Non-EEA Visas: Inshore Fishing

Angus Brendan MacNeil Excerpts

Tuesday 17th July 2018 Westminster Hall

[Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)]

It is a pleasure to serve under your chairmanship, Mr Betts, and not just on the same football team, which we have done from time to time here in the House of Commons. I congratulate the hon. Member for Moray (Douglas Ross). As we know, he is no stranger to football matches either, because he is our referee and a linesman. He is correct to say that this is a much-needed debate, because we need people, primarily from the Philippines and Ghana, to work in our communities on the west coast of Scotland, as well as other places in Scotland and Northern Ireland. I want those people to come, as do my community, islands, fishermen, processors, bosses and staff. The local council wants them to come, as do development agencies and the Scottish Government. In short, I cannot think of anybody in my community who does not want fishing boats to work with able and skilled fishermen from primarily the Philippines and Ghana, which are non-EEA countries. The men I have met from those countries have been cracking, fantastic people, and we are fortunate that they have chosen to come to our part of the world to work.

About a month or six weeks ago, there was a report on “Channel 4 News”, and Alex Thomson came to my native island, Barra, to do a piece on why fishing boats were tied up. He could see clearly the lack of crew. As he was filming—this was one of the most instructive parts—Donald Joseph MacLean’s phone went off, and it was someone phoning from the Philippines, asking when he could come back. He had worked on Barra before, but he found himself stuck in the Philippines, desperate to return to the Hebrides to work, but he could not. I know of examples of other fishermen who want to return not just to Scalpay and Harris, but to the very boats and fishermen they worked with in the past, yet they are not able to do so.

Families want people to come back. These people are not immigrants; they are migrant workers and there is a huge difference. Their Government want them to come and the Philippine embassy in London wants them to come—I am struggling to think of anybody who does not want them to come. Indeed, these workers are much needed. The underlying case in our communities is that families are smaller. Thirty or 40 years ago, when I was a youngster, I was in a family of three and we were a small family. All the families I went to school with had six or eight children; one family had 14 children, and 10 or 12 was not uncommon. Now families have two or three children, and employment in my constituency is about half the UK average. When young people are trained, they usually do well in school and then go off elsewhere. Young people who get a start on fishing boats soon find themselves with capable handlers. They get a plethora of opportunities elsewhere, and they leave the fishing boats stuck without crew.

In many ways we are a victim of our own success, but unfortunately fishermen and fishing boats are at the bottom end of the pecking order. It is annoying that those boats are often tied up, as they are also the lifeblood of the communities that have enabled so many of us to put down an anchor. That situation of success is causing the current problems for fishing boats.

We need fishermen for the safety reasons outlined by the hon. Member for Moray. Imagine single-handedly taking a boat over 24 hours from the east coast of Scotland to Shetland. There are a number of reasons why, ideally, we do not want anyone to do such a job, but we need people with those skills. Despite what the Migration Advisory Committee says, these are skilled jobs. I will not go out on a fishing boat this summer to do a job that I know people from Ghana and the Philippines can do, and neither will the hon. Gentleman or the Minister for Security and Economic Crime. That is a fact of life.

Given all I have said, and the welcome that we wish to give people who come to the islands, the problem is simply down to a person in London saying, “No”. I have dealt with six or seven Immigration Ministers as, I am sure, has the right hon. Member for Orkney and Shetland (Mr Carmichael)—the rueful grimace on his face indicates that he has had much the same experience over the years. When the right hon. Member for Ashford (Damian Green) was Immigration Minister, he was not afraid to make things happen, but now what is the fear? The fear is Daily Mail politics. I gave one Immigration Minister an article from The Mail on Sunday that supported the rights of these fishermen to come here, and the tension almost eased from his face. Unfortunately, for far too long this Government have been led by nasty treatment and thoughts towards migrants, which is costing our economies badly.

I encourage the Security Minister, and the Immigration Minister, to realise that they have many allies in this matter, and they should not be afraid of newspapers, or whatever, that might misconstrue what is going on. I will stand full square by the Minister, and if he manages to get a change today, he will find that the first press release will be mine, praising him for his courage in bringing about that much-needed change.

[John Lamont (Berwickshire, Roxburgh and Selkirk) (Con)]

Immigration targets are important and the Government are right to have them, but does the hon. Gentleman agree that in this case the numbers involved are so small that the Government could make a sensible change without it affecting the overall target?

