Asked by: Julian Sturdy (Conservative - York Outer)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what recent discussions she has had with the Secretary of State for Environment, Food and Rural Affairs on the recruitment of overseas workers as farming machinery operatives; and if she will make an assessment of the potential merits of creating a temporary visa scheme for these workers modelled on the temporary visa scheme for HGV drivers.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
The Government has no plans to introduce a general immigration route allowing recruitment at or near the minimum wage, with relatively short work-based training requirements, nor will there be another similar visa concession to the HGV temporary scheme.
We have no plans to extend the skills threshold below RQF level 3 unless there are truly exceptional circumstances, such as adding care workers to the Shortage Occupation List (SOL). The Government has recently commissioned the Migration Advisory Committee (MAC) to undertake a review of the SOL. We expect the MAC will shortly launch its call for evidence and we encourage interested stakeholders to respond.
Our immigration system is not aiming to replicate the free movement which previously existed between the UK and the EU. The Government recognises some businesses are needing to adjust, but investment and development of the UK’s domestic labour force should take priority, rather than seeing cheap migrant labour as the solution to recruitment difficulties.
Beyond the Points Based System is a wide labour market, which includes UK workers and migrants with general work rights. Businesses should therefore engage with the Department for Work and Pensions in the first instance about the support they can provide.
Asked by: Luke Pollard (Labour (Co-op) - Plymouth, Sutton and Devonport)
Question to the Department for Environment, Food and Rural Affairs:
To ask the Secretary of State for Environment, Food and Rural Affairs, how many enforcement actions his Department has taken against breaches of the Seasonal Agricultural Workers Scheme as of 4 July 2022.
Answered by Victoria Prentis - Attorney General
Defra does not take enforcement action against breaches of the Seasonal Workers visa scheme and does not hold any details of the number of such breaches. Enforcement action is undertaken by the Home Office or the Gangmasters and Labour Abuse Authority (GLAA).
The operators of the Seasonal Worker Scheme are licensed by the GLAA who will ensure that all workers are placed with farms who adhere to all relevant legislation. Should a scheme operator lose their GLAA licencing at any point, their sponsor licence will be revoked with immediate effect.
A key objective of the Seasonal Workers Scheme is to ensure that migrant workers are protected against modern slavery and other labour abuses, including the charging of recruitment fees and ensuring effective enforcement of UK employment laws. The safety and wellbeing of workers is considered paramount.
The GLAA is undertaking work in partnership to prevent exploitation of workers. For example, the GLAA and Seasonal Worker Scheme operators are jointly developing an informative video, specifically addressing issues related to recruitment fees. The video is due to be launched in the coming weeks. The GLAA is also developing specific guidance aimed for overseas businesses which will also be published shortly. Finally, the GLAA is working with UK embassies to engage more closely with in-country government agencies and ensure local laws and regulations are always met.
Asked by: Daniel Zeichner (Labour - Cambridge)
Question to the Department for Environment, Food and Rural Affairs:
To ask the Secretary of State for Environment, Food and Rural Affairs, what assessment his Department has made of whether the 30,000 visas available under the Seasonal Workers Pilot scheme will meet the labour needs of the agricultural sector.
Answered by Victoria Prentis - Attorney General
Defra continues to speak regularly with the agriculture sector and other government departments to understand labour supply and demand, including for both permanent and seasonal workforce requirements, and to ensure there is a long-term strategy for the farming workforce.
Whilst numbers vary year on year, we estimate approximately 50,000 - 60,000 seasonal workers are needed annually across the horticulture sector to bring in the harvest. Defra statistics from the Annual June survey of Agriculture and Horticulture provide seasonal, casual and gang labour workforce numbers for England, Scotland and Northern Ireland at 57,000 in 2020.
The need for seasonal labour is met through various sources, primarily migrant labour and EU citizens with settled status. Over 5.8 million EU citizens and their families have been granted status under the EU Settlement Scheme.
The Seasonal Worker visa scheme, which has been extended to 2024, allows overseas workers to come to the UK for up to six months to harvest both edible and ornamental crops. 30,000 visas will be available in 2022, and this was being kept under review with the potential to increase by 10,000 visas if there was evidence of need.
The recently announced Food Strategy White Paper will also seek to address challenges faced by the sector, including through an independent review to tackle labour shortages in the food supply chain, considering the roles of automation, domestic labour and migration routes. To support the sector, the Government will also release 10,000 visas for the seasonal worker visa route, with 2,000 of these going to the poultry sector.
On 24 February the Government announced that all Ukrainian nationals on an existing seasonal worker visa will have their leave in the UK extended to 31 December 2022 and can now switch to the Ukraine Extension Scheme visa if eligible.
Asked by: Dan Poulter (Conservative - Central Suffolk and North Ipswich)
Question to the Home Office:
To ask the Secretary of State for the Home Department, whether she has plans to provide visas for workers in food production.
