Convention on Domestic Workers

Jim Shannon Excerpts

Wednesday 29th June 2011 Westminster Hall

[Fiona Mactaggart]

The hon. Gentleman is right. I think that we all find what has happened to be depressing.

As well as being subject to labour exploitation, these workers are also subject to horrific working conditions. About half of those who approached Kalayaan did not have their own room and had to sleep on the floor. We do not expect to see those sorts of working conditions in Britain in the 21st century. Two thirds of them were not allowed out unaccompanied, and two thirds had their passport withheld. That is unlawful. I know of no prosecution, except in cases in which someone has succeeded in being declared as having been trafficked, but that applies to only a tiny minority of these poor victims. Many of them are also victims of psychological abuse.

I have tried to show the ways in which the abuse is widespread and serious. I do not want to accuse the Government of bad faith, but, having talked to people who participated in the ILO process, I was shocked at the way in which our national representative behaved during the negotiations as the agenda approached its conclusion. It suggested that our aim was not in any way to improve conditions for these vulnerable workers. Apparently, the UK often led European Union amendments to attempt to dilute the convention in areas such as working hours and occupational safety and health. I have described the working hours that migrant domestic workers frequently face. Will the Minister tell us what working hours he thinks are reasonable for workers in people’s homes? Does he think that they deserve effective, not theoretical, protection in relation to working hours?

Even when all other countries had agreed on positions, the United Kingdom cited continued objections to the consensus, for example, on the working and living conditions of children. What protections does the Minister think that children should have when working in other people’s homes? The United Kingdom stated that the final text of the convention would be unratifiable. Indeed, the Government intend not to ratify the convention and will not even vote for it, citing apparent conflicts with EU regulations. The EU bloc and all other major countries decided wholeheartedly to endorse and vote for the convention, so the United Kingdom representative was the only dissenting voice in the plenary voting session on the convention.

On 23 May, less than a month prior to the final decision, the Minister said in reply to a question asked by two hon. Members about the matter:

“The Government will seek a workable convention that can be ratified by as many countries as possible, and consequently protect vulnerable domestic workers worldwide”.—[Official Report, 23 May 2011; Vol. 528, c. 469W.]

The Minister does, therefore, recognise that an international convention can protect vulnerable domestic workers worldwide. However, having abstained on the ILO vote, can the UK Government play a positive role in encouraging other countries to ratify the convention or protecting vulnerable domestic workers worldwide? We have completely lost moral leadership. Will the Minister tell us what contribution he thinks Britain can make to international action to protect this vulnerable group of workers?

[Jim Shannon (Strangford) (DUP)]

I congratulate the hon. Lady on bringing this most important matter to Westminster Hall for debate. As far as I am aware, she has not mentioned the UK Border Agency and the role that it should play in relation to the convention. Does the hon. Lady feel that the UK Border Agency should be better resourced and equipped to help those migrant workers who, in reality, are slave labour? Perhaps there is a greater role for the UK Border Agency to play in the matter.

[Fiona Mactaggart]

That organisation should be better at dealing with the issue, but I am not sure that it is easy to do so properly at borders. That is one of the challenges. There needs to be an in-country resource to which vulnerable trafficked people know they can turn for help. Their fear is that if they turn to the authorities for help, they will be outed. Unfortunately, that happens too often as those concerned are classed as illegal. For many people, that is through no fault of their own. They are here without status and they are illegal because their owner—we must not forget that we are talking about a kind of ownership and slavery—has retained their passport unlawfully and has said, “Don’t worry, I’ll sort this out,” and so on.

There needs to be an effective in-country recourse to which people in these circumstances can turn. Unfortunately, the national referral mechanism frequently fails to provide that because it does not consider its first priority to be protecting the individual. There is a laborious tick-box process and, because there is no real prospect of prosecuting someone for trafficking and getting a conviction, often the national referral mechanism will suggest that a person is not really trafficked. That is really sad.