Border Security, Asylum and Immigration Bill - Committee (5th Day) – in the House of Lords at 7:45 pm on 8 September 2025.
Baroness Hamwee:
Moved by Baroness Hamwee
150: Clause 45, page 42, line 9, at end insert—“(3A) In section 15, after subsection (7) insert—“(8) The Secretary of State may take such reasonable steps as they consider appropriate to ensure that employers and other persons referred to in section 14A(1) have been made aware of the provisions of sections 14A and 15A.””Member's explanatory statementThis Amendment is intended to probe the impact on businesses and employers of this section.
Baroness Hamwee
Liberal Democrat
Tempting as it is to continue the debate we have just had, I will resist. In moving Amendment 150, I will speak also to my Amendments 153 and 203D in this group.
I first make it clear that I support the right to work, which is dealt with in a less narrow way than by my amendments. My noble friend Lord German has Amendments 151 and 152. This is something for which these Benches and many other noble Lords have argued for years, for practical and economic reasons, including using the skills of those concerned, matters of dignity and so on, and because not being able to work should not be a punishment, which is how in some places it is perceived. There are a lot of issues that we could be debating around illegal working, including how vulnerable our Laws make some people to exploitation.
Much of Clause 45 is required because of the Employment Rights Bill. Amendment 150 is not an oppositional amendment. When employers were given duties to police immigration, it was not easy, particularly for small employers. No doubt some deliberately evaded the rules—I am not making a value judgment here—but there must be new burdens on people who do not regard themselves as an employer. My question, based on this amendment is: what impact do the Government anticipate there will be on small businesses, such as one-person businesses or sole employers, arising from these requirements? These are, as I say, in turn based on the Employment Rights Bill, which I assume, despite rumours to the contrary, will pretty much continue and go through in its current form.
I have referred to exploitation. Amendment 153 is specifically about migrant domestic workers and seeks to restore the protections they had until 2012. I hope the Home Office will recognise that this amendment is the humane and appropriate response to the appalling situation in which some—I stress some—domestic workers find themselves, at the hands of extreme abuse by their employers. Given the amount of work that we still have to go through, and that we are being required to keep going barely able to draw breath today, I will not spend much time on examples.
The changes to the overseas domestic worker visa were made in 2012. We now have a six-month non-renewable visa tied to an employer, leaving the worker undocumented. The changes did not reduce the demand for domestic workers but—I am advised on this by third sector organisations working with people who are in this situation—they produced a significant increase in the rates of exploitation. In fact, the term used for that increase is “escalation”. The amendment would enable leaving the employer and finding a new job, though in the same sector, for 12 months. That period is important. The visa holder, if left only with the tail-end of a visa, may have only a few weeks or even a few days left. It is not sensible for any respectable new employer to take on someone with hardly any time that can be given to a new job.
The current situation has been described as an exploitation trap, and I know that the Home Office is aware of the particular vulnerability of these people. It says it relies on the national referral mechanism, but this does not prevent work conditions getting worse. There is no protection until harm has actually happened, and of course not all abuse is within the legal definition of modern slavery and human trafficking.
The noble Baroness, Lady O’Grady, who has signed this amendment, wanted to be here this evening. We did not anticipate that it would clash with the TUC conference, which is where she is in her role as a previous general secretary. I will of course not read her whole speech, but she would have said that the key lesson she has taken from her experience as a trade unionist and as chair of the committee on modern slavery of your Lordships’ House is that policymakers must listen to the workers who are at the sharp end of the labour market and do everything we can to protect their interests. She says that she personally has heard from women forced to sleep on a mattress in the kitchen and who are under instruction from their employers never to leave their workplace, often isolated in big houses in London’s most affluent postcodes. I have heard from some of them as well, and they are in a particularly difficult position because they are so isolated. In addition to what I have just said, in practice, the exploitation means no access to your own passport, not being paid regularly, not having your own bedroom or private space and not being allowed to leave your workplace.
I pay tribute to the organisation Kalayaan. By naming her, this is not to deny the determination and advocacy of others working in the sector, but I add my tribute to Marissa Begonia, who is nothing less than a force of nature and, frankly, not to be resisted. If there had been an opportunity for the Minister to meet her, I think he would find it quite difficult to respond to this amendment, to be quite honest.
Amendment 203D follows from others in the group to provide for a review of the rights of people who do not have indefinite leave, who have experienced labour abuse or who, having protested or reported abuse, have lost employment as a result of that. Not to be prepared to review the overall issues around this subject would indicate an attitude which would be quite hard to justify. I beg to move.
Lord German
Liberal Democrat Lords Spokesperson (Home Affairs) (Immigration)
8:00,
8 September 2025
My Lords, I will speak to Amendments 151 and 152 in my name, and Amendment 154 in the name of the noble Lord, Lord Watson of Invergowrie, which I have signed.
I will begin by explaining to the Committee the whereabouts of the other signatories. The noble Baroness, Lady Brinton, has had Covid—caught here, I am afraid, in meetings last week. She is very unwell but recovering at the present. It is a great shame that she was not able to speak to these amendments. Perhaps more worrying, of course, was the accident that I know most noble Lords will have read about in the newspaper, which involved the noble Lord, Lord Alton of Liverpool, who suffered at Victoria station from the bus that drove off the road. He has some serious injuries. I am not in a position to say whether he is making a speedy recovery, but he has replied to emails, so that says something of his perseverance. The Committee might wish to offer him every best wish in recovering swiftly from that accident.
These are very important amendments for many noble Lords around the Committee, because they concern how we can do a number of things that are currently on the agenda for the Government all in one go. Tens of thousands of people are currently banned from working while awaiting an asylum decision and are made forcibly dependent on the state for support, which is often inadequate; for accommodation, which is often overpriced; and for subsistence. Spending on hotel accommodation alone costs us £8 million per day.
The Government’s policy includes five priorities: first, to reduce the asylum support budget; secondly, to reduce or eliminate the number of asylum seekers accommodated in hotels; thirdly, to reduce child poverty; fourthly, to reduce the homelessness burden on local authorities of newly recognised refugees; and, fifthly, to reduce the number of people claiming state benefits. Amendment 151 addresses all those priorities. Enabling asylum seekers to work will reduce the asylum support budget and enable people to earn money, so that they can pay their own accommodation costs. Giving people this support enables them to make the best choices for themselves and their families. It would also help cohesion between host communities and asylum seekers if they are seen to be paying their way.
Visible delivery is what the Government need, and this policy could contribute to that if communities see hotels being closed. Working will help those asylum seekers who get refugee status—which is somewhere in the region of three-quarters—to stand on their own two feet much quicker than if they had been languishing in a hotel for months or years. This would be very helpful to local authorities with their obligations to homeless people and to the DWP benefit budget.
I understand what the Government’s responses to this will be. First, I am sure that the Minister will tell us that this will be a pull factor. However, having asked this question frequently, including in this Chamber, I have found that, in reality, there is no available evidence that supports the argument that it is a pull factor—that is an assumption. All the available evidence suggests that employment rights play little or no role in determining people’s choice of destination when they are seeking safety and are largely unknown to people seeking asylum before they arrive here. Without the evidence, the UK currently has one of the most restrictive working policies compared to our European neighbours. Lifting the ban on work would bring the United Kingdom in line with other OECD member states. In countries such as France, Spain, Italy and Germany, people seeking asylum gain the right to work much earlier—after six months, three months or, in some countries, even earlier, such as in Belgium.
