Protection from slavery for overseas domestic workers

Part of Oral Answers to Questions — Justice – in the House of Commons at 1:45 pm on 17 March 2015.

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Photo of Fiona Mactaggart Fiona Mactaggart Labour, Slough 1:45, 17 March 2015

I am very sad about this debate on Lords amendment 72. For some time, we have debated the treatment of overseas domestic workers. Before the Government changed the immigration rules, I wrote a report called, “Service not servitude”, and we have debated it since then. I am glad that we are debating it in the context of modern slavery because, horrifyingly, a shocking number of overseas domestic workers have to submit to slave-like conditions.

I am sad, however, because although Government amendment (a) in lieu looks as though it gives rights to such very vulnerable victims, it actually offers them less than other victims of modern slavery, which is very distressing. There is the proposal to give someone a six-month visa. A number of my Slough constituents who for one reason or another are subject to immigration control have only six months left on their visa. The Minister will know that Slough has a pretty buoyant employment market, but it can be impossible, even for constituents in a category which means they are almost certain to have their visa renewed, to find a new employer in that six-month period. Why? Because no employer wants to employ someone who only has six months left to stay. Unless the employer is offering a tiny little temporary job, it is very unusual for someone in that situation to be able to secure new employment.

Let us look at the Government’s record. We have heard much about it in relation to the Bill’s introduction, but what about overseas domestic workers? This Government, along with that of Panama, Sudan, El Salvador, Malaysia, Singapore and the Czech Republic—think of having them as comrades—is one of very few Governments in the world to refuse to support the International Labour Organisation convention on decent work for domestic workers. Why do I bring that up? Because the exploitation of domestic workers does not always amount to enslavement: the courts have sometimes decided that people who are vilely exploited are not enslaved, and are not eligible for some of the existing protections under the regulations on trafficking. If we are ambitious for world-leading legislation, one thing we must do is to ensure that workers are not paid less than the minimum wage, or are exploited or made to work ridiculous hours or in dangerous conditions. All those things would be protected if we had signed up to the ILO convention, but——guess what?—we did not. The Government have form on that.

The Minister tells us that there will be tough guidance on interviewing people separately to ensure a sort of pre-entry protection against modern slavery. I am really glad about that, but I remember being told that there was tough guidance on people carrying their own passport through immigration control. Indeed, there is such guidance for immigration officers, but in speaking to victims who are overseas domestic workers, I have yet to find one who did so. I am afraid that the Minister’s tough guidance just does not work.

The guidance is not sufficient protection, and neither is the six-month visa, while the failure to sign up to the ILO convention is another example of inadequate protection. The Minister has cited senior police officers who believe that her proposed changes will increase the number of overseas domestic workers willing to be police narks. Well, it might, but it might not. As we know from the evidence of battered women and all other victims of abuse, the best way to encourage victims of abuse to give evidence is to focus on the support and advice they need.

Kalayaan, with which I have worked for a scary number of years, is the organisation with the pre-eminent record in doing so. It has a real record of working closely with such women, and in providing them with the kind of advice that best enables them to get their rights, such as they exist. Under the old system, it regularly helped women domestic workers to get their passports back, because—guess what?—their employers used to steal them and hold on to them.

Such support will not be provided by the Minister’s amendment (a). To suggest to people, “Oh, you get support if you become a police nark, and as long as you support this, or on condition that you do that”, is not the way to enable people to get control over their own lives, which the Minister said she wanted to achieve.