Modern Slavery Bill

Lord Rosser Excerpts

Monday 1st December 2014 Lords Chamber

[Lord Rosser (Lab)]

My Lords, the noble Lord, Lord Hylton, has undoubtedly drawn attention, as he did at Second Reading, to the abuse of people who are under tied visa arrangements. We await with interest the Government’s response to the points that he has made. We are associated with Amendment 94, which will be debated much later, to which the noble Lord, Lord Hylton, has added his name, along with the noble Baroness, Lady Cox, and the noble Lord, Lord Alton of Liverpool, as well as my noble friend Lady Royall of Blaisdon. The amendment seeks to insert a new clause entitled “Protection from slavery for overseas domestic workers”, which would enable such workers to change their employment and not remain under the tied visa arrangements. That is the goal that we, and perhaps the noble Lord, Lord Hylton, and others, seek to achieve. Amendment 94 will be debated later. For the moment, we await the Government’s response to the two amendments to which the noble Lord has spoken.

[Lord Alton of Liverpool (CB)]

My Lords, I would very much like to support my noble friend Lord Hylton, and I follow the noble Lord, Lord Rosser, in his support for Amendments 28 and 95. The noble Lord, Lord Rosser, has rightly reminded us that when we get to Amendment 94 there will be a chance to have a wider debate about the whole question of the overseas domestic worker visa.

Many of us would say that the subject of denying someone the right to go to an employment tribunal—that is what my noble friend’s Amendment 28 specifically deals with—is a sort of curtain-raiser to the debate that will come later. Enabling migrant domestic workers to change employer, to apply to renew their visa annually if in full-time employment, and to have the right to go to an employment tribunal, would be a significant step towards preventing abuses against migrant domestic workers, including forced labour for their employers, and would enable them to seek redress without fearing deportation from the United Kingdom.

My noble friend Lord Hylton has a long and honourable record of raising this question for all the years that I have been in your Lordships’ House, so it comes as no surprise to me that he has tabled these amendments. He is not, of course, alone in raising this question. Amnesty International UK, the Anti Trafficking and Labour Exploitation Unit, the Anti-Trafficking Monitoring Group, Human Rights Watch, the Immigration Law Practitioners’ Association, Kalayaan and Liberty are among those who support moves in this direction.

Evidence since the introduction of the tied ODW visa in 2012 demonstrates how the current tied visa system facilitates the abuse of migrant domestic workers in the UK and therefore undermines the objectives of this timely and very welcome Bill and the Government’s efforts to fight modern slavery. Because of its deleterious effects, the 2012 decision, whether it was made wittingly or otherwise, is something we need to return to in the course of our deliberations, to see what we can do about it.

The Joint Committee on the draft Modern Slavery Bill identified the 2012 policy as having,

“unintentionally strengthened the hand of the slave master against the victim of slavery”,

and said:

“Tying migrant domestic workers to their employer institutionalises their abuse”.

The Joint Committee on Human Rights reported that it,

“regards the removal of the right of an Overseas Domestic Worker to change employer as a backward step in the protection of migrant domestic workers, particularly as the pre-2012 regime had been cited internationally as good practice, and recommends that the Bill be amended to reverse the relevant changes to the Immigration Rules and to reinstate the pre-2012 protections in the Bill”.

We have heard a great deal already today about the importance of having what my noble and learned friend Lady Butler-Sloss described earlier as flagship legislation. I know that it is the Government’s wish that this should be seen as an international gold standard piece of legislation that others will be able to imitate, and that they hope it would be capable of implementation worldwide. But that is in doubt unless we put right this defect that was incorporated into our legislation. I recognise that it may not be possible to do that today, but I hope that when the noble Baroness replies to the debate she will indicate to my noble friend that we will continue to discuss this issue to see what we can do to remedy something that was done in 2012 and has, wittingly or unwittingly, brought about these consequences. One of those consequences is, as is highlighted in Amendment 28, that people are prevented from having access to employment tribunals.