Michael Connarty
Main Page: Michael Connarty (Labour - Linlithgow and East Falkirk)Department Debates - View all Michael Connarty's debates with the Home Office
Modern Slavery Bill
Michael Connarty Excerpts(9 years, 9 months ago)
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Karen Bradley
The right hon. Gentleman is an experienced parliamentarian, but he knows that there were problems with that visa prior to 2012. We need to root out those problems. We need to find a solution, but the way to do that is not to return to the system under which the abuse occurred. The answer is to find out how to stop the abuse in the first place.
Michael Connarty
I have been listening to what the Minister is saying. In the past, under the Labour Government’s visa arrangements, a large number of people reported being abused because they knew that they could leave a bad employer. The Minister boasts that the figure has gone down to 60, but that has happened because people are now trapped with the same employer and can do only one of two things: they can go home, or they can run away. They are not protected under the present visa system, and that is why the number has fallen.
Karen Bradley
The hon. Gentleman will also know that we have reviewed the national referral mechanism and that we are ensuring that it is being extended to all victims of slavery, not just to victims of trafficking. An argument that was always put forward about overseas domestic workers was that they could not qualify for the national referral mechanism because they had not been trafficked. We are changing that, with the Bill and the modern slavery strategy, to ensure that support is available to all victims of slavery. I want to make it clear that anyone who is here on an overseas domestic workers visa can come forward, confident in the knowledge that they will get the support they need and that they will not simply be deported, as the hon. Gentleman is suggesting. They will be able to go through the national referral mechanism. At the end of that process, they will be able to work in this country for a minimum of six months to help them to get back on their feet. When we have the evidence from the review, we will be able to determine our final, definitive position on the visa, but I want to make it absolutely clear to anyone who is here on the visa and to any victim of slavery that the Bill, which I want to see become an Act of Parliament, is there to support and protect them.
Karen Bradley
My hon. Friend sums it up perfectly—I could not sum it up better. The problem we have with a system that just allows somebody to change employer is we are brushing the abuse under the carpet; we are not bringing it out into the light. That flies in the face of what we are trying to do through this Bill, which is find the victim.
Karen Bradley
I hope the hon. Gentleman will not mind but I am going to make some progress.
The victims of slavery I have met are incredibly vulnerable people. We have a duty to give them support, look after them, and make sure that they take control of their lives and make the right decisions. I have met too many victims in domestic servitude who were not on visas and who have gone from one abusive employer to another because they were not brought out into the open—we did not find those victims—and we did not give them the support they need.
Suggesting that somebody who has been through the kind of suffering we are talking about could just walk out and find another employer and their life will be okay is disingenuous; it does not reflect the realities of this horrendous crime and the vulnerabilities of these victims. I want to find these victims and give them the specialist support the NRM offers, and I want to make sure they then have control of their own lives to move forward and do the right thing.
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.
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.
Michael Connarty
The Minister is trying to explain a difficult subject. The difficulty I have is that she seems to be saying that, regardless of how someone leaves an abusive employer, they end up in a white van heading for some place they are put by the NRM.
Michael Connarty
That is what happens to victims now. They are transferred from a caring organisation such as Kalayaan into what people see as a sterile organisation. Unfortunately, at the moment all the evidence shows that when people went to the police under the last Labour Government’s policy—the three-year visa— the police would send them to Kalayaan and it would then find their escape route. It was something people cared about, supported and had confidence in. Sadly, at the moment the official line—the police line, which is contained in the Government’s amendment—is not attractive to people who are in these situations. Whether the Minister likes it or not, escaping from an abusive employer and finding other employment where their employer does not abuse them is the solution for many people I have spoken to—the ones I met outside, when they presented me with flowers. Their solution is not to be put into some organisation where they are in an official system they do not trust.
Caroline Nokes
I thank the shadow Minister for that assurance.
My constituents who have contacted me on this issue want to know that there will be additional evidence of legal employer-employee relationships and a confirmation that employers will be forced to pay the minimum wage. The current rules stop employees changing employer, and vice versa, during the term of their visa. Amendment 72 would permit someone on an overseas domestic worker visa to change employer without having to go to the authorities.