The second reason that the Government push back against this policy is because they believe that we are already reducing the list of people who are seeking asylum. They argue that we are improving our processing and getting appeal times tighter, so the work will not be needed at this stage. Although the Government aim to process all asylum claims within six months—a welcome ambition in a system where many people wait for years for an outcome—we must be realistic. When the current ban was introduced in 2002, the then Government made an identical argument about processing times, and the six-month target was not met. The proportion of people waiting six months or more for an asylum decision has risen sharply over the last decade, from one in four, or 25%, at the end of 2014, to 59% at the end of 2024. No matter what the Government are doing—they may be reducing the processing time—we still have large numbers and long waits.
There is also no reason that faster application processing and enhanced working rights must be mutually exclusive policies; in fact, they should be complementary. This policy would allow people to apply for work sooner. It would not only improve their lives but enable them to contribute to the economy, reduce public spending on the asylum system and bolster community cohesion. Legal working of this sort is to be entirely separated from the idea of illegal working, which the Government of course want to crack down on. The Government can contain legal working and make all the necessary provisions for it.
Amendment 152 is about the right to work for people in the national referral mechanism if they have been waiting for more than three months for a conclusive grounds decision to be made. An individual is referred to the national referral mechanism after a two-step process: first, a government-nominated body called a first responder considers that there are reasonable grounds to believe that they are a victim of modern slavery, and, secondly, that is then reviewed by the Home Office. The individual cannot refer themselves to the NRM. In the NRM, an individual waits for a conclusive grounds decision to be made as to whether they are or are not a victim of modern slavery. It should be provided after 45 days, but that is not usually the case. Home Office analysis shows that, in 2023, the median waiting time for a decision was 526 days. The median time for women and foreign nationals is even longer.
The purpose of the NRM is to provide a period of recovery. The Home Office states that its purpose is to provide access to support for potential victims of modern slavery. If they do not have a valid visa going into the NRM, or they have not claimed asylum because there are no protection issues, they cannot work. Holders of valid overseas domestic worker visas have the right to work while they are in the NRM until 28 days after they receive a positive conclusive grounds decision.
There was an awful lot of discussion about how this group should be handled. These are people who predominantly came to the UK via a legal route and were exploited on UK soil. They are in the national referral mechanism because the Home Office has agreed that there are reasonable grounds to believe that they are victims of modern slavery. The national referral mechanism is not just a waiting room for decision; its stated purpose is recovery from exploitation. The right to work would certainly mean that this exploitation could be overcome. It makes absolute financial sense as well as being helpful for recovery. I hope that the Minister can confirm how many individuals currently in the national referral mechanism have the right to work and perhaps indicate some details of how the NRM backlog is being reduced.
Finally, I refer to Amendment 154 on the fishing industry. While we know that the fishing industry is very important to our country, there is a strong reliance on migrant fishers in the UK industry. The lack of worker protections and oversight, poor conditions and a significant power imbalance between the worker and the employer have meant little oversight of the use of the code 7 contract seamen stamp to employ migrant fishers inside UK waters. It is important that we find that protection from labour exploitation. The treatment of contract seamen is an area that requires a review to ensure that this protection is in place.
I regret having to take so much time, but I wanted to explain why the other Members who support these amendments could not speak today.
Baroness Lawlor
Conservative
8:15,
8 September 2025
My Lords, my Amendment 154A seeks to extend the conditions for someone subject to immigration controls by adding a proposed new paragraph (c) to Section 15(1) of the Immigration, Asylum and Nationality Act 2006. I am not a lawyer and apologise for my slowness in working out how you refer to a subsection of a section. It deals with the rules for employers or businesses using delivery riders covered by this Act. It aims to ensure that all who deliver and make their living from transporting goods, meals and other matters, whatever the vehicle they drive, have a full driving licence, and that the businesses which employ, contract or otherwise with the bikers will be held accountable if they do not have the necessary driving licence.
I tabled the amendment because, as they stand, the regulations governing e-bikes are complex and difficult to operate. They involve a level of commitment and time by the police forces of the UK which, under the stringencies, operational priorities and finances of today, they are unlikely to be able to afford. A report from the Guardian of
This is certainly a problem, but so are the routine offences committed daily by delivery bikes, which make life for people using the pavement and public spaces—whether parks, gardens, commons, greens, pieces or streets in the towns and cities of this country—dangerous. These bikes career at speed on pavements and cycleways, with no front or rear lights at night. Whether on the streets or the pavement, they continue to break the Highway Code. I have had a very instructive weekend on the Highway Code, which I recommend to your Lordships. Many, but not all, delivery riders are from overseas. We must presume that they have the right to work under Section 15 of the Immigration, Asylum and Nationality Act 2006.
That also applies to self-employed contractors, because it makes it unlawful to employ an individual who does not have the right to work in the UK, and engaging a contractor falls under the definition of employing for the purposes of the Act. The section prohibits someone employing an adult subject to immigration control if the person has not been given leave to enter or remain, the leave is invalid or out of date or the subject has been prevented from accepting employment.
My amendment specifically adds the prohibition on employing or contracting with drivers or bikers without a full driving licence, whether delivery is made by a motorbike or an e-cycle or the normal motorised ways of doing so. The aim is to ensure that they have a full driving licence and are covered by licence rules. The law already obliges deliverers who drive a car, a lorry or a motorcycle to have a valid licence, as well as registering, insuring and taxing the vehicle and getting an MoT, and some, indeed, have the courier addition, but this amendment extends to those who ride or drive an e-bicycle to do so—to deliver goods, groceries, meals, whatever—whether the vehicle is powered by combustion engine, electric battery or hybrid.
As matters stand, the rules are that anyone over 14 can ride an electric bike without a driving licence and without the bike being registered, taxed or insured, provided it is an electrically assisted pedal bike—an EAPC. To qualify as such a bike, it must have pedals that can be used to propel. It can have more than two wheels, but its electric motor must have a continuous rated output of no more than 250 watts, and it must not be able to propel the bike when it is travelling at more than 15.5 miles per hour. That is, the battery must not be such that it can power the bike at more than 15.5 miles per hour, although, if you are a speedy cyclist, you are allowed to do so by pedalling. The bike must show the continuous rate of power output of the manufacturer.
Lord Watson of Invergowrie
Chair, Secondary Legislation Scrutiny Committee, Chair, Secondary Legislation Scrutiny Committee
I simply want to ask the noble Baroness whether she can explain what the very detailed description she is giving has to do with border security, immigration or asylum.
Baroness Lawlor
Conservative
I will come to that point, if I may. Anyway, there are very stringent rules governing these bikes, and they are all available. If your bike does not meet them, you have to register for a full scooter licence.
To answer the noble Lord’s Intervention, for which I am very grateful, many delivery bikers come from overseas. I said at the start that we presume that they are covered by the rules under the 2006 Act. What I want to do is to add, for those people who are specifically covered by these immigration controls who drive these delivery bikes, that their employers will face an additional requirement if they come from overseas, which I think is germane to the debate we are having on borders, because many delivery bikers come from overseas and are subject to immigration controls.
If I may conclude and explain why I think it is perhaps necessary for the Home Office to consider this and take it on board, I go back to the police constable who says that illegal bikes are, in effect, motorbikes.
“These people have passed no test, have no road training and don’t have the road skills. They … ride around without insurance, tax, the bike not conforming to lights and everything else it should conform to, it’s not registered with the DVLA, all these things”.
One of the instances he dealt with was indeed an overseas biker who came from Bangladesh and had had his engine changed. The PC said that the problem was mainly to do with delivery bikes, but it could be with other bikes.
