Convention on Domestic Workers

Grahame Morris Excerpts

Wednesday 29th June 2011 Westminster Hall

[Grahame M. Morris (Easington) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Howarth. On the record, I thank my hon. Friend the Member for Slough (Fiona Mactaggart) for securing this important debate on Government policy on the ILO convention on domestic workers.

Many debates in this Chamber, such as on the issue we are discussing, might be lightly reported. Nevertheless, the Government decision on the ILO convention has significant consequences which will reverberate across the globe. It is significant because of what is being said to some of the most vulnerable people throughout the world as well as to potential traffickers. It leaves a stain on Britain’s reputation as an advocate of basic human rights, casting a cloud over our democratic values.

So important is the decision, that the Government have been accused by many commentators of betraying Britain’s 200-year history of anti-slavery and of isolating itself on the margins of the world stage. By abstaining from voting on the ILO convention on domestic workers, Britain has lined itself up alongside countries where workers’ rights are routinely infringed. Press reports state that the Department for Business, Innovation and Skills does not intend to ratify the convention “for the foreseeable future”, ruling out the application of the convention to British workers.

[Catherine McKinnell (Newcastle upon Tyne North) (Lab)]

Does my hon. Friend share my concern that the Government’s position seems to be at odds with their international development policies, which are stated to be working towards improving the support for and the working rights of marginalised workers? Britain is therefore put in a difficult position when trying to speak on the world stage on such issues.

[Grahame M. Morris]

My hon. Friend makes a good point well. I completely agree with her.

The decision to abstain has two damaging effects. First, it will leave domestic workers in the UK, namely nannies, cooks, cleaners and the like, vulnerable to the risks prevalent for them. Secondly, it will undermine the UK’s standing and moral leadership on the international stage. For countries whose citizens, including domestic workers, have far fewer legal protections, Britain has abdicated its position as their champion. By neglecting their duty in this matter, the UK Government have tarnished their international reputation. People would be astonished to learn that workers who live with their employers in the UK and are treated as family are not covered by the working time or health and safety legislation, and are not entitled to the minimum wage. In fact, the ILO convention would have extended to those in domestic employment only very basic labour rights that are available to all workers—rights such as reasonable hours of work, weekly rest of at least 24 consecutive hours, a limit on in-kind payments, clear information on terms and conditions of employment, and some of the most basic rights of workers, including freedom of association, and the right to collective bargaining. Those are not extreme demands; they are moderate requirements.

ILO estimates of the number of domestic workers worldwide put the minimum at 53 million with the likelihood of the true figure exceeding 100 million. Domestic workers are often hidden behind closed doors, so they are all too often unregistered, and that higher estimate may be conservative. The ILO’s Director-General, Juan Somavia, said:

“Bringing the domestic workers into the fold of our values is a strong move, for them and for all workers who aspire to decent work”.

Unfortunately, that modest move was too strong for our Government.

The improvement on gender equality has also taken a hit from the British Government’s neglect because, as my hon. Friends have said, many of those workers are young women and girls. The ILO document “Questions and Answers on the Convention Concerning Decent Work for Domestic Workers” states unequivocally:

“The impact is tremendous. The mere fact of stating unambiguously that domestic work is work is a very important step toward gender equality in the world of work, because domestic work mainly employs women.”

The Government’s position has been weak and disingenuous. They have claimed that domestic workers in this country are covered by protective laws anyway. The truth is that they are not treated like workers in any way at all. Many are poorly treated, as we have heard, and are paid nowhere near the minimum wage. Some are effectively prisoners in the homes where they work, and rely on their work for their home, shelter, food and livelihood.

[Andrew Selous]

On the minimum wage, does the hon. Gentleman agree that we do not need to sign the ILO convention because we already have legislation on that? It is already illegal not to pay the minimum wage, and rightly so.

[Grahame M. Morris]

My hon. Friends have indicated that many domestic workers feel intimidated, and are unwilling to resort to traditional means. I do not accept the hon. Gentleman’s assertion. Many of his arguments were deployed against the UK Government signing up to the convention on human trafficking, and in relation to basic health and safety. I do not accept that domestic workers are already covered by effective legislation.

[Jim Sheridan]

Does my hon. Friend share my sadness at the suggestion of the hon. Member for South West Bedfordshire (Andrew Selous) that if the ILO convention were signed, old women would have their houses raided by inspectors to make sure that the working conditions and their houses are suitable for people to work in? That is ridiculous.

[Grahame M. Morris]

I am grateful for my hon. Friend’s intervention. The point made by the hon. Gentleman is a scare tactic. I remind hon. Members that basic health and safety regulations apply in the workplace, so it is nonsense to suggest that signing up to the ILO convention would somehow disadvantage the groups identified.

It is appalling that the CBI voted against the convention, but no more so than the fact that the British Government abstained. The only way for the Government to restore their credibility, not just here in the UK, but internationally, is to lay out their plan to ratify the convention for the benefit of domestic workers in Britain. I am aware that the TUC has set up a campaign for ratification in alliance with domestic workers and several charities and non-governmental organisations. I hope that hon. Members will take note of that, and that those who follow our proceedings will support it.

I know that other hon. Members want to participate, but before finishing I want to touch on one of the progressive moves that set the ball rolling on improving rights, particularly for migrant domestic workers. The visa for domestic workers was introduced in 1998 for the specific purpose of protecting migrant domestic workers from abuse and exploitation. It recognised their vulnerable position in the under-regulated work environment, their isolation from co-workers, and their absolute dependency on their employer for finance, accommodation, immigration status, and information about their general rights.

Signing the convention would be a first step in putting the employment relationship, visa demands and working choices in the hands of migrants to some degree. Migrant domestic workers could, for the first time, enforce their rights. I hope that the Minister will not simply read out the line on the Government’s absolutely unacceptable position. Instead, I hope that he will reflect on what has been said today, and that he will take steps to rectify the damage that has been done to our international reputation and standing on workers’ rights, taking the cause of domestic workers backwards and aligning the British people with some of the most deplorable regimes, which have been labelled an axis of evil—I do not know whether that is a fair assessment—and which would make many decent people in the United Kingdom ashamed.

Will the Minister review the Government’s position, and dissociate themselves from the CBI on this issue? Will he also lay out a plan for Britain to ratify and abide by this internationally backed convention?