Convention on Domestic Workers

Debate between Nia Griffith and Fiona Mactaggart

Wednesday 29th June 2011 Westminster Hall

[Nia Griffith]

It is appropriate to endorse what is in the convention. The convention seeks to sort the issue out and find what is suitable.

[Fiona Mactaggart]

The Health and Safety at Works etc. Act 1974 does apply to domestic workers. The only exception relates to criminal legal sanctions. We know that in practice the Act is already enforced differently for small employers and large employers. Therefore, in response to the hon. Member for South West Bedfordshire (Andrew Selous), it would be perfectly proper for the Act to be imposed more lightly in a domestic workplace with only one worker than it would be in a big workplace with dangerous machinery and many workers. That is already the case in Britain. My view is that the Government are trumpeting an excuse.

[Nia Griffith]

I thank my hon. Friend for her excellent explanation. Let us move on to recommendation 20, which states:

“Members should consider additional measures to ensure the effective protection of migrant domestic workers’ rights, such as…providing for a system of visits to households in which migrant domestic workers will be employed”.

The emphasis in the recommendation is on looking into and trying to find out the best way to deal with the matter. What has the Minister done, for example, to find out what happens in Finland or Ireland? What has he done to find out what happens in other countries, so that we can learn from those models, look into the best ways of dealing with the matter—best practice—and achieve improvements in standards?

The Government’s actions so far send a stark message to the world. By not supporting the convention, the Government are sending a bleak message to domestic workers not only in the UK, but throughout the world—perhaps 100 million people, who in some countries constitute up to 12% of the work force. The UK still commands considerable respect in the world, but at a time when the convention has been supported by 173 countries, including the US and almost all of the EU bloc, the Government seem to be suggesting that they will not stand up for the idea of extending to domestic workers the same basic rights as those enjoyed by workers throughout the economy. That is sending a very gloomy message to the world.

I would like to ask the Minister a few questions before I finish. Will he explain exactly why the UK chose to abstain from voting for the convention? It would have formed the basis for the UK to improve protection for domestic workers in the UK and would have shown leadership to the many countries in the world that still respect the UK and whose Governments may be trying to ratify the convention in very challenging circumstances.

Media reports quoted the Minister’s Department as saying that the Government would not be ratifying the convention to bind the UK by its rules “for the foreseeable future” and so they felt that it would be wrong to vote for it at all, but why do they not intend to ratify it for the foreseeable future? Is it just a low priority? Is it that no one in the Government wants to work out how existing UK law can be extended to cover domestic workers? That is what the convention is about—extending existing UK law. After all the times that hon. Members on both sides of the House have raised the related issue of the EU directive on human trafficking, are the Government still not aware of how much concern there is about this issue?

Will the Minister explain why a spokesperson for his Department is quoted in the press as saying that the Government “strongly support” the principles enshrined in the convention and that the UK

“already provides comprehensive employment and social protections to domestic workers”

when there is clearly plenty of evidence to show that, in reality, domestic workers do not always enjoy such rights and benefits?

What is the real reason behind the Government’s decision? Is it a complete phobia of anything that might look like a regulation, and the hollow-sounding promise on regulation? This year, it has been a case not of one in, one out, but of 53 in and three out. Are the Government succumbing to the constant demands from their Back Benchers, the hon. Members for Shipley (Philip Davies) and for Christchurch (Mr Chope), who regularly propose scrapping the minimum wage and heap ridicule on measures to protect workers from exploitation? I sincerely hope not.

Now that the UK has not voted for the convention, what do the Government intend to do to improve the rights of domestic workers in the UK? Having abstained in the ILO vote, how can the UK Government play a positive role in encouraging other countries to ratify the convention? Can the Minister confirm whether it is true that in the negotiations, the UK also asked to be officially disassociated from an agreed EU position on encouraging countries to consider adopting voluntary codes to cover incidents of abuse of domestic workers by their diplomats while posted abroad? I ask that in the light of a report this week in The Guardian, which states:

“The US state department has expressed concern about the abuse of domestic staff working in foreign embassies in London, saying repeated allegations of mistreatment have not been addressed by the government.”

That is a very serious accusation indeed.

If the legislation and the reality are already better than what is required by the convention, what is the problem with signing up to it? If we are saying that our existing laws are too good to be extended to domestic workers, I find that disgraceful. If we are not yet in a position to meet all the demands of the convention, surely it would be an aspiration to work towards and we should look towards ratifying it. Will the Minister explain why the Government have chosen to put us in an extremely embarrassing position in the world by not signing up, sending out a very negative message to workers both in this country and abroad?