Asian Restaurateurs (Immigration Enforcement)

Stephen Doughty Excerpts

Wednesday 2nd April 2014 Westminster Hall

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

It is a pleasure to serve under your chairmanship, Mrs Osborne. I thank my hon. Friend the Member for Llanelli (Nia Griffith) for securing such an important debate and allowing me to speak, and I welcome the Under-Secretary of State for the Home Department, the hon. Member for Staffordshire, Moorlands (Karen Bradley) and thank her for her leave to speak in this short debate.

I want to start by making it clear that, like my hon. Friend the Member for Llanelli, I am absolutely committed to ensuring that immigration rules in this country are robustly enforced, and to ensuring that managed migration occurs in a way that is fair, transparent and beneficial for both this country and the individuals involved. The many organisations and businesses that I have spoken to, and that attended the meeting we held the other day, have made it clear that they do not in any way dispute the need for robust immigration enforcement in the catering and retail sectors, or elsewhere in the economy. It is crucial that the House notes that fact. The Asian Catering Federation, the Bangladesh Caterers Association and many other organisations, as well as many individual restaurants and businesses, have made it absolutely clear that illegal immigration undermines their legitimate business and the wider economy. No one wants to see people living and working under the radar, undercutting wages and conditions.

I have received representations at recent meetings and directly from businesses in my constituency, and two major concerns are coming across to me from the Asian restaurant community and, it appears, from throughout Wales. The first, which my hon. Friend mentioned, is the issue of how enforcement operations are conducted. Secondly, the advice and support given to restaurateurs and businesses on ensuring enforcement of, and compliance with, the law is important. It might interest Members to know that I produced a leaflet for businesses in my constituency, which is very diverse, to give advice on how to comply with immigration law. Nevertheless, it is a complex area of law, and although many businesses want to ensure that they are adhering to it, they often do not feel supported in doing so.

My hon. Friend mentioned the concern expressed by a number of businesses that some of them, or, indeed, the sector as a whole, are being disproportionately targeted. That must be addressed. Bearing in mind that concern, I hope that the Minister can furnish us with clear statistics that will help to restore confidence in these operations. I would particularly welcome statistics on the number of enforcement visits that have taken place in Wales, their geographical location and sector, the percentage of such visits that have led to arrests and prosecutions, and the number of premises that have received repeat visits from enforcement officers.

[Mr Jim Cunningham (Coventry South) (Lab)]

First, is not one of the problems that, certainly in my experience, some restaurants have difficulties in finding trained staff? That leads to all sorts of other problems, so it should be looked at. Secondly, there have been too many changes to the immigration law—in fact, some of it is getting confused with terrorist law. It is an area that really should be sorted out, because there have been wholesale changes to immigration law over the years.

[Stephen Doughty]

I thank my hon. Friend for his intervention. I have made it clear to businesses in my constituency that a shortage of or challenge in getting labour is in no way an excuse for flouting immigration laws, and I do not in any way get a sense that any of them wish to do that. In fact, it is quite the opposite: there is wide concern on the issue of the immigration of skilled migrants to this country and ensuring that we have the right laws in place.

I want to concentrate on the two issues I mentioned near the start of my speech. A few themes have come out relating to the conduct of operations. Raids have occurred during busy periods, with diners being disturbed. Equipment has been left operating and staff have not been allowed to switch it off. I have heard of staff not being allowed to switch off woks, tandoors and the gas. Of course, significant stigma and embarrassment is caused, even when no offence has been committed. I am sorry to say so, but it appears that some very heavy-handed tactics have been used, and there have been repeat raids, despite the fact that the operations are supposedly intelligence-led.

I want to mention an example from my constituency about which I have been in dialogue with the Minister for Security and Immigration. Following an enforcement visit to a restaurant in my constituency on 7 November 2013, I was contacted by a number of concerned constituents—including members of my staff—who witnessed the events. I have since been engaged in to-and-fro correspondence with the Home Office that has not resolved the matter to my satisfaction, or, indeed, that of the business.

There was an operation by immigration officers at the premises at around 7.30 in the evening. As well as the restaurant, three of my constituents contacted me to share their concerns about how it was carried out. I would like to read out a couple of their statements. One said to me:

“I am currently sat in the restaurant and the Border Control burst in and told the manager to sit in the public seating area and not move. They then went into the kitchen and made the staff come into the public areas to interview them about their legal status. I think this is disgusting. The staff should have been afforded privacy and been interviewed with dignity. They disrupted the business and then left empty handed.”

Another witness said:

“Immigration officers entered the buildings and gathered the staff at the waiting area at the front of the restaurant. This took place while the restaurant had three or four tables occupied on a Thursday evening. What seemed particularly humiliating for the staff was the fact that they were interviewed in the shop window, so that passersby would be able to observe.”

That was despite there being

“a large number of telephone orders to be collected, and…a queue of customers lined up opposite the waiting area watching the interviews. I understand fully the seriousness of the operation, but I do not believe that questioning people in front of the public in this manner was acceptable and must have caused them much embarrassment.”

That is one of many examples that have been drawn to my attention and that of my hon. Friend the Member for Llanelli. Another, which I will keep anonymised, involved 13 immigration officers and two police officers attending a restaurant in which I have eaten a number of times. They were there from 6.30 to 9.30 in the evening. Allegedly, people were detained in a corridor and not allowed to switch off the gas, while a pencil was taken from a staff member with the suggestion that it might have been used as a weapon. Another allegation was that handcuffs were used. I have no way of independently verifying that but, unfortunately, given the number of examples cited, I am worried that there appears to be a trend in such operations. The witnesses I know are certainly absolutely truthful and would not want to mislead the House or, indeed, the authorities.

For the record, the dialogue with immigration officials in Cardiff to date has been welcome. Many of the restaurant owners and associations wanted that on the record, but the cancellation with a day’s notice of the attendance of senior officials at a meeting with me, other Members of this House and more than 30 restaurant owners from throughout Wales has not done a lot to continue that good and fruitful engagement. Despite repeated attempts, I have been unable to make contact with the officers who were due to attend.

In conclusion, I have three key points for the Minister to address: first, the conduct of the operations; secondly, the support for restaurateurs to help them to comply with the law, as they wish to; and, thirdly and most crucially at this time, reassurance that neither the sector nor specific restaurants are being targeted in any way.