Michael Connarty
Is the hon. Lady aware that under the previous Government, who brought in the three-year visa, people could change their employer, but her Government took that right away? Will she apologise to her constituents for that?
Caroline Nokes
I thank the hon. Gentleman for making that point. Let me make the point that his Government had 13 years in which to introduce such legislation. In fact, we have had to wait 200 years for a piece of modern day slavery legislation.
Fiona Mactaggart
Actually, Lords amendment 72 would make exactly the change that the hon. Lady says we need. It would support victims and trust them to take control of their own lives, whereas, frankly, there is a real risk that the Minister’s amendment (a) will infantilise victims. I know from working with victims of abuse that the best way to make them agree to be witnesses and to give them control over their own lives is to support them in taking the lead, not to tell them that as long as they collaborate, they can get this, that or the other.
I welcome the involvement of the hon. Member for South Derbyshire (Heather Wheeler) and I am glad to see other people focusing on this issue, but those of us who have focused on it for a long time and who argued that ending the ability to switch visas would produce the kind of kafala system now common in Britain have been proved right. We are very sad to have been proved right, but I am glad that Members from every party, including Conservative Members, have regretted their former decisions and recognised that what the Lords are seeking is a better way to protect such vulnerable victims than the proposal the Minister has tried to sell us. If we trust and protect the victims in such a way, we will significantly reduce the level of slavery in Britain today.
Michael Connarty
The Minister has become much more skilful at arguing her brief than she was at the beginning of the process on the Bill. We forgave her for reading her text line by line in the beginning, but we will not forgive her for what she has done today. She rose to excuse a police-drafted clause with a fixation on criminality and catching bad people. Catching bad people is fine: I totally support it, as I have in the campaign that I have run for a long time and since long before there was engagement by the Minister or her colleague, the hon. Member for Norwich North (Chloe Smith), who is sitting smiling on the second Bench. The reality, however, is that if we substitute the rights of victims with the overarching demand to catch criminals or bad people, we sometimes sacrifice the victims in that pursuit. Government amendment (a) takes the that line.
If an overseas domestic worker coming forward in relation to an employment situation is not paid, are they a slave? If they are held by somebody who has their passport but does not give it back and does not pay them—perhaps feeds them, and perhaps does not beat them—they are still slaves. Are the police likely to take information from those people to pursue the employer? Probably not. Will those people be able to leave their employer and say, “I want to go somewhere where I will be paid and treated correctly; where I will be treated with respect, not as a slave, but as a worker”? A worker expects to be treated properly. If people are treated badly by their employer who has brought them to this country, it is still slavery as far as I am concerned.
Karen Bradley
I say again that, yes, I want victims to provide information that enables us to catch the perpetrators and increase the number of prosecutions. However, when somebody comes forward and is referred to the national referral mechanism, it does not require the involvement of the police at any point in the process. The UK Human Trafficking Centre and UK Visas and Immigration make those decisions at the moment. As the hon. Gentleman knows, we have reviewed the national referral mechanism and will be piloting the use of panels to make those decisions. Those will not be law enforcement bodies. Law enforcement will be involved only if people can provide evidence that will enable us to catch the perpetrator. If somebody goes through the national referral mechanism and gets a conclusive grounds decision, they will be granted a minimum of six months to stay and work in the country for any employer. That does not need to involve the police at any stage in the process.
Michael Connarty
The Minister did not answer the question that I asked. If someone is not paid and their employer holds their passport, are they enslaved? I ask her to clarify that. It seems that she is not willing to speak about that. Of course, that is not likely to lead the police to prosecute the person who kept their passport and kept them in a domestic home in the UK. We might be talking about longer than 15 days. The Minister mentioned people who live with the staff of embassies. She did not elucidate on that point, but that is where some of the worst malpractice has happened.
Amendment (a) states that leave to remain will be granted to an overseas domestic worker
“who has been determined to be a victim of slavery or human trafficking, and…in relation to whom such other requirements are met as may be provided for by the rules.”
