Modern Slavery Bill

David Hanson Excerpts

Tuesday 17th March 2015 Commons Chamber

[Karen Bradley]

I want to understand what is happening with the visa and to ensure that we do not import abuse. The fact is that we need to find the evidence and we need to understand the problem. That is why we have instigated the review and why we are taking the steps that we are taking today.

[Mr David Hanson (Delyn) (Lab)]

The Minister has just indicated to the House that the person who will look at this issue was the adviser to the Modern Slavery Bill pre-legislative scrutiny Committee. As she will know, that Committee advised the Government to accept the changes that are being proposed today.

[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.

--- Later in debate ---

I ask the House to focus today on the issue at the heart of the Bill: the protection of victims. I ask the House to pass this substantial additional support for overseas domestic workers who are victims of modern slavery and get the message out to overseas domestic workers that they can now come forward with even greater confidence if they suffer abuse. I am determined to work with NGOs, the Churches, the national referral mechanism and first responders to get that message out there. We will ensure that employers are aware that they could face life imprisonment if they abuse their staff.

[Mr Hanson]

I welcome this debate, which is the latest in a number of debates we have had on this issue. As the Minister knows, there have been long and detailed discussions in Committee, in the House of Lords and again today. Despite her valiant attempts today to convince the House of the Government’s position, she has not yet managed to convince those who work with the victims of overseas domestic worker abuse. She has not convinced the charity Kalayaan, Human Rights Watch, Amnesty International, Anti-Slavery International, Liberty, Unite the union or the House of Lords, and she has not convinced me, my newly right hon. Friend the Member for Slough (Fiona Mactaggart)—congratulations to her—or my right hon. Friend the Member for Birkenhead (Mr Field), whom I am pleased to see in his place.

[Karen Bradley]

The right hon. Gentleman fails to mention that I have managed to convince the Equality and Human Rights Commission. [Interruption.] It has said that it supports the Government’s position and recommends that our amendment should be accepted.

[Mr Hanson]

rose—

[Mr Speaker]

Order. I should congratulate the right hon. Member for Slough (Fiona Mactaggart) on her elevation to the Privy Council, despite her use of the word “shocking” three times in succession just now. She has been so elevated and is now a celebrated denizen of the House.

[Mr Hanson]

I wish to speak in support of Lords amendment 72 and try once again, alongside my right hon. and hon. Friends, to convince the Government that it would be in the best interests of overseas domestic workers. Today we revisit the regulations on overseas domestic workers that the Government changed in April 2012. Although the intention behind that change can be debated, I think that even the Minister would accept that the consequences have been dire. Domestic workers who come here from overseas are now tied to an employer, which in practice means that those who suffer abuse will immediately lose their right to reside in the UK if they escape the situation and seek help away from their employer. I believe that that disincentivises them from seeking help from the authorities in the first place because they fear being deported, and that allows abuse to become widespread and perpetrators to carry on uncontested.

The charity Kalayaan has done a great deal of detailed work to support overseas domestic workers, and the Minister knows of the statistics it has collated. It found that, of the workers who contacted it, 62% of the domestic workers who came on a tied visa were paid no salary at all, compared with 14% on the original visa, 96% were not allowed out of the house unsupervised and 74% faced psychological abuse. Those statistics are a small snapshot of what is a deeply difficult experience for too many overseas domestic workers in the United Kingdom.

If it was only Kalayaan saying that, it would be an indication from a respected charity, but the Minister knows—we have had this debate before—that a number of organisations have been considering this for some time. The Joint Committee on Human Rights has echoed the call for the review that Lords amendment 72 would effectively give. It states:

“We regard the removal of the right of an overseas domestic worker to change employer as a backward step in the protection of migrant domestic workers”.

