Order, order.

Immigration Bill (2015)

A bill to prevent exploitation of migrant labour.

BE IT ENACTED by The Queen's most Excellent Majesty, by and with the advice and consent of the Commons in this present Parliament assembled, in accordance with the provisions of the Parliament Acts 1911 and 1949, and by the authority of the same, as follows:—

1. Overseas Workers and Tied Visas

(1) All overseas domestic workers in the United Kingdom, including those working for staff of diplomatic missions, shall be entitled to:

(a) change their employer (but not work sector) while in the United Kingdom;

(b) renew their domestic worker or diplomatic domestic worker visa, each such renewal being for a period not exceeding twelve months, as long as they remain in employment and are able to support themselves without recourse to public funds;

(c) a three month temporary visa permitting them to live in the United Kingdom for the purposes of seeking alternative employment as an overseas domestic worker where there is evidence that the worker has been a victim of modern slavery.

2. Exploitation of Migrant Labour

(1) A person commits an offence if they employ migrant workers to do a given job on significantly different terms to those offered to local workers in the same area, specific enterprise, and industry.

(2) In subsection (1), significantly different terms includes:

(a) paying lower wages to migrant workers than those offered to local workers;

(b) allowing migrant workers to work under poorer conditions, such as with fewer rest periods, greater insecurity, or a greater health and safety risk than those conditions in which local workers would be expected to work or presently work in;

(3) A person found guilty of an offence under this section shall be liable for:

(a) a term of imprisonment lasting no more than one year;

(b) a fine of no more than £20,000.

(4) A body shall be considered to know of the employment of migrant workers on significantly different terms to those offered to local workers if a person of responsibility within the body is aware of that fact.

(5) If an offence under subsection (1) is committed with the consent of an officer of the body, the body, and the officer, shall be considered to have committed an offence.

(6) In subsection (4), an officer is defined includes:

(a) a director, manager, or secretary

(b) a member of a body if the body is managed by its members

(7) In this section:

(a) a migrant worker refers to a worker resident in the United Kingdom for less than one year who has foreign citizenship or requires leave to enter or exit the United Kingdom.

3. Remit of the Gangmasters Licensing Authority

(1) Under section 3, subsection (1) of the Gangmasters (Licensing) Act (2004), insert:

(a) subsection (1)(d), "work in construction"

(b) subsection (1)(e), "work in hospitality"

(c) subsection (1)(f) "work in care homes"

(d) subsection (1)(g) "work in cleaning"

(2) In subsection (1)(c) of this act, "work in care homes" refers to work in any residential institution providing accommodation and care for those unable to look after themselves.

(3) In subsection (1)(b) of this act, "work in hospitality" refers to work in hospitality is defined as work in hotels, restaurants, lodging, and transportation within the service industry.

(4) In subsection (1)(d) of this act, "work in cleaning" refers to work in any sector in which an individual is employed to clean premises and items.

(5) The Secretary of State may by order amend section 3 of the Gangmasters (Licensing) Act (2004) to include other areas of work where the Secretary of State believes abuse and exploitation of workers or modern slavery or trafficking may be taking place.

(6) An order under subsection (5) may not be made unless a draft of the Statutory Instrument containing it has been laid before each House of Parliament and been approved by a resolution in each House.

(7) To section 14 subsection (1) of the Gangmasters (Licensing) Act (2004) insert:

'(e) an offence under section 12 (1) of the Coroners and Justice Act (2009)'

4. Advertising for Vacancies

(1) After regulation 27 of the Conduct of Employment Agencies and Employment Businesses Regulations (2003) insert:

“27A - Advertising in other EEA states"

(1) An agency or employment business must not advertise a vacancy within Britain in an EEA state other than the United Kingdom unless:

(a) it advertises the vacancy in English in Great Britain at the same time as it advertises the vacancy in the other EEA state; or

(b) it has advertised the vacancy in English in Great Britain in the period of 28 days ending with the day on which it advertises the vacancy in the other EEA state.

(2) Paragraph (1) does not apply if the vacancy is for a worker to act solely for, and under the control of, the agency or employment business itself.

(3) The agency or employment business is exempt from paragraph (1) if the agency or employment business believes, on reasonable grounds, that advertising the vacancy as described in paragraph (1) would be unlikely to result in someone with the necessary skills in Great Britain applying."

5. Civil Legal Aid for Victims of Trafficking

(1) Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (availability of civil legal services) is amended as follows:

(a) In Part 1 (services), in paragraph 32(6) after “such grounds” insert “or, where the services are provided before the competent authority has considered or determined that there are such grounds, the legal representative providing those services reasonably believes that the standardised indicators of trafficking are met”

6. Compensation for Victims of Trafficking

(1) All those identified as victims of trafficking by the Police and Criminal Justice System shall be eligible for compensation paid by the perpetrators.

(2) The value of this compensation shall be no less than twice the value of the unpaid work, in addition to compensation for any psychological or physical harm to the victim of trafficking by the perpetrators.

(3) In subsection (2), "the value of unpaid work" shall be equivalent to the number of hours worked by the victim, multiplied by the median wage within the industry in which the forced labour took place.

(4) Compensation cannot be awarded under subsection (1) if the victim has already been paid compensation as a result of civil or criminal proceedings.

7. Extent, Commencement, and Short Title

(1) This act extends to the whole of the United Kingdom

(2) This act comes shall come into force immediately upon enactment.

(3) This act may be cited as the Immigration Act (2015)

This bill was submitted by Labour Leader and MP, The Rt. Hon. /u/can_triforce on behalf of the 5th Government.

The discussion period for this reading will end on the 8th of August.