Migrant Domestic Workers

Lord Dholakia Excerpts

Wednesday 8th June 2011 Grand Committee

[Lord Dholakia]

My Lords, first, I thank the noble Baroness, Lady Cox, for securing this debate. She works tirelessly to secure the rights and liberties of disadvantaged people in many parts of the world, and I am delighted that this time she has drawn attention to the plight of domestic migrant workers. This debate is timely; the International Labour Organisation, the United Nations agency that concentrates on labour rights, draws its strength from having national Governments, workers and employers participate in its decision-making process and, as part of its international conventions on slavery, a new international convention on domestic workers worldwide is likely to be adopted shortly. We want to ensure that our Government are a signatory to this and, more importantly, that they have policies and procedures in place to ensure that we give real meaning to such a convention.

I thank Anti-Slavery International and Kalayaan, as the noble Baroness has done, for the briefing material that they have supplied. I urge the Minister to study their publications, which identify policies that work to protect migrant domestic workers. Their research was undertaken to inform the current Government in their review on the domestic workers’ visa. Kalayaan submitted a research report in March 2011 to the government team conducting the review. The UK Border Agency has said that the review will not be a public consultation, but I hope that it takes a serious look at it and at today's debate. In the mean time, I ask the Minister for the exact timescale of this review and whether she will publish the ultimate article when it is completed.

We in this country have been pioneers in promoting legislation on human rights and equality, which has served us well. It is no surprise that other countries have followed our example. Those of us who have read cases highlighted in the media and taken up cases with the Government can vouch for the fact that domestic work is poorly regulated and that inadequate legal protection is afforded to workers. Some basic human rights are denied. The predominant groups are women and girls, who are most vulnerable to abuse. Poverty compels vulnerable people to accept jobs where basic rights are denied. In many cases, the circumstances and conditions of their employment amount to forced labour. I have come across cases in which women have been forbidden to leave the home where they are working. Violent threats have become an everyday reality and their passports are withheld by their employers, as the noble Baroness, Lady Cox, said. Add to that the other ingredients that make their lives a living hell.

The job offer often bears no reality to the actual tasks they have to perform. Often, transportation and living costs are deducted from their wages, making it almost impossible to sustain a normal lifestyle. The worst cases are those in some diplomatic households. Domestic workers are not afforded adequate protection from exploitation and do not have the right to change employers. They are most vulnerable when fleeing from abusive employers.

Of course we can and should take action when such practices are exposed. Should we not seriously consider a domestic worker’s right to change employment in a diplomatic household? When visa applications have been made, should we not supply applicants with information about their rights and responsibilities? We should also mention who to approach when employment conditions are breached. I know that we are treading on sensitivity when dealing with overseas missions enjoying diplomatic immunity, but surely if the ILO convention on decent work for domestic workers is ratified, it will put such missions to shame, and rightly so.

We also need to pay special attention to our own immigration rules. Migrant domestic workers are dependent on their employers for their work and accommodation. There is no oversight of what happens in the private household, which is almost always invisible. A comparison with forced marriage is appropriate. None of us was aware of the size of the problem until recently, and now we have adequate machinery to ensure that victims receive all the help both here and at British high commissions abroad. I was a member of the first working party established by the Home Office, and I am glad to say that good practices have followed.

Surely it is possible to monitor visa conditions on a small sample of domestic workers without the presence of their employers. The number of migrant domestic workers entering the UK is estimated at nearly 15,000. This is not a small number, and I accept that in many cases the relationship between the worker and their employer is sound, but it is rogue employers that we are after. We need to pay particular attention to child labour. Children are the most vulnerable to slavery.

There is evidence at an international level that many who are separated from their families are inherently easier to coerce and control. An ugly feature here is that some are trafficked, while others are bonded labour forced to work to pay off debts that their parents have accrued.

I started by saying that a new international convention on domestic workers is likely to be adopted shortly. This will set out the employment rights of this category of people. As the Minister knows, all countries that ratify the convention will have a legal obligation to ensure that these rights are granted. I want our Government not only to support the convention but to take a lead in its implementation. We must move away from the notion that it is only informal labour and not proper work. We must ensure that domestic migrant workers have the rights and liberties that other workers enjoy. We must strengthen our existing legislation, including the Race Relations Act, to ensure that no exceptions are made in the employment of such workers. We must not underestimate the role that trade unions can play. In the final analysis, let us work towards a society where individuals’ human rights are upheld. In many cases, domestic migrant workers have lost almost everything. They are right at the bottom of the ladder. Let us not strip them of their dignity as well.