HC Deb 15 February 1971 vol 811 cc1499-510

6.51 a.m.

Dame Joan Vickers (Plymouth, Devonport)

I am very glad to be able to follow the preceding debate with another serious social problem. I am also grateful to my hon. Friend the Under-Secretary of State for being present to answer this debate, because I know that the subject does not come within his Department. I hope that he will be able to give me a satisfactory answer.

I think it can be said that this is an all-party debate because, as Chairman of the British Vigilance Association, which co-ordinates a number of organisations interested in work concerning young people, and as a delegate to the Council of Europe, which has discussed the matter since 1962, I have led four deputations, two to the previous Government when they were in power and two to the present Conservative Government. I am also supported by an excellent staff who work for our association. We have also worked closely with the Secretary of the Federation of Employment Agencies, who has proved most helpful.

Regrettably, the only success that we have had to date is in getting the age for girls coming to this country as au pairs raised from 15 to 17 years. I have recently put down two Questions in this matter and from the answers to them I note that there are now about 20,000 au pair girls in this country, who should be receiving pocket money of between 50s. and £2 a week. Britain is the largest "importing" country of au pairs. It is interesting also to find that their number has gone up by about 1,000 a year during the last four years.

There has been a very great widening of applications. At one time, for instance, the girls were mainly French and German, but we now have Japanese, Moroccans, Indians, Brazilians, Argentinians and Persians, while those from European countries include Poles, Finns, Portuguese, Spanish and Maltese.

Arrangements can be made for the girls to be met at certain stations by Travellers' Aid, which has a large number of voluntary workers, who do an excellent job in making the girls and other travellers welcome.

Au pairs were originally an exchange of family friends for the purpose of learning languages in various countries". Now, I suggest, they come here as student workers. They obtain their jobs here in various ways, many of them, unfortunately, through undesirable advertisements. The Times happens to be one of the newspapers which they take and it is full of types of advertisement such as Father and son want au pair, £10 weekly. An advertisement in The Times today says: Au pairs, nannies, household staff—Britain and Europe—Baxter's Agency, Peterborough. These should be jobs done by labour permit girls. There are others offering as much as £10, one for an English girl to go to Brussels.

When girls arrive in this country, they are allowed to enter even if they come merely with a letter from a parent stating, To whom it may concern: my daughter requires a job as an au pair. Previously, exchanges were unpaid and temporary and were looked upon as a sort of cut-price finishing school. Now, I regret to say that the girls are semi-servants for people who cannot afford servants, who do not like doing the work themselves, and who in most cases do not pay National Insurance or selective employment tax.

A book has recently been published called "You British—as the au-pair girls see us", by Elaine Grand. This shows a great deal of the attitudes of girls who come to this country. A French girl says: Meal times are a terrible murder three times a day. A girl from the United States says: Not animal lovers. Just people lovers gone wrong. There are many other descriptions with which I will not weary the House at this late hour. The book makes interesting reading. It also says that the girls like England but do not like the families. The advent of the au pair girl has finally changed the concept of domestic service. They give it a status symbol.

The Home Office said that 3,000 girls came in on residence permits in one year. As we are now told that there are 20,000 here, I should like to know how the others came here, what contact we have with them and what control we have over them. How do the Home Office know that there are 20,000 here?

My hon. Friend will have seen the article in the Sunday Telegraph by Mandrake which gives a fairly accurate picture. I believe that there are au pairs in Buckingham Palace who are paid £8 10s. and 2s. 6d. a day for lunch, with Royal Ascot and a Christmas party thrown in.

We have taken certain action, having failed to get much action out of either Government. One of the actions taken was by the Federation of Employment Agencies, which made contact with the Norwegian Embassy and agreed a contract which girls are sent before coming to this country. This has been very successful. However, I regret to say that the previous Government wrote round to the agencies and stated that they were not to make further agreements with other countries.

I want a contract for this country between the host and the girl or boy, the prototype of which has been sent by the Federation of Employment Agencies to the Home Office. I want a contract of agreement for this country now. The suggested contract for the Council of Europe is completely useless, according to international lawyers. There has been no real agreement about the outlines of the contract, and I do not think that we can wait any longer.