Lord Watson of Invergowrie
Chair, Secondary Legislation Scrutiny Committee, Chair, Secondary Legislation Scrutiny Committee
My Lords, I am indebted to the noble Lord, Lord German, for mentioning the very unfortunate accident that the noble Lord, Lord Alton, suffered. I was not aware of that. Many noble Lords will be well aware of the fearless campaigning on humanitarian issues over many years by the noble Lord, Lord Alton, often in very dangerous situations in various countries, so it is somewhat ironic that he suffered an injury at Victoria station, I think. I hope that it was not serious, and I very much look forward to seeing him back in his place as quickly as possible.
I want to speak to my Amendment 154, and I am also happy to support every other amendment in the group apart from Amendment 154A. I do so because last year, along with the noble Baroness, Lady Hamwee, and the noble Lord, Lord Randall, I was fortunate enough to serve on the committee on modern slavery to which the noble Baroness referred, which was chaired by the noble Baroness, Lady O’Grady.
I am not saying this for the first time, but those of us on the committee were disappointed by the Government’s response to what we felt were some potentially very powerful recommendations from that report. Much of that encompassed the issues in this group of amendments on human trafficking and modern slavery; we heard a lot of evidence of some of the worst effects of that.
Before getting into the detail on the issues surrounding the situation of migrant fishers, I want to pay tribute to the advice and briefings that I and the noble Lord, Lord German, received from an organisation called Focus on Labour Exploitation—FLEX. It is a British charity working to end human trafficking for labour exploitation.
In challenging and transforming the systems and structures that make workers vulnerable to abuse, FLEX has a straightforward goal, which is very commendable, and that is to work towards a world free from all forms of labour exploitation, including forced labour and human trafficking. FLEX is supporting a number of amendments to the Bill, and I value the opportunity to work with it on Amendment 154.
As the noble Lord, Lord German, said, the UK’s fishing industry is reliant on migrant workers. In fact, the industry would collapse without migrant workers doing the catching. Fishing industry experts have described how boats have had to be tied up in ports for months when they could not access migrant fishers. Migrant workers are essential because the fishing industry faces significant challenges recruiting domestically. Self-evidently, the work is tough and dangerous, with expectations of poor work/life balance, and is associated with areas of the country that, in general, are seeing people leaving rather than staying in or moving to.
Typically, young people are not attracted by the prospect of working on a fishing boat and, sadly, apprenticeships have a very low take-up, and that means when the remaining domestic workforce reach the end of their working lives, there are few coming forward to take their places.
Despite this and the importance of migrant workers filling those gaps and doing the essential work of catching, the immigration white paper fails to mention a route to allow the ongoing recruitment of migrant fishers. Currently, UK fishing vessels that operate outside of UK territorial waters do not have to comply with work visa rules to employ migrant fishers. Instead, they can rely on an exemption under Section 8 of the Immigration Act 1971. As part of this exemption, fishers are given a code 7 contract seamen stamp, which permits them to enter the UK to join a ship, which will leave the UK in what is termed a reasonable amount of time, usually within seven days.
This stamp—in effect, a transit loophole—is intended for seafarers to pass through the UK to join their ship. The Home Office has confirmed that fishers who are transiting cannot work in UK territorial waters, usually defined as 12 nautical miles from the UK coast; and where fishing takes place within territorial waters, workers who need permission to work in the UK should enter on a skilled worker visa. Once the immigration salary list is abolished, it is unclear whether there will be a route for migrant fishers to work in UK waters, because a code 7 stamp does not provide seafarers the right to stay or work in the UK itself. That means they do not, even if docked in a UK port, have entry clearance for the UK, creating barriers to accessing medical attention or seeking information about their rights. There is little or no proactive monitoring by the authorities of compliance with the national minimum wage, hours of work, sick pay or holiday pay.
Migrant fishers are currently included on the UK’s immigration salary list. The Government have said that this list will be phased out in future changes to the Immigration Rules and replaced with a temporary shortage list as the proposals set out in the immigration White Paper are implemented. As the White Paper will lift the threshold for skilled workers to regulated qualifications framework 6—that is equivalent to graduate level or above—and entries on the temporary shortage list are time-limited and conditional, it is unclear how it would be possible for migrant fishers to be employed to fish in UK waters after 2026. There is real concern that these changes could increase the use of the code 7 transit loophole. I hope my noble friend the Minister might be able to offer clarification on this point in his response.
Amendment 154 calls on the Secretary of State to commission a report to understand the situation of migrant fishers on the code 7 stamp, which for too long has remained hidden. There are not even publicly available government statistics on the number of migrant fishers on the code 7 stamp. By systematically identifying the extent of the problem, the experience of migrant fishers and the solutions that would make their lives safer, the Government would be not only strengthening employment rights for marginalised workers but protecting the fishing industry—one that is vital to the country’s economy and our food requirements.
It is long overdue for migrant fishers to be properly recognised as workers and to be able to access the rights that UK workers are entitled to. A report along the lines set out in the amendment would be an important and very necessary step in achieving that and righting a wrong that is invisible to all but those who suffer from it.
Lord Randall of Uxbridge
Conservative
8:30,
8 September 2025
My Lords, I declare my interests as chairman of the Human Trafficking Foundation and chairman of the Task Force Trust, which I will come on to later. I extend my best wishes to those mentioned by the noble Lord, Lord German, who are not able to be here because of illness, and wish them well.
I support the amendments on the right to work, particularly for domestic workers and those in the NRM. I have been an advocate of this for some time. Call me psychic, but I do not think the Government will accede to this for the very reason the noble Lord, Lord German, gave: the pull factor—although that has never been proved—or whatever.
In my capacity as chairman of the Task Force Trust, we have had a very interesting set of projects through Action Asylum—I would be very happy to show the Minister an evaluation report we got from the University of Nottingham—that get asylum seekers and refugees to do voluntary work, particularly in the environment field: things such as beach cleans, tree planting and a lot of other similar things. This is so important because it has been shown that, in local communities that are not always the most keen on what they perceive asylum seekers to be, they see them as real people, they see them as families and they see them doing things. It has been great for cohesion, but also a great thing for the asylum seekers themselves, to make them feel valued and part of the community, and it has helped their mental health. I think it is something that should be looked at more. As I said, I would be very happy to pass on a copy of this evaluation report from the University of Nottingham that shows the value of it.
There are other projects I have been aware of. For example, the Marylebone Cricket Club has a foundation which has been getting asylum seekers to play cricket. The Saracens Foundation has also involved refugees and so on into sports. I cannot help feeling that this is the way forward—at a time when we know full well that there are frictions out there in our communities—to make sure that they realise we are talking about actual people.
It is a lateish hour and there are plenty more speakers. I just say to my noble friend Lady Lawlor, on her Amendment, I think the question of driving licences for these people is a valid one, but it is slightly discriminatory to say it is just for overseas people. There are plenty of other people around. It may be that she thought it was a cunning way to get the issue raised, but I do not think this is really part of this. With that, I will sit down, but I am very happy to meet the Minister, or pass him this report, because I think it is a very valuable idea in terms of community cohesion.
Baroness Bennett of Manor Castle
Green
My Lords, I rise to offer Green group support for all the amendments in this group, except for Amendment 154A, and to express the greatest sympathy with those who are not able to be with us when we would like them to be. It is also terribly disappointing given that this is such an important group of amendments for addressing essential issues affecting some of the most vulnerable people in our society, as a result of our immigration law.
I will address two related amendments: Amendment 151 from the noble Lord, Lord German, and others, and Amendment 155A, both of which address points on what is known for short as the “lift the ban” campaign. It is a great pleasure to follow the noble Lord, Lord Randall, on this. Indeed, last week, I spoke with the Minister in Oral Questions about suggestions from the Refugee Council to allow people who are most likely to be given asylum status the right to work. This is a broader step.
