Overseas Domestic Workers (Hansard, 13 November 1991)

Earl Ferrers
My Lords, we have introduced changes in May of this year which require domestic workers to apply abroad for entry clearance. They must attend personally for an interview before being allowed into the United Kingdom with their employers.

§ Lord Hylton
My Lords, is it not intolerable that about 1,300 cases have been documented involving such matters as very low wages, false imprisonment in the employer's house, and physical and sexual abuse, without any effective government response or action? When will Her Majesty's Government start to take this matter seriously?

Earl Ferrers
My Lords, Her Majesty's Government do take the matter seriously. That is the reason why we have produced a leaflet which we give to every—the noble Lord, Lord Hylton, makes a funny face which is not a normal occurrence! We have produced a leaflet which informs people of their rights when they come to this country. The potential employer is also provided with a leaflet informing him of his rights. Once here those people, like any others, are subject to the laws of this country and to prosecution.

Lord Castle of Castle Morris
My Lords, is the Minister aware that many such workers already in the country are subject to the most appalling exploitation? The Filipino organisation Kalayan has recorded more than 1,000 cases since 1989. Can the Minister tell the House how many of the employers involved have been brought to court as a consequence? Does he agree that to accord to the workers' independent status from their employers would go a long way towards alleviating their desperate plight?

Earl Ferrers
My Lords, such workers who come here for domestic employment do so as a special concession. I cannot tell the noble Lord how many cases there are and nor can I tell him how many criminal prosecutions there have been because no statistics are kept in that form. When such domestic servants come to this country they are obliged to remain with their employers; to work for them was the reason why they came. They and their employers are subject to the law of this country as is everyone else.

§ Lord Donaldson of Kingsbridge
My Lords, is the Minister aware that the weakness of his case is that if as a result of bad luck the workers come here with a bad and evil employer they cannot leave and obtain another job? If one looks at the whole domestic scene in this country the numbers involved in such cases are small, although the need is growing. Does the Minister agree that it would be easy to make an alteration to the law given proper grounds?

Earl Ferrers
My Lords, a person does not have to come to this country. If someone applies to come here his application is considered. If his employer is already bad when the application is made to come to this country. it is odd that that person should continue to wish to come. However, if he does come with a bad employer, then that bad employer is subject to the same conditions as any other person or employer. The noble Lord asked why the Government cannot allow people to come to this country and then change their jobs. That would be an enormous loophole in the immigration law because people could come here saying that they are domestic servants and then immediately change their jobs.

§ Lord Wilberforce
My Lords, can the Minister comment on the deportation of such workers after they have become liberated? I have in mind the recently reported case of Helen Samuel, a Nigerian woman who was kept in captivity in appalling conditions for five years. Her employers were prosecuted and sent to prison for five years. According to newspaper reports the Home Office is now threatening to deport her. Can the noble Earl give any assurance that the policy of deportation will be applied, if at all, with the greatest care and humanity?

Earl Ferrers
My Lords, the noble and learned Lord is correct; the court sentenced both her employers to five years' imprisonment. That indicates the seriousness with which the courts and judicial system treat such cases. Helen Samuel has been allowed to remain here exceptionally for one year in view of the 560 particular circumstances of the case. If she applies for an extension she must qualify under the immigration rules.

§ Lord Hylton
My Lords, are not the Government worried that new cases of domestic workers leaving their first employer are occurring at the rate of about 45 per month? Does not that indicate the urgency of the matter?

Earl Ferrers
My Lords, if a person comes into this country as a domestic employee with a special concession under the immigration rules, he or she comes in under the employment of the person with whom he or she comes and is not entitled to move. If the noble Lord, Lord Hylton, is right in saying that people move, they are almost certainly breaking the rules.