Asian Restaurateurs (Immigration Enforcement)

Nia Griffith Excerpts

Wednesday 2nd April 2014 Westminster Hall

[Nia Griffith (Llanelli) (Lab)]

I am grateful to have been afforded the opportunity to raise the treatment of Asian restaurateurs by immigration enforcement officers. I seek to make this a constructive debate on a very difficult issue, and I genuinely hope that it will lead to a more productive relationship between Asian restaurant owners and immigration enforcement officers.

[Kevin Brennan (Cardiff West) (Lab)]

My hon. Friend is absolutely right to try to make this a constructive debate. Of course, I know that hard-working immigration officers have to do their job, but was she as disturbed as I was when a group of restaurant owners came to the House of Commons last week and described some of the ways in which they and their staff were being treated? Should not the Minister explain why that must not happen again?

[Nia Griffith]

That is a good point. It was distressing to hear some of the stories that we heard last week, which is why I have secured the debate. The meeting that was held last week brought a delegation of Asian restaurant owners from south Wales to the Houses of Parliament for a meeting arranged by my hon. Friend the Member for Cardiff South and Penarth (Stephen Doughty). He had invited representatives from the immigration enforcement service to attend, but they were unfortunately unable to do so at short notice. However, my right hon. Friend the Member for Delyn (Mr Hanson), Labour’s shadow Immigration Minister, attended, and I am grateful for his presence today, even though the rules of debate mean that he does not have an opportunity to make the case from the Opposition Front Bench.

As my right hon. Friend the shadow Minister said last week, we all agree that we need strict border security and proper enforcement of immigration rules, but the way in which some Asian restaurant owners have been treated by immigration enforcement officers is nothing short of disgraceful, and it is damaging to business. Times are tough, so to have immigration officers arriving at 7 o’clock on a Friday evening, causing distress among the customers, slamming the doors and handcuffing the chefs before they can even turn off the cookers is simply not acceptable. It causes not only immense financial loss on the evening in question, but irreparable damage to the reputation of that restaurant, particularly in a small town, and it will take years to rebuild customers’ confidence in returning to the restaurant. That is an acute embarrassment. Sadly, in some cases, it was even found that there were no substantive grounds for going there in the first place, so it was a complete waste of taxpayers’ money.

The debate coincides with the publication last month of the report by the independent chief inspector of borders and immigration on the use of the power to enter business premises without a magistrate’s search warrant. The report makes the point that two thirds of visits to business premises lack the necessary justification. Although the report focuses on a particular issue, it highlights more general points, such as widespread non-compliance with the guidance and lack of oversight procedures by senior management, who seem to have quite limited knowledge of the power as it is being used in practice. The report highlights visits on purely speculative grounds and inadequate staff training. It mentions that significant numbers of staff and management were either ignorant of, or choosing to ignore, the guidance. It also highlights a lack of understanding of what constitute suitable grounds for a visit, and gives an example of how an allegation should be backed up by any available data from, for example, Her Majesty’s Revenue and Customs.

[Jessica Morden (Newport East) (Lab)]

My hon. Friend talks about restaurants, but shops are also getting caught up in the problem. A judge recently threw out a case relating to a business in my constituency, and when the business was finally awarded costs, it received a fresh visit from immigration enforcement officers the next day. Although we all want the authorities to carry out their jobs properly, does she see how a business might feel particularly targeted in such circumstances?

[Nia Griffith]

My hon. Friend describes a distressing case. That procedure being repeated unnecessarily was not only distressing for the shop owner but a waste of public money. In fairness, the inspector says in his report that the Home Office began to look at procedures that he was highlighting as he carried out the inspection, but there is clearly a lot of work to be done in that respect. Last week, we heard about the distressing nature of the raids. We also heard about immigration officers inspecting documents, saying that they were okay and then returning two weeks later to say that they were not okay. If the immigration officer himself or herself cannot identify the documents, it puts the restaurant owner in a difficult place.

The Asian Catering Federation says that the problem applies not only to Indian restaurants but to Chinese takeaways and Malaysian, Sri Lankan, Thai, Vietnamese, Pakistani and Japanese restaurants. The federation stresses that it wants to co-operate and that the matter is extremely important to it.

I turn briefly to what needs to be done. First, there must be continued dialogue with the restaurant owners. The federation said that whereas previous visits had taken the form of terrorist-type raids, some progress had been made. None the less, what restaurants are still experiencing—the shutting down of restaurants at peak time, and the aggressive approach of the enforcement officers, who give them no opportunity to explain to customers what is happening or even to answer the phone—has been extremely damaging to their businesses. That is the first thing: we need continued dialogue, because law enforcement is always better with collaboration and not antagonism.

Secondly, the concerns in the report clearly must be addressed. Thirdly, the whole issue of reasonable grounds for visits must be looked into: why have these visits been decided on in the first place? My hon. Friend the Member for Newport East (Jessica Morden) gave a clear example relating to that. The Asian Catering Federation wants to co-operate and give the required information, but it must be done in a way that works for businesses, as well as for the immigration enforcement service.

I would like the Minister to look into the matter thoroughly and take very seriously the distress and problems caused to the industry, which is a phenomenal success story in bringing money into the British economy. I hope that she tries to find ways in which immigration enforcement can be properly carried out without disruption to many businesses that, in tough times and particularly in less well-off areas, are finding it difficult to keep going.

--- Later in debate ---

[Karen Bradley]

I cannot answer specifically on that meeting, but there is an excellent relationship with the Bangladesh Caterers Association. That is a prime example of the relationship that officials have with restaurateurs. Regional events take place regularly involving both immigration enforcement and the BCA. The previous Immigration Minister, my hon. Friend the Member for Forest of Dean (Mr Harper), met the London Chinatown Chinese Association, which agreed to co-operate with us. We offered it help, saying that if it co-operated with us and helped us to identify illegal workers, we could then speak to those workers instead of conducting raids at peak times. That relationship has since been working well.

[Nia Griffith]

I understand what the Minister is saying, but one of the issues highlighted in the inspector’s report is the lack of understanding by senior managers of what is happening on the ground. Could it be that, while there is dialogue between a certain level of official and, for example, the BCA, what is happening on the ground does not necessarily reflect those talks?

[Karen Bradley]

I conducted lengthy discussions with officials in preparation for this debate, and I have been assured and reassured that officials are working hard with the bodies that represent restaurateurs, and that there is a great deal of co-operation between, and a desire to co-operate on, both sides. We want to make enforcement work.

It is undeniable that, in the industry, there is opportunity for the exploitation of workers who are here illegally, which we need to deal with and tackle. However, the hon. Lady is absolutely right: the best way to do that is by co-operation, which we are actively ensuring. Where concerns have been raised by restaurateurs—for example, regarding simplifying documentation checks for overseas workers—we have considered them and sought to introduce change where appropriate. For instance, we are reducing the list of documents that employers have to present at right-to-work checks. The first changes will be introduced at the end of April. In the longer term, we intend to focus the checking system for non-European economic area nationals on the biometric residence permit.

While employers sometimes raise concerns about our approach, there is also broad support from legitimate employers for proactive enforcement action against rogue employers, who are competing unfairly against them. Like the rest of the public, legitimate employers have concerns about illegal immigration and support the aspirations of hard-working people from the UK. They experience at first hand how businesses are undercut by illegal cost-cutting activity, and recognise that it is often associated with exploitative behaviour such as tax evasion and harmful working conditions.