Giving people the right to work as they seek asylum would, of course, empty the asylum hotels. That is one way of doing it, but the arguments for it extend beyond that. I note that the Global Compact on Refugees—a UN agreement that we do not hear much about these days, but undoubtedly should—says that refugees should be included in communities from the very beginning, meaning as soon as they arrive. What better way is there to include people in communities than to allow them to work? The noble Lord, Lord Randall, was just saying that voluntary work is great, but to enable people to support themselves, support their families and contribute to societies is surely better.
I will just draw on a little history. I am coming up to six years in your Lordships’ House, which makes me not quite a newbie any more by House of Lords standards, so I can go back to the Nationality and Borders Bill of 2022. I just point out that what we are presenting here is something that the House more or less supported, voted for and sent back to the other place. Amendment 30 of the Nationality and Borders Bill on Report was to change the Immigration Act 1971 to give asylum seekers the right to work after six months. It was proposed and the vote was called by the noble Baroness, Lady Stroud, backed by the noble Baronesses, Lady Lister, Lady Ludford and Lady Meacher. Ten Conservatives and 32 Labour Members voted for that amendment, so we are not really going out on a limb here with these suggestions to allow people to work after three months or at least to review the possibility of six months.
A Times leading article from
“Enforced idleness is a waste of initiative and wealth”.
It notes that, at the time, the Migration Advisory Committee opposed the ban on asylum seekers working and the leading article suggested that they should be able to work in shortage occupations. This Times notes that, as the noble Lord, Lord German, said:
“Britain’s policy is more restrictive than that of EU member states”.
As the noble Lord also said, it
“would have no impact on the aggregated numbers of people granted asylum”.
I finish by quoting the Times’ conclusion:
“it would help the economy, reward enterprise and better integrate migrants into British society. A policy that is humane and beneficial for all concerned ought to be grasped”.
When we think about the way in which our immigration debate is going at the moment, it is worth thinking about how far we have moved in the wrong direction. Let us head back in a humane, just and sensible direction.
The noble Lord, Lord Watson, has set out an overwhelming case for Amendment 154, on the fishing industry. It is worth going back to some research from the University of Nottingham Rights Lab from 2021. I do not think there is any evidence that the situation has improved since then. Some 35% of fishers reported experiencing regular physical violence, including racial abuse and sexual violence. Their average pay was £3.51 an hour—one-third of the minimum wage; 19% were working in conditions comparable to forced labour; and 60% reported shifts of a minimum of 16 hours. When we think of the conditions to which the noble Lord referred, one in three were working more than 20-hour shifts, and 100% from outside the EEA were on the visas we are talking about.
Finally and briefly, I will speak about Amendment 153, on migrant domestic workers. This is an issue on which I have been working for a very long time. As this change was being put forward, I spoke to a motion at the Green Party’s spring conference in 2012, calling for Britain to sign up to ILO Convention 189 on decent work for domestic workers. This amendment would head us in that direction. I heard then from Kalayaan, from the Voice of Domestic Workers, from campaign groups and from the workers themselves about the terrible position that change in the law in 2012 would put them in. Now, 13 years down the track, all their predictions have come true. It is absolutely indefensible.
Baroness Kennedy of The Shaws
Labour
8:45,
8 September 2025
My Lords, I want to reiterate what has just been said on Amendment 153. Like the previous Speaker, I too have had experience of dealing with domestic servitude. I chaired an inquiry for the Equality and Human Rights Commission in Scotland which was dealing with trafficking more generally. It came as a great surprise to me, because my own experiences as a younger barrister had been dealing with domestic workers inside embassies and diplomatic circles. People would often be brought from countries other than the Emirates or Saudi; they would be Filipino, or from parts of Pakistan or India. They were collected on entry into the country, their passports were taken from them, and they were deeply exploited. I remember being involved in a number of such cases when I was a young lawyer.
As a much more senior person chairing an inquiry, it came as a great surprise to me to find that many successful business people who were running chains of Indian restaurants and all manner of businesses brought people from villages where their ancestors were from. They would say to the workers that they would be paying their parents for their services. They would be paid at the sorts of rate that people would be getting back in those countries, whether it be Bangladesh, Pakistan, or wherever. The workers often received no money—maybe just meagre pocket money. They often slept on mats in the kitchen rather than in a proper bed. They were expected to work all hours of the day and night and were not able to complain anywhere. The idea of someone with a specific visa ending up being tied, like indentured labour, to a family, and not having it made clear to them that there were other options, was quite scandalous. It was rather shocking that we made those changes to those arrangements some years back, as has already been described. Since we have this Bill before us, now is the time to put that right; we have the opportunity to do so.
Kalayaan has been doing incredible work on this front. It has done deep research into what is a form of modern slavery—a smokescreen used to deflect the transparency and accountability there should be for what is experienced by many migrant workers. The evidence that Kalayaan has compiled reports very serious abuse. I ask the Committee to take seriously the amendment from the noble Baroness, Lady Hamwee, which I strongly support.
Lord Jackson of Peterborough
Conservative
My Lords, I oppose Amendments 151 and 152 and endorse and support the Amendment of my noble friend Lady Lawlor. The noble Lord, Lord Watson of Invergowrie, will know that there have been a number of reports in local and national media about people without settled status who are seeking determination of their asylum-seeker status who have been alleged to be working as delivery drivers for food-delivery companies. Clearly, it is a potential loophole, and it is responsible for us to respond to that sensibly by an amendment that seeks to close that loophole.
On the other two amendments, the noble Lord, Lord German, will be aware that we debated this issue in Grand Committee a year or so ago, when we had quite a good debate. I always think it is a good rule of thumb that my noble friend Lord Randall of Uxbridge speaks good sense. I do not always agree with everything he says, but I was determined to agree with something he said in his remarks. We laboured in the Whips’ Office in the other place many moons ago, and he took a pastoral interest in my short-lived career in the Whips’ Office. I agree with him more than I disagree in that this is a point of principle about whether you should give asylum seekers the right to work. I think the challenge is that, despite what the noble Lord, Lord German, says, there is a pull factor. People come to the UK, which is a unique economy, because it is in the right time zone, we speak English and we have a dynamic, service-based economy. They travel over many countries mainly, in my view, as economic migrants—clearly, there are a number of genuine asylum seekers—and it is not possible comprehensively to disprove the idea that they are coming for work.
The problem with the proposal is that the most disadvantaged group of people in this country is poor white British boys. A situation where you encourage an economic model that brings in more people to drive down wages, keep conditions not much better than was hitherto the case, cut back on training and keep this addiction to cheap foreign labour is not a model for a successful, happy and contented country. That does not, in any sense, second-guess the merits of individual people who want to come to the country to make a better life.
That brings me on to the point that the challenge we have here, and the thing that the Government can take away from this debate, is that there is much more to be done along the lines that my noble friend Lord Randall outlined in terms of civic education around British values—an educative or didactic process for these new asylum seekers to understand what Britain is about and how they can contribute as decent, law-abiding, tax-paying citizens without working. If you cross the Rubicon and say that, if you arrive and claim asylum, you can automatically work and enter the employment market, that is a step too far. However, the Government have a duty and a responsibility, for the sake of the taxpayer and for the welfare of those people and their families, to give them the opportunity to volunteer, train and assimilate but not to work. That is the challenge for the Minister.
In many respects, I support my noble friend Lord Randall—and even, maybe, to a certain extent the noble Lord, Lord German, and others—but on a point of principle I cannot support this amendment. I hope that the Minister will set his face against it, but the Government, as the previous Government did, could do a lot more in terms of the training and development of people who aspire to be British citizens.