[Angus Brendan MacNeil]

The hon. Gentleman is on the path to righteousness—he is quite right. However, we can go a step further. I raised that point at the Home Office, and I was told, “Oh well Angus, it’s very easy for you to say that, but we’ve got our manifesto in one hand and the economy in the other hand”. I said, “It’s a no brainer; choose the economy”—they have ditched the rest of the manifesto anyway, as we have seen over the past couple of months. In reality, migrant workers come for 10 months and they do not affect the stats—the hon. Member for Banff and Buchan (David Duguid) knows that as well and he is nodding. This situation goes beyond worries about stats—I think those stats are spurious anyway, and they have led to many erroneous decisions—because we have a clear economic case. Let us get those people in, and get them fishing.

[David Duguid (Banff and Buchan) (Con)]

The hon. Gentleman has touched on this point, but it is worth re-emphasising. These migrant workers are just that—they are not looking to come to the UK and settle. They want to go home to their families back in the Philippines, Sri Lanka and Ghana, and we must make that clear distinction.

[Angus Brendan MacNeil]

The hon. Gentleman is absolutely right. I cannot understand what people prefer about the sunny Philippines when they could be living on a fishing boat in the rain on the windy west coast of Scotland or Northern Ireland, but that is just me.

The Home Office also mentioned welfare, but I would argue that welfare is far better on the west coast of Scotland and Northern Ireland, where boats go home each night. If the Government are that concerned about welfare, they should check every boat outside the 12-mile limit. As the hon. Member for Moray said, those boats are fishing 92 hours on the trot, and giving people perhaps four hours off. We do not know what is happening on those boats. People are illegally working because they are outside the 12-mile limit. Just about the entire west coast of Scotland is inside the 12-mile limit, even though the waters go further than 12 miles. That is a good thing, and we welcomed it when it happened, because we kept those waters for our own boats on the west coast. Now we have been snookered by the Government in London and the Home Office, which are focusing on security rather than the economy. With the greatest respect to the Minister, it is instructive that they have sent the Minister for Security to deal with this immigration matter, and that will annoy many people.

[The Minister for Security and Economic Crime (Mr Ben Wallace)]

With respect to the hon. Gentleman, I know he is a decent fellow but that is a slightly cheap point. I am here because the Immigration Minister is currently giving evidence to a Select Committee. She responded to the almost identical debate last week, but she cannot be in two places at once. She is incredibly happy to engage with all Members on this subject, and no discourtesy is intended by sending the Minister for Security to respond to the debate. The Immigration Minister cannot be in two places at once—the hon. Gentleman might like to make politics out of that, but it is a simple fact.

[Angus Brendan MacNeil]

The politics to be made out of it are in the way the Home Office does not see the economy and its needs, but sees migration as a security issue. Migration should be seen as beneficial to the economy. The Security Minister being sent to the debate is a totemic point that says it all about our dealings with the Home Office in recent years. I must be straight with the Minister about it. He is a decent fellow and probably means well, but he wears a particular Government hat and it does not help that the Security Minister is here.

The case has been made time and again by all of us—for the economy, jobs and the vibrancy of communities. The matter is a competency of the UK Government. We need them to act; it is their responsibility. They guard the power jealously and will not devolve it. We are not like Switzerland where 26 cantons hold half the visas. Everything is held centrally and it is the Government’s responsibility. The Republic of Ireland has an advantage, as the hon. Member for Strangford (Jim Shannon) has told me, because it can get fishermen in when it wants.

I am not sure how much progress we will get today but I make a plea to the UK Government, whose responsibility it is—the European Union is not to blame—to move. I am able to put things more strongly than Conservative Members from Scotland, although I am sure they feel the same frustrations. The UK Government—in particular the Home Office—must move, get on with the day job and get it done, so that fishing boats can go out and get on with their day job. The Minister may be smiling, but it is vital for people that the boats get to sea, the fish are caught, and jobs and the economy get going as a result. People in my constituency are frustrated, and I hope that I convey half their anger today. We need the pen to be lifted at the Home Office, to get the boats working and the people in question into the country.

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[Jim Shannon]

I agree wholeheartedly with my hon. Friend and colleague. To reiterate the comments of the hon. Member for Na h-Eileanan an Iar (Angus Brendan MacNeil), I must say that the hon. Members here who met the Minister are united on the simplicity of what we are asking for. It cannot be any more graphic or easily put together than it is.

[Angus Brendan MacNeil]

The hon. Gentleman is putting the case a lot more calmly than I did, because I am so frustrated by this. Was his heart lifted when he saw a few weeks ago, when the new Home Secretary came in, that the Financial Times raised the issue of doctors and nurses on the Monday and, by Friday, the pen was lifted and it was sorted out? It is as easy as, “Lift the pen. Sort it out, Home Secretary.”

