My Lords, my noble friend Lord Paddick and I have Amendments 5, 8, 10, 25, 28, 32 to 34 and 37 in this group. Our names are also put to Amendments 7 and 36, tabled by the noble Lord, Lord Rosser, like whom I think it is important that the legislation is clear as to the director’s purpose. In other words, what is the point of the director? The director’s strategy is, in my eyes, a mechanism for implementing his purpose, and unless we spell out the purpose in a succinct fashion then we go straight to the strategy and that does not seem to be logical.
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My Amendment 5 would go further than Amendment 4 by saying that,
“The primary function of the Director shall be the protection of workers from exploitation”.
It would not tie their status down to or specify other legislation. I appreciate of course that the director is not going to be able to act unless he is formally able to do so by reference to other legislation, but he should be in a position to see what is going on right across the labour market, so that he can advise on a cross-governmental basis and monitor access to remedies across the labour market. If this approach is attractive it would need other amendments, but at this stage I would simply say that although a single regime is welcome, if the objective is protection from exploitation, the legislation should say so.
I would also ask whether there is a place for a relationship with the Health and Safety Executive and with local authorities, which have duties in enforcing health and safety legislation and the rights of children at work. We also want to make clear, as has been said, that although this is in an Immigration Bill, it is not about immigration enforcement. Employers have duties towards the whole of the workforce, whoever they are, and although immigrants—including legal immigrants who do not understand their rights—may be particularly exploitable, what we must not do, as the noble Lord said, is deter immigrants from seeking help to escape abuse. The Minister in the Commons did agree to continue to reflect on this, and we now have the government extension of functions in the new schedule, but I think, if anything, that might add to the risk of deterrence that the noble Lord and I are concerned about, by associating inspection and immigration.
Our Amendments 25 and 28 would insert a reference to the “protection of workers” in the provisions which allow the Secretary of State to prescribe additional labour market enforcement functions and offences. This is asking for an assurance from the Minister, which I am sure he will find it easy to give, that the provisions are not primarily aimed at immigration enforcement. The question is what enactments or offences are in the Government’s contemplation.
Amendments 33 and 34 are also about which workers are protected. Again, time was spent on this in the Commons, but it is obvious from the briefings that I and, I am sure, other noble Lords have received that there is still some confusion. This is not only about cases where there is no right to be in the UK. Under the Employment Rights Act, whose definition is imported here, a worker is a defined as someone who has entered a “contract of employment” or another contract, which I assume means a contract for services where someone is self-employed. One question is whether, in a situation of exploitation, there is always a contract, but particularly important is that Amendment 33 replicates the definition of a worker in Section 26 of the Gangmasters (Licensing) Act, which includes the fact that a right to be in the UK is irrelevant. Switching from a definition which the GLA has been accustomed to work with raises issues in itself.
As for Amendment 37, Clause 5 says the Secretary of State can remove material from the director’s strategies and reports, on the basis set out, for example if it would,
“be against the interests of national security … jeopardise … safety … or … prejudice the investigation or prosecution of an offence”.
That is fair enough. I have seen that elsewhere in legislation. However, Clause 5(2) says that the Secretary of State must not then put that material back when he lays the report before Parliament. I am puzzled as to why that is necessary. If the Secretary of State has taken it out, is he likely to put it back before laying the report before Parliament? Is this because the Home Office fears a future Secretary of State might lose the plot, or is it to protect against a change of Government or what? I was curious.
Amendments 8 and 10 are on resources, and again I was confused as to where to deal with this. However, the means as well as the ends need to be willed; fine words about objectives are not enough. This has been such an issue throughout discussions not just on the Bill but on the remit of the Gangmasters Licensing Authority. Quite rightly in previous debates, the point has been made that it would be very good to extend the remit, but we must make sure that they have the money to do so; otherwise, we risk damaging the good work currently done. It is essential that the director takes resources into account. Otherwise, what is said is effectively meaningless.