Modern Slavery Bill

Baroness Garden of Frognal Excerpts

Monday 1st December 2014 Lords Chamber

[The Earl of Sandwich (CB)]

My Lords, I have been trying to think of the adjectives that would best describe my noble friend’s amendment, and I have come up with “reasonable”, “ingenious” and “brave”. It is reasonable because we all feel indignation about this issue; there is no question about that. It is ingenious because I think my noble friend is anticipating the result of Amendment 94. We must not be drawn into that today, but it will be interesting to see whether this presents a way out for the Minister in relation to Amendment 94; I hope it does not. The amendment is brave because my noble friend is trying to tackle the question of diplomatic immunity. I think that the Government would like to do that on many fronts at the moment. My noble friend is to be commended.

Finally, I have to say that the Bill does nothing to release domestic servants from their bondage. They are, fundamentally, in this Bill, so I do not know—the Minister may like to reflect on this—why this category has somehow been left out or gone unnoticed. We will wait and see how the Bill can correct the situation at a later stage—but this amendment is a very clever alternative.

[Baroness Garden of Frognal (LD)]

My Lords, I am grateful to the noble Lord for tabling these amendments, and I echo the comments about his distinguished record on such matters. I thank, too, the noble Lords, Lord Rosser and Lord Alton, my noble friend Lady Hamwee and the noble Earl, Lord Sandwich, for their comments.

These amendments raise the important issues of ensuring equal access to employment tribunals, and of diplomatic and state immunity, with particular reference to overseas domestic workers. I welcome the opportunity to reaffirm the Government’s commitment to protecting individuals who have come to work in the UK as overseas domestic workers—or indeed in any other capacity —who, while they are here, are subjected to abuse. I know that Members of the Committee feel strongly about this. The Government share the commitment to ensure that no individual in this country is subjected to abuse and exploitation.

Holding anyone in modern slavery is totally unacceptable. Overseas domestic workers, like anyone else, deserve protection from modern slavery, as well as support and help if abuse takes place. The Government intend that the Bill should give that protection to all victims, regardless of who they are, why they are in the UK and for whom they are working. This intention must none the less take account of this country’s existing international obligations, and I will address the point concerning immunity in a moment.

The Committee will wish to know that overseas domestic workers, in common with any other employee in the UK—irrespective of whether they can switch employers or not—already have the right to access employment tribunals and the courts, where the tribunal or the court has jurisdiction.

Perhaps I may turn to the new clauses tabled by the noble Lord. Amendment 28 would create an offence where a person whose visa restricts them to a single employer is not permitted to access an employment tribunal. Employees and workers in this country, including people from overseas who are working legally in Great Britain, are entitled to the rights and protections of our employment law. If those rights are breached, the individual can bring a claim to the employment tribunal. Access to employment tribunals is a matter of law and it is for the tribunal to decide whether it has jurisdiction. An employer therefore cannot dictate whether someone working for them can bring a claim, as this is not in the employer’s control. They also cannot decide when the tribunal has jurisdiction to process the claim, so the offence created by Amendment 28 is unnecessary and would have no impact on employers. Where diplomatic or state immunity applies, this operates in relation to the offence, so it would also have no effect.

The Government take seriously the ability of individuals to access the justice to which they are entitled and fully support the aims that the noble Lord is trying to achieve. I can reassure the Committee that the current system of dealing with complaints in relation to employment rights is generally available to those legally working in the country. Noble Lords may be interested to know that we are currently trialling a system at Heathrow Terminal 5 whereby employees are handed a card about knowing their rights, and with numbers to call. We shall be monitoring how helpful and effective the trial proves to be.

The effect of Amendment 95 would be to disapply state immunity in respect of the enforcement of judgments against diplomatic missions where the judgment is made under the proposed Act. I noted the noble Earl’s comment that the words, “reasonable”, “ingenious” and “brave”, might be applied to this amendment. Immunity from jurisdiction is a well established principle of customary international law. The fact that this is a principle of customary international law means that the UK is bound by it. The aim of the amendment appears to be to remove in certain circumstances the immunity from enforcement jurisdiction. This could put the UK in breach of international law, and I do not believe that that is the intention of the noble Lord. The Committee will understand the need carefully to consider the implications of this amendment.

