Official Report 206KB pdf
Item 1 is the continuation of our inquiry into the Scottish Executive's fresh talent initiative, for which we have two panels of witnesses. I welcome our first witnesses, Stephen Boyd and Dave Moxham, who are assistant secretaries at the Scottish Trades Union Congress. We been given a copy of written evidence that the STUC has submitted to the inquiry. I invite Mr—[Interruption.] I remind members to switch off their mobile phones. I now invite Mr Moxham to speak to the committee.
It is a pleasure to be here and to speak about an important initiative. As the convener said, we have submitted written evidence, so we do not want to take up too much time with an opening statement. We simply underline our view that the evidence that the committee has heard from several experts about demographic change highlights a real problem. Several measures will be required to increase the number of hours that are worked in the broadest sense by people who are resident in Scotland, to deal with the aging population.
I begin on planning and development of the fresh talent initiative. The STUC and its constituent unions have tremendous experience of the labour market and of recruitment and retention issues. Has the Executive engaged the STUC in any dialogue about preparation of the fresh talent initiative and how the initiative operates in practice?
We have had continuing discussion with the Executive on the general issue of demographics and on a range of related projects, such as our one workplace project, which aims to deal with racism and other equalities issues in the workplace. However, we did not have deep engagement with the Executive on the development of the fresh talent initiative.
You mentioned practical workplace issues and material concerns that you might have about racism and other workplace matters. Do you have experience of such issues being brought to the fore? Do you have concerns about such matters that the fresh talent initiative has not yet adequately addressed?
It should be said that gathering such evidence is difficult. Where trade unions are active, practice tends to be better, but it is not easy for us to gather evidence. Second-hand and anecdotal evidence is more likely than direct experience, because our people tend to be able to deal with such issues and—dare I say it—to cut them off at the pass.
You mentioned the fish processing sector in north-east Scotland. In my constituency, an enormous number of migrants work, as far as I can make out, satisfactorily and happily in the food processing sector. Do you gather from your constituent unions feedback about difficulties in the adjustment of migrant workers into the general workforce? If so, will you convey to us information on that?
It is difficult to gather information that is specific to the food processing industry, although it is clear that some of the examples of worst practice that have been publicised in the press do exist.
Finally, in your written evidence you state:
There is plenty of evidence that sound employment practice is a key driver in retaining all workers, whether they are migrants or not. If anything, the issue is more true in relation to migrant workers. The market for migrant workers will—to put not too fine a point on it—become more difficult and competitive, and we will be competing against people south of the border and in other European countries. Migrant workers' experience of work in terms of the level of understanding they receive from employers, wage levels and their general terms and conditions will have a key impact.
The section in your submission on the working environment and the responsibility of care is particularly important. I am sure that many examples could be cited. I can think of one case in my constituency, in which a company interviewed a prospective employee who was a well-qualified scientist. At the end of the interview he was asked how much money he needed to be paid. When he gave his answer, the employer said, "We wouldn't be allowed to pay you as little as that here."
That is difficult to do, although it is not difficult when we talk about FirstBus, from which the committee has heard evidence and which has a fully unionised workforce and has welcomed the fresh talent initiative. It will be difficult in sectors where there is not currently that level of organisation, but there is an opportunity if we examine current health and safety models. There are in England and Wales pilot schemes on general health and safety that involve the Trades Union Congress. The Health and Safety Executive works with union health and safety officers in visiting non-unionised sites—essentially it uses the expertise that trade unions have in the sector to its advantage and to the advantage of the general workforce.
The STUC submission mentions that immigrant workers might face three potential problems, which are:
On the last of those three issues, it is absolutely clear that agencies and other organisations to some extent advertise at lower rates abroad. Evidence from UCATT suggests that the rates for posts that are advertised abroad are 20 per cent to 30 per cent lower than the rates that are advertised here. To be honest, I am unaware of what mechanism could be used to tackle that problem. The job permits system might be used as a mechanism whereby, at the very least, we can suggest and monitor good practice. I am unaware of exactly what mechanisms might be used to make such a process mandatory, but I believe that the work permits system might provide some possibilities.
