Inshore Industry Fishing Crews: Visas

Stephen Kinnock Excerpts

Thursday 25th May 2023 Westminster Hall

[Stephen Kinnock (Aberavon) (Lab)]

It is a pleasure to serve under your chairship, Mr Vickers. I pay tribute to the hon. Member for Strangford (Jim Shannon) for securing the debate, and for his determined and relentless advocacy on an issue that is of the utmost importance to his fishing community and to fishing communities across the whole of the United Kingdom. He has explained that some 600 jobs could be at risk across these areas as a result of problems caused by the end of the transitional arrangements. He has also clearly set out that persistent efforts to reach some accommodation with Ministers to soften the blow of those changes appear to have fallen on deaf ears.

I also thank the right hon. Member for Orkney and Shetland (Mr Carmichael), and the hon. Members for Totnes (Anthony Mangnall), for Banff and Buchan (David Duguid) and for Argyll and Bute (Brendan O'Hara) for making excellent contributions.

I have a couple of brief points on the principles that underpin the Opposition’s approach to the points-based system. First, we support it; it was, in fact, created by a Labour Government in 2008. We believe, however, that it is being mismanaged, and there are real opportunities for improvement. Secondly, migrant workers play a vital role in our economy, but it is clear that the reason employers are having to go abroad is that for 13 years we have seen Governments failing to train Britain’s home-grown talent to fill the 1 million vacancies we have. We have 7 million people on NHS waiting lists in England alone. Thirdly, the Labour party wants the net migration number to come down. We want to see our public and private sectors recruit and train more home-grown talent to fill vacancies before looking overseas. That is why we have set out practical plans to deliver a skills agenda that gets people back into the labour market and workforce and brings down NHS waiting times. Those are the three principles that underpin our approach to the issue.

I will now turn to the specific focus of this debate. I was particularly struck by an industry overview published by the Sea Fish Industry Authority last year, which noted:

“Across the supply chain, businesses raised issues with the Skilled Worker Visa route as a solution to labour shortages. This option was seen as prohibitively expensive, especially for small businesses. Businesses also reported that the application system was slow and difficult to use. The high English language requirement for the visa was seen as prohibitive by many businesses. As a result, some industry groups began exploring avenues to recruiting workers from countries where English is an official language, such as Belize.”.

The Government’s position, as set out in section 43 of Nationality and Borders Act 2022, is that foreign nationals require sponsored visas under the points-based system. However, in recognition of the fact that many crews have been incorrectly relying on transit visas rather than work visas, the Government agreed to delay implementation of section 43. Then, on 20 April this year, in response to an urgent question from the right hon. Member for Orkney and Shetland, the Home Office confirmed that the six-month delay would not be extended.

We are now in a situation where a number of really important questions need to be answered. I would like to hear from the Minister on the following points. The Government have said that the rules in effect from last month are intended to encourage employers in the fishing industry to recruit locally if possible. Can the Minister tell us what recent assessment he has made of the extent to which the current workforce requirements of the fishing industry have been met by recruiting domestic workers? Secondly, what specific steps are the Government taking to provide the necessary training opportunities for UK nationals to take on skilled jobs on fishing vessels?

Thirdly, during the passage of the Nationality and Borders Act 2022, the hon. Member for Corby (Tom Pursglove), who was Immigration Minister at the time, said that the codification of Government policy on visa requirements for fishing vessels in section 43 was likely to have a “negligible” impact. Based on the information now available to the Government, was that a reasonable assumption?

Fourthly, what measures have the Government put in place to monitor the effects of the transition to the new system? Specifically, will Ministers commit to ensuring that there is robust, ongoing analysis of the impact on workforce supply and the UK’s food security more broadly?

Fifthly, since the relevant changes came into force last month, how many applications has the Home Office received from employers in the fishing sector for sponsor licences and skilled workers visas? How many of those applications have already been granted and how many are still outstanding?

Sixthly, what does the initial evidence tell us about the degree to which meeting the English language requirements continues to pose particular challenges to would-be visa sponsors?

Seventhly, will the Minister update us on what progress the Government and/or their contractors working overseas have made towards ensuring adequate provision of the requisite English language training for prospective workers in countries such as the Philippines, Sri Lanka and others that Members have highlighted?

A major part of the Government’s justification for refusing to extend the transition period is the argument that the English language requirements under the skilled worker route are an important means of protecting migrant workers against abuses in the workplace. Will the Minister therefore explain why his party’s manifesto commitment to establish a single enforcement body for labour market abuses remains unfulfilled? Will he also give an unambiguous commitment to fulfilling that manifesto pledge before the next general election?

The fishing industry is a vital part of our economy, our food security and our broader national story. The current system simply is not working, and the Government should get on and fix it.

--- Later in debate ---

[Robert Jenrick]

I am grateful for that. The point is registered. I will make inquiries and revert to all hon. Members present who are interested.

I turn to the point raised by the hon. Member for Strangford about English language requirements. In our 2019 manifesto, we committed to prioritising people who have a good grasp of English in our visa system. The English language requirement is fundamental to successful integration into British society, helping visa holders to participate in community life and work. As the hon. Member noted, the level we set is B1, or lower intermediate English, from the common European framework of reference for languages. That level of English is applied for skilled worker visas without exception, unless the applicant can prove that they are from a majority English-speaking country, of which there are some that provide fishermen and women to UK businesses.

My hon. Friend the Member for Totnes said that workers from Belize, which is an English-speaking country, come to the UK in some numbers. That level is not fluency, but it is the ability to understand and deal with the main points likely to arise in conversation on matters relating to work, school, leisure and so on. Without that level, applicants may struggle to support themselves and their families in the UK.

A good grasp of English can also be important in the workplace, particularly in busy or potentially dangerous environments, and to fulfil health and safety requirements. Workers who do not have a good command of English are more likely to be vulnerable to exploitation and less able to understand their rights. That is vital in a sector that, as we have just noted, has had some issues with labour market abuses.

[Stephen Kinnock]

On labour market abuses, will the Minister set out the timeline for his Government’s implementation of their manifesto pledge to create a single integrated labour market enforcement authority?

[Robert Jenrick]

We do not have a timetable at present, but we are working with the relevant stakeholders, such as the Gangmasters and Labour Abuse Authority, which deals with abuses onshore, rather than offshore, to find the right approach to protect workers in all settings. I am happy to update the hon. Gentleman further on the likely timescales for that.

I would be happy to consider the proposal of the hon. Member for Strangford, which he set out well, although I do not want to give false hope that we are certain to take it forward. For the reasons I set out, we have principled arguments for maintaining a good degree of English. All of us, including the hon. Gentleman, care about preventing exploitation. We want the people who come to this country to speak a good degree of English, and we want to ensure that we have a well-integrated and cohesive country. As a matter of principle, we have taken the view that all those coming on skilled worker visas should have that level of English.

I appreciate that, in this instance, a high number of those coming for such purposes will ultimately return to their own countries, as my hon. Friend the Member for Banff and Buchan said. None the less, it is a route to settlement, and we have to be very careful about enabling people to live in the UK for sustained periods or settle here permanently if they cannot participate fully in life in this country.