[Jim Shannon]

I thank the hon. Gentleman for his intervention. It is that simple. If we have a willingness to do it, let us just do it. We do it for the right reasons—not just because it feels good but because it helps the industry, as those of us who represent fishing villages know. My local fishermen cannot speak highly enough of the ability and work ethic of those from the Philippines, and yet they have been prevented from utilising people who, while they may not be highly skilled on paper with degrees and letters after their name, undoubtedly have the ability and fitness for purpose that is needed.

I often quote my mother in this House. I do so because she is a very wise woman, not because she is my mother and I am her son. She is very wise. My mum often says, “Letters after your name don’t mean anything to someone whose house is flooded and needs a plumber.” Letters do not mean anything in that trade; experience and know-how do. Fishing is the same. Degrees will not be able to read the sea or the sky, but experience will. A degree does not tell someone how to catch fish, to follow fish on a boat or to stand without falling over. This is one of the most dangerous jobs in the world, and we need the people to do it.

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[Deidre Brock (Edinburgh North and Leith) (SNP)]

It is a pleasure to serve under your chairship, Mr Betts. I commend the hon. Member for Moray (Douglas Ross) for bringing this important debate. I will mention a few points raised by him and by other hon. Members.

The hon. Gentleman highlighted the concerns he had received directly from fishermen. Those personal testimonies and experiences illustrate for us—better than the very good briefings we have received on this matter—the precise nature of the problems, including the Government’s policy on the 12-mile limit and their attitude to migration. I will come on to that later. The fishermen also called for the more customised approach for which the Scottish Government have also called for some time.

My hon. Friend the Member for Na h-Eileanan an Iar (Angus Brendan MacNeil) is an excellent constituency MP, and he spoke with his usual passion on how much support there is across the board for non-EEA workers coming here, and of their being in many ways the lifeblood of fishing communities up and down the coast. He also mentioned how many allies the proposal has, and insisted that the UK Government begin to act on it.

The hon. Member for Ayr, Carrick and Cumnock (Bill Grant) highlighted the difficulties that the industry has experienced in recent years in attracting local youngsters to the profession. The hon. Member for Strangford (Jim Shannon) gave us the Northern Irish perspective, as always, but also a personal viewpoint, given his family associations with the industry. He called for the UK Government to acknowledge the industry’s simple point: that it needs people who can do the job now, not in 10 years’ time. He also said that all in the UK are on the same hymn sheet.

However, it is worth remembering that Ireland is a part of the British Isles, and because of its independence it can in many ways make better choices specific to its own requirements; that contrasts with the situation that we are discussing, in which it seems that one size fits all. As I said, that is worth remembering. The hon. Members for Angus (Kirstene Hair) and for Banff and Buchan (David Duguid) reminded us of the UK Government’s role, still, in turning on and off the tap of this vital labour source for Scotland and other parts of the United Kingdom and Great Britain without due regard for the devastating impact on small coastal communities.

It is very good to see cross-party consensus on the need for concessions on visas for non-EU crew to keep our fishing fleets safely on the seas. A sticking plaster over a rotten immigration policy it may be, but it is a much-needed one. My hon. Friend the Member for Na h-Eileanan an Iar, along with others in this place, has been championing this cause for some time, and it is good to see more recognition now of the absurdity of boats being tied up for lack of crew when people are available to do the job.

One of the things that sticks in my craw most about the rules on transit visas is that they squeeze hardest the smaller boats—those with one or two crew members, fishing daily from local ports. They struggle the most when staff are hard to find. The recent fishing White Paper said that the Government would encourage growth in the small boat sector. If they mean what they say for once, fixing this issue would be a good start.

I hope that the Security Minister and, through him, the Immigration Minister will reflect on the strength of the evidence that has already been presented and the importance of the fishing industry to Scotland and will act with greater urgency than they have indicated they are willing to do so far. It is clear from the figures that we have heard how dependent the whole industry is on non-EEA staff, so concessions should be the easiest decision that they have ever made. There are precedents: the offshore wind farm sector has a concession to allow non-EEA crew to operate inside 12 miles.

There is surely no need to wait for the autumn report from the Migration Advisory Committee, particularly as the MAC does not seem to be flexible itself when it comes to recognising shortage occupations and sectoral needs in Scotland. The issue seems to be that deckhands are not regarded as skilled by the great and the good who decide such things. I suggest to anyone who defines being a member of a fishing crew as unskilled work that they take time out this summer and get some work experience on a Scottish fishing vessel. When they have successfully mended a torn net in the face of a howling storm, they can come back to us and tell us that it is unskilled.