As I have said, we are the largest importing country of these girls, and it is high time that we gave them protection. There are many social workers who are interested in the problem, not all of whom are English. One, a Dutch priest, recently sent out a questionnaire to 50 girls. There were 11 different nationalities, French, Spanish and Finnish making up the majority.

I can let my hon. Friend have a copy of the questionnaire, together with a first-class document showing how the questions have been answered. The average age appears to be between 17 and 24, the majority being 20. The average working week is between 45 and 50 hours, and the average length of stay is one year. When asked whether they knew anything about this country, 27 said that they did and they knew someing about the family, but 23 said that they did not. Only 24 had one complete day free and six had no half days. One answered a question to say that she was working 80 hours a week, 60 doing housework and 20 baby sitting. The money varied from £6 to £3.50p and I was therefore very disturbed to hear it suggested that the pay was as low as 50s.

Besides the contract suggested by the Federation of Employment Agencies, another organisation, a Catholic organisation, with great experience of this work, for many of these girls are Catholic, has made suggestions. It feels that we should get a contract or agreement signed without waiting for the Council of Europe. It suggests among other things that an au pair should have to provide a written reference and detailed information about herself, her capabilities and background and, if she is still abroad, a photograph. It suggests that an agreement should be drawn up between the parties before the girl leaves her country, or, failing that, within one week of her arrival among the family the contract, provided that it was in order, as one would hope, would be shown to the immigration officer and when registering with the police. It also wants her to have a medical examination one month, not three months as suggested by the Council of Europe, before she enters this country.

Both the Council of Europe and organisations in this country want the girl to have a separate room. Unfortunately, the Council of Europe does not state, and we think that this is important, that the room shall be in the house of the hostess herself, for we know from experience, not so much in this country as in France and other countries, that the girls are put into the little rooms which used to be used by servants, rooms which are in the tops of buildings, or sometimes with the concierge, or in a pension around the corner.

We also want their rooms to be heated. We find that this is one of the great difficulties. One girl remarked about the people of this country, "Well, they've got this pathetic belief that God, the Gulf Stream and two lumps of coal can keep them warm."

In return, we want the hostess to give information about the number of adults in the house, her husband's profession, her own if any and whether she does full-time or part-time work, the ages of the children and whether there are any animals in the house and so on. It is considered that in order to make the contract effective, it would be necessary to have a tighter control of the agencies and private bodies which are now placing au pair girls and, if it is possible, we should like further control over advertisements in the newspapers.

In the event of a serious transgression by either party, there should be an authorised body with power to act. When one of our deputations visited the Home Office, it was suggested that the British Business Association could do this if funds were provided. The girls need somewhere to turn. My association deals with 1,500 to 2,000 girls a year coming for advice or information about the families to which they are going, but it is only a small proportion.

I am asking the Minister not to wait for the Council of Europe agreement. It is no good in any case and we do not think that there is any point in waiting for it. We have not signed the convention and we do not have to sign any agreement for au pairs, but as these girls have been coming here since 1962, it is essential for the Government to take action. I am not speaking just for myself. There is great anxiety among social workers of different nationalities working in our institutions, voluntary or paid. I hope my hon. Friend will see that this is not just a technical problem, but a very human one.

There are some amusing quotations in this book on au pair girls written by Elaine Grand. For instance: Rosanna from Italy thinks everyone in England is a hypocrite except for George Brown". Or: The English woman's idea of a salad is a piece of dead lettuce, a bit of mashed up beetroot and half a rotten tomato. Or: The best part is London parks. There is no signs saying 'Keep Off the Grass' and people can eat on it and boys and girls make love there. I like this very much. The author says: I suppose the overall impression is that they don't like us. But it is much easier to criticise than to compliment, particularly in a foreign language. Basically I think they must have a sneaking fondness for us, otherwise they would all have rushed back home years ago. That is probably a good summing-up. It does not overcome the great problem of the need to protect these girls. They do not pay any National Insurance and they get health treatment free. The Council of Europe stressed particularly the question of maternity benefit which I thought rather unwise. That is another reason why my hon. Friend must see to it that we get a contract quickly so that we can put our own house in order and look after this matter.

7.7 a.m.