Lord Kerr of Kinlochard
Crossbench
I would like to find that there is something on which I agree with the noble Lord, Lord Jackson of Peterborough. I think his point about assisting assimilation is very strong, but it is not an alternative to the Amendment tabled by the noble Lord, Lord German.
The Minister knows full well that I have been boring him for years about the right to work, and he used to show some personal sympathy for the point. I am with the noble Lord, Lord German, in not believing very strongly in the pull factor. I think people come here basically to escape persecution, famine and war. I think pull factors are, to the extent they exist, much less important. I think, secondly, that the best way to deal with pull factors to the extent that they do exist is with identity cards. I am a strong believer in identity cards. We made a great mistake when we dropped the idea; we should get back to it.
I support Amendments 151 and 155A. Amendment 155A is a very modest proposal; I hope that the Minister will feel that he can consider it. I think there is much to be said for the Treasury approach to this issue. That is an unusual statement to make but, in the Treasury, the right to work would have a double benefit: it would increase the tax take, and it would reduce public expenditure. These are both quite desirable benefits; if you are in the Treasury in current circumstances, they are highly desirable. The main argument for the right to work is human dignity and assisting the assimilation process. The Exchequer arguments are subordinate arguments, but they are real. We ought to reduce the cost of the queue. Of course, the best thing—as the Government are trying to do—would be to reduce the length of the queue but, if we can reduce the cost of the queue and increase the tax take, these must be things that are worth doing.
I have long felt that this is something that we ought to be able to do something about. I hope that the Minister will be able to indicate at least an open mind on the softest of these amendments, Amendment 155A—the one that simply calls for a report.
Lord Rees of Easton
Labour
My Lords, that may be my cue to speak to my Amendment 155A. I start by pointing to my declarations in the register of interests on two matters: first, the support that I received from the Refugee, Asylum Migration and Policy Project; and, secondly, my role as a paid chair of the Mayors Migration Council, which is a voice that I want to bring into the Room today. The Mayors Migration Council is a worldwide network of mayors. I was a founding member. It includes the mayors from Freetown, Amman, Zürich, Montreal, Rio and now, once again, Chicago. These are mayors who have been incredibly frustrated with the way that national Governments and networks of national Governments have approached migration while they as mayors have tried to create the conditions within which densely packed people within their boundaries live, and the conditions in which they can build the powerful economies that the nations depend on.
As the noble Lord, Lord Kerr, pointed out, we think that this is a very careful amendment. The way that the debate around asylum seekers and immigration has been happening in the UK generally is what I would describe as somewhat falling into “fight or flight”; it is quite panicked. One of the things that I have longed for, both as a resident of the UK and now as a Member of the House of Lords, is that we can make some space to take a deep breath and engage with the evidence—and not get caught up in the frenzy and fear that has been stoked around this question.
If the amendment is passed, we would require the Secretary of State to report back to Parliament annually on the Government’s working rights policies for people in the asylum system and for both Houses of Parliament to have the opportunity to debate a Motion on the report. That deliberately avoids jumping in two-footed and saying we should just lift the ban on asylum seekers working straight away, because I am sensitive to the potential of people accidentally or deliberately misunderstanding that and making more hay with it. But if we had this in place, with our Secretary of State coming back, it would give us the space to engage with the evidence and to take a breath, reflect on it, and begin to influence policy in response to that.
Some of the evidence has already been shared today, and to build on the points made by the noble Lord just now, I summarise it by saying that stopping asylum seekers working goes against our national interest and allowing them into the workforce is in line with our national interest. We have evidence that suggests it would be a boost to the economy, giving us tax revenue and increasing our global domestic product. I will not put any numbers to that now because I do not want to debate the specific numbers, but the general truths are there and we will, I hope, have time to look at them over the coming months.
Allowing asylum seekers the chance to work, as we have heard, is good for their mental health and well-being. When their mental health and well-being are undermined, they do not disappear; they turn up in public services and, importantly, they need the support of our voluntary and community sector. I was talking to members of Bristol’s voluntary and community sector about that this week and they wanted me to stress this point. That is the same voluntary and community sector which has demands placed on it by all communities across Bristol and which faces increasing stretch when unnecessary need is pushed on to it.
I stress that work is a pathway to integration. We have had riots—we had them in Bristol—and confrontations. One of the charges made is that these people come here and do not want to work. The truth is people do want to work. They want to bring their skills into the UK economy. At least let us give people the chance to dispel the myth that they are just coming here to get access to our benefits, only then to be pilloried and held responsible for a situation that is not of their own creation.
It is important to recognise that there is strong support, including cross-party support in the Chamber here. There is support from the business community, metro mayors and local authority leaders across the country, the Greater London Authority, the Adam Smith Institute, the CBI, Unison and the TUC. There is plenty of evidence out there, including some of the statements made today, about the impact of migrant workers and asylum workers on the work chances of the domestic, indigenous workforce. That is not as clear as people might assume. A fantastic piece of work has just come out of Wharton business school by Professor Zeke Hernandez, The Truth About Immigration, that shows that there is not a like-for-like placement. Many asylum seekers come in and do work that local people will not do or cannot do themselves.
As I said at the beginning, I come at this as a mayor. I ran Bristol from 2016 to 2024. Bristol is one of the UK’s core cities. During that time, I became chair of Core Cities UK. I was also chair of the LGA City Regions Board, representing the urban regions across the UK. We were in regular contact with the leaders of places outside of Westminster who were trying to create the space for their populations to live and live well, and the conditions in the places they ran for them to make the full contribution we will need if this country is to flourish.
We were often incredibly frustrated by conversations and decisions being made in Westminster that did not listen to what we needed to be heard, and did not create the conditions that would allow us to create those thriving places. Today, I ask us to do that. I am asking us to pause and think outside the Chamber, beyond easy assumptions, and about the wider network of people bringing different perspectives to our approach to asylum seekers’ opportunities to work in this country.
Something has been made today of pull factors. I echo noble Lords who have stressed that those factors are not actually as strong as people suggest. It is dangerous when we receive a truth as though that is the end of the conversation, without looking at the context within which that received truth is being grappled. Many other factors determine where people settle in the world. The working conditions and legislative framework that we are talking about are not what people pore over before they look at language ties, family ties and diaspora connections in the area.
What is true is that the UK at the moment is a bit of an outlier. The United States, Canada, Germany, Italy, Spain, France and many other countries grant asylum seekers the opportunity to work much faster than we do. By the way, when I talk about this, I try to stay away from the argument that we are doing this just because it is the right thing to do, because it is just or fair. We are talking about enlightened self-interest. There are reduced costs if we allow people to work and have that good, dignified life, and there is an increased boost to our economy when people become contributors.
We have talked about illegal working. It is worth reflecting on the fact that, by stopping people working, we cause ourselves a problem, because we put people into a situation where they are vulnerable to those who come along and recruit them into the illegal economy. Predatory action relies on people looking for opportunity, so we strengthen that illegal economy in the country, with all the consequences for those individuals and for wider society. I ask noble Lords to consider supporting the amendment today.
Lord German
Liberal Democrat Lords Spokesperson (Home Affairs) (Immigration)
9:00,
8 September 2025
The noble Lord has reminded me that I have not declared my interest as also being supported by the RAMP organisation.
Lord Dubs
Labour
I very much agree with what my noble friend Lord Rees and the noble Lord, Lord Kerr, have said. I am grateful to the noble Lord, Lord German, for reminding us that our good friend, the noble Lord, Lord Alton, has been injured. We wish him a speedy recovery. He plays such an important part in our debates.
