EU Nationals in the UK

Debate between Karen Bradley and Emily Thornberry

Wednesday 6th July 2016 Commons Chamber

[Karen Bradley]

I will just say that if my hon. Friend had heard the opening statement from my right hon. Friend the Minister for Immigration, he would have heard that point at that stage.

We fully expect that the legal status of EU nationals living in the UK and of UK nationals in EU member states will be properly protected, but we must not forget our duty to UK citizens who have chosen to build a life in an EU member state. Addressing that issue is a priority that we intend to deal with as soon as possible. As my right hon. Friend and I have said, it is a complicated matter with a range of considerations and detailed work is needed to examine the full range of circumstances of EU nationals and to ensure that any decisions taken have no unforeseen or unintended consequences.

I want to give some examples from today’s debate. What I heard from the Opposition Front Bench was that anybody who was here on 23 June has automatic rights and that that will be the cut-off date. If someone arrived on 24 June, however, would the points-based system of the right hon. Member for Birmingham, Edgbaston (Ms Stuart) apply to them? Would they be repatriated? Is it the case that somebody who arrived on 24 June is no longer attracted to staying in the UK? This is a really complicated matter, and we must ensure that we get it right.

[Emily Thornberry]

Will the hon. Lady give way?

[Karen Bradley]

I am sorry, but I want to make some progress. I did not intervene on the hon. Lady.

In conclusion, EU nationals can have our full and unreserved reassurance that, whether they arrived on 22 June, 23 June or 24 June, there has been no immediate change to their right to enter, work, study and live in the UK as a result of the EU referendum. I would like to reassure EU citizens up and down the country that we recognise the huge contribution that they make to our economy, our health service, our schools, our care sector, our communities and in so many other ways. We will act fairly towards them just as we expect other EU countries to act fairly towards our citizens living there.

However, as has been set out today, any decision to pre-empt our future negotiations would risk undermining our ability to protect the interests of EU and British nationals alike and to get the best outcomes for both. We will look to secure the best deal for EU citizens just as we will seek to secure the best deal for British citizens in the EU. That is the responsible approach and that is what we will do.

Question put.

Modern Slavery Bill

Debate between Karen Bradley and Emily Thornberry

Tuesday 17th March 2015 Commons Chamber

[Karen Bradley]

I look forward to hearing from the right hon. Gentleman, and it sounds to me as though you will be obliging, Mr Speaker.

Holding anyone in slavery or servitude or trafficking them is an abhorrent crime, which this Government are determined to stamp out. Such abuse of anyone on an overseas domestic worker visa is totally unacceptable. This landmark Modern Slavery Bill’s core purpose is to make sure both that law enforcement has the tools to ensure those who commit these appalling crimes are caught and punished and that victims receive the protection and support they need to recover. This is crucial to our approach to overseas domestic workers. This Bill means those who traffic overseas domestic workers or hold them in servitude can receive a life sentence and that the slavery, servitude and forced or compulsory labour offence reflects the particular circumstances of vulnerable victims.

[Emily Thornberry (Islington South and Finsbury) (Lab)]

I applaud and understand what the Minister says about ensuring that those who enslave domestic servants should be given a life sentence. If that was to happen and the law enforcement agencies were to get involved with the employer, what would happen to the employee?

[Karen Bradley]

I shall address later in my remarks exactly what is envisaged through the amendment in lieu to give support specifically to people on an overseas domestic workers visa who are victims of slavery.

The Bill means that all victims of modern slavery will have major new protections such as the statutory defence to prevent them from being treated inappropriately as criminals. I understand and share the sentiment behind Lords amendment 72. When my right hon. Friend the Home Secretary and I looked at it and considered how to respond to the Lords vote, our priority was to improve the protection for victims of modern slavery. I know that that is in line with the spirit in which peers passed the amendment and I am grateful for their careful scrutiny of the Bill. That common focus on supporting and protecting victims of modern slavery is why I am not simply proposing that this House should disagree with the Lords amendment. Instead, even at this late stage of the passage of the Bill, we are proposing to add additional protections for overseas domestic workers who fall victim to modern slavery.

--- Later in debate ---

[Karen Bradley]

My hon. Friend and the right hon. Member for Slough (Fiona Mactaggart) were strong and assiduous members of the Committee that scrutinised the Bill as it went through the House of Commons, which is when we started debating this issue. My hon. Friend is right to mention the guidance, and I shall explain more about that in a moment. It is absolutely clear that all front-line professionals need to understand that the visa situation of an individual is irrelevant in these circumstances: if they are a victim of slavery, they are a victim of slavery, and they will need the support that is available. As I have said, the amendment will give additional support for victims who are on an overseas domestic workers visa, and I shall explain why that is appropriate.