The Minister and the Home Secretary produced the draft Bill and, helpfully, established the Joint Committee on the Draft Modern Slavery Bill, chaired by my right hon. Friend the Member for Birkenhead, to ensure that they looked at those issues and got the Bill right. The Committee included a number of notable peers from across the House of Lords: Baroness Butler-Sloss, the Bishop of Derby, Baroness Doocey, Baroness Hanham, Baroness Kennedy of Cradley, Lord McColl of Dulwich and Lord Warner. The Members from this House were the hon. Member for Congleton (Fiona Bruce), my hon. Friend the Member for Linlithgow and East Falkirk (Michael Connarty), my right hon. Friend the Member for Slough and the right hon. Members for Uxbridge and South Ruislip (Sir John Randall), for Meriden (Mrs Spelman) and for Hazel Grove (Sir Andrew Stunell). That cross-section of individuals looked at the matter in detail and concluded that the overseas domestic workers visa has

“unintentionally strengthened the hand of the slave master against the victim of slavery. The moral case for revisiting this issue is urgent and overwhelming”.

It called on the Government to take immediate action.

The Opposition tried to provide that immediate action in response to the Government’s lack of response to that particular aspect of the Joint Committee’s report. We tabled an amendment in Committee and had a good discussion about it. Mr Speaker, you know how difficult it is for an Opposition to get even close to winning votes upstairs in Committee. On the day in question, the result of the vote was nine-all, so it was decided by the Chair, the hon. Member for The Wrekin (Mark Pritchard), who voted for the status quo, in accordance with precedent. The Government hand-picked a Committee but still ended up with a nine-all draw on an issue recommended on a cross-party basis by Members of both Houses. I think that shows the strength and integrity of the issue before us today.

[Mrs Caroline Spelman (Meriden) (Con)]

Surely the Joint Committee’s point about the moral case for revisiting the issue has been taken up, because that is precisely what the Government have just ordered because of the complexity of the issue and the changes they have made. Surely the tight vote to which the right hon. Gentleman refers is evidence of the fact that both sides of the House want the issue to be looked at in great detail in the review.

[Mr Hanson]

Let me reassure the right hon. Lady that we seek to support the Lords in their amendment. If the House divides on the issue later today and the Division is lost, we will certainly support the Government’s proposals to carry forward the review, because we do not wish to see that stopped. However, I think that it is important to reflect on what the right hon. Member for Uxbridge and South Ruislip, a former Government Deputy Chief Whip, said: there are too many victims for us to say that this is a matter for another day. The Government’s proposal would put the matter off for another day. I do not think that that other day should await the outcome of the general election; we should do it now. The Government have a clear view from the Lords, given the vote that was won by Lord Hylton, an independent peer, a few weeks ago, when the Government were defeated.

[Chloe Smith (Norwich North) (Con)]

On the subject of waiting for another day, is there not a problem with Lords amendment 72? If a victim of slavery left their current employer and that employer was able to go on to abuse more victims, both that day and another day, the Lords amendment would do little to tackle that, whereas the Government’s amendment in lieu would do that, because it would prevent victims from being left for another day.

[Mr Hanson]

There is the National Crime Agency, there is legislation against abuse and, as Kalayaan has said, there is a large number of overseas domestic workers who are currently not paid a penny. If the hon. Lady found somebody who had left their employment, was able to untie their visa and move on and who could still pass on reports on the national minimum wage or other issues to the National Crime Agency, the Lords amendment would not stop that aspect being enforced. There is a national minimum wage now and it should be enforced. There is a National Crime Agency if people are undergoing abuse. The amendment would allow people to switch employers and ultimately, if they wished to do so, make a report and recommendations to a proper authority. At this point we need to get to the basics of how to untie the visa so that individuals can leave and avoid abuse.

[Sir Andrew Stunell (Hazel Grove) (LD)]

The evidence that we took in Committee was that these are very frightened and vulnerable people who will run a long way from the authorities. Does the right hon. Gentleman think there is some merit in a mechanism whereby, if they require to take advantage of the concession, they are also required to clock on, so to speak, with the law enforcement agencies?

[Mr Hanson]

I might have been able to take the right hon. Gentleman at his word, had he not joined in the recommendation from my right hon. Friend the Member for Birkenhead in the Committee. When I tabled in Committee word for word what he voted for in the draft Bill, he voted against it. With due respect to the right hon. Gentleman, he had his chance to put his case in Committee. We did not get this measure through the Bill Committee because he chose to vote with the Government, rather than for what he had recommended as part of the Joint Committee.

Lord Hylton said in the debate in the other place:

“There can be no doubt that domestic workers tied to one employer and living on his premises are extremely vulnerable.”