It goes on to specify what the rules must provide for. My concern is for the victim. My second concern is to create the conditions in which the victim wants to deal with an abusive employer. It might not be someone who beats them up. It might be somebody who refuses to pay them or who gives them just a small allowance like pocket money that is not adequate to live on, which is what many domestic workers get when they come here. Will we prosecute those employers? I hope we will, because that is a breach of our laws.
Karen Bradley
The hon. Gentleman is absolutely right. That is a breach of our employment laws. HMRC is pursuing the employers of overseas domestic workers to ensure that they pay the national minimum wage and observe our employment laws. However, where somebody is the victim of slavery, qualifies under the national referral mechanism for specialist support and gets conclusive grounds, amendment (a) will enable them to work here for six months.
Michael Connarty
Amendment (a) is deficient. Lords amendment 72 is simple and states that people can
“change their employer (but not work sector) while in the United Kingdom”.
That is the first choice they should be able to make. If a domestic worker who comes here is a victim and is not treated properly, they should be able to move to another employer while their visa is running. That was the basis of what was put forward by the Joint Committee on the Draft Modern Slavery Bill. That was the basis of what was proposed in the Public Bill Committee. However, it was not carried. We know about the deficiencies in the Liberal view at that time. I hope that the Liberal Democrats have changed their mind. Today, we can support the simple Lords amendment and carry the spirit of what was recommended by the Joint Committee.
My second point on the protection of victims is about the way in which we encourage people to take up the right to stay. The hon. Member for Romsey and Southampton North (Caroline Nokes) said that nothing had been done in that respect. In 2009, the Labour Government brought in a three-year visa that allowed domestic workers to leave unacceptable or abusive employers, including the kind of employer I have described who does not pay wages or respect people properly as workers. The current Government overturned that and closed that door to people.
It is unlikely that the people I have met through Kalayaan and other organisations who work with these victims will go into the national referral mechanism, because they have an aversion to formal institutions. We know that. Through the Human Trafficking Foundation, we have talked to 60 or 70 non-governmental organisations, all of which have the same problem: the victims do not trust the institutions of the state in this country. Whether we like it or not, the Government’s proposal says that if people are willing to be a witness and help the police to prosecute their former employer, they will get support and be able to stay for up to a year. That is not the way to do it. The way to do it is to allow people to move employer and to create a structure that allows them afterwards to go willingly to those organisations that are willing to give them a bit of muscle if they feel aggrieved enough about the abuse they have suffered.
Most people who have not been paid or have just been paid pocket money are not likely to want to pursue their employer, but they have the same right to move as someone who is willing to go up against an employer who has beaten or stabbed them or treated them abusively. Why should we distinguish between these two sets of people? Legally, they are not being treated as they should be as workers, or are we to distinguish between foreign workers and our workers?
Heather Wheeler
I wonder whether the hon. Gentleman genuinely misunderstands what is going on here. He is an experienced Member, but I wonder whether people really understand that what he is saying is that if somebody comes here on this sort of visa, he will give them carte blanche to go and do something else.
Heather Wheeler
That is exactly what the hon. Gentleman is suggesting. He is going into realms that are not to do with protecting people from modern slavery, which is what the Bill is about.
Michael Connarty
As I am the person who forced the Prime Minister eventually to sign up to the directive on human trafficking, which he had refused to do for several months, during which he wiggled and wriggled, I do not have to apologise to anybody and I do not need it explained to me what the Bill is about. It is a good Bill, but it could be improved immensely. I do not know whether the hon. Lady has read Lords amendment 72, but it says that people should be able to
“change their employer (but not work sector) while in the United Kingdom”.
It is quite clear that it is about people going from domestic work into domestic work. I hope that the House will agree to the amendment.
Finally, I want to question the whole idea of creating this rather tortuous process. It has always been a problem that the Government have seen the Bill as, first and foremost, a criminal Bill to chase people who abuse others through human trafficking and slavery. Many of us hold the view that we should first protect those who are enslaved or abused and then convince them to become witnesses and to help in that secondary programme. If we get the two things back to front, what happens? The victims do not become witnesses and the people who abuse others escape, as they have been escaping. I believe that if we agree to amendment (a), we will have another tortuous process that will become another barrier that makes people stay away from the institutions, because it is not about protecting the victims; it is about the Government’s obsession with catching the bad people.