Fishing is not an industry that easily fits into a tick-box system for staff, but it clearly takes unique skills, experience and a certain type of character to do this job. The Scottish White Fish Producers Association, which knows a bit more about it than we do in this place, identified the need to recruit fishermen from outside the EU and found a similar skillset in fishermen from the Philippines, Sri Lanka and Indonesia. Skilled fishermen who are willing to leave their families and come to do a tough job over here should be welcomed and given all the rights and protections of our EU workers.

[Angus Brendan MacNeil]

My hon. Friend is summing up the debate fantastically well. I want to reiterate that I have prepared a press release into which I will insert the name of the Minister who lifts the pen and makes the change, with high praise. I hope that a Government who need some good news will at least grasp this one little straw and ensure that what we have asked for happens, and this summer. This is not a question of reports; we know what the arguments are. It has just got to happen.

[Deidre Brock]

I absolutely agree. I certainly hope that something will happen along those lines, although I remind my hon. Friend that last November the then Immigration Minister, now the Minister without Portfolio, promised to look into the possibility of running a pilot scheme in which seasonal workers coming from non-EEA countries could work for nine months to help the fishing industry on the west coast of Scotland. As of yet, I think, we have heard nothing further about that proposal.

[Angus Brendan MacNeil]

I do not know how many Immigration Ministers we have dealt with and had this same discussion with. We have to educate them, tell them, inform them—whatever. We get the promise of jam tomorrow, and before we know what is happening, they have been promoted, sacked, moved on or whatever and we are dealing with another one. It is groundhog day on this issue with each and every different Immigration Minister; and in a few months’ time, given the rate of attrition in this Government, we will probably have someone else again.

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[Afzal Khan (Manchester, Gorton) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Betts. I, too, congratulate the hon. Member for Moray (Douglas Ross) on securing the debate.

Fishing is an economically as well as culturally important sector for the UK. The UK fishing industry employs approximately 12,000 people, of whom an estimated 20% are non-EU migrants. As demonstrated by the passionate speeches in this debate, the sector faces an acute labour shortage. This is a common thread in a number of sectors: agriculture, care work, hospitality and the NHS are all already suffering from labour shortages. The net migration target, delays in the immigration Bill and lack of clarity in the Brexit White Paper all contribute to uncertainty and potential exploitation in these areas. The Government must get past Cabinet infighting on Brexit and provide these vital sectors with clarity and security for the future.

For the last eight years, the Government’s migration policy has been driven by a wrong-headed net migration target. Reducing numbers is put ahead of the concerns of business and our economy. Fishing is a prime example of a sector that has suffered under this target. The Home Affairs Committee found that the net migration target undermines public confidence,

“because it acted as a quarterly reminder that the Government was unable to control immigration in the way it had promised.”

As the Institute of Directors and many other business groups have pointed out, it is a completely random number, plucked out of thin air because it sounds good, absent of any understanding of the needs of our economy. Recent concerns around the quality of data underlying the target should be the final nail in the coffin for the net migration target. With such serious doubts around the data underlying these net migration figures, an immigration policy that drives only towards reducing the net migration numbers is impossible to defend.

The immigration Bill that was originally promised last year has been pushed back to the autumn, brought forward to this side of the recess and pushed back again to the end of this year. The Government have been saying for months that all migration concerns will be addressed by the Migration Advisory Committee’s report. I found it astounding that the Government do not feel the pressing need to address this issue. While there are, of course, concerns about migration post Brexit, a number of sectors, such as inshore fishing, are suffering labour shortages now, even with access to the free movement of labour. These sectors cannot wait for the vague promises of clarity in the MAC report in September. The MAC’s remit is broad. There is no guarantee for fishing, agriculture or any other sector.

[Angus Brendan MacNeil]

The hon. Gentleman is absolutely correct: we cannot wait until September for that. Although some of the newspapers might not be here, this debate is being watched outside. I have just received a message from my constituent. Christina MacNeil said:

“Surely this will be resolved as soon as possible—it’s not rocket science to see the benefits that will be gained.”

I thank the hon. Gentleman for making that point.

[Afzal Khan]

I agree with that comment. The sectors that are suffering will be central to the MAC’s recommendations. Even if they are, we will have to wait for a Government response and it will take time to implement whatever the proposed scheme turns out to be. The Brexit White Paper published last week contained only 20 paragraphs on immigration. They are very narrow. There is no mention of what the proposals will be for low-paid, so-called low-skilled workers, often found in the inshore fishing industry. At this point, there is no time for the Government to bring an immigration Bill before the recess. I hope that when we come back in September they will move quickly to provide clarity and reassurance to sectors already suffering from shortages.

