CMNT_TITLE

Migration for Employment Convention (Revised), 1949 (No. 97) - United Kingdom of Great Britain and Northern Ireland (RATIFICATION: 1951)

Other comments on C097

Observation

Direct Request

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Article 1 of the Convention. Information on national policies, laws and regulations. Further to its observation, the Committee notes from the Government’s report that the most significant changes to the national immigration system with respect to migrant workers from outside the European Economic Area (EEA) were made between June 2007 and June 2012. The Committee notes the extensive explanations in the Government’s report regarding the contents and the modalities of the Points Based System (PBS). It notes that Tier 1 covers highly skilled individuals to contribute to growth and productivity, while Tier 3 covers skilled workers with a job offer to fill gaps in the UK labour market, and Tier 5 youth mobility and temporary workers. The “Temporary Workers Route” has five sub-categories including charity workers, creative and sporting, government authorized exchange, international agreement and religious workers. Regarding other work-related routes, the Committee notes that a number of routes were deleted in 2008, including those for “work permits”, “overseas qualified nurse or midwife”, “au pairs”, and “private servants in diplomatic households” and that on 6 April 2012, new changes were introduced to the procedure for overseas domestic workers and domestic workers in diplomatic households. The Committee requests the Government to explain the reasons for the changes to the immigration “routes” for overseas domestic workers and to continue to provide information on any developments in the laws and policies concerning migration, with an indication of their impact on the application of the provisions of the Convention.

Statistics. The Committee notes the efforts made by the Home Office to collect and publicize on its website comprehensive immigration statistics on a regular basis. The Committee notes that the statistics are not disaggregated by sex and that the Government refers in this regard to a publication assessing the gender-related impacts of policy changes, which is however not available. While welcoming this initiative, the Committee would appreciate, given the comprehensive information available, if the Government could include in its next report a summary of its own assessment of the statistics on migration, including to what extent they reflect changes in policies and legislation regarding the employment of migrant workers. Given the feminisation of international labour migration in general, the Committee asks the Government to take steps to ensure that migration statistics are disaggregated by sex, and hopes that the Government will be in a position to provide such statistics in its next report.

Articles 2 and 7. Services and information to migrant workers and international cooperation among public employment agencies. The Committee notes the Government’s indication that Jobcentre Plus is an active participant in the European Employment Services Network (EURES) and provides national coverage of EURES advisers, including with the EURES Team in Northern Ireland. Access is also provided to all vacancies held on its national database via the EURES Web Services vacancy exchange with European Member States. The Government further participates in meetings with non-governmental organizations, employers and partners in other States to help resolve issues faced by migrant workers coming to the United Kingdom. The Committee asks the Government to provide information on the specific activities of Jobcentre Plus to assist migrant workers in the United Kingdom, as well as additional information on its cooperation with workers’ civil society, and employers’ organizations and partners in other States regarding services provided to migrant workers.

Article 3. Licensing of private recruitment agencies and misleading propaganda. The Committee notes with interest the various measures and action taken by the Gangmasters Licensing Agency (GLA) to enforce the Gangmasters (Licensing) Act of 2004 and to provide information to both workers and employers as well as labour providers. The Committee notes in particular the information on the GLA’s website regarding its prosecution policy, complaints procedures, the list of registered providers that have a licence, and information for workers, such as the Guide on “Workers’ Rights. Protecting Workers through Licensing”, available in 18 languages, and the codes of practice on compliance and enforcement, as well as several guides for labour users. The Committee notes from the GLA’s annual reports that the GLA collaborates with external partners such as the Human Trafficking Centre and the police to enforce the relevant legislation. The Committee requests the Government to continue to provide information about the activities of the Gangmasters (Licencing) Act of 2004, and on any complaints submitted by migrant workers to the competent authorities regarding non-compliance, including misleading information provided by gangmasters relating to terms and conditions of work or the migration process in general.

Article 6. Equality of treatment. The Committee notes that the Equality Act of 2010 prohibits discrimination on the basis of a number of grounds including sex, religion and race, which also includes nationality (section 9(1)(b)). The Committee also notes the Agency Workers Regulations 2010 and the action undertaken, including the inquiries and subsequent reviews by the Equality and Human Rights Commission (EHRC), into discriminatory practices, including on the basis of nationality, against workers in the meat and poultry processing sector, which employ a large number of migrant workers. In 2011, migrant workers accounted 34 per cent of the total work force in the poultry and meat sector. The Committee asks the Government to provide information on the number and nature of any complaints brought to the EHRC or the courts by migrant workers relating to racial discrimination on the basis of nationality with respect to the matters covered in Article 6(1)(a)–(d) of the Convention. Please also provide information on any initiatives by the EHRC or other authorities competent to monitor or enforce equality legislation to assess and detect unequal treatment between migrant workers and nationals regarding the matters covered by Article 6 of the Convention.

Article 6(1)(a)(iii). Equality of treatment with respect to accommodation. The Committee notes the Government’s indication that there are no restrictions on the freedom of a person admitted to the United Kingdom to access accommodation on the same basis as nationals. Third country nationals who have demonstrated a sufficient link to the United Kingdom can also access publicly subsidised housing or housing benefits where those services constitute social assistance and social security. The Government also refers to the protection against discrimination in the provision of services, including accommodation services, under the Equality Act of 2010. The Committee asks the Government to provide information on the practical application of the relevant provisions in the Equality Act prohibiting discrimination in the provision of services, including housing, including any cases submitted by migrant workers to the EHRC, the courts or other competent authorities, alleging unequal treatment based on nationality with respect to the provision of accommodation.

Article 8. Maintenance of residence in case of incapacity for work. The Committee notes the Government’s confirmation that while it is a requirement for the acquisition of Indefinite Leave to Remain ((ILR) or “settlement”) that the applicant must be able to maintain and accommodate themselves without recourse to public funds, the ILR would not be revoked in the circumstances that once granted, these conditions ceased to be met.