Immigration Bill

Lord Green of Deddington Excerpts

Tuesday 26th April 2016 Lords Chamber

[Baroness Lister of Burtersett (Lab)]

My Lords, briefly, I support Motion A1. I have participated in a number of debates in this House on this issue and I have yet to hear a convincing argument against providing this most basic civil right to asylum seekers.

As the noble Lord, Lord Alton of Liverpool, made clear when he moved the Motion so ably, we are yet to see any serious evidence in support of the current policy. But there is plenty of evidence of the demoralising impact it has on asylum seekers. For example, a woman quoted in the most thorough research that I have seen into the reasons people choose to seek asylum in this country said:

“Sometimes I just cry. It’s like I am worthless, like I am just this piece of junk”.

No human being should be made to feel like that, and that is why I support the Motion.

[Lord Green of Deddington (CB)]

My Lords, I am rather puzzled. If conditions for asylum seekers are so difficult in this country, why are there literally thousands of people camped around Calais who appear to want to get into this country in order to claim asylum? And why is it that, of those who claim asylum, 60% have already been working before they make their claim?

[Baroness Hamwee (LD)]

My Lords, today is a day for pithy comments rather than rehearsing arguments that I have already made on this subject, which are on the record. Amendment 59B is different from the previous amendment in that an olive branch has been offered in the shape of nine months rather than six months. We have been told that the delays in the system are historic and that the system is now under control, so it seems that there should not be a problem with six months —but there we are.

I support in particular the noble Lord’s comments about the shortage occupation list. It would be inappropriate to go through all the jobs on that list but without wanting to be too frivolous, I noticed that, for instance, string players are on the list but there is no mention of players of wind or brass instruments. That is the sort of detail and the sort of thing that really makes you wonder about the policy.

The nine months proposal would be in line with almost all other countries in the EU, so there would be no pull factor. Having spoken up and given my support to the noble Lord, I will sit down.

--- Later in debate ---

[Baroness Hamwee]

My Lords, the noble Lord, Lord Hylton, has done a sterling job on this issue, as have others on previous such Bills. Of course, I acknowledge that the Government have made some important changes, but I have to say that I remain persuaded by the report of James Ewins—a report commissioned by the Government themselves.

The Government’s amended policy depends in particular on the national referral mechanism functioning well and there being easy access to it. I summed up in my own mind that the Government’s approach reflects prosecution trumping protection—and I do not say that lightly. The Government are concerned that if overseas domestic workers could change employers and significantly prolong their stay, they would be less likely to report abuse, and enable an employer to abuse others. I do not accept that premise in the context of what we know about this situation. The workers will remain effectively tied to their employers. They will be deterred from escaping because of the quite complex and conditional rights under the new regime, or indeed they may go underground. They need to be informed of clear, concrete rights which are readily understood, and they need to be confident about employing those rights.

I, too, have questions for the Minister. First, can he give any news of the improved functioning of the national referral mechanism, which we know has been the subject of considerable attention and new ways of working? Secondly, I understand that Mr Ewins is to be asked to make a further report. I am not sure whether, in the light of the acceptance or otherwise of his first report, he has accepted that job. But if it is to happen, when will it happen, and will it cover the use of the national referral mechanism by overseas domestic workers?

[Lord Green of Deddington]

My Lords, I do not doubt for a moment the good intentions of those who have put forward this amendment. The Government have moved a very long way to make sure, as much as they can, that overseas domestic workers are not exploited. Everyone is bound to concur with that.

The difficulty I have is that this amendment is not confined to domestic workers who are actually subject to abuse: all would be entitled to leave their employer, for any reason. Well, that is a considerable concession. However, if I have read the amendment correctly, they can stay here for not less than two and a half years. That creates a gaping hole in the immigration system. We are talking here about 17,000 people a year. Of course, word will spread very quickly that you can get to the UK on a domestic workers visa, walk out on your employer, stay here for two and a half years and then almost certainly go into the black economy and not go home. That will lead to a huge gap in our system, and I have to say that I think it is very unwise.

[Lord Rosser]

We continue to support the Ewins recommendations on overseas domestic workers, as well as the amendment that your Lordships sent to the Commons, which it has not accepted. We note that there has been some movement on this issue by the Government, to which the noble Lord, Lord Hylton, referred. I hope that in his response the Minister will be able to reply in detail to the questions that have been raised in this short debate, and I hope that the answers will be found satisfactory by those who asked the questions.