Apart from the statutory minimum wage, are there any other mechanisms that might be used to achieve justice for people who feel that they are being discriminated against? In your time as a trade unionist, have there been any cases in which immigrant workers have successfully gone to the Equal Opportunities Commission or an employment tribunal to get a fair deal with regard to wages, job opportunities or conditions of work?
I cannot think of a specific example of such a case. My impression is that what you suggest would happen within a firm itself; the law is relatively clear about cases in which two people who do the same job are paid different rates. It is more likely in such situations that a system of self-employment will operate. For example, people who come on to a building site might be deemed for legal purposes to be self-employed, which very often takes them outside the law and makes it much more difficult to prosecute such cases.
In your submission, you say that more than half of the current 35,000 hard-to-fill vacancies are because of skills shortages. Is enough being done to upskill and retrain Scotland's indigenous population? Do you have any role in that? Are Scotland's further and higher education institutions being responsive enough to skills shortages?
That question probably needs a whole evidence session to itself. I will do my best to be concise.
The question will certainly be asked in my constituency, which has a high number of unemployed people. They want to know why we cannot do more to retrain and upskill people to meet skills shortages.
Work has certainly been done through the enterprise networks and the national training programmes. Moreover, the Scottish Executive is currently working on its employability framework, which it expects to publish in midsummer. Of course, your colleagues in the Enterprise and Culture Committee will examine employability later in the year.
I want to stop you on that very interesting point about the fresh talent initiative's focus. Such an initiative might focus either on skills shortages or on simply getting 8,000 people into Scotland annually to ensure that our population does not fall below 5 million. What do you think the focus should be?
I am not sure that it is possible simply to highlight a focus in that way. To get back to the bare bones of the question, I think that representatives of Futureskills Scotland, for example, might say that in Scotland we do not have skills shortages as such but that we have, rather, skills gaps in soft skills and so on. A huge debate is emerging around whether that is the case—I do not know; we would have to do a bit more work on that—and what the best way is to address those skills gaps.
My answer would be that we have to do a little bit of both. However, it is vital that we identify skills shortages. When the committee took evidence about the information technology industry, it was struck by the fact that there is a huge market for IT people from eastern Europe because they work on the most advanced and most technologically competent systems because they are new in the game, whereas the skills of people in Scotland who were IT experts in the 1980s and early 1990s are a little bit out of date because the new technology has overtaken them. A great deal of work needs to be done on upskilling and on the skills-technology mismatch in Scotland, but I am not sure that enough is being done. We have gone through diversification from manufacturing into industries such as IT and are now finding that people from eastern Europe have qualifications that make them more employable than people from Scotland. Should we do more with the universities to address such gaps?
I was not aware of a specific skills shortage in IT, but I am sure that that is a fair point. Generally speaking, the point is apposite. We all have to work together; the STUC works with employers and promotes training through the Scottish union learning fund. To be fair to the Executive and the enterprise network, a lot of work is being done at the moment on knowledge accumulation and dissemination between further and higher education institutions and business, particularly through the intermediary technology institutes. The fresh talent initiative will be semi-long term, as such initiatives ever are, and the policies have to be given time to work.
You referred to the European directive's impact on agency workers.
That was Dave Moxham.
I am sorry. What was the extent of that impact? You mentioned soft skills in the context of the fresh talent initiative. Will you define soft skills and tell us where the definitive line is drawn between soft and hard skills and how educational processes can be applied to help people who come to Scotland through the fresh talent initiative? I ask that against the background of a report that was published yesterday that said that 109,000 people in west central Scotland are in long-term unemployment but do not register on the official statistics.
