Foreign Fishermen (Visas)

Baroness Featherstone Excerpts

Wednesday 30th March 2011 Westminster Hall

[The Parliamentary Under-Secretary of State for the Home Department (Lynne Featherstone)]

It is a pleasure to be before you this afternoon, Mr Bayley. I congratulate the hon. Member for Strangford (Jim Shannon) on securing the debate, and on drawing our attention to what is a very important issue in an industry that is very important to the nations represented by Members at the other end of this room. I know that he has tabled many questions, had many meetings, and has an honourable track record in raising the issue of staff who work on these boats, and in presenting the problems that he has encountered.

The fishing industry has had to face many challenges over the years, and those challenges will continue. Non-EEA ship crews travelling to UK ports to join vessels sailing into international waters do not fall within the normal immigration rules. They enter on “to join ship” visas, which allow fresh crews to arrive in the UK and leave on the ship. As many international-going vessels may leave port with no stated destination, awaiting orders to pick up new cargo, “leaving the UK” is defined as sailing beyond the 12-mile territorial limit, and that has been exploited by the fishing industry.

In some instances such exploitation has been permissible when the vessels involved are those that traditionally fish outside the limit—the deep sea fleet. However, inshore fleet vessel owners, who fish within the 12-mile limit, have wrongly taken advantage of the loophole to illegally employ the same cheap foreign labour as their deep sea fleet counterparts, resulting in many of the 1,000 to 1,500 non-EEA fishermen in the UK fishing fleets being employed illegally on very low wages and accommodated in unacceptable conditions while in port. That led to the tragic death of two Filipinos and one Latvian in a fire on a fishing boat in 2008. Although it is right to highlight the pressures on owners in finding crews to operate their vessels, it is simply not acceptable for there to be a race to the bottom, in terms of pay and conditions for those working in the industry.

The previous Government introduced a concession to address the situation with the inshore fleet, agreeing to a quota of up to 1,500 non-renewable fisher visas, to allow the industry time to adjust. There was an 18-month period, which comes to an end in September. Visas were issued on the condition that non-EEA fishermen were paid the minimum wage, and suitable onshore accommodation was provided while they were in port. As has been mentioned, fewer than 70 applications were received before the concession closed, and I note what the hon. Member for Na h-Eileanan an Iar (Mr MacNeil) said about that being due to bureaucracy in the country of origin.

Both Her Majesty’s Government and the Northern Ireland Assembly Government are clear that people who come from overseas to work within UK territorial waters must enjoy the protections of the national minimum wage, and safe and proper accommodation. The minimum level of pay for skilled workers is £20,000. The minimum wage is circa £13,000. From what has been said, the industry believes that £13,000 is too high. In terms of having a certain standard of living and proper accommodation, the view of the Philippines Government in respect—

[Mr MacNeil]

I do not think that anyone is saying that it is too high. What we are saying is that there are a number of jobs on land that depend on these people. I know of some men in the Philippines who have been almost in tears on the phone saying that they cannot go back to Scotland because they missed the date on the paperwork. They have lost quite a lot of money. They have been saving up and sending money to their families. They have missed an opportunity. It is a double hit for individual human beings: the people who work ashore in processing factories when product is not landed, and the individuals in the Philippines who are not getting the standard of employment that they might otherwise get.

[Lynne Featherstone]

I hear what the hon. Gentleman says, and I also heard the hon. Member for Strangford praise the work and the ability of the Filipino workers. I understand that, but it has been said that, were it not for the concession, applications would be made under tier 3 of the points-based system for non-skilled workers. There are high unemployment levels in those areas, and the hope and expectation was that, during the 18-month concession period, work would be done to encourage—

[Mr MacNeil]

rose—

[Lynne Featherstone]

Time is short, and I need to make a bit of progress in addressing some of the points raised.

The hon. Member for Strangford raised the issue of the Home Office fees being set at £1,000. The Home Office visa fees were £470, and the legal fees were a decision for the owners themselves. Holders of concessionary visas are not required to sleep onboard the fishing boats, and should be accommodated safely onshore. The concessionary visas would not be allowed under the points-based system. As I said, they fall under tier 3 for non-skilled workers, which is now closed as a point of entry due to the situation in the local area. The Migration Advisory Committee determines the levels and advises Her Majesty’s Government. If there are skills arguments to be made, as hon. Members know, they must be made to the committee, as fishing and skills are devolved to Northern Ireland and Scotland. One key issue is that unemployment remains high across the United Kingdom and in fishing communities. It is for the industry, not Government, to work with the devolved Administrations to increase local engagement in the industry.

[Mr MacNeil]

Those arguments were outlined by the Minister for Immigration in the previous Government. However, on reflection, he saw that the numbers were small and that the potential loss of employment onshore was great, so he reconsidered and introduced the 18-month intermediate scheme. I make a plea to the Minister to understand that the situation is, unfortunately, still with us. If we lose those men, unemployment on land will increase. As the Member of Parliament for Na h-Eileanan an Iar, the outer Hebrides, I know that it will happen. That is why I make the plea to her to reflect as much, and have as much understanding as the previous Minister for Immigration, who certainly surprised me by changing his opinion remarkably quickly to be practical and sensible. I praise him for that, as I did at the time.

[Lynne Featherstone]

I give way to the hon. Member for Strangford.

[Jim Shannon]

I am conscious of the time. What we have is a skilled work force. We need a concession for them, and we are asking the Minister to use her position within the Department to ensure that we get it. People have tried hard to get workers to take those places. It has not worked, but we have a skilled work force. There is a spin-off onshore. If we do not catch fish at sea, we cannot do further processing on land, and that is what leads to job losses.

[Lynne Featherstone]

In my understanding, the reason that that is not possible is that the work force are designated as non-skilled. I understand what the hon. Gentleman says about the skill of the Filipinos, who are seafaring folk and understand the business, but in terms of the normal visa applications, they would be made under tier 3. The reason that people do not want to do the job is that it is cold, wet and nasty and does not pay brilliantly, not that they cannot learn the skills needed. I assure hon. Members that I am listening to their passionate pleas. I am not standing here like a stone wall; I hear the case being made. Nevertheless, I must push back a bit because of the levels of unemployment in those areas and because there has been the need for a concession.

The UK Border Agency is considering ways to ensure that all UK-based crew, including those whose journeys take them beyond the 12-mile territorial limit but not to foreign ports on a routine basis, will be properly paid and accommodated. Tier 3 of the points-based system for low-skilled labour remains closed, however. As I said, the case for changing that must be made to the Migration Advisory Committee. It is important that that case is made, as the Government can go only so far.

I recognise that the requirements of the concession may have created anomalies between the levels of payment of different fishing fleets and contracted foreign fishing workers working on the same vessels. Foreign fishers have a defined income, as was described, and certainty about income for the period of their contracts, which was obviously a difficulty, but that is coming to an end. The Government’s job—

[Hugh Bayley (in the Chair)]

Order. We must move on to the next debate.