Baroness Hanham, a Conservative, said in the same debate:

“In this 21st century it is absolutely unacceptable that people are coming in to this country tied to an employer, unable to do anything for themselves and absolutely under the instruction of the person for whom they are working”—[Official Report, House of Lords, 25 February 2015; Vol. 759, c. 1690-93.]

Peer after peer, MP after MP, and my right hon. and hon. Friends in their submissions to date have said that the Government’s approach is wrong-headed and that they need to rethink it urgently.

If Lords amendment 72 is defeated, we will reluctantly not oppose the Government’s amendment in lieu. We will contribute to the debate. Should I be the Minister after May, which is entirely a matter for the electorate, I will revisit the principles that we are examining in relation to Lords amendment 72. As has been pointed out by my right hon. Friend the Member for Slough and my hon. Friend the Member for Islington South and Finsbury (Emily Thornberry), the Government’s amendment gives someone who has been determined to be a victim of slavery or human trafficking through the national referral mechanism the ability to change their employer. It does not untie the visa for all. It means that overseas domestic workers would need to meet a high threshold to prove that they had been victims of modern slavery.

[Karen Bradley]

We are debating the Modern Slavery Bill, aren’t we? What we are looking at here is how we protect victims of slavery, irrespective of their visa. If we give somebody the right to come to Britain on one of these visas and then they are abused as a slave, I want to make sure that we give them the right support. That is what we are debating today and that is what I want to achieve.

[Mr Hanson]

I am grateful. There is no disagreement between us, but the issue for me is still the position with regard to the tied visa. I do not think that the Government’s proposal in the long term, following the review that was undertaken effectively on a cross-party basis by my right hon. Friend the Member for Birkenhead, is sufficient for the purpose.

[Chloe Smith]

The right hon. Gentleman’s words belie him. Just a few sentences ago he said he wanted to unpick that visa knot for others. With the greatest respect, it is not those others that we are discussing today; it is the victims of slavery, as my hon. Friend the Minister has just said. Does the right hon. Gentleman want to do more or does he want to do what she outlined?

[Mr Hanson]

With due respect to the hon. Lady, under the Government’s proposal an individual would have to find a way to report themselves and to activate the national referral mechanism and get involved in that, at a time when they are working for an employer. The principle that I want to support is movement on untying the visa.

[Karen Bradley]

If somebody is unable to get to an authority to report themselves as a victim of slavery when there are helplines in place, and first responders, such as people in public bodies and others who are available, how does the right hon. Gentleman think they can change their employer?

[Mr Hanson]

It is important that they have the ability to do so.

I come back to my starting point. If the hon. Lady’s position is so strong, why are Kalayaan, Amnesty International, the anti-slavery organisations, Liberty, Unite the union and other organisations involved in supporting the people whom she is trying to protect saying to her today from outside the Chamber, “The Government have got this wrong.” The Government have indeed got this wrong. They need to support amendment 72 and ensure that we deal with the issue in a fair and appropriate way.

For example, let me give the Minister one quote from Amnesty International. Anybody in the House will accept that Amnesty International is a respected organisation. Amnesty said to me in an e-mail only last night:

“We are gravely concerned at the amendment now put forward by the Government. Not only does this not provide any improvement in the position of these workers, but it would place on the statute book a regime under which overseas domestic worker victims of human trafficking and slavery would be provided with less protection than other such victims within the existing National Referral Mechanism system.”

The hon. Lady says that that is not the case. I contend that if Amnesty International is criticising the Government, if the other organisations are doing so, if the House of Lords has said that the Government are wrong and if a cross-party royal commission which has looked at the Bill has said that the Government need to change their position now, the Government need to consider that.

There will be no right of appeal against a negative decision and no legal aid. Many of the people involved have limited English, are poor and vulnerable, and are being abused by rich and powerful people. The challenges are too great to place upon them. We have an opportunity today to give the House of Lords our support, to put in place this measure which will ensure that the visa is untied and that a level of protection is available. There is still the possibility of tackling issues to do with the minimum wage and other exploitation and to take both criminal action and civil enforcement action outside this Chamber through the anti-slavery commissioner and other aspects of the Bill. The hon. Lady has the chance to do that today, and I hope she will take it.

