Seasonal Agricultural Workers Scheme

Nick Hurd Excerpts

Tuesday 12th February 2019 Westminster Hall

[The Minister for Policing and the Fire Service (Mr Nick Hurd)]

It is a pleasure to serve under your chairmanship, Mr Owen.

Hon. Members may wonder what the Minister of State for Policing and the Fire Service, who is also the Minister with responsibility for London, is doing here responding to a debate on seasonal agricultural workers. In truth, the Immigration Minister is tied up in a Public Bill Committee and cannot be here. Since we operate the principle of total football in the Home Office, every Minister is meant to be comfortable whatever ball is passed to him or her. Underlying that, my hon. Friend the Member for Boston and Skegness (Matt Warman) made the point that the main thrust of the debate has been the determination to protect people from exploitation and abuse.

I am extremely happy to respond to this debate, and I congratulate the hon. Member for Nottingham North (Alex Norris) not just on calling a debate that has galvanised 16 Members of Parliament from across the country and across parties, but on his passion and his persistent cross-party work on modern slavery since he has been in this place. One of the great beacons of progress I have witnessed in my time in Parliament is the country’s increased understanding of the reality of modern slavery and our determination as a society to combat it. On the Government side, we are proud of the leadership, particularly of the Prime Minister, but I recognise the cross-party determination essential to make the kind of progress we need.

[Gareth Snell]

Given what the Minister says about the Government’s commitment to modern slavery, may I ask, cheekily and slightly tangentially, whether he will have a word with the Leader of the House about finding Government time to debate Lord McColl’s excellent Modern Slavery (Victim Support) Bill, which would give additional support to the victims of modern slavery? That would be another example of cross-party support for tackling modern slavery.

[Mr Hurd]

I congratulate the hon. Gentleman on his cheekiness. I certainly undertake to ensure that the Leader of the House is aware of his intervention.

I will seek to reassure the hon. Member for Nottingham North and others who share his concerns that, in proposing the pilot, we are determined not to risk going back in time or creating loopholes for exploitation. I am delighted to have this period of scrutiny, which is incredibly important to us. I hope I can persuade him that we have addressed most of his concerns.

The hon. Gentleman and others were rightly up front about the need to support some of our fastest growing industries. Of course it is right that we do so, but a balance needs to be struck. He mentioned that how we meet temporary labour needs in the agriculture sector is a long-standing issue. We totally appreciate that farming is a long-term endeavour and that UK growers, like most businesses, place great emphasis on certainty when it comes to workforce planning.

[Priti Patel]

Will the Department write to me and to colleagues about the need for certainty for rural and agricultural businesses, and in particular about looking at examples of other companies and learning from best practice? Can the Minister say how the Department would respond to support the needs of rural businesses should demand exceed the 2,500 places?

[Mr Hurd]

I am certainly happy to look at giving that undertaking, and I totally accept the point my right hon. Friend makes about the opportunity to learn from best practice. Clearly, she believes strongly that that exists in her constituency.

Let me say this about how the Government have risen to the challenge of supporting some of our fastest growing industries with their employment needs: against the backdrop of Brexit, we have set out clear transitional arrangements that will enable UK growers to continue to recruit from the European Union for up to two years after the UK’s exit. It is important to note that those arrangements will apply regardless of whether we leave with or without a deal.

[Steve Double (St Austell and Newquay) (Con)]

The Minister mentioned some of our fastest growing sectors. Will he join me in recognising that the tourism and hospitality sector also has a great need for seasonal workers? We must ensure that we make provision for that sector as well as for agriculture.

[Mr Hurd]

I certainly note that point, and I quite understand where it comes from, given the constituency my hon. Friend represents. I will ensure that the Immigration Minister takes that on board.

As the House knows, we have published an ambitious White Paper, setting out proposals for our future skills-based immigration system. That includes introducing, as a transitional measure, a new temporary short-term workers route to ensure that UK businesses, irrespective of sector, have the staff they need, including seasonal workers, and to help employers move smoothly to the future system. However, this debate is principally about the two-year seasonal workers pilot, which allows non-EU migrants to work on UK farms for six months, specifically in the edible horticultural sector, and I will use the time remaining to focus on the concerns the hon. Member for Nottingham North raised.