When I have talked to people claiming asylum in this country, they have had two main wishes: either they want to complete their education, which has been damaged through difficult journeys here and dangers in the countries they have fled from, or they want to work. They want to work because it is the right thing to do; they want to contribute to our society. There is this idea that they want to benefit from benefits but, frankly, I have never heard that. I am quite convinced that when they say they want to work and contribute to this country, they are telling the truth.
Then there is the argument about pull factors. I have heard that argument used about every single group of people we might be talking about. When I was discussing child refugees many years ago, I was told that if those children come, others will follow. It is the argument that Governments have used since the beginning of time, and I am just not convinced by it. There are much stronger arguments the other way.
The point about other EU countries is important. If our labour market is such that people want to come here, why is it that other EU countries which allow people to work do not appear to have a pull factor? I think we should get in line with other countries instead of being different.
The noble Lord talked about people being willing to work for lower wages. Yes, but I think that is regrettable. I believe and have argued before that it is up to the trade unions as much as anybody else to ensure that people do not work below the proper wage level for the industry they are in. It is difficult. I know that today may not be the best day to argue the case for trade unions, but I believe that it is important that people do not undercut wages. It should be done by strength and unity at the workplace.
Finally, I am interested in the argument that the noble Lord, Lord Kerr, made about ID cards. It is becoming higher up on the agenda and we shall all have to consider it very hard indeed. I agree with all the amendments, apart from Amendment 154A. The denial of the right to work has been so fundamental for many years; for heaven’s sake, let us deal with it sensibly.
Lord Cameron of Lochiel
Shadow Minister (Scotland)
My Lords, I join the noble Lord, Lord German, in sending good wishes to the noble Lord, Lord Alton, and the noble Baroness, Lady Brinton. I wish them both a speedy recovery. They have played a very full part in debates on this Bill and, although they are not often on the same page as the Opposition, I have always welcomed their incisive arguments.
The amendments in this group are primarily concerned with granting asylum seekers the right to work, after various timeframes have elapsed, much more quickly than is currently permitted. The position of those of us on these Benches is clear and already well known. It has not changed and therefore I will not detain the House for too long, only to say that we believe that the current system, which allows those who have been waiting for a year or longer for a decision to apply for permission to work, is sufficient.
We are also clear that, if we were to allow a looser approach to those in the asylum process being allowed to work, it would create a clear incentive for people to come to the UK illegally. That is self-evident and will encourage even more people to endanger their lives and the lives of others in crossing the channel and the money will ultimately just flow back into the pockets of the people smugglers. It will encourage people to come and often to work illegally.
I note that the previous Home Secretary, who recently moved on, said that:
“Illegal working undermines honest business, exploits vulnerable individuals and fuels organised immigration crime”.
Therefore, for those reasons, despite a fascinating and wide-ranging debate—I particularly enjoyed listening to the noble Lord, Lord Rees, talk about his experience—I am afraid that these Benches will not support those amendments that seek to permit this sort of working.
I move on to the final amendments in this group, which relate to the fishing industry, brought by the noble Lord, Lord Watson of Invergowrie. They raise some very interesting questions and I welcome them to that extent. As someone who represented the Highlands and Islands of Scotland for eight years in the Scottish Parliament, I am very alive to the issues in the workplace in the fishing industry, particularly among people from abroad working in very difficult conditions on boats for periods of time. We must do everything possible to stamp out exploitation in the workplace and in sectors such as fishing where vulnerable people can so easily be taken advantage of.
No one in this Chamber would want to see labour abuse tolerated. Where there is criminality, it must be cracked down on swiftly and decisively. I have one caveat about these amendments. This worthy objective cannot come at the expense of somehow opening up a sort of back-door route, if I can put it like that, for those who come to this country illegally to remain here. That would risk undermining confidence in the system.
We need a balanced approach—one that ensures workers are protected from abuse but preserves the integrity of our border and Immigration Rules. To do that, as I think the noble Lord, Lord Watson, seeks, we have to understand the true scale of the problem and what practical steps can be taken to address it. These amendments are directed towards discovering and learning more about this. I look forward to hearing the Minister provide some clarity on how the Government will tackle this labour exploitation.
Lord Hanson of Flint
The Minister of State, Home Department
9:15,
8 September 2025
My Lords, this was a very wide-ranging debate on an important group of amendments. I am grateful to all noble Lords for their contributions and this discussion. I also join the words of sympathy for both the injuries of the noble Lord, Lord Alton, and the Covid-related illness of the noble Baroness, Lady Brinton. We wish them both well and look forward to seeing them back to hold the Government to account, as they do so well. I will go through each of the amendments in turn and try to give some reasonable commentary on each in the time I have.
Amendment 150 in the name of the noble Baroness, Lady Hamwee, is intended to probe the impact on business and employees of this Clause. I hope I can reassure her that the previous Home Secretary has already engaged with businesses and representative bodies on the proposed legislation. I give a commitment that the new Home Secretary will continue to do so following this week’s reshuffle. In addition, the Secretary of State intends to conduct a formal consultation with employees and businesses, which will underpin updated guidance that we intend to bring forward, so that they are aware of their obligations prior to the implementation of the legislation. I hope that assists the noble Baroness on Amendment 150.
I thank the noble Baroness, Lady Lawlor, for her Amendment 154A. It seeks to make it an offence to employ someone to deliver goods, meals or services using a vehicle if that person does not hold a full driving licence. In the UK, individuals can drive a variety of vehicles without a full driving licence, including some of the vehicles that she refers to in her amendment. There is already strong legislation in place to make sure that the DVLA, the responsible body, carries out checks to ensure applicants are not disqualified from holding a licence due to their immigration status. That is already a very strong issue for the DVLA as a whole. The Government have robust licensing and driving compliance measures in place to ensure that there is relevant driving licence regulation in force.
In this very Bill, the Government are extending the scope of employers and businesses required to carry out checks on their workers to prevent illegal working. Separately, through existing enforcement measures the Government are giving a very hard push, particularly following some examples of the type of abuse that the noble Baroness mentioned, on compliance with legislation to ensure that people are not being employed illegally, that people who have come here illegally are not being employed and that that is not undercutting legitimate businesses in their work. I think her amendment has those areas of work in mind, but we are covering that with this Bill and what is being done elsewhere.
Amendments 151 and 152, tabled by the noble Lord, Lord German, and the noble Baronesses, Lady Brinton and Lady Hamwee, seek to reduce the waiting period for asylum seekers to apply for permission to work from 12 months to three. I acknowledge the intent behind these amendments. I know where the noble Baroness and others are coming from. However, I do not think these amendments are the right mechanism to achieve the aims they are seeking. We want to ensure that those who may have been subject to human trafficking and modern slavery in particular are examined under that legislation. Therefore, I do not feel that this is the right way forward.
I will take the offer of the noble Lord, Lord Randall, to supply that information if he wishes to send it through to me—care of the Home Office, Marsham Street, London. We will certainly look at the information he has brought forward.
On Amendment 151, the Government’s current policy must strike a careful balance between maintaining the integrity of the asylum system and supporting those with genuine protection. It allows asylum seekers to apply for permission to work if their claims have been outstanding for 12 months or more through no fault of their own. Those granted permission are limited to roles on the immigration salary list only. Employers are expected to uphold fair and non-discriminatory recruitment practices for all individuals with the right to work.
Reducing the waiting period to three months could act as a pull factor—we have had a debate about that; I know some noble Lords will disagree with the use of that phrase—and would place additional strain on a stretched asylum system and divert resources away from those in genuine need of protection. Furthermore, it would undermine the established work visa routes and may act as an incentive for people to travel here illegally via dangerous routes. Again, I take on board what noble Lords have said about why people are seeking to come to the UK, but the factors before us are a real concern for the Government.