The Under-Secretary of State for the Home Department (Mr. Mark Carlisle)

I am well aware of the interest and concern that my hon. Friend the Member for Plymouth, Devonport (Dame Joan Vickers) has always shown in this subject, both in her dealings with the Home Office and through the Council of Europe. I assure her that I fully appreciate her concern. As she is aware, this country is the largest importer of au pair girls. I agree that the employment of such girls raises many human problems. What I am not so sure about is whether her solution, if it is intended to be a legally binding contract, would be the best answer. We must look at the present arrangement and ask whether entering into a legally binding contract might or might not change substantially the basis on which the au pair girls come to this country.

I should like to remind the House of the present position and of the guidance given by the Home Office with regard to their residence in this country. It is important that at the present, the au pair arrangement is an entirely voluntary one under which a foreign girl comes to this country, primarily to learn the English language and to have the opportunity to live for a while as a member of a British family.

It gives her a chance not only to learn the language of this country, but to see something of our way of life. She receives her keep and some pocket money. My hon. Friend said she was disappointed at figures in a recent Answer of £2 10s. to £3 as the recommended sum to be paid. The amount appropriate to be paid to an au pair girl must obviously take account of rising costs, but she receives her keep and pocket money and in return is expected to undertake light household duties.

I emphasise that the arrangement is essentially informal and must depend for its success on the goodwill of the au pair girl and the hostess. It is not the intention that they should be working students but that the au pair girl shall come to learn the language and live with an English family in exchange for a reasonable amount of light household work.

While I emphasise the informal character of the au pair arrangement, the Home Office have thought it advisable to issue guidance for the benefit of hostesses and au pair girls. A leaflet giving this guidance and setting out what are considered to be appropriate arrangements between the au pair and the hostess is now available in all the main European languages at consular posts for foreign girls who wish to inquire about coming here as au pairs.

I take my hon. Friend's point about people coming from far wider areas and I am inquiring whether or not this document is equally available for those countries as well.

When the girls enter this country to take up such a post they are given a copy of the leaflet in the appropriate language and a copy is sent to the address of the prospective hostess. The leaflet goes into some detail in setting out the conditions of au pair arrangements. While it is made clear that these arrangements are the responsibility of the two parties and they are not made through official channels, they outline the principles which they believe should govern the relationship between the two parties and the conditions in which au pair girls should be limited in period—

Dame Joan Vickers

I know about the leaflet. That is one reason I wanted the debate. It is no good them getting the leaflet when they get here. We want them to have leaflets before they get here.

Mr. Carlisle

My hon. Friend says the leaflet is of little value. It is available before they come as well as being given out when they arrive. My hon. Friend says that the leaflet has little value, but it sets out many of the basic aims which I think she has in mind. It recommends the type of work which an au pair girl should be expected to undertake. It recommends a reasonable maximum working time of five hours a day which my hon. Friend would agree is reasonable. It has no relation to some of the abuses which my hon. Friend mentioned concerning the sort of hours required. Not only does the leaflet set out reasonable hours but it points out that the relationship must be on a partnership basis and makes it clear that no girl coming to this country should be expected to help with the heavier chores if the hostess employs other help for that work. An au pair is expected to live on terms of social equality with the family to whom she comes and be prepared to do only the work which the hostess is willing to undertake.

I hope that my hon. Friend does not disagree with what is in the pamphlet. What concerns her, I think, is whether it is adequate and whether its terms are adequately carried out by people coming here. Therefore, I should like to say something about what happens at the point of entry of the au pair to this country. Before doing so, I wish to say, in answer to another specific point, that it is made clear in the pamphlet that the au pair girl should have a bedroom of her own, and it is clearly intended that the bedroom should be in the house of the hostess to whom she is coming.

My hon. Friend said that she knew of a case in which, at the point of entry, all that was said in the letter which the girl brought with her was, "My daughter requires a job as an au pair." The Home Office is always willing to look into any complaints raised about the system, but I understand that what normally happens on arrival at the point of entry to this country is that a good deal of trouble is taken by the immigration officers to ensure, not only that both parties are aware of what constitutes a reasonable au pair agreement, but that girls are not allowed entry to this country merely on the basis of their saying that they intend to take work on an au pair basis. Immigration officers have instructions to satisfy themselves that an acceptable au pair arrangement exists and the girls are asked to produce relevant correspondence saying that they have been in touch with prospective hostesses in this country, the names and addresses of whom are noted by the immigration officers. If the immigration officer is in doubt about whether a satisfactory arrangement has been made, he may make inquiries by telephone to the hostess before admitting the girl. That is the procedure which should be followed. If my hon. Friend has examples of it not having been followed, we will look into them.