I would like to address briefly the risk of exploitation in this sector. In the last 10 years, deeply concerning reports of slavery and human trafficking aboard British fishing ships have come to public attention. Isolated working combined with poor regulations makes fishing workers particularly vulnerable to abuse. Remedies are often out of reach. Living conditions are often poor. Many migrant workers live aboard their vessels while in port. These vessels are not designed for long-term living. This sector is already hard to regulate. Certain visa arrangements are leaving workers at a higher risk of exploitation. The current transit visa system and 12-nautical-mile exemption leave loopholes open for exploitation. Without the opportunity to build a network in the UK, workers are less resilient. It is vital that whatever scheme we end up with, workers are not tied to their employers in the way that we have seen with domestic workers.

The Gangmasters and Labour Abuse Authority has done good work in the area of labour inspection and enforcement, but its remit is very narrow, covering only food processing, agriculture, horticulture and shellfish gathering. The UK’s enforcement model is complex and confusing. A number of different bodies are responsible for different parts of the labour market. According to Focus on Labour Exploitation, the UK has one of the poorest-resourced labour inspectorates in Europe. The International Labour Organization recommends a target of one inspector per 10,000 workers. The UK falls well below that target, with one inspector for every 25,000 workers.

It is vital that proactive inspection efforts are increased as we leave the EU and new opportunities for exploitation arise. Self-identification among victims of exploitation is low. The most vulnerable to abuse are the least likely to come forward. This includes migrants, who, faced with a hostile environment, are fearful about their immigration status and potential immigration repercussions for them coming forward.

In conclusion, the Government’s migration policies have, so far, been driven by the net migration target and Tory infighting on Brexit. The inshore fishing sector provides stark illustration of the damage of this approach. The Government have again delayed the immigration White Paper. Sectors such as fishing cannot wait another year for clarity on their future workforce. The Government must get on with announcing their future migration policy and ensure that it provides adequate protection for vulnerable workers.

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[The Minister for Security and Economic Crime (Mr Ben Wallace)]

Thank you, Mr Betts; it is a pleasure to serve under your chairmanship. I congratulate my hon. Friend the Member for Moray (Douglas Ross) on securing this debate. I noted earlier the point made by the hon. Member for Na h-Eileanan an Iar (Angus Brendan MacNeil) about the Security Minister answering the debate. The Home Office means no discourtesy by asking me to answer the debate. The Minister for Immigration, my right hon. Friend the Member for Romsey and Southampton North (Caroline Nokes) is attending Cabinet—not a Select Committee, and she answered a debate here only last week. She will always be available to do it.

I think they probably sent me, the Security Minister, because I represented north-east Scotland in the Scottish Parliament a long time ago. I have many fond memories—

[Angus Brendan MacNeil]

Will the Minister give way?

[Mr Wallace]

No, we do not have time. I am afraid the hon. Gentleman’s Front-Bench spokesperson spoke for way longer than the other two so the Scottish National party has used up most of its time already.

I lived in Donside, with an office in Stonehaven, and have fond memories of meeting with the Scottish Fishermen’s Federation, the Scottish White Fish Producers Association and the Scottish Pelagic Fishermen’s Association. I remember learning the differences between pelagic and demersal fish and so on. I have some experience. Indeed, I sat on the European committee and looked at reform of the Scottish fisheries policy when I was in the Scottish Parliament. At that time, the hon. Member for Na h-Eileanan an Iar was probably down here in Westminster. That may be why they sent the Security Minister; he has some experience and knowledge of those things. My grandmother’s family actually hails from Keith in Moray. A large part of my family, on both sides, are from Keith and Aberdeenshire. They were Unionists, I hasten to add, and still are.

I have listened carefully to the points that were made by all hon. Members and have noted the many concerns. It is tempting, as the Security Minister, to ensure that the Immigration Minister always attends these debates by simply going off script and just giving a commitment—I guarantee they will never ask me again.

I hear the strength of feeling, which is cross-party and deeply felt. When there is a skills shortage, whether in agriculture, fisheries or aerospace—which employs 6,000 workers in my constituency—it is incredibly important that skills requirements are met. Skills are like oxygen to an industry. We can debate regulation and tax, but skills are needed. That is not to say that we have to let employers off the hook for investment in their workforce. We should bear it in mind that while we remain members of the EU, we have a pool of 500 million people to recruit from. Youth unemployment in other fishing countries, such as Spain and Greece, is well over 30% or even 40%. It is interesting that we have been unable to recruit people from those countries. Employers have to ask themselves about wage rates and the Government have to ask themselves how we can do more to recruit people.