Modern Slavery Bill — House of Commons, 2015-03-17
Topic: Immigration
Karen Anne Bradley (Conservative, Centre-right): My hon. Friend and the right hon. Member for Slough (Fiona Mactaggart) were strong and assiduous members of the Committee that scrutinised the Bill as it went through the House of Commons, which is when we started debating this issue. My hon. Friend is right to mention the guidance, and I shall explain more about that in a moment. It is absolutely clear that all front-line professionals need to understand that the visa situation of an individual is irrelevant in these circumstances: if they are a victim of slavery, they are a victim of slavery, and they will need the support that is available. As I have said, the amendment will give additional support for victims who are on an overseas domestic workers visa, and I shall explain why that is appropriate Before I explain the additional protections, which seek to address the important concerns raised in the other place, I should explain to the House why I am deeply concerned that Lords amendment 72 will not protect victims, however well intentioned it might be. There is a real risk that it will achieve the opposite. I want to ensure that a provision to support overseas domestic workers who fall victim to modern slavery will help those vulnerable people get the help they need and allow law enforcement to take action to prevent their abusers from doing the same to another domestic worker. I do not believe that the Lords amendment would achieve either of those things. Members will have seen from my letter that those worries are shared by senior law enforcement officers working in this field I should remind the House that the overseas domestic workers visa allows visitors to the UK to bring their existing domestic staff with them when they visit the UK, for a maximum of six months. Separate arrangements apply for the small number of overseas domestic workers who work in diplomatic households. Around 15,000 of these visas are issued every year, and the data suggest that visits typically last for only about 15 days, so the vast majority of overseas domestic workers will be here for a very short time. To qualify for this short-term visa, there must be evidence of a long-term employment relationship between employer and employee Even before the Lords debate on Report, the Government announced that the safeguards would be strengthened. There will be a new standard contract, along with changes to the immigration rules to strengthen the guarantees that overseas domestic workers will be paid at least the national minimum wage, pilot programmes of interviews for applicants overseas and the provision of information cards at the border. Given the specific circumstances in which the visa is applicable, it is not possible to change employer during the short period that the workers are in the UK or to extend the visa as a route to settling permanently in the UK Lords amendment 72 would change that, allowing overseas domestic workers to change employer and stay in the UK indefinitely, potentially gaining settlement. The Government have listened carefully to the debates on this issue, and we are keen to take an evidence-based approach. As the House will know, the Government have announced an independent review of the overseas domestic workers visa, which is to report in July. The review will look specifically at the ability to change employer. It is being undertaken by James Ewins, a respected expert on modern slavery who served as a specialist legal adviser to the pre-legislative scrutiny Committee on the Bill.