On Amendment 152, all individuals in the national referral mechanism, regardless of immigration status or work eligibility, are entitled to support to meet their essential needs. In England and Wales, as has been mentioned, this is delivered through the modern slavery victim care contract, which provides safe accommodation and financial assistance to prevent destitution. Where applicable, those who receive a positive conclusive grounds decision are considered for a grant of temporary permission to stay, which includes the right to work.
There are several reasons why the Government cannot support Amendment 152, one being that expanding access to employment at an earlier stage could incentivise misuse of the national referral mechanism, which may inadvertently encourage irregular migration or exploitation by traffickers who falsely promise access to work in the UK. The current framework maintains a clear distinction and upholds the integrity of the immigration system.
My noble friend Lord Rees made a very powerful case, and I was pleased to meet him, the noble Lord, Lord Barber, and colleagues to engage on this matter. I value the representations that have been made and welcome continued collaboration. There is an argument that his amendment may carry unintended consequences, particularly for wider delivery and our modernisation of the asylum system. The Government’s position has been consistently clear and introducing an additional process subject to regular scrutiny could risk diverting focus from our broader strategic objectives.
However, my noble friend made a very important case for the Government to consider, and I want to reflect on it with colleagues. There are other ways in which my noble friend can get a regular report on the impact of the concerns he has, and there are ways to put pressure on the Government, such as the very good initiative by mayors to examine this issue, whether that be through parliamentary debate, Questions, Written Statements or Commons and Lords Select Committees. I will look again at what he said today because I think there is scope to ensure that we examine some of those areas, and I thank him for his amendment.
On Amendment 153 from the noble Baronesses, Lady Hamwee and Lady Lister—although she is not in her place today—supported by my noble friend Lady Kennedy of The Shaws, the Government are very concerned by the links between visa arrangements for private domestic staff and instances of modern slavery. I hope all noble Lords are reassured that in the immigration white paper, published in May, we said we intend to reconsider how this route operates. I know I regularly ask for patience on these matters, but the immigration White Paper looks at it and recognises the genuine concerns that have been raised.
Allowing overseas domestic workers to change employer without restriction is already a feature of the existing system, as they have been able to do so since 2016. The ability to change makes it very clear that overseas domestic worker status in the UK is not exclusively dependent on their current employer and gives them an opportunity to escape abuse. We do not currently require them to inform the Home Office so that they are able to move more quickly and easily. During my time as the Shadow Immigration Minister in 2012, when discussions were taking place on the Bill back then, I met Kalayaan and I was impressed by the cases it made. I reassure the noble Baroness, Lady Hamwee, and my noble friend Lady Kennedy of The Shaws that that will be looked at as part of the immigration White Paper response.
My noble friend Lord Watson, supported by the noble Lord, Lord German, tabled Amendments 154 and 203D, with the support of the noble Baroness, Lady Hamwee, which concern migrant fishers and the question of seaman and transit to the UK to join a ship leaving UK waters. The Government’s long-standing position is that foreign nationals need permission to work in UK waters; this ensures consistency between those coming to work on the UK landmass and those transitioning through it. Contract seamen who enter the UK seeking to leave or join a ship are expected to leave the UK within seven days of arrival and are not given the right to work. Seafarers wishing to come and work in the UK should apply for a work visa that gives them the right to work in the UK. It would, therefore, in our view, be inappropriate to give work rights to those on temporary visas intending to allow transit only.
There are no plans to create a bespoke visa route for fishers as the immigration White Paper has very clearly set out our strategy for reducing reliance on international recruitment. However—and I hope this helps my noble friend and the noble Baroness, Lady Hamwee—we have established the new Labour Market Evidence Group to gather and share evidence about the state of the workforce, trading levels and participation by the domestic labour market, including at devolved government and regional levels. I expect it to make recommendations shortly about sectors or occupations in which workforce strategies are needed or the workforce labour market is currently failing. I hope that my noble friend can look at what is going to happen and the gathering of information on this issue so that we can examine it further.
In response to the amendment tabled by the noble Baroness, Lady Hamwee, on migrant domestic workers, all individuals in the national referral mechanism, regardless of immigration status or work eligibility, are entitled to support to meet their essential needs. It is within this framework that the fishers mentioned can seek assistance.
I cantered through those points because of the discussion we had. I hope the noble Baroness will withdraw her amendment, and I will reflect on what has been said—I will certainly give way to the noble Lord.
Lord Kerr of Kinlochard
Crossbench
Will the Minister reflect a little more on the Amendment proposed by the noble Lord, Lord Rees? He said that the noble Lord made a powerful case—I think we all thought that. His principal argument against accepting the amendment seemed to be that the reports called for by the amendment could constitute an undesirable diversion of resources. He also argued that the debates in both Houses that the amendment would mandate could be secured by different means.
I suspect that the commendable longevity of the Minister has a price: he has been got at by Sir Humphrey. I used to be a Sir Humphrey and I was very good at this. The undesirable diversion of resources is a very good argument; better still is “unripe time” or “dangerous precedent”. If all else fails, there is “with the ambit of the vote”. They are all excellent arguments, but what is the harm in having debates on this issue every year in the Commons and the Lords? There is no downside to it; it is a good thing. It would give us the space, as the noble Lord, Lord Rees, proposes, for a serious debate on this on the basis of the evidence. The Minister is being a little negative. He should go back and see Sir Humphrey and say, “There was a lot in this amendment. We ought to think seriously about it”.
Lord Hanson of Flint
The Minister of State, Home Department
I am very grateful to the noble Lord for his experience. As he knows, having been there himself, the Government reflect on, take and determine positions across the board with ministerial engagement. Having started my 15th year as somebody in government, over that 28-year period, I am very aware that, when Ministers want to do something, they can.
I have been listening to what my noble friend Lord Rees has said and have given him, I hope, an indication that reflections take place on these matters. I also say to him that the position I am giving today is on the need to potentially find other mechanisms to solicit, encourage and receive that information.
The noble Lord will know that we will examine the issues following the debate today; that is the purpose of Committee. I will reflect on what has been said by all noble Lords and examine how we can meet individuals’ desire to collect further information to assess the situation, at the same time as not putting undue burdens on the system as a whole. I hope that is of assistance to the noble Lord and indeed to my noble friend Lord Rees.
Baroness Lawlor
Conservative
9:30,
8 September 2025
I seek clarification on something the Minister said. He told the Committee that they were seeking to address some of the problems that my Amendment raised through other ways, including through the DVLA, the Home Office and certain measures. But will they include drawing in to those other measures those categories of delivery bike that do not now require any papers or licence and may have been changed to empower them to go far beyond the permitted 15.5 miles per hour? We have no way of knowing that unless our police forces are out on the streets as a response unit, like those police in the City of London, and impounding them—which is very heavy on police time.
Lord Hanson of Flint
The Minister of State, Home Department
The noble Baroness raises a number of issues. I start with the question of illegal employment and working. The Government are very exercised to ensure that, both in the Bill and in regular enforcement now being undertaken, we crack down on illegal employment, which effectively undercuts legitimate businesses, exploits individuals in that illegal employment and is not a good use for society as a whole, as a contributory factor. We are very focused on that, and the Bill focuses on a large amount of those elements.
Separately, the noble Baroness raises areas outside my direct responsibility, which are Department for Transport-related issues about enforcement and regulations. I will draw those remarks to the attention of the Transport Minister, who will be able to reflect on them and who is also exercised about the very issues she mentions.
The noble Baroness will also know, I hope, that in the Crime and Policing Bill, which will come before this House shortly, there are also measures to improve police powers on seizure of bikes, rather than prosecution of individuals, where there are digressions from the law. That means going through traffic lights, going on pavements, speeding and all those things where the police, rather than having to give a warning, will potentially now be able to seize an electric vehicle used in those ways under the Crime and Policing Bill. So the three different elements are all there.