[Karen Bradley]

The right hon. Gentleman is very generous in allowing me to intervene. He hits the nail on the head when he talks about the vulnerability of the victims. We are talking about people who are in an incredibly vulnerable situation and about their chances of making a reasonable and logical decision to move to a non-abusive employer, when the risk is that they will go back to more slavery, more abuse and more servitude, and with the employer they have just escaped from being able to put somebody else into servitude. I think that that risk is too great for us to take. We need to help those people. We need to find them. I fully accept the challenges of finding victims and bringing this crime out into the open, but we are not going to do it if we brush it under the carpet and just let the victims change employers.

[Mr Hanson]

There is a disagreement between us, as ever. That is the nature of the debate that we have in the House. I support the Government in trying to tackle long-term abuse by poor employers. I support the Government in trying to drive out abuse carried out through pay and conditions. I hope the National Crime Agency, the anti-slavery commissioner and others will work hard to do that. The difference between us today is the question of the tied visa for employment. The House of Lords, the Committee chaired by my right hon. Friend the Member for Birkenhead, and the charities and organisations outside the House that are working on this issue believe that the Government should accept the Lords amendment. So do I.

[Mark Durkan (Foyle) (SDLP)]

rose—

[Mr Hanson]

I was about to commend my point of view to the House, but I cannot resist an intervention from my hon. Friend.

[Mark Durkan]

Does the right hon. Gentleman recognise that the Minister has said that the employers could go on to employ someone else and subject them to abuse? Does that not expose the risk of the tied visa system? The abuse that the Minister is referring to is an abuse that stems from the tied visa. That is what we need to eradicate.

[Mr Hanson]

I am eternally grateful that I allowed my hon. Friend to intervene and I am grateful for his support in Committee when we debated this matter. He has helpfully cemented the central argument that the tied visa is a wrong-headed approach. There were challenges before April 2012; undoubtedly there will always be challenges in this type of situation. However, the tied visa exacerbates it. We have to make this change. I hope that the Government will listen, but if they do not—

[Emily Thornberry]

Governments have been talking for years about bringing in a modern slavery Bill. Does my right hon. Friend agree that it is unfortunate that in the last gasp of this Government, they have brought a Bill before the House that will still not address one of the most important aspects of modern slavery?

[Mr Hanson]

I remind the House that in taking the position that they have today, the Government are rejecting the cross-party recommendation from my right hon. Friend the Member for Birkenhead and his Committee; rejecting the discussions we had in the Modern Slavery Bill Committee that resulted in a nine-to-nine vote with the Chair casting his vote in favour of the Government; rejecting the will of another place, where a cross-party group of MPs led by Lord Hylton tabled this amendment; and rejecting the advice of every organisation involved in dealing with this issue outside this House.

That is for the Government to determine. I am simply saying that if, by the end of this debate, they do not change their mind, I will ask my right hon. and hon. Friends to support the House of Lords amendment and, if that is defeated, reluctantly accept the Government’s late, compromise, dragged-out proposal.

[Caroline Nokes (Romsey and Southampton North) (Con)]

Thank you, Madam Deputy Speaker, for the opportunity to speak in this debate on amendments to the Modern Slavery Bill—a critical Bill that will have far-reaching consequences for those who seek to abuse, and indeed have abused, and those who have suffered from that abuse. I was pleased to able to serve on the Committee that scrutinised the Bill, and I can honestly say that it did so in depth and very carefully. I pay tribute to my hon. Friend the Minister for her commitment to this issue and her determination to get this vital piece of anti-slavery legislation on to the statute book.

I recognise that amendment 72, tabled by the noble Lord Hylton, has the very best of intentions, but as my hon. Friend said the most important thing is to get this Bill on to the statute book before Parliament is dissolved in just over a week’s time. If we leave it any later—if the Lords continue to press these amendments—I fear we will lose the Bill altogether and its important work will be undone. Abusers will be safe from the law, while the poor and vulnerable they abuse will have less protection under it.

[Mr Hanson]

Let me assure the hon. Lady, on behalf of Her Majesty’s Opposition, that we will do nothing to stop the passage of this Bill if the Lords accept the amendment in due course.