Emily Thornberry
I remember welcoming the Government’s move to opt into the EU directive on human trafficking in March 2011. I learned this afternoon that that was the result of the work of my hon. Friend the Member for Linlithgow and East Falkirk (Michael Connarty). I congratulate him on that.
It seemed to me that the Government were putting themselves in a contradictory position by signing up to the EU directive on human trafficking. The European Court of Justice has said that any country signing up to the directive
“must refrain from taking any measures liable seriously to compromise the result prescribed.”
It seems to me that signing up to a directive is about more than putting our country’s name to a piece of paper; we must sign up to the spirit of it, too. As I have said, the European Court of Justice has said that we must not go backwards.
I read with interest the speech of the former Attorney-General, the right hon. and learned Member for Beaconsfield (Mr Grieve), to City university about the role of UK law as a model for combating human trafficking and slavery, in which he summarised the progress that had been made. I was very concerned that it was entirely contradictory for the Government on the one hand to sign up to the directive and trumpet the work that had been done to combat human trafficking and slavery, yet on the other hand to change the immigration rules to make life much more difficult for domestic workers. That seemed a complete contradiction, so on 30 April 2012 I wrote to the former Attorney-General to point that out. He referred me to the Home Office, which wrote back. I am glad that it has moved on from the position that it adopted on 16 June 2012, when it stated:
“The position is that, if an ODW has been granted a visa to come to the UK to work for their overseas employer while that employer is visiting the UK, the ODW will have leave to remain in the UK in line with that granted to the employer—ie, up to 6 months’ leave (the maximum grant of leave for visitors). If an ODW leaves their employer during the time of the visit to the UK, the ODW will retain whatever time remains of the original leave granted and so will not be in the UK illegally during that time.”
That did not seem terribly generous. Let us suppose an overseas domestic worker came with a visa to stay in the UK for a certain amount of time. If they left their employer because of abuse, they could remain until their visa ran out but then they had to go. The letter continued:
“The ODW will not be entitled to work for another employer, but they will not be in the UK illegally unless or until the leave expires.”
As I said, we have moved on from that, but it seems that alarm bells have been ringing about abused and exploited overseas domestic workers for many years. Many of those who have raised the alarm have spoken today in the House, and many organisations outside have done so. The Government have spent a number of years preparing such a Bill, and I am disappointed and surprised that, to try to get the Bill through the House today, they are putting this matter back for yet another review. Many people with much greater experience in this issue have been assisting the Government as best they can for some time. They have coalesced around this amendment in the House of Lords, and although I listened carefully to the Minister when she explained why the amendment is not satisfactory, I still do not understand. Not to accept the Lords amendment seems to fly in the face of the collective common sense in this place.
Perhaps I can add my ha’pence worth. We have heard a great deal about how important it is for victims to give evidence against their employers in court, and that to encourage them to come forward it is important they understand that their continued presence within the United Kingdom will be dependent on their giving evidence against their employers, or assisting the police to ensure that those employers are prosecuted. I hear and understand that point, but it makes no sense.
Karen Bradley
My hon. Friend makes an important point. I have been confused. I thought we were discussing modern slavery, yet I have heard that this is about opening up immigration rules.
Michael Connarty
The Minister is setting up a straw man to knock it down. In the specific case I mentioned, someone is brought to this country and not paid—or given only pocket money, which many of the Kalayaan victims tell me is what happens. They are not physically abused, locked in a cupboard and fed the scraps the dog does not want—they are just not paid. There is a kafala system, in that the domestic visa and passport are held by the employer. Is such a person enslaved or not? I would say yes; does the Minister say no?