In this current piece of legislation, the Amendment the noble Baroness has put forward does not meet the requirements I am seeking to achieve. With that, I hope noble Lords will withdraw or not move their amendments.
Baroness Hamwee
Liberal Democrat
My Lords, the Minister, whom I thank, started his response by saying that the Bill is not the right mechanism for the amendments. I think he was applying that comment to the whole group of amendments, not just to Amendment 154A. Without being psychic, I too have had my expectations met. Including a provision for the right to work would be the right thing to do, and it would be enlightened self-interest.
I too have never been persuaded by the idea of the right to work being a pull factor; there are plenty of push factors without one having to think about pull factors. Banning the right to work—as we have done, in effect—does not seem to have been a deterrent. That may answer the point.
I pay tribute to the work of the noble Lord, Lord Rees, in this whole space. He made a very powerful speech, but I thought that his amendment was less persuasive than his speech. I am more ambitious: I want to remove the restrictions so that the reports to the House can be on the impact of changes in the law, not just calling for changes in the law.
Mention was made of voluntary activity. I use the term “voluntary activity” rather than “voluntary work” because a problem for so long for people who want to put a huge amount of effort into volunteering is that it has been designated as work, not as voluntary activity. I was interested to hear the support of the noble Lord, Lord Jackson, for training. That would be a good move forward—it really would be—so I thank him for that.
I will return to overseas domestic workers. They do not, in reality, have the ability to change employers. We are leaving people in appalling situations that they cannot escape. The changes made in 2016 were minimal, and we have failed people whom we should be protecting. I am very sad that we cannot move the situation forward tonight, but I beg leave to withdraw the amendment.
Amendment 150 withdrawn.
Clause 45 agreed.
Amendments 151 to 154A not moved.
Clause 46: Timeframe for determination of appeal brought by appellant receiving accommodation support
As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.
Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.
In the end only a handful of amendments will be incorporated into any bill.
The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.
Secretary of State was originally the title given to the two officials who conducted the Royal Correspondence under Elizabeth I. Now it is the title held by some of the more important Government Ministers, for example the Secretary of State for Foreign Affairs.
As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.
Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.
In the end only a handful of amendments will be incorporated into any bill.
The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.
A parliamentary bill is divided into sections called clauses.
Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.
During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.
When a bill becomes an Act of Parliament, clauses become known as sections.
Laws are the rules by which a country is governed. Britain has a long history of law making and the laws of this country can be divided into three types:- 1) Statute Laws are the laws that have been made by Parliament. 2) Case Law is law that has been established from cases tried in the courts - the laws arise from test cases. The result of the test case creates a precedent on which future cases are judged. 3) Common Law is a part of English Law, which has not come from Parliament. It consists of rules of law which have developed from customs or judgements made in courts over hundreds of years. For example until 1861 Parliament had never passed a law saying that murder was an offence. From the earliest times courts had judged that murder was a crime so there was no need to make a law.
Ministers make up the Government and almost all are members of the House of Lords or the House of Commons. There are three main types of Minister. Departmental Ministers are in charge of Government Departments. The Government is divided into different Departments which have responsibilities for different areas. For example the Treasury is in charge of Government spending. Departmental Ministers in the Cabinet are generally called 'Secretary of State' but some have special titles such as Chancellor of the Exchequer. Ministers of State and Junior Ministers assist the ministers in charge of the department. They normally have responsibility for a particular area within the department and are sometimes given a title that reflects this - for example Minister of Transport.
An intervention is when the MP making a speech is interrupted by another MP and asked to 'give way' to allow the other MP to intervene on the speech to ask a question or comment on what has just been said.
Of a male MP, sitting on his regular seat in the House. For females, "in her place".
A document issued by the Government laying out its policy, or proposed policy, on a topic of current concern.Although a white paper may occasion consultation as to the details of new legislation, it does signify a clear intention on the part of a government to pass new law. This is a contrast with green papers, which are issued less frequently, are more open-ended and may merely propose a strategy to be implemented in the details of other legislation.
More from wikipedia here: http://en.wikipedia.org/wiki/White_paper
The house of Lords is the upper chamber of the Houses of Parliament. It is filled with Lords (I.E. Lords, Dukes, Baron/esses, Earls, Marquis/esses, Viscounts, Count/esses, etc.) The Lords consider proposals from the EU or from the commons. They can then reject a bill, accept it, or make amendments. If a bill is rejected, the commons can send it back to the lords for re-discussion. The Lords cannot stop a bill for longer than one parliamentary session. If a bill is accepted, it is forwarded to the Queen, who will then sign it and make it law. If a bill is amended, the amended bill is sent back to the House of Commons for discussion.
The Lords are not elected; they are appointed. Lords can take a "whip", that is to say, they can choose a party to represent. Currently, most Peers are Conservative.
The House of Lords. When used in the House of Lords, this phrase refers to the House of Commons.
The Conservatives are a centre-right political party in the UK, founded in the 1830s. They are also known as the Tory party.
With a lower-case ‘c’, ‘conservative’ is an adjective which implies a dislike of change, and a preference for traditional values.
The Speaker is an MP who has been elected to act as Chairman during debates in the House of Commons. He or she is responsible for ensuring that the rules laid down by the House for the carrying out of its business are observed. It is the Speaker who calls MPs to speak, and maintains order in the House. He or she acts as the House's representative in its relations with outside bodies and the other elements of Parliament such as the Lords and the Monarch. The Speaker is also responsible for protecting the interests of minorities in the House. He or she must ensure that the holders of an opinion, however unpopular, are allowed to put across their view without undue obstruction. It is also the Speaker who reprimands, on behalf of the House, an MP brought to the Bar of the House. In the case of disobedience the Speaker can 'name' an MP which results in their suspension from the House for a period. The Speaker must be impartial in all matters. He or she is elected by MPs in the House of Commons but then ceases to be involved in party politics. All sides in the House rely on the Speaker's disinterest. Even after retirement a former Speaker will not take part in political issues. Taking on the office means losing close contact with old colleagues and keeping apart from all groups and interests, even avoiding using the House of Commons dining rooms or bars. The Speaker continues as a Member of Parliament dealing with constituent's letters and problems. By tradition other candidates from the major parties do not contest the Speaker's seat at a General Election. The Speakership dates back to 1377 when Sir Thomas Hungerford was appointed to the role. The title Speaker comes from the fact that the Speaker was the official spokesman of the House of Commons to the Monarch. In the early years of the office, several Speakers suffered violent deaths when they presented unwelcome news to the King. Further information can be obtained from factsheet M2 on the UK Parliament website.
The Opposition are the political parties in the House of Commons other than the largest or Government party. They are called the Opposition because they sit on the benches opposite the Government in the House of Commons Chamber. The largest of the Opposition parties is known as Her Majesty's Opposition. The role of the Official Opposition is to question and scrutinise the work of Government. The Opposition often votes against the Government. In a sense the Official Opposition is the "Government in waiting".
Of a female MP, sitting on her regular seat in the House. For males, "in his place".
To allow another Member to speak.
A parliamentary bill is divided into sections called clauses.
Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.
During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.
When a bill becomes an Act of Parliament, clauses become known as sections.
The shadow cabinet is the name given to the group of senior members from the chief opposition party who would form the cabinet if they were to come to power after a General Election. Each member of the shadow cabinet is allocated responsibility for `shadowing' the work of one of the members of the real cabinet.
The Party Leader assigns specific portfolios according to the ability, seniority and popularity of the shadow cabinet's members.