Lubeck Marja; Rurawhe AdrianSPECIAL DEBATESMigrant Exploitation Inquiry—Report of the Education and Workforce CommitteeMarja Lubeck (Chairperson of the Education and Workforce Committee): I move That the House take note of the report of the Education and Workforce Committee on the inquiry into migrant exploitation.The report of the Education and Workforce Committee on the inquiry into migrant exploitation was an in-depth and constructive inquiry. As chair of the select committee I would like to begin by thanking all the submitters who took time to write to us or present to us. We had a total of 82 written submissions 55 from individuals and 27 organisations and we heard many of these in person.I will begin with the context in which this inquiry was carried out. As noted in the introduction of our report migrant exploitation is widespread and takes many forms. It's a spectrum of non-compliance with minimum employment legislation from ignorant non-compliance through to forced labour and people-trafficking. Migrant workers are more likely to be underpaid denied leave made to work excessive hours and denied basic employment protections resulting in financial physical and psychological suffering. Exploitative work practices have negative implications for our economy. Such practices undercut good employers and contribute to wage suppression and job displacement in low-paid industries. Migrant exploitation negatively affects New Zealand's international reputation and it must be condemned.The number of complaints to Immigration New Zealand about exploitation have increased significantly over the last decade from 31 allegations in 2011-12 to 390 in 2018 and 2019 and with the launch of new reporting tools in 2021 that number subsequently rose to 855. Eleven percent of temporary migrants who responded to our survey also reported that they felt threatened by their employer.With these very serious issues in mind we started an inquiry into migrant exploitation on 20 October 2021. Within this inquiry we were also interested in the reforms made as a result of the 2019 review of temporary migrant workers. We drafted our terms of reference seeking to consider the frequency and scale of exploitation of migrant workers in New Zealand investigate the impact of exploitation and what can be done to address that impact. Through the inquiry we planned to look into the Government processes used to investigate cases of exploitation and find out what barriers prevent migrants coming forward to report exploitation.In 2019 the Ministry of Business Innovation and Employment (MBIE) led the review into the exploitation of temporary migrant workers. As part of that review it convened a consultation group representing migrants businesses unions and international students. It undertook public consultation on policy proposals. The submissions that we received for this inquiry reflect many of MBIE's findings from their 2019 review. Submitters described the causes and most common forms of migrant exploitation. Exploitative employers take advantage of the power imbalance between employers and migrant workers. This imbalance is often compounded by cultural differences the migrant's isolation from family and friends and their unfamiliarity with New Zealand laws. Some submitters said that employers believe that they are unlikely to be caught exploiting migrants. MBIE agrees with submitters that employers need to have a better understanding of their obligations. It also agrees that employers' compliance with employment law needs to improve and that greater powers are needed to investigate and take action against exploitative employers.MBIE has expanded its information and education activities since July 2021. These activities are aimed at improving employers' awareness of their obligations. The dedicated phone line for migrant exploitation has answered over a thousand calls since it launched in July 2021. The general employment phone line received over 77000 calls in the last year. Many were from employers seeking to better understand their obligations or how to meet them.The new Accredited Employer Work Visa will require employers to be accredited and pass a job check before they are allowed to employ migrant workers. This visa has become the main pathway for employer-assisted temporary work visas from 4 July this year. The process for the new Accredited Employer Work Visa will allow Immigration New Zealand to conduct compliance checks with employers after the initial application process has finished. This promotes further accountability for employers.The Government has allocated $50 million to support its implementation of new measures to address migrant exploitation. This also funds an information and education plan. The plan focuses on providing more information to employers and migrant workers about employment rights and obligations visas and support for victims.We acknowledge the work gone into education and information for employers. We believe that migrant exploitation will primarily be lessened through better enforcement and monitoring. We welcome the increase in the number of Immigration New Zealand staff and labour inspectors dedicated to investigating reports of migrant exploitation. We recommend the ongoing evaluation of the Accredited Employer Work Visa to determine whether accreditation and ongoing compliance checks are comprehensive in preventing exploitation. Along with this we recommend the Government investigate ways for migrants to be better informed about their employment rights through the information provided in the Employment New Zealand learning modules.A large proportion of submitters identified employer-assisted visas as a cause of migrant exploitation. These visas involve tying a migrant's immigration status to a particular employer. Submitters said this creates a power imbalance between the employer and the migrant worker. This imbalance can be abused. MBIE said that being on an employer-assisted visa is one factor that can increase the risk of exploitation and the aim of this visa is to prevent exploitative employers from hiring migrants. We recommend there be ongoing evaluation of whether migrant exploitation protection visas and variations of conditions are easily and quickly accessible. This evaluation must consider processing times.Submitters identified a number of barriers preventing migrants from reporting exploitation. These include immigration and visa status financial uncertainty and inadequate support for victims. Submitters proposed a range of solutions. They include better information for migrants about their rights; more financial language and legal support for migrants; greater empathy from officials; faster immigration processes; and amnesties for overstayers.MBIE said that it views reducing barriers to reporting exploitation as key and as a result of its 2019 review launched a dedicated phone number and new online form to make it easier to report migrant exploitation. We realise it can be difficult for migrants to report exploitation and we acknowledge the bravery of the people who came forward. We note the work that has been done to mitigate barriers to reporting exploitation. We recommend that the Government allocate more funding to organisations that support victims of migrant exploitation and investigate how it can prevent exploitation from occurring in the first place.Restricting work rights for partners of work visa holders may have negative outcomes. We heard repeatedly from submitters that migrants don't report exploitation because they fear deportation or other changes to their visa status. Similarly some migrants may not report family violence because their immigration status is tied to an abusive partner. MBIE said that changes to work rights for partners of work visa holders are being made in the context of the Government's immigration rebalance. It said the rebalance aims to improve productivity and ensure the migrant workforce is high-skilled. MBIE has said that the requirements imposed on Accredited Employer Work Visa holders need to also be applied to their partners. Not doing so would undermine the Government's goal of limiting the ability of employers to hire migrants for lower-skilled lower-paid roles. We recommend that the Government prioritise work to make sure migrant partners and families are suitably supported by the immigration system after any situations of family violence.As previously mentioned the Recognised Seasonal Employer (RSE) policy review which was begun in 2019 but delayed due to the COVID-19 pandemic is currently under way with proposals anticipated to be put before Cabinet by mid-2023. The review has a specific focus on the wellbeing of the RSE worker including the quality of accommodation and the rules for deductions. We recommend the Government work to ensure that employers who provide accommodation to their employees do not lock workers into substandard accommodation arrangements.I want to again thank all those who took the time to contribute to this piece of work. Their valuable contributions have shaped an important piece of work. I also want to thank the Office of the Clerk our officials and my colleagues on the select committee around the House for their collaborative contributions. I'm proud of the report our committee has presented and we hope our report highlights the important issue and the work still to be done. With our borders open once again and near-record low unemployment migrant workers are returning to New Zealand helping to grow our economy and bring new perspectives to our communities.Protecting migrant workers from exploitation is a priority for the Government and today's introduction by the Hon Priyanca Radhakrishnan of the Worker Protection (Migrant and Other Employees) Bill will crack down on employer non-compliance. Any form of exploitation is not acceptable. Minister the Hon Michael Wood said it best: These crimes deprive people of their human rights traumatise victims and hurt communities and the economy—they must be stamped out." Thank you Mr Speaker.SPEAKER: The question is that the motion be agreed to."