Karen Bradley
The hon. Gentleman will know that it would depend on the individual circumstances. It is clear, however, that in the situation he describes, British laws have been broken, so I would expect action to be taken to ensure that that was rectified. The point remains that the right hon. Member for Delyn, speaking for the Opposition, said that he wants the tie to be removed for all employees, even if they are not being abused. That sounds a strange and surprising position to take, given that there is so much concern about loopholes and other ways through which immigration rules can be flouted.
Michael Connarty
In taking evidence about Qatar in the Committee I chair at the Council of Europe, I heard about a case mentioned by the Union of Construction, Allied Trades and Technicians, in which people had their passports taken off them by their employers and were not paid. The person giving evidence said that these people were slaves, and I agree. If that is happening in Qatar and the same is happening in this country—people not being paid by their employers, who are holding their passports—I would say that it is an exact example of slavery in the modern world.
Anas Sarwar (Glasgow Central) (Lab)
I do not intend to speak for very long at all, Madam Deputy Speaker, but I just want to touch on a few aspects, particularly around the supply chain amendments and how they relate to our commitment as a country and as a Government to our international development obligations. It is right that we seek to increase opportunity right across the world, but we have to accept that many of the systems we adopt domestically perpetuate poverty and the cycle of deprivation in some of the poorest and most vulnerable places around the world. One example of that is supply chains.
This debate comes between Fairtrade fortnight and the anniversary of the Rana plaza disaster, when 1,200 workers lost their lives putting together garments, many of which were going to be worn in Britain. That is why these amendments are so important, and I welcome many of the changes that have come from the Government, although I agree with the shadow Minister, my right hon. Friend the Member for Delyn (Mr Hanson), that they could have gone a lot further.
The fact that 80 billion garments a year are produced globally, that there are 168 million child workers and that 85 million of them are working in hazardous conditions and that over 4 million aged between four and 14 are working in India alone shows the scale of the challenge. If we are to be serious about our international obligations, we must make sure our domestic legislation helps to shape and fight for the right things across the world. We must ensure that everyone has access to a decent job, fair pay and the right to join a trade union.
On that point, it is unacceptable in the midst of such a debate, in which I welcome many of the Government’s proposals, that we see the ideological scrapping of central budget support for the International Labour Organisation, which helps to promote workers’ rights around the globe. If we come into government on 7 May—as I hope we will—I am sure we will reverse that funding cut, and I hope a Government of any other colour would do so, too.
I want to say a bit about the sustainability of putting not only voluntary but mandatory entitlements on companies. Companies must meet their full obligations and there should be some kind of certification mechanism for well-behaved companies to be recognised, but bad practice must be exposed and outlawed. That will give the public the same confidence that they have about cocoa, chocolate and wine through Fairtrade fortnight. We should have the same confidence about all those things we acquire from across the globe.
I see that my three minutes have arrived, Madam Deputy Speaker. In closing, I welcome the Government amendments. They could have gone a lot further, but let us hope that this is the start of an opportunity to improve life chances of workers not just here, but across the globe.
Michael Connarty
I echo the positive and cautionary comments that my hon. Friend the Member for Kingston upon Hull North (Diana Johnson) has made today. We have done much to progress this issue, but we still have a long way to go. I want to mark the fact that we did not take the advice of Lord Judge and Peter Carter and that we will not have a cascade of serious offences, so that people will know exactly what they are being judged on and so that judges will know what we want them to do, rather than having to interpret the previous collection of crimes. That, for me, is the most important thing.
I want to talk also about the Connarty-Mactaggart clause. We might even be able to call it the Connarty-Mactaggart-Bradley clause if the Minister were to attach herself to it. If I were to put that in alphabetical order, I would have to put the Minister’s name first, but I do not want to do that as the issue was initiated by my right hon. Friend the Member for Slough (Fiona Mactaggart) in her ten-minute rule Bill and by me in my private Member’s Bill.
I thank the Minister for putting into amendment 73 the six areas of information that an organisation’s slavery and human trafficking statement must include and disclose. The amendment also states that the board of a company must approve such a statement and that it will have to be signed by a director. That provision came from debates in the Bill Committee and in the Joint Committee. Those provisions give strength to what we have been trying to do.