Before I explain the additional protections, which seek to address the important concerns raised in the other place, I should explain to the House why I am deeply concerned that Lords amendment 72 will not protect victims, however well intentioned it might be. There is a real risk that it will achieve the opposite. I want to ensure that a provision to support overseas domestic workers who fall victim to modern slavery will help those vulnerable people get the help they need and allow law enforcement to take action to prevent their abusers from doing the same to another domestic worker. I do not believe that the Lords amendment would achieve either of those things. Members will have seen from my letter that those worries are shared by senior law enforcement officers working in this field.

I should remind the House that the overseas domestic workers visa allows visitors to the UK to bring their existing domestic staff with them when they visit the UK, for a maximum of six months. Separate arrangements apply for the small number of overseas domestic workers who work in diplomatic households. Around 15,000 of these visas are issued every year, and the data suggest that visits typically last for only about 15 days, so the vast majority of overseas domestic workers will be here for a very short time. To qualify for this short-term visa, there must be evidence of a long-term employment relationship between employer and employee.

Even before the Lords debate on Report, the Government announced that the safeguards would be strengthened. There will be a new standard contract, along with changes to the immigration rules to strengthen the guarantees that overseas domestic workers will be paid at least the national minimum wage, pilot programmes of interviews for applicants overseas and the provision of information cards at the border. Given the specific circumstances in which the visa is applicable, it is not possible to change employer during the short period that the workers are in the UK or to extend the visa as a route to settling permanently in the UK.

Lords amendment 72 would change that, allowing overseas domestic workers to change employer and stay in the UK indefinitely, potentially gaining settlement. The Government have listened carefully to the debates on this issue, and we are keen to take an evidence-based approach. As the House will know, the Government have announced an independent review of the overseas domestic workers visa, which is to report in July. The review will look specifically at the ability to change employer. It is being undertaken by James Ewins, a respected expert on modern slavery who served as a specialist legal adviser to the pre-legislative scrutiny Committee on the Bill.

[Emily Thornberry]

Would not the Lords amendment effectively bring us back to the position that we were in in 2012, which is when the Government changed the immigration rules? My question to the Minister is why did they change the rules in the first place? Why could we not have kept them as they were?

[Karen Bradley]

The hon. Lady will know that there was abuse under the old regime. We wanted to ensure that we were giving maximum protection to victims. I shall shortly give the House some information from the anti-slavery commissioner designate, who is quite clear about the abuse of workers that he saw when he was working in the Metropolitan police. Those workers were here on the visa and were able to change employer, and they were trafficked and moved between employers by organised criminal gangs.

There was abuse under the old system, so going back to the old system is not the right answer. The answer is to find out what the problem is with the visa and to ensure that we are not importing abuse. That is what I am determined to do, and that is what I have asked James Ewins to look at. The measures in the Bill today are designed to give as much protection, support and information as possible to workers on this visa. By July, we shall have a full evidence base for the best way of supporting those employees, and that is the point at which changes should be made. They should be made when we have the evidence.

[Emily Thornberry]

I am grateful to the Minister for her answer, but I do not really understand why the rules were changed in 2012 if there was no proper evidence to enable them to be changed properly to give people protection. Why are we debating the issue now, three years later? The Government changed the rules, and they made things worse. I do not understand why we are having this debate three years on.

[Karen Bradley]

The evidence is not that it has made things worse. Kalayaan, the leading charity in this area, was getting 300 victims of slavery coming through its doors each year under the old system. The figure is now 60 a year.

--- Later in debate ---

[Karen Bradley]

I said that I was going to make progress, but I will give way to the hon. Lady and the hon. Gentleman, and then do so.

[Emily Thornberry]

I am trying to think about this in terms of the real world. It seems to me that the best way of escape for someone who is in servitude and being abused would be to find another employer, who could then be supportive. In those circumstances, someone could explain what had happened to them. Such a person is more likely to come forward in those circumstances than they are to come forward to the police when they are still in servitude and still being abused.

[Karen Bradley]

Let me be clear: this is not about coming forward to the police; it is about victims coming forward to a professional first responder who will refer them into the NRM. If someone chooses to give evidence that allows the police to instigate inquiries, they may be eligible for the 12 months and a day of discretionary leave. But what we are saying is, “You don’t need to come to the police. If you are a victim of slavery, you can come forward to a first responder—a professional—and a charity such as Kalayaan can help you by putting you into the NRM. And if at the end of the specialist support you are given a conclusive grounds decision, you will be allowed to stay and work for six months while you get your life back on track.” If the matter was as simple as someone changing employer, we would not have UK or EEA nationals being victims of slavery. It is not that simple to solve; it is a far more complicated problem. We are talking about 15,000 people who are, on average, here for 15 days. How do we make sure we find those victims? That is the challenge we face and that is what I want the review to deal with.