Nationality and Borders Bill

Baroness Williams of Trafford Excerpts

Lords Hansard - Part 2 & Committee stage
Thursday 10th February 2022 Lords Chamber

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, I thank all noble Lords who have spoken in this debate. I thought it might be helpful to slightly unpick the two types of workers—the difference between domestic workers in households and those who work for UK-based diplomats. Obviously they are different groups with different needs, the latter being served by the temporary worker international agreement route, which permits dependants. This is not the only aspect of our domestic immigration system that already provides what the amendment proposes. Both groups of workers are free to change employers; in fact, our existing arrangements already go further than the amendment proposes, and I will outline why.

We do not expect domestic workers to register with the Home Office because we want a worker to be able to leave as soon as their mind is made up to do so, so we must avoid anything that may act as a barrier to exercising that right. Imposing an extra condition now risks undermining changes that have been made for the better. We have already made provisions under which both groups of domestic worker can obtain a two-year extension of stay if they are found to be a victim of modern slavery. I think these arrangements strike the right balance, ensuring that those who find themselves in an abusive employment situation are able to escape it by, first, finding alternative employment and, secondly, encouraging them to report that abuse through the appropriate mechanism.

On the point made by the noble Baroness, Lady Lister, on overseas domestic workers who are not slavery victims, very similar to the case that she has pointed out, but are actually exploited, the Immigration Rules are deliberately designed to prevent the importation of exploitive practices—for example, they set out that they should be paid the national minimum wage. I hope that helps on her point. I appreciate that the case she outlined seemingly falls between the cracks, but the Immigration Rules are very clear on that.

[Baroness Lister of Burtersett (Lab)]

The fact is that I do not think it is an unusual case; I asked Kalayaan for a recent case study and that is what it came up with. The Immigration Rules are not working in that respect. We have overseas domestic workers who are being exploited but, even when they are referred to the NRM, are told that it is not slavery or trafficking. Would the Minister be willing to look at that again? There is a problem, as she put it, of some people falling through the cracks.

[Baroness Williams of Trafford (Con)]

I am not going to look at it again but I will perhaps explore it further and see why what is happening is happening. That is probably fair enough.

[Lord Green of Deddington (CB)]

Is the Minister aware that, in some countries, applicants choose those families that come to London regularly in the summer, with a view to leaving them after a month or two and settling, legally or otherwise, in the UK? The system needs to be fairly tight to avoid trouble on that front.

[Baroness Williams of Trafford (Con)]

Between what the noble Lord has just outlined and what the noble Baroness, Lady Lister, has just said, that probably explains both ends of the system in different ways.

On visa extensions, although I fully support the noble Baroness’s determination to improve protections for migrant domestic workers, rewinding the clock and reinstating the features of a route that were deliberately removed almost a decade ago is not the answer—probably, in part, for some of the reasons that the noble Lord, Lord Green of Deddington, outlines.

The overseas domestic worker visa caters specifically for groups of visitors who by definition stay for short periods. That visa allows private domestic staff to accompany their employer where that employer enters the UK as a visitor and where they intend to leave together. Approximately 20,000 visas are issued every year on that basis, and the vast majority leave well within the validity of their visa.

The amendment seeks to reintroduce features of the route which were removed for good reason. We must not forget that abuse existed before 2012 and be mindful that allowing overseas domestic workers to stay could inadvertently create a fresh cohort of recruits for traffickers. We must avoid a route that could be used by criminals to entice victims to come to the UK.

Noble Lords have referred to the report, commissioned by the Government, by James Ewins QC, which, crucially, did not establish a direct link between the length of stay and the likelihood of exploitation. Years later, this picture remains. There is no greater risk if a domestic worker is here for two weeks or 12 months, so increasing the length of time that they can stay will not afford them greater protection from being exploited.

I think that the noble Baroness and I share the same objective of the delivery of a safe and appropriate system for a very vulnerable category of workers. However, for all the reasons that I have given, we do not agree on the means of achieving it.

I am aware of comparisons that have been made between those employed in the healthcare sector who are exempt from the health charge and those who come to the UK as volunteers. However, there are very clear and important distinctions between workers and volunteers on the charity worker visa. The route should not be used to fill gaps in the labour market, even on a temporary basis. To answer the question asked by the noble Lord, Lord Rosser, yes, we have been engaging with charities. The Government think that appropriate immigration concessions are already in place, which support volunteers on this route. The charity worker visa offers a low fee, compared to other work routes, and sponsors pay a lower licence fee, in recognition of their charitable status. While the charity worker route is the main route for volunteers, it is not the only way in which volunteers can be recruited to support the work of charities.