We are very clear that we want to support UK businesses, but it is just as important to us that everyone working in our economy is safe and is treated fairly and with respect. Exploiting people for their labour, subjecting them to horrific conditions such as those we have seen in the past, and denying them basic employment rights is of course a form of abuse.

[Vernon Coaker (Gedling) (Lab)]

That is the fundamental point. We must give people not only the right to complain but the confidence to come forward. Will the Minister consider talking to the Immigration Minister about how to give that confidence to people who come to work on these schemes, both when they arrive and before they leave their countries?

[Mr Hurd]

I certainly take on board that point and give that undertaking. We are determined to protect workers from abuse and to crack down on employers who try to profit from exploiting people. The Modern Slavery Act 2015 is a world-leading landmark that gives law enforcement agencies the tools to deal with offenders and provides enhanced protection for victims, but we recognise that the nature of labour exploitation continues to evolve. We believe we are keeping pace with that, having introduced further measures to tackle exploitation through the Immigration Act 2016. We have widened the remit of the Gangmasters and Labour Abuse Authority, giving it new powers under the Police and Criminal Evidence Act 1984 to investigate serious labour market offences, including modern slavery offences, in all sectors. Those principles underpin all our immigration employment arrangements.

Let me turn to the clear and robust protections we have built into the design of the pilot, which were central to the line of inquiry from the hon. Member for Nottingham North. At the heart of those protections is our sponsorship system, which will be used to manage the licensing of the organisations—the scheme operators—selected to manage the pilot. The sponsor licensing system places clear and binding requirements and obligations on scheme operators, including robust responsibilities to ensure the welfare of participating migrant workers. Critically, it also gives the Home Office clear powers to revoke an operator’s licence if it falls short in its duties. That will be underpinned by a robust monitoring and compliance regime, which will include site visits by Home Office sponsor compliance teams.

On the point raised by my right hon. Friend the Member for Witham (Priti Patel), the Home Office is working closely with the GLAA to share best practice for conducting such compliance visits and to share intelligence about our respective findings. We are absolutely determined to get this right. We have no desire to go backwards. We need to learn from the past.

The tier 2 and tier 5 sponsor guidance published by the Home Office on 11 January sets out organisations’ full responsibilities towards their seasonal workers. Those include ensuring that the work environment is safe and complies with all relevant health and safety requirements; that workers are treated fairly by their employer and are not threatened with or subjected to violence; that workers are paid properly, with time off and proper breaks; that workers are housed in hygienic and safe accommodation, although it is not mandatory for workers to live in accommodation provided by their employer; that workers’ passports are not withheld from them; and that procedures are in place to enable migrants to report any concerns and to move to another employer.

Should either of the selected operators fall short in those duties, action will be taken, up to and including the revocation of their sponsor licences. As a prerequisite for becoming a scheme operator, each organisation must hold and maintain licencing from the GLAA. Should a scheme operator lose its GLAA licensing at any point, its sponsor licence will be revoked with immediate effect.

I understand that the issue of debt bondage is of particular concern to the hon. Member for Nottingham North. Placing someone in debt bondage would constitute a failure to comply with the licensing standards and lead to the revocation of the operator’s licence. That in turn would lead to the revocation of its licence to act as a scheme operator. We therefore believe we have the sanctions in place to tackle that unacceptable practice. It is, however, important that we are alive to that risk and remain vigilant to any risk of exploitation.

The hon. Gentleman asked whether the GLAA requires additional resources as a result of the pilot. I reassure him that the pilot is very much business as usual for the GLAA. We believe that an additional 2,500 workers will not place a significant additional burden on it, especially at a time when the sector tells us the overall number of seasonal workers is decreasing.

The Immigration Minister and I would be happy to look at any proposals put forward by Unite, as the hon. Gentleman suggested. I hope he is reassured by the range of protective measures we have put in place and by the clear requirements on scheme operators. We are confident that we have designed the scheme in a way that addresses his concerns.

Question put and agreed to.