Modern Slavery Bill

Lord Hylton Excerpts

Wednesday 25th March 2015 Lords Chamber

Moved by

[Lord Hylton]

As an amendment to Motion A, at end insert “but do propose Amendments 72D, 72E and 72F as amendments to Amendment 72A”.

72D: Clause 56, line 3, leave out from “for” to end of line 14 and insert “overseas domestic workers entering the United Kingdom on the restricted domestic worker visa, including those working for the staff of diplomatic missions, to be entitled to—
(a) change their employer (but not work sector) while in the United Kingdom provided they notify the Secretary of State;(b) renew their domestic worker or diplomatic domestic worker visa, each such renewal being for a period not exceeding twelve months, as long as they remain in employment and are able to support themselves without recourse to public funds;(c) obtain a temporary visa permitting them to live in the United Kingdom for the purposes of seeking alternative employment as an overseas domestic worker where there is evidence that the worker has been a victim of modern slavery.”

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[Lord Hylton (CB)]

My Lords, I offer a big bouquet to the Minister. I pay tribute to his sincere desire to improve the situation for the victims, of whom we have seen far too many over recent years. He has truly shown a listening ear: he has met me and others on many occasions; he has given us the national referral mechanism for domestic workers as well as for trafficked people; he has given us the Ewins review; and now he comes with a government amendment approved by the other place. I am also grateful to the Independent Anti-slavery Commissioner, who has given me time on these issues.

Some might think that I should be content with the Government’s moves, but I shall try to show why I am not. I seek to protect the incoming domestic workers from the first day of their arrival here. What I am proposing is a real improvement on the Government’s amendment, because that amendment takes effect only once the worker has found the national referral mechanism, from which there is no right of appeal. To do so, the worker must first endure a period of abuse and exploitation, then escape, and then find the national referral mechanism.

The government amendment restricts the person to working in a private household, whereas mine will allow him or her to work as a domestic in a hotel or embassy. The Government may say—indeed, the Minister made this point—that the workers will initially be protected by written contracts and information cards to be given to both employer and employee. I argue that all these pieces of paper may be withheld by the employer, just as passports have frequently been withheld up to now. The worst employers are likely just to disregard both contract and card. If my amendment is accepted, employees will know that they have an immediate remedy, just like any other worker. Employers will also know this and will, I believe, modify the worst of their past behaviour.

The Government further argue that the average visitor who brings a tied worker with them stays for only about 15 days. If that is right, then many, or possibly most, incoming workers will simply not be affected by my amendment. They will not seek to change jobs for such a very short period. They will suffer, if they have to, and they will go back with their employer. On the other hand, many employers stay for much longer than 15 days. When they apply for extensions of stay, as they often do, they easily obtain them. Their workers will therefore benefit from this new freedom, which is similar to that enjoyed between 1998 and 2012. I suggest to your Lordships that it is of great importance not to allow the kafala system, which ties the employee to a single named employer, to exist here because it has led to abuse and exploitation in the Gulf and nearby countries where trades unions are seldom allowed. I understand that our Government have sought to get it amended and improved in that part of the world. It should not be allowed to creep in here by the back door, even if the majority of visiting employers behave decently.

At first glance, it may appear that the amendment I am proposing is similar to the one approved by this House on Report on 25 February. In fact, it has been considerably changed to meet points raised by the Government. The first three lines of my amendment have been clarified and now look forward without retrospection. I put in that variation in order to try to meet the Government. Paragraph (a) of the proposed new clause states that workers must notify the Secretary of State if they change employer. This meets the point that they must not just disappear into the general labour pool. They must not expose themselves to being trafficked from one employer to another. They must also not claim state benefits. However, that does not mean that they must find their way to the front door of the Home Office and knock there. Any police station, citizens advice bureau, law centre, specialist NGO, councillor or Member of Parliament will do for the purpose of notification.

Paragraph (b) provides that the visa renewal shall be for not more than 12 months. This gives enough time to secure a reasonable job and bring a case for unpaid wages or damages against the first employer. It also prevents the growth of a pool of people who may eventually qualify for residence here. Paragraph (c) contains the word “evidence”. This means that workers changing employer and seeking to remain temporarily in this country must submit themselves to the national referral mechanism. That will produce a finding on the case and, more importantly—the point already mentioned by the Minister—it should give access to essential support and advice for those who need it. Amendments 72E and 72F are consequential.

My amendment is a compromise, which takes account of all that has been said in both Houses and of discussions with the Minister. It has been carefully crafted, with the best professional advice. I ask the Government to accept it, even at this late hour, and I commend it to your Lordships. If Britain is a “moral community”, as Edmund Burke might have defined it, we cannot condone domestic slavery in our midst. To do so immediately reduces our influence in the world and undermines our soft power. I beg to move.

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[Lord Bates]

“Ample” is an interesting word when we are on the eve of the Dissolution of Parliament. However, there is of course time to do this—that is not the argument. The argument that we and others have put forward is whether this is the amendment that we want. As worded, it will simply mean that lots of people who are already here in the country and are victims of abuse will not be eligible to be covered by its provisions, whereas our amendment is retrospective and covers people who are already here.

The amendment is also defective in that there is a suite of measures, which people in this House have fought long and hard to include in and make available to this victim-focused legislation, available through the national referral mechanism. It is critical that victims get that level of medical and financial support, which is available through the NRM; that is what it is there for and why it has been reviewed and reformed as part of the work that we have done here. Most crucially, the amendment is defective because a serious and considered piece of work is currently going through its process under the widely respected James Ewins. Our argument is that that should be allowed to take its course.

I hope that people attach some weight to what I am about to say. Those who are responsible for this—Shaun Sawyer is leading the charge for us at the national policing level and making sure that those who are guilty are prosecuted—warn that the amendment as worded has the real, inherent danger of, in the words of the right reverend Prelate, not separating the victim from the crime. That is a potential danger. We want to make sure that the victim is protected but we also want to make sure that the perpetrator of the crime does not then continue to abuse other employees who are there.

I sense that the House is filling up and has probably reached a point where it wants to reach a judgment on this. I sense that and accept it, but I would not want the noble Lord, Lord Hylton, or other noble Lords who might be considering their action, to think, first, that the Government have not wrestled with the issue and tried to find a way forward which works for victims. I would not want noble Lords to feel that this is a one-off chance: that if they miss this moment, they will never get the opportunity to act again. We can act again at any time—Immigration Rules can be changed at any time if they are laid before Parliament—and the report will come forward.

There is another reason—I shall finish on this. This is in no way to suggest that we ought to fit in with this timescale, but today is the UN-sponsored International Day of Remembrance of the Victims of Slavery and the Transatlantic Slave Trade. In my view, it is a highly appropriate day to ensure that this momentous piece of legislation, which has been shaped, reformed and improved so much by all parts of your Lordships’ House, goes for Royal Assent and lands on the statute book, to give protection to the victims who need it and to ensure that the perpetrators can practise their crime no more in this country.

[Lord Hylton]

My Lords, I thank the Minister for his careful and comprehensive reply to this debate. I must also express my deep gratitude to those who have spoken to the amendment from all sides of the House, whether they attended to support it or to call it into question.

A great deal of reliance has been put on the forthcoming or already started review. I am sure that it will come up with good recommendations, but we have seen too many reviews lie far too long in the long grass to put a great deal of reliance on that. The view has also been expressed that we need more time for more information. We have had two Joint Committees, which have heard a great deal of evidence. We have had more evidence from a whole range of voluntary organisations. I suggest that the time is now to take a decision. Therefore, I wish to persist, just for today, and I beg leave to seek the opinion of the House.