Modern Slavery Bill

Debate between Lord Hylton and Lord Rosser

Wednesday 10th December 2014 Lords Chamber

[Lord Hylton]

My Lords, I happen to have been involved with this situation, which allows serious abuses of incoming domestic workers to happen, since the early 1990s. I have never known such universal support for the need for a reform as we have heard today. I leave it at that.

[Lord Rosser]

My Lords, the name of my noble friend Lady Royall of Blaisdon is attached to this amendment. I certainly do not wish to speak at any length, because the arguments have already been made, but I shall reiterate one or two things. Under the tied visa system, introduced in the changes in 2012 to the Immigration Rules, overseas domestic workers who are being exploited no longer have the option of seeking other employment to get away from an employer who is exploiting them since they are tied to their employer for a non-renewable period of six months. Under the tied visa system, people who are being exploited are normally not willing to go to the relevant authorities because they fear that, if they leave their employer, the outcome will be that they will be deported as an immigration offender. If they are being paid anything at all—evidence suggests that more than 60% may not be—they will lose what may be a source of income being sent to support dependants in their own country.

One would have thought that the Government would have wanted to abolish the current tied visa system for overseas domestic workers, since tying migrant domestic workers to their employer institutionalises their abuse, as has been said already, and precludes acting decisively to protect victims of modern slavery. Of course, as also has already been said, it is unrealistic for such domestic workers to take any kind of legal action against an employer who potentially has trafficked them, exploited them and denied them their most basic rights while still living in the home of their employer.

The impact assessment that accompanied the 2012 changes stated that the ability of these workers—that is, overseas domestic workers—to change employer and access the UK labour market was,

“contrary to general Government policy on low skilled migration”.

However, the impact assessment also acknowledged the,

“vulnerability to abuse and exploitation”,

of these workers. I do not know whether the Government’s resistance to date to going down the road of this amendment is related, in the light of that comment in the 2012 impact assessment, to a view that it would lead to an increase in immigration. Perhaps the noble Baroness could say what, if any, increase in immigration the Government believe there would be if the amendment that we are debating is adopted. Reversing the 2012 changes for the overseas domestic worker visa would, at the very least, allow organisations and agencies to remove a worker from an abusive employment situation immediately. It also would enable the abuse to be reported to the police without fear that the victim would be deported as a result and that, in turn, would facilitate the prosecution of modern slavery offences, which, surely, is the purpose of the Bill we are now discussing. I hope that, in responding, the Minister will take account of what has been said far more eloquently than I can manage by so many of your Lordships in this Committee today.

Modern Slavery Bill

Debate between Lord Hylton and Lord Rosser

Monday 1st December 2014 Lords Chamber

[Lord Hylton]

My Lords, I foresee that the Government may say that my noble friend’s Amendment 32 is too prescriptive, and that Amendment 33, tabled by the noble Lord, Lord Warner, is only consultative. I hope that they will not dismiss both of them on those kinds of grounds. It would be very helpful if they said to what extent they accept the principle behind them. While doing so, perhaps they could also say how the present law on criminal compensation could interact with these ideas.

[Lord Rosser]

My Lords, I will be brief in view of the time. It is vital that those who profit from modern slavery crime should know that their ill gotten gains can and will be confiscated, by extending Schedule 2 of the Proceeds of Crime Act 2002 to these serious offences. However, my noble friend Lord Warner has made the case for his amendment, with which I am associated, and for the consultation on a number of questions for which it provides, in the light of the weaknesses in the present arrangements. I will not go into those weaknesses; they were highlighted by my noble friend Lady Smith of Basildon during the debates on the Serious Crime Bill.

Victims of modern slavery should be compensated, but, as my noble friend Lord Warner said, money cannot go to victims if we are not recovering it from the perpetrators of the crimes. We need to strengthen and improve the present legal framework on the recovery of assets and the use of property derived from the proceeds of these crimes. This amendment, with which I am associated, provides for a consultation by the Secretary of State to do just this. I hope that the Government will feel able to give a favourable response.

