Modern Slavery Bill — House of Lords, 2015-03-25
Topic: Mixed Topics
Michael Bates (Conservative, Centre-right): My Lords, holding overseas domestic workers in modern slavery is totally unacceptable. This Bill will help stop such abuse. The Bill will mean that those who traffic overseas domestic workers or hold them in servitude can receive a life sentence. The Bill will mean that the slavery, servitude and forced or compulsory labour offence will reflect the circumstances of vulnerable victims, and it provides new protections for all victims of modern slavery, such as the statutory defence We began this Bill and we probably all feel a bit disappointed that at this stage—almost the 11th hour—we are discussing a key amendment to the Bill. Of course, we share broad agreement on the way in which this has been approached. The Bill was published in draft form. It was then put before a Joint Committee, on which many Members of your Lordships’ House served. The Joint Committee then put forward a series of recommendations and these were broadly accepted by the Government as the Bill moved through the Commons stages, which were—being generous to the other place—more thorough and more detailed than perhaps has been the case with some other legislation. It then arrived in your Lordships’ House In its journey through your Lordships’ House, the Bill attracted a further 100 amendments. There have been 262 further amendments to the Bill that we brought forward, including whole new clauses on areas such as the supply chain. We brought all those amendments forward because we recognised here that this is a great shame of modern-day British society and that, in the words of the seminal report by the Centre for Social Justice in March 2013, "it happens here". In the estimate of the chief scientific adviser at the Home Office, some 12,000 people are held in modern slavery in Britain and we want to do something about it. We want to help the victims and we want to prosecute the perpetrators. One thing that I have appreciated is the way that we have worked on this with a cross-party focus. We have had many all-interested Peers meetings and bilateral meetings, and many exchanges of correspondence. We have worked with NGOs as well. I say all that as a precursor to coming to the main substance of the amendments, because I think it is important that we put this amendment in that sort of context. I pay tribute to the noble Lord, Lord Hylton, for the work and passion that he has given to the issue, particularly to that of overseas domestic workers. It is recognised that he has a deep passion and concern for these people, which we share and which he champions and we respect. I want to say to him that I hope he can reflect on the process that we embarked on when the Bill first came here and see that we have been increasingly trying to respond to the concerns that he and other Members of your Lordships’ House have raised There was concern about the conditions that many people were facing when they came to this country and that they were not even being paid, let alone receiving the minimum wage. Therefore, we introduced the provision that the national minimum wage must be made clear to the individual. Now, the immigration officer who is making a judgment on an overseas domestic worker’s visa application must be satisfied that the employer, in addition to signing a contract to that effect, intends to pay the national minimum wage of £6.50 per hour. We now have a model contract. I know that we exchanged views on that and it has been amended in the light of the views expressed by the noble Lord, Lord Hylton, and others. That model contract is presented to employers to say that those who seek overseas domestic workers must make available to them those minimum employment criteria before they come to the UK and a visa is granted Next—I know that my noble friend Lady Hanham felt particularly strongly about this point—it is very important that we make it abundantly clear to employers that once the Bill receives Royal Assent, which we all want it to, the consequences of abusing an employee brought into this country under a visa will be a potential life sentence. This country is very strong in its commitment to that We want to make sure that we hear the views of the individual applying for the overseas domestic visa. As a result of the process of this Bill, we are piloting direct video interviews to check that people are aware of their rights. We are piloting at ports of entry a new card that has been introduced giving people details of what their rights are and, most crucially, telephone helpline numbers that they can call should they feel that they are in need. We are improving the national referral mechanism, following the view expressed by Jeremy Oppenheim that received broad support around the House, to say that this is not going to be adjudicated on by United Kingdom Visas and Immigration but by a multidisciplinary panel involving different groups and agencies focused on the welfare of the individual for whom the decision is being made using the national referral mechanism. We propose to improve the care and support for victims within that national referral mechanism on overseas domestic workers to make sure that they get the legal protection, access to health services and shelter that they need, and psychological support where that is needed Finally, in the course of the passage of the Bill through your Lordships’ House, when we were discussing the noble Lord’s amendment, we said that we would invite James Ewins, a widely respected barrister, who had worked for the International Justice Mission in the Bangalore office, was a deputy director of the Centre for Social Justice which produced a report, and was a legal adviser to the Joint Committee, to undertake a review of how the overseas domestic worker visa is operating and make recommendations as to how it should be improved, with the clear indication that the Government intend to act on them With all those points in place, the House none the less felt insistent—by a slender majority of seven, as I recall, but it is absolutely right that a majority is a majority—we failed to win that argument and the Bill went to the other place. Sometimes when that happens, the Government take the line of saying, "Well, your Lordships have spoken but the other place has also spoken", and simply send the same message back up for us to consider. Not so here, because we were deeply conscious of the importance of the issue and the sincerity with which the noble Lord and others had spoken to the amendment We were aware that there were two issues of principal concern. The first was that often when an overseas domestic worker comes over here on a visa—we know this from the evidence that Kalayaan and other organisations working in the field have given us—their passport is withheld and they are told that if they dare to leave or to try to leave, they will be immediately removed from the country. That fear is imposed on them. In our amendment, we specifically state that under no circumstances will enforcement action be taken against anyone who is fleeing persecution on an overseas domestic worker visa The second concern was that people may be denied the opportunity to have a livelihood. We return to that debate time and again and the issue of the ability to switch employers. We have said that where someone who has come enters the national referral mechanism and achieves conclusive grounds under the new multidisciplinary panels, we will introduce a new six-month victim’s visa to enable them to work in the same sector as before In the rather long list that I have presented to the noble Lord, I want to communicate that he has moved the Government several steps—if I may say so, many steps—down the road to what he seeks to achieve. I suggest that those final steps may well be adjudged best to wait for the report of James Ewins in July, which the next Parliament will then be able to implement. It does not require primary legislation; the Immigration Rules can be changed at any time. Those changes can be made on the basis of those recommendations Some particular points need to be addressed by those who want to press the Motion at this stage. First, we desperately want to ensure that victims of abuse receive the help and support that they need. Therefore, to have a Motion that does not provide for the fact that they must go through the new and enhanced national referral mechanism—the vehicle by which all these additional helps of legal aid support, medical and psychological support and accommodation and hardship payments can be delivered to them—and skips that mechanism would mean that victims lose out in many ways.