It may be helpful to explain the role that diplomatic immunity plays in cases of alleged mistreatment of overseas domestic workers and the measures that are in place to deal with such allegations. Diplomatic immunity is an important part of a package of principles within the Vienna Convention on Diplomatic Relations that are designed not to benefit individuals, but rather to ensure the efficient performance of the functions of diplomatic missions. They provide diplomats with necessary protections from the authorities in the receiving state to enable them to carry out their functions effectively. They work on the basis of reciprocity, and if UK diplomats are to be protected overseas, it is important that the UK respects the law of immunity as regards diplomats serving here. The Vienna Convention on Diplomatic Relations requires all diplomats to respect the laws and regulations of the receiving state. This applies to the terms and conditions of employment for all domestic staff, which employers have to agree with their workers in accordance with a prescribed template before the worker applies for an overseas domestic worker visa to come to the UK.

The Foreign and Commonwealth Office treats any allegation of mistreatment of domestic workers in diplomatic households very seriously. Few such allegations are brought to the FCO’s attention by the police, and when they are, the FCO liaises as necessary with the relevant diplomatic mission, UK Visas and Immigration and the UK Border Force to work for an appropriate response. If an allegation of mistreatment requires further investigation by the police, the FCO will request from the diplomatic mission concerned on behalf of the police a waiver of the diplomat’s immunity, and failure to provide a waiver may result in the FCO demanding the immediate withdrawal of the diplomat. It is not appropriate to seek to impede the operation of or amend the State Immunity Act 1978 or the Diplomatic Privileges Act 1964 through the creation of criminal offences or exceptions in the Modern Slavery Bill without reference to the underlying legal obligations they reflect.

Overseas domestic workers should feel confident that if they are abused while they are in the UK, they can come to the authorities and will be treated and supported as victims. However, I do not believe that these amendments would add to the existing protections, or that they are appropriate having regard to our existing international obligations. I am confident that the current legislation covering employment, the measures in this Bill and the measures the Government are looking at to enhance protections for overseas domestic workers represent the best way of tackling any abuse of such workers. We are working to see that they are implemented. Given this response, I hope that the noble Lord will feel free to withdraw his amendment.

[Lord Hylton]

My Lords, I am extremely grateful to the four noble Lords who have spoken in favour of my first and, to some extent, the second amendment. I think I can reasonably claim that Amendment 28 has received support from all around the Committee. I was glad to hear from the Government that they believe that overseas domestic workers on short-term visas deserve protection. However, I fail to see how the Bill increases any protection, which at the moment is to a very large extent lacking. Will Clause 3(2) give additional grounds for prosecuting those who exploit and abuse their domestic staff?

Further to that, the noble Baroness referred to the card that is supposed to be given to overseas domestic workers before they leave a foreign country to come here. While that may be helpful to some extent, particularly if the card spells out what the minimum wage levels are in this country, it would be stronger still if a model contract was in existence. This is a point on which I have already written to the noble Lord, Lord Bates. A model contract would give both the employer and the employee a much better idea of what we expect to happen when they both come to Britain.

If the Government could give me some encouragement that it would be possible to have a meeting on these subjects between now and Report, I would be somewhat readier and more willing to withdraw the amendment.

[Baroness Garden of Frognal]

Perhaps I may say to the noble Lord that, yes, indeed, a further meeting would certainly be possible. The card that is handed out states what the minimum wage should be and that workers should have a written contract of terms and conditions. Moreover, there are emergency numbers that can be called. These are elements of information which should be helpful, but obviously the question then is getting workers themselves into a position where they are able to access and implement the information.

[Lord Hylton]

My Lords, it would be a great help to everyone concerned if there could be a model contract, but with the encouragement I have been given by the Government, I beg leave to withdraw the amendment.