My Lords, these amendments, which I support, raise both the role and resources available, as the noble Baroness, Lady Hamwee and the noble Lord, Lord Rosser, described, to the Director of Labour Market Enforcement. Reading though the exchanges in another place, it is clear that the Government were uneasy at Report stage about the lack of clarity in the Bill. Otherwise, why would the Minister, Mr James Brokenshire, have given an assurance to the House of Commons that they would go away and reflect on the matter? Therefore, it would be interesting to hear today the outcome of those reflections.
Certainly, looking at what was said in another place, there are some contradictions obvious to anyone who reads those exchanges. The Minister said, for instance, in Committee:
“We intend the director’s remit to cover labour market breaches, not immigration offences”.—[Official Report, Commons, Immigration Bill Committee, 27/10/15; col. 163.]
That is very straightforward. However, at a later stage, he said:
“The provision is not intended to stray into the separate issues of immigration enforcement, but if cases of people who are here illegally are highlighted, the director would be duty-bound to report that and to pass on intelligence through the hub that is being created”.—[Official Report, Commons, Immigration Bill Committee, 27/10/15; col. 166.]
I would therefore like to know what happens when there is a contradiction between those two roles. Where there is a protective role and an enforcement role, what would be the director’s expected priority in those circumstances? We said throughout the proceedings on the modern day slavery and human trafficking legislation that it should always be victim focused. Is this a derogation from that, or are we simply being consistent with what we did before? The House needs to know before we give this the green light.
I was surprised when the Minister in another place, in refuting the arguments that have been put forward again in your Lordships’ House today, said,
“I simply do not think it is necessary”.—[Official Report, Commons, Immigration Bill Committee, 27/10/15; col. 166.]
I wonder why he came to that conclusion, because clarity in legislation is always highly desirable. Otherwise, why would he have wanted to go away and reflect; why would these amendments have been moved in another place; and why would they be here again today? Clearly, something is necessary. Will the Minister, if he cannot put it right today, be agreeable to doing so on Report?