Immigration Bill

Debate between Lord Hylton and Lord Rosser

Tuesday 1st April 2014 Lords Chamber

[Lord Rosser (Lab)]

My Lords, we will listen with interest to the Minister’s response to my noble friend Lord Judd’s amendments, which he put across with the decency and humanity we all associate with him. The government amendments make concessions on a number of issues, which we and others, and the Joint Committee on Human Rights and the Delegated Powers and Regulatory Reform Committee, have made during the passage of this Bill through both Houses. The Minister has indicated the purpose of the government amendments, one of which seeks to make clear that all family members will be given prior notice of their liability for removal. Will the Minister confirm the position on the minimum period of prior notice that will be given in that instance?

Clause 1 provides a power for the Secretary of State or an immigration officer to authorise the removal of a person who,

“requires leave to enter or remain in the United Kingdom but does not have it”,

or their family members as well. Subsection (6) provides a power for the Secretary of State to make regulations regarding,

“the removal of family members”.

As we know, the Government’s stance up to now, which continues to be the case, is that the regulations would be made by statutory instrument but that they would be subject to the negative procedure. We remain of the view that the affirmative procedure is justified. We are disappointed that the regulations under what will become Section 10(6) of the Immigration and Asylum Act 1999 will not be subject to the affirmative procedure.

I was going to go on to refer to the comments made by the Delegated Powers and Regulatory Reform Committee in its latest report, which was published yesterday. The report reiterated the committee’s view that the power should be subject to the affirmative procedure. The Minister, probably with a view to seeking to address the concerns expressed by the Delegated Powers and Regulatory Reform Committee, has indicated that the Government will be bringing forward, if I understood him correctly, an amendment at Third Reading. He mentioned that it would address the concern that the committee had over the words “in particular”, which the committee commented on in its report. I assume that the amendment that the Government will put down at Third Reading will seek to address the concern expressed by the committee.

For our part, we want to see what that amendment is before making up our minds about whether we find it acceptable or not. Certainly, our position is that the regulations ought to be subject to the affirmative procedure for the kinds of reasons that were given by the Delegated Powers Committee, but we will see what the Government’s amendment says and whether that addresses the concerns that we too have on that particular issue.

[Lord Hylton (CB)]

My Lords, I welcome the Government’s amendment as far as it goes and what may be coming at Third Reading. The Government’s amendments bear witness to the good intentions of the noble Lord, Lord Taylor, which he has shown in the numerous letters and briefings that he has sent out as this Bill has moved through the House. However, in Clause 5, the Government seem to be kinder and provide greater protection for children newly arriving in this country compared with children who are already here. That is why I welcome Amendments 5 and 8 in the name of the noble Lord, Lord Judd, because they are very clear and give us the certainty that we need. I hope that your Lordships will accept them.

UK Borders Act 2007 (Commencement No. 7 and Transitional Provisions) Order 2011

Debate between Lord Hylton and Lord Rosser

Thursday 7th July 2011 Lords Chamber

[Lord Hylton]

My Lords, the noble Lord, Lord Avebury, made a very strong case, and we are all grateful to him. I will ask one question. Will the Minister tell the House how many appeals were still pending on 23 May of this year? That would be very helpful in indicating the scale of the problem.

[Lord Rosser]

My Lords, I, too, thank the noble Lord, Lord Avebury, for tabling this Motion of Regret and enabling us to probe the reasons for the Government’s actions in relation to the retrospective effect of this commencement order, which brings into force Section 85A of the Nationality, Immigration and Asylum Act 2002, inserted by Section 19 of the UK Borders Act 2007. The noble Lord, Lord Avebury, explained in some detail the background and significance of Section 19 of the 2007 Act. I do not intend to repeat all the ground that he covered, although inevitably there will be some repetition, for which I apologise.

The noble Lord raised the issue of the retrospective effect of the commencement order and, as a result, its legality. Section 19 is entitled “Points-based application: no new evidence on appeal”—which is exactly what it is about. As the noble Lord said, in immigration cases the general rule is that immigration tribunals can consider any evidence that is relevant to the substance of the UK Border Agency’s decision, including evidence from after the date of the decision.

An exception to this is entry clearance applications, and Section 19 makes provision for a new exception; namely, points-based-system cases which relate to cases about people coming to or remaining in the UK for the purposes of work and study.