Answered by Kevin Foster
On Monday 13th June, the government launched a new Food Strategy, which will seek to address challenges faced by the sector. Recognising the sector cannot sustainably rely on migrant labour, especially in light of global pressures elsewhere, the strategy sets out that Government will commission an independent review to tackle labour shortages in the food supply chain, considering the roles of automation, domestic labour and migration routes.
To support the sector, the Government will release 10,000 additional visas for the seasonal worker visa route, with 2,000 of these going to the poultry sector for the eight-week period prior to Christmas. This is to cover the surge in demand for chicken, turkey and goose during the festive season and to ensure the smooth running of the food supply chain.
The Government introduced the Points Based System in 2020 which is designed to attract the skills and expertise which the UK requires. Acting upon advice from the independent Migration Advisory Committee (MAC), the Government broadened the skills threshold of the Skilled Worker route and introduced a lower salary threshold which, as modelling by the MAC suggests, strikes a reasonable balance between access to labour and controlling immigration. The independent review’s consideration of the role of migration will therefore need to be with reference to the MAC’s advice. A number of roles in the food production sector are already eligible for a Skilled Worker visa.
For those roles in the sector which do not meet the threshold for the Skilled Worker route, there is the domestic labour market which includes UK workers and migrants with general work rights. The Government does not intend to introduce a route for those who do not meet the skills and salary threshold allowing recruitment at or near minimum wage.
Asked by: Dan Poulter (Conservative - Central Suffolk and North Ipswich)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what steps she is taking to expand the Seasonal Agricultural Workers Scheme.
Answered by Kevin Foster
On Monday 13th June, the government launched a new Food Strategy, which will seek to address challenges faced by the sector. Recognising the sector cannot sustainably rely on migrant labour, especially in light of global pressures elsewhere, the strategy sets out that Government will commission an independent review to tackle labour shortages in the food supply chain, considering the roles of automation, domestic labour and migration routes.
To support the sector, the Government will release 10,000 additional visas for the seasonal worker visa route, with 2,000 of these going to the poultry sector for the eight-week period prior to Christmas. This is to cover the surge in demand for chicken, turkey and goose during the festive season and to ensure the smooth running of the food supply chain.
The Government introduced the Points Based System in 2020 which is designed to attract the skills and expertise which the UK requires. Acting upon advice from the independent Migration Advisory Committee (MAC), the Government broadened the skills threshold of the Skilled Worker route and introduced a lower salary threshold which, as modelling by the MAC suggests, strikes a reasonable balance between access to labour and controlling immigration. The independent review’s consideration of the role of migration will therefore need to be with reference to the MAC’s advice. A number of roles in the food production sector are already eligible for a Skilled Worker visa.
For those roles in the sector which do not meet the threshold for the Skilled Worker route, there is the domestic labour market which includes UK workers and migrants with general work rights. The Government does not intend to introduce a route for those who do not meet the skills and salary threshold allowing recruitment at or near minimum wage.
Asked by: Daniel Zeichner (Labour - Cambridge)
Question to the Department for Environment, Food and Rural Affairs:
To ask the Secretary of State for Environment, Food and Rural Affairs, what steps his Department is taking to help ensure that people on the seasonal worker visa scheme are not subject to labour exploitation.
Answered by Victoria Prentis - Attorney General
The Government takes the issue of migrant welfare very seriously and tackling modern slavery is a key priority. In particular, in connection with the Seasonal Workers visa route that is one of the main routes for migrant workers to come each year and help with the harvest for the horticulture sector.
A key objective of the Seasonal Worker visa route 2022-24 is to ensure that migrant workers are adequately protected against modern slavery and other labour abuses.
The Home Office sponsored licencing system places clear and binding requirements and obligations on the scheme operators to safeguard workers under the scheme, including protecting workers’ rights and ensuring effective enforcement of UK employment laws.
The operators of the Seasonal Worker visa route are licensed by the Gangmasters Labour and Abuse Authority (GLAA). They will ensure that all workers are placed with farms who adhere to all relevant legislation. Should a scheme operator lose their GLAA licencing at any point, their sponsor licence will be revoked with immediate effect.
Defra is working across Government and with the sector to take a number of targeted and widespread actions to ensure the safety of workers pre-arrival, in-country and on their return home.
On 6 April 2022, changes were implemented by the Home Office to ensure that seasonal workers are paid in line with skilled workers. Workers must be paid at least £10.10 for each hour they work. The minimum pay requirement for seasonal workers on the scheme has been designed to discourage poor conditions.
Asked by: Dave Doogan (Scottish National Party - Angus)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what assessment her Department has made of the potential economic impact of mandating increased wages for seasonal workers on (a) fruit farmers and (b) consumer fruit costs.
Answered by Kevin Foster
As part of extending the Seasonal Worker visa route until the end of 2024, we have followed through on the recommendation made by the Migration Advisory Committee in their report of September 2018, which stated:
‘If a seasonal agriculture worker scheme was introduced we recommend that employers pay a higher minimum wage in return for the privileged access to labour this scheme would give the sector in order to encourage increases in productivity.’