I note the concern of the noble Lord, Lord German, that the immigration health charge might deter volunteers from coming to the UK. Published figures indicate that, for the years immediately preceding the pandemic—clearly the years after that are very unusual—the number of charity visas granted remained broadly consistent. This indicates that volunteers are not being deterred by having to pay the health charge.

The NHS must continue to be properly funded and the immigration health charge plays an important role in that. It has generated almost £2 billion for the NHS since its inception, and it ensures that temporary migrants who come to the UK for more than six months make a direct contribution to the comprehensive range of NHS services available to them during their stay. Those who pay the charge can, from their point of arrival in the UK, use the NHS in broadly the same way as a permanent resident, without having to make any prior tax or national insurance contributions. For those reasons, I hope that the noble Lord, Lord German, will not press his amendment.

On Amendment 183, I hear noble Lords loud and clear. I recall the debate that my noble friend Lord Faulks and I had during the Criminal Finances Bill. I also completely acknowledge the point about those relying on funds that have been illegitimately acquired. It is because of those concerns that we have committed to a review of visas issued under the route between 2008 and 2015. We are finalising the review, if noble Lords can be patient, and we will publish it in due course—I knew there would be a sigh from behind me and in front of me when I said that.

[Lord Rosser (Lab)]

Four years is quite a long time to produce a report. Why has it taken four years to date and why are the Government still in a position where they cannot really give any proper indication of when it will be produced? “In due course” is the cop-out expression for a Government who do not really know.

[Baroness Williams of Trafford (Con)]

My Lords, I will have to think of a new phrase: perhaps “shortly”.

[Lord Rosser (Lab)]

Is it this year?

[Baroness Williams of Trafford (Con)]

Yes, I hope that it will be this year.

[Baroness Williams of Trafford (Con)]

I say to noble Lords that I share their concerns. I will also be writing to the Committee before Report on this very matter. Since 2015, we have excluded investment in government bonds and strengthened the rules to ensure that investments are made in active and trading UK companies. Applicants must also demonstrate that they have a wealth of at least £2 million for at least two years, up from 90 days, or provide evidence of the source of those funds. We require banks to explicitly state in a letter to the Home Office that they have completed all requisite customer due diligence and know your customer checks prior to opening the applicant’s account, and we have increasing evidential requirements where migrants have invested their qualifying funds through a chain of intermediary companies so that the Home Office can better assess the ultimate destination of qualifying investment.

[Lord Wallace of Saltaire (LD)]

My Lords, I hope the Home Office has consulted the FCDO on this issue. The Minister will be aware of the report from the Center for American Progress in Washington which argues—and this is the conventional wisdom in Washington as far as I can see—that we are the weak link in the West’s relations with Russia, and the reason why we are the weak link is because of this large colony in London with such close links to Putin.

[Baroness Williams of Trafford (Con)]

My Lords, I acknowledge all the points that the noble Lord has made and agree that there is more to be done here. I do not think anyone could deny that. The Criminal Finances Act was a start and there is more to be done in this space, most definitely, but I think I will leave it there. I hope, with what I have said, that the noble Baroness will be happy to withdraw her amendment.

[Baroness Hamwee (LD)]

My Lords, my noble friends both made very powerful cases. I hope that my noble friend Lord Wallace will forgive me if I make only one comment on his amendment, in fact in response to what the Minister said about banks checking up: I wonder whether the banks check up on the holders of golden visas as often as they check up on noble Lords who are PEPs.

With regard to my amendment, like the noble Baroness, Lady Lister, I ask why we would have been asked to propose this amendment if there were no problem. I regarded the registration with the Home Office as a sort of olive branch, something that might make the Government feel a little more comfortable. The Immigration Rules are not working because there is not the distinction to which she and I have referred.

The noble Lord, Lord Berkeley of Knighton—how is “Berkeley” pronounced? I should know from hearing him on the radio—referred to the financial aspect of this and forcing people into the black economy. It is wider in respect of people who are here irregularly, of course, because it is hugely important. But it is exactly the same as the point made by the Minister that if the situation were changed it would provide a group of people who would be—I wrote it down—a cohort for traffickers, but that is exactly what the danger is now. I am puzzled and disappointed but clearly we are not going to make progress today, so I beg leave to withdraw the amendment.