It is very difficult to make sure that any arrangement is watertight. Anyone can come here claiming to come as a visitor and then take employment in this country—as that has happened in some cases which have created publicity. The normal procedure followed when a girl says that she has come here on an au pair basis is that she is granted permission to stay for 12 months and the inquiries are made.

My hon. Friend poured a certain amount of scorn on the European agreement on au pair placement. Again, I would say that the Government are at the moment studying with great care the terms of the European agreement, and they are in sympathy, certainly, both with the general objects of the European agreement and with the sort of conditions which it prescribes, which are very much the same sort of conditions as those I have already referred to earlier as being in the pamphlet "Au Pair" which is provided by the Home Office.

I now want to turn to the problem of whether or not a legally enforceable contract and the legislation necessary for registration of an au pair agency really would meet the problem which my hon. Friend mentioned. I must make it clear that the Government are still studying the terms of the European agreement, and they hope shortly to be able to announce a decision on the action to be taken in respect of the European agreement, but I am not in a position to make an announcement about that this evening.

I can tell my hon. Friend that we will take careful note of what she says about some form of model contract. Indeed, I think there may be a great deal in what she says about attempting a more formal realisation of the recommended arrangements under which au pairs come into this country, but if her proposals amount to converting au pair into ordinary employment, then I suggest that that would virtually abolish the au pair as such, and I think it would be a pity.

It would mean any person coming here would have to have a work permit; it would mean that the hostess would be immediately responsible for—I think it is—class one National Insurance contributions; and I think it would breach the basis of the informality of the arrangement which is the advantage of the successful au pair situation. When I say successful, I would again remind my hon. Friend that whereas rightly she has drawn the attention of the House from time to time to abuses of the au pair system, there are at the moment probably about 20,000 au pair girls here. This, in answer to a question, is purely an estimate; one cannot be sure; but it is believed to be a reasonable estimate. We believe that the vast majority of the arrangements work to the real advantage of both the hostesses and the girls themselves, and the Home Office has very little evidence of complaints, compared with the number of girls here at the moment.

May I suggest another difficulty which my hon. Friend, perhaps, ignored? That is the real difficulty of policing any system of a legally binding contract, or, indeed, of registration of au pair agencies. Many of the girls who come here do so as the result of individual contacts through friends or friends of friends, and do not come through any agency at all. It would be difficult to devise a scheme which would be watertight to avoid any of the abuses my hon. Friend mentioned and which would not require a vast army of inspectors to see carried out.

I can assure my hon. Friend that we take very seriously any complaints about abuses of the au pair system, and that the Home Secretary, in considering what action should be taken in regard to the possibility of a model agreement, or in regard to the European agreement, will bear in mind what she has said.

I am bound to say in the end, though, that I personally am doubtful as to whether unreasonable treatment of au pair girls by hostesses can be altogether prevented by Government action. Beyond establishing as clearly and as firmly as possible the respective rights and obligations of the au pair girls and their hostesses it is difficult to see how one can ensure by Government action that, for example, a girl is not required to work for unduly long hours. The normal remedy, of course, is for the girl who considers that her arrangements of working are unreasonable to decide herself to terminate the arrangements by leaving the household. If she is short of money or otherwise needs help, she may apply for help in this country to her own consulate, to the social services, or to any of the many other welfare bodies whose work in this sphere—I gladly acknowledge the work done by my hon. Friend, too—deserves great credit.

I repeat, that in view of the number of people here working on an au pair arrangement, we have little evidence that the system is abused, but there will inevitably be cases of abuse.

I am grateful to have had this opportunity of hearing my hon. Friend. We will bear in mind any information which my hon. Friend wishes to send to us and the views which she has expressed will be borne in mind in the review which is going on at this moment in this matter.