Kennedy, raised the subject of electronics. He cleverly included matters which are nothing to do with this Bill. Of course, electricity is dangerous when it is incorrectly applied. The electronic means in this Bill bring it into the 21st century, but that does not mean that they should be used in all cases.
The noble Lord, Lord Hylton, talked about the four current Acts which can trigger the possibility of going into enforcement, and—again—he mentioned money. I agree it is bound to cost some money. As I said before, my noble friend will include that in his reply, if I could leave it like that for the time being.
Of course, the Director of Labour Market Enforcement will set out in his strategy how the funding that is available for the enforcement agencies should be allocated. Every year he makes an annual report. It would be very surprising, if he were underresourced, that he would not refer to that in his annual report.
As I have said to the noble Lord, Lord Kennedy, routine cases will continue to be dealt with using existing powers. There will be LME undertakings, and then orders will be for the more serious cases.
I move on to the amendments in the name of the noble Baroness, Lady Hamwee, to which I listened carefully. Amendment 47A would change the court’s power to make an LME order on application from an enforcement agency, so that the court would have to be satisfied beyond reasonable doubt that the person had committed or was committing a trigger offence.
We think it appropriate that a court should be able to make an LME order on application from an enforcement agency on the basis of the balance of probabilities rather than the criminal standard of proof. In these circumstances, the order is designed to prevent further offending, not as a means of sentencing the person on conviction for an offence. The amendment would limit the ability of enforcement agencies to invoke the LME order regime to secure compliance as an alternative to straightforwardly prosecuting the person for a trigger offence.
Amendment 50A would remove the court’s power to include a prohibition, restriction or requirement in an LME order on bringing the order, the circumstances in which it was made and any action by the respondent to comply, to the attention of persons likely to be interested in the matter. However, we think it right that the courts, in making an LME order, should be able to require a business to make the matter known to interested parties, and failure to do so would result in a breach of the order with the possibility of prosecution for the consequent offence. It is properly for the courts, not the Director of Labour Market Enforcement, to impose this requirement. The amendment would significantly weaken this provision, possibly enabling those subject to an LME order to conceal it from its employees, creditors and trading partners.
Amendment 57A would remove from the provisions relating to offences by bodies corporate the possibility of a manager committing the offence of failing to comply with an LME order where they have consented or connived in the offence or it was attributable to their neglect. However, it is appropriate that managers, in addition to their companies, should be held liable for the offence of failing to comply with an LME order where the offence resulted from their neglect, consent or connivance. Secondary liability provisions of this kind, including liability for managers, are commonplace in other legislation. The principle that managers can be held liable for offences committed by their company in certain circumstances is well established.
In the light of what I have said, I hope that the noble Baroness will agree not to move her amendments.
Lord Hylton
My Lords, I am not happy about the inclusion of Clause 8, on the grounds that it creates a new offence that can be punishable with up to one year’s imprisonment and/or a fine. I also note that it is one year for England and Wales, but only six months for Scotland or Northern Ireland. That seems pretty inconsistent.
As regards Amendment 64, I always understood that asylum applicants could undertake voluntary work, provided that they were not paid, of course, and that they kept themselves available for interviews, whenever those might be required. Perhaps the Minister would say whether I am right, or whether the noble Baroness, Lady Hamwee, is right.
Immigration Bill
Lord Hylton Excerpts(8 years, 4 months ago)
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Lord Hylton (CB)
My Lords, I congratulate the noble Baroness, Lady Hamwee, on emphasising the importance of family reunion. That can hardly be overstated. Like her, I thank the Minister and the Home Office for commissioning and publishing the UN’s report on the domestic workers visa. I have put down a Written Question asking when it will be implemented. Your Lordships know that this can be done quite easily by modifying the Immigration Rules.
Turning to the Bill, there are two things that are completely abhorrent to English public opinion and to our law and traditions: destitution and indefinite administrative detention. That is why we developed, first, monastic and religious charity, then the Elizabethan and Victorian poor laws, then the welfare state and quite recently food banks. Against detention, we invented habeas corpus, and we killed off Regulation 18B and detention in Northern Ireland. Since detention is so unpopular, almost every one of the so-called removal centres now has its voluntary group of friends who visit detainees and help them. As the noble Lord, Lord Rosser, mentioned in March, an all-party group from both Houses demanded, not for the first time, a time limit for detention. This was followed up in September, I am glad to say, by a resolution of the other House. What will the Government do about that? When will they bring us in line with France, Spain, Portugal and Belgium? When will they ratify the EU returns directive, like our EU partners? When will they cut the cost of the detention estate with its 3,500 places? When will they reduce the cost, which was £164 million in 2013-14?
The Government should know that some 30 organisations are demanding reform. A coalition of 78 groups is now calling for action against destitution, especially as it affects children. The Bill proposes a complex and bureaucratic process under four sections of two different Acts and prevents help being given under Section 17 of the Children Act 1989. Given the risks of destitution, it is not surprising that some 10,000 applicants have disappeared without trace. I urge the Government to provide a simple procedure to forestall destitution when unsuccessful applicants face a genuine obstacle to leaving Britain. Action is also needed to prevent foreign criminals lingering on in prison after their sentences have expired.
The Minister in his opening speech mentioned—I was glad to hear it—that there may be scope for improvements in the Bill. I trust that he will use all his diplomatic skills to persuade his colleagues that major amendments are needed.
European Union: Schengen Agreement
Lord Hylton Excerpts(8 years, 4 months ago)
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Lord Bates
That is a good question. I wish the noble Lord had continued a little further in his first intervention and then I might have heard it before. The important point is that the juxtaposed controls which we have with Belgium at Coquelles and also at Calais are essential partnerships. It is very important that they are maintained. We do not believe that Schengen is in danger of suspension at present. There may be members of it, such as Greece, which are causing concern and certain members which are exercising their rights under Article 23 to suspend the operation of those borders for a time. However, it would have implications for us, and that is why we are following it very closely and will offer every support we can to our EU partners.
Lord Hylton (CB)
My Lords, does the Minister agree that fences and border controls provide no solutions? Surely men, women and children already in Europe deserve decent treatment. While camps may sometimes be necessary for purposes of assessment, will the Government ensure that the aim is always settlement or return home so that people do not rot in bad conditions?
Lord Bates
That is a very important point. One of the things that we have done in supporting Greece is to provide DfID aid to ensure that the centres where people’s applications are processed have the type of decent humanitarian care which Europe and this country have a proud record in delivering.
Higher Education: Overseas Students
Lord Hylton Excerpts(8 years, 5 months ago)
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Lord Bates
The noble Lord makes an interesting suggestion about our relations with the Commonwealth. Of course, Australia and Canada also have an attractive offer to international students and, therefore, it would be good to look at forming greater relationships between us. However, the bottom line is that there is no limit on genuine students studying at genuine universities in the UK, nor will there ever be one.
Lord Hylton (CB)
My Lords, is the Minister aware of the difficulties faced by Palestinian students, who first have to go to Jordan to get their visas, which involves passing through many Israeli checkpoints on the way, before paying a large fee? Do the Government already have discretion to waive fees for poor students, particularly for those coming for short visits to take part in a conference or a performance in this country, for example?
Lord Bates
Any plans to change the system on the fees depends on the relationship with the university in the UK. Presumably a relationship can be negotiated on the financial assistance which might be given to such students. Of course it would be entirely open to the universities to make such offers as they wish. However, it is an important part of the verification process to introduce television or visual interviews with students, because that has made a significant improvement in the quality and calibre of the students coming to our institutions.