The Government has introduced a minimum hourly rate of pay for the Seasonal Worker route as part of a wider package of work being jointly delivered with the Department of Environment, Food and Rural Affairs, seeking to ensure the welfare of participating migrant workers, and in particular to reduce the risks of debt bondage.
The Government published a review of the seasonal worker route on 24 December 2021, that clearly set out the types of migrant welfare issues we have identified within this route. The Director of Labour Market Enforcement has also flagged the agriculture sector, and specifically seasonal workers, as presenting a high risk for labour marker exploitation.
It is not the purpose of the UK immigration system to provide UK growers with a guaranteed source of cheap labour, or to perpetuate conditions which would not be acceptable to resident workers. The increase in the wage required from National Minimum Wage to £10.10 per hour is reasonable and necessary in order to ensure these vulnerable workers are receiving fair remuneration for their work.
Asked by: Dave Doogan (Scottish National Party - Angus)
Question to the Home Office:
To ask the Secretary of State for the Home Department, for what reason a rate of pay in excess of the national living wage has been mandated for seasonal workers by her Department.
Answered by Kevin Foster
As part of extending the Seasonal Worker visa route until the end of 2024, we have followed through on the recommendation made by the Migration Advisory Committee in their report of September 2018, which stated:
‘If a seasonal agriculture worker scheme was introduced we recommend that employers pay a higher minimum wage in return for the privileged access to labour this scheme would give the sector in order to encourage increases in productivity.’
The Government has introduced a minimum hourly rate of pay for the Seasonal Worker route as part of a wider package of work being jointly delivered with the Department of Environment, Food and Rural Affairs, seeking to ensure the welfare of participating migrant workers, and in particular to reduce the risks of debt bondage.
The Government published a review of the seasonal worker route on 24 December 2021, that clearly set out the types of migrant welfare issues we have identified within this route. The Director of Labour Market Enforcement has also flagged the agriculture sector, and specifically seasonal workers, as presenting a high risk for labour marker exploitation.
It is not the purpose of the UK immigration system to provide UK growers with a guaranteed source of cheap labour, or to perpetuate conditions which would not be acceptable to resident workers. The increase in the wage required from National Minimum Wage to £10.10 per hour is reasonable and necessary in order to ensure these vulnerable workers are receiving fair remuneration for their work.
Asked by: Gavin Williamson (Conservative - South Staffordshire)
Question to the Department for Environment, Food and Rural Affairs:
To ask the Secretary of State for Environment, Food and Rural Affairs, what steps his Department is taking to ensure an adequate labour supply for the horticultural sector in the (a) short and (b) long term.
Answered by Victoria Prentis - Attorney General
On 24 December 2021, the Government announced that the seasonal worker visa route would be extended through to 2024. As with the Pilot, it allows overseas workers to come to the UK for up to six months to harvest both edible and ornamental crops. 30,000 visas will be available in 2022. This will be kept under review with the potential to increase by 10,000 visas if there is clear evidence of need.
While acknowledging the sector's reliance on foreign workers, the UK is committed to becoming a high-skilled, high-wage economy and the Government has been clear that more must be done to attract UK workers through offering training, career options, wage increases and to invest in increased automation technology.
To help with these efforts, Defra is working with industry and the Department for Work and Pensions to raise awareness of career opportunities within the horticulture sector among UK workers.
As announced in December 2020, Defra has undertaken a review of automation in horticulture during 2021, covering both the edible and ornamental sectors in England. It is due to be published in early 2022. Our response to the review will work alongside the seasonal worker visa route - and Defra's efforts to attract more UK residents into agricultural work - to support the overall aim of reducing the sector's dependency on seasonal migrant labour
Defra is also engaging with the operators of the seasonal worker visa route to prepare and advance emergency plans in response to the situation in Ukraine. Operators can recruit from any country they choose for the seasonal workers visa route and operators recruited seasonal works from almost 50 countries in 2021.
Asked by: Daniel Zeichner (Labour - Cambridge)
Question to the Department for Environment, Food and Rural Affairs:
To ask the Secretary of State for Environment, Food and Rural Affairs, what assessment his Department has made of the suitability of using the four existing labour providers operating within the seasonal worker scheme to local suitable butchers for the 800 six-month emergency visas announced on 14 October 2021.
Answered by Victoria Prentis - Attorney General
The temporary visa schemes for poultry, food sector HGV drivers and pork butchers were facilitated by the ‘Temporary Work - Seasonal Worker’ visa route, which requires approved scheme operators to sponsor workers entering the UK.
Pilot operators select, sponsor and monitor migrants, and adhere to all Home Office requirements in practice, including those on migrant safety and welfare. The Seasonal Workers Pilot requires operators to ensure that all workers have a safe working environment; are treated fairly, paid properly including time off and breaks; are housed in safe hygienic accommodation; that their passport is never withheld from them; and that robust systems are in place for the reporting of concerns and rapid action.
More information about the Seasonal Workers Pilot RFI can be found on the Government website:
Seasonal Workers Pilot request for information - GOV.UK (www.gov.uk)