Seasonal Agricultural Workers Scheme

Lord Coaker Excerpts

Tuesday 12th February 2019 Westminster Hall

[Mr Hurd]

I certainly note that point, and I quite understand where it comes from, given the constituency my hon. Friend represents. I will ensure that the Immigration Minister takes that on board.

As the House knows, we have published an ambitious White Paper, setting out proposals for our future skills-based immigration system. That includes introducing, as a transitional measure, a new temporary short-term workers route to ensure that UK businesses, irrespective of sector, have the staff they need, including seasonal workers, and to help employers move smoothly to the future system. However, this debate is principally about the two-year seasonal workers pilot, which allows non-EU migrants to work on UK farms for six months, specifically in the edible horticultural sector, and I will use the time remaining to focus on the concerns the hon. Member for Nottingham North raised.

We are very clear that we want to support UK businesses, but it is just as important to us that everyone working in our economy is safe and is treated fairly and with respect. Exploiting people for their labour, subjecting them to horrific conditions such as those we have seen in the past, and denying them basic employment rights is of course a form of abuse.

[Vernon Coaker (Gedling) (Lab)]

That is the fundamental point. We must give people not only the right to complain but the confidence to come forward. Will the Minister consider talking to the Immigration Minister about how to give that confidence to people who come to work on these schemes, both when they arrive and before they leave their countries?

[Mr Hurd]

I certainly take on board that point and give that undertaking. We are determined to protect workers from abuse and to crack down on employers who try to profit from exploiting people. The Modern Slavery Act 2015 is a world-leading landmark that gives law enforcement agencies the tools to deal with offenders and provides enhanced protection for victims, but we recognise that the nature of labour exploitation continues to evolve. We believe we are keeping pace with that, having introduced further measures to tackle exploitation through the Immigration Act 2016. We have widened the remit of the Gangmasters and Labour Abuse Authority, giving it new powers under the Police and Criminal Evidence Act 1984 to investigate serious labour market offences, including modern slavery offences, in all sectors. Those principles underpin all our immigration employment arrangements.

Let me turn to the clear and robust protections we have built into the design of the pilot, which were central to the line of inquiry from the hon. Member for Nottingham North. At the heart of those protections is our sponsorship system, which will be used to manage the licensing of the organisations—the scheme operators—selected to manage the pilot. The sponsor licensing system places clear and binding requirements and obligations on scheme operators, including robust responsibilities to ensure the welfare of participating migrant workers. Critically, it also gives the Home Office clear powers to revoke an operator’s licence if it falls short in its duties. That will be underpinned by a robust monitoring and compliance regime, which will include site visits by Home Office sponsor compliance teams.

On the point raised by my right hon. Friend the Member for Witham (Priti Patel), the Home Office is working closely with the GLAA to share best practice for conducting such compliance visits and to share intelligence about our respective findings. We are absolutely determined to get this right. We have no desire to go backwards. We need to learn from the past.

The tier 2 and tier 5 sponsor guidance published by the Home Office on 11 January sets out organisations’ full responsibilities towards their seasonal workers. Those include ensuring that the work environment is safe and complies with all relevant health and safety requirements; that workers are treated fairly by their employer and are not threatened with or subjected to violence; that workers are paid properly, with time off and proper breaks; that workers are housed in hygienic and safe accommodation, although it is not mandatory for workers to live in accommodation provided by their employer; that workers’ passports are not withheld from them; and that procedures are in place to enable migrants to report any concerns and to move to another employer.

Should either of the selected operators fall short in those duties, action will be taken, up to and including the revocation of their sponsor licences. As a prerequisite for becoming a scheme operator, each organisation must hold and maintain licencing from the GLAA. Should a scheme operator lose its GLAA licensing at any point, its sponsor licence will be revoked with immediate effect.

I understand that the issue of debt bondage is of particular concern to the hon. Member for Nottingham North. Placing someone in debt bondage would constitute a failure to comply with the licensing standards and lead to the revocation of the operator’s licence. That in turn would lead to the revocation of its licence to act as a scheme operator. We therefore believe we have the sanctions in place to tackle that unacceptable practice. It is, however, important that we are alive to that risk and remain vigilant to any risk of exploitation.

The hon. Gentleman asked whether the GLAA requires additional resources as a result of the pilot. I reassure him that the pilot is very much business as usual for the GLAA. We believe that an additional 2,500 workers will not place a significant additional burden on it, especially at a time when the sector tells us the overall number of seasonal workers is decreasing.

The Immigration Minister and I would be happy to look at any proposals put forward by Unite, as the hon. Gentleman suggested. I hope he is reassured by the range of protective measures we have put in place and by the clear requirements on scheme operators. We are confident that we have designed the scheme in a way that addresses his concerns.

Question put and agreed to.