Domestic Workers from Overseas (Hansard, 23 March 1993)

The Minister of State, Home Office (Earl Ferrers)
My Lords, overseas domestic workers are allowed to accompany their employers to the United Kingdom only if there is an established and bona fide relationship between the employer and the employee. That is a higher level of screening than that which is used in au pair cases. All domestic workers are entitled to the protection of United Kingdom employment protection legislation.

§ Lord Hylton
My Lords, I thank the Minister for that Answer. If it is right that young women coming from, say, France or Yugoslavia should be protected, why are the Government obstinately refusing to provide adequate protection for young women of a comparable age coming from countries such as the Philippines and India, who are here solely to undertake domestic work?

Earl Ferrers
My Lords, au pairs come here in a different capacity from those who come as domestic workers. Au pairs are not domestics; they come to live as part of a family, to learn English, to find out about our way of life and to undertake light domestic duties of a kind that any daughter might undertake—

§ Lord McIntosh of Haringey
My Lords, and any son!

Earl Ferrers
My Lords, no, the noble Lord, Lord McIntosh, must not pre-empt events; it is daughters at the moment and sons later on. In return, the young women receive board and lodgings and pocket money. Domestics are in a totally different category. They have had a period of employment with their employer and on arrival they are subject to the employment legislation of this country.

Lord Bruce of Donington
My Lords, is the Minister aware that there are many cases of domestic workers coming to this country from places such as India whose passports are taken away from them by their employers? Consequently, they are denied the ordinary rights which are available to other people coming to the United Kingdom.

Earl Ferrers
My Lords, I do not have any figures to show the number of people whose passports have 160 been removed by their employers. Such action is an offence and if the domestic workers go to the police the necessary inquiries will be made.

§ Lord Donaldson of Kingsbridge
My Lords, is it not the case that two years ago when we discussed the matter the Government promised to issue a letter to all domestic servants coming into this country advising them to be careful not to give away their passports?

Earl Ferrers
My Lords, when domestic servants come to this country with employers they must have entry clearance and an interview. Entry clearance is granted only if the domestic worker has been in paid employment for a substantial time. The entry clearance officer ensures that the applicant receives and understands a leaflet explaining his or her rights in the United Kingdom. Employers also receive a copy of the leaflet intended for domestic workers and they will be aware that their servants have rights under our law.

§ Lord Archer of Sandwell
My Lords, does the Minister realise that some of the worst abuses have occurred because the domestic workers have no one to whom they can turn for advice and counselling? Could it not be made a condition of entry under the concession that they have regular access to a counselling service?

Earl Ferrers
My Lords, that would result in an undue increase in bureaucracy. If domestic workers wish to have counselling and to speak to people because they feel abused in any shape or form they are entitled to go to the police as much as is anyone else. The noble Lord appears to be indicating from a sedentary position that they cannot get out. Of course, if a person is held against his or her will that is an offence and it requires someone to take some action.

§ Lord McIntosh of Haringey
My Lords, the Question referred to the 1980 concession. Does the Minister agree that the concession was in favour of employers rather than those coming into this country? Is it not the case that a survey carried out by the Commission for Immigrant Filipino Workers revealed that as many as 80 per cent. of those domestic workers have their passports taken away and that a high proportion are subject to abuse and lack of payment? If there is a circular which gives them advice about their rights, why have its effects not been monitored and why has my noble friend's suggestion of counselling help not been taken up?

Earl Ferrers
My Lords, it is perfectly reasonable that anyone who comes to this country should know the conditions under which they are coming. Domestic workers will be allowed entry into this country only if they have already worked with their employer and know what is expected of them. Once they are here they are subject to the laws of this country, like anyone else. It is not suitable to set up a special counselling agency checking on all people who have foreign domestic workers living with them in order to make sure that those workers are being looked after properly.

§ Lord Donaldson of Kingsbridge
My Lords, although I agree that the numbers are few, the status of domestic workers who come to this country and then row with and leave their employers is different from that of other people because they immediately become illegal immigrants. The situation is rather tragic. I do not believe that the Government have ever paid enough attention to this matter. The numbers involved are few. I should like to ask that at least special attention should be given to every such case and a careful record kept.

Earl Ferrers
My Lords, I agree that if a person who has come into this country has a row with his or her employer and then wishes to change employment, under the arrangements that person would be an illegal immigrant. However, there were 8,613 entry clearances issued for domestic workers between January and August 1992. I am sure your Lordships will agree that to give counselling to all those people would be a substantial undertaking.