In all our submissions on economic matters in the past couple of years, we have highlighted those who are economically inactive, the hidden unemployed or however one wants to put it. That is a massive issue for Scotland. I have seen figures that say that, if Glasgow could move in line with the national average, it would be likely to add 1 or 2 per cent to Scottish gross domestic product. It is a huge issue, particularly in west central Scotland.
I am not sure that I can be of further assistance to the member in relation to agency workers. There is a degree of opposition—I am being kind when I say that—to adopting the directive on the part of the larger employers organisations. I am happy to furnish the committee with any more up-to-date position that we have on the matter, but I cannot give much more detail at this point. I offer my apologies.
It would be helpful if you could name those employers organisations because I am not sure which organisations you are referring to. We will hear from small businesses in a subsequent session and it will be interesting to hear how they think the directive applies to them.
We are perhaps in danger of conflating different issues. On the fresh talent initiative and the point about bringing in people from abroad, we certainly must be able to offer them assistance, particularly with language training in further education colleges. That is a given.
Some time ago, a scandal was revealed regarding nurses who were coming in from the Philippines. The Scottish Executive or one of the health boards or health trusts was using a recruitment agency to bring the nurses into Scotland and it was discovered that they were being paid much less than the equivalent Scottish national health service workers and that compulsory deductions were being made from their salaries for accommodation; complaints were made about the level of those deductions. Unison made allegations about the exploitation of those workers.
On the question of equivalence and the general issue of fair employment, specifically in relation to migrant workers, the public sector has a key role to play. The role of setting a good example is as important as any. Agencies will probably continue to be used; I am not aware of any specific plans for a public sector recruitment agency, which would be an interesting possibility. The issue is to ensure that they do their job properly.
I have a couple of follow-up questions. After we have finished the inquiry, we intend to make recommendations and publish a report. It is becoming clear that there is concern that migrant workers could be exploited and might not get paid properly. That is bad for them and it also displaces the local workforce. We are looking for things that we can recommend to tackle the problem. For example, would it be helpful if every individual who came to Scotland under the fresh talent initiative was given written information outlining their rights in relation to working hours, pay, trade union membership and all the rest of it?
My understanding is that such a document is available. It is a UK-wide document and it has been distributed to some migrant workers.
If we want employers—whether in the public sector or the private sector—to take on this fresh talent, is there a case for the Scottish Executive doing some kind of official supervision of those who employ foreign people, who are obviously vulnerable because they come from a different background and might have language difficulties? I am thinking of the food processing industry and the Scottish Agricultural Wages Board that is meant to keep an eye on agricultural processors; how well it does that is debatable. Would it be worth pursuing more effective supervision of employers who employ the category of employee that we are talking about?
There is a very strong case for that, and I think that I speak for the trade union movement when I say that we would be prepared to get involved in that directly.
We have talked quite a lot about the issues that arise in merging a migrant workforce with the labour force in this country. We have also talked about language skills and some other difficult factors. All that comes back to ensuring that the existing regime in relation to the working environment is of the appropriate quality and standard. Are you satisfied that the merging of migrant and domestic workforces in the workplace is adequately supervised by different agencies in this country? I am thinking in particular of the Health and Safety Executive. Where there is a language difficulty between members of staff, fundamental health and safety issues can become difficult to communicate. Are you satisfied with the supervisory arrangements, or are there issues that are inadequately dealt with by the existing agencies?
There is good practice out there, including good Health and Safety Executive practice. Of course things can go further, apart from anything else because there will be a changing picture with which we have to deal. I have already referred to the importance of health and safety information for migrants with English as their second language. Perhaps I should go further and say that there should be health and safety training for migrant workers and that it would be helpful to have migrant workers communicate the health and safety message in workplaces—especially in workplaces in which the migrant workforce is large. In a sense, it is not our job to be satisfied with the level of supervision; our job is to argue for more supervision and more trade union involvement in its delivery. Therefore, I suppose that the answer to your question is no, but that should not be taken as an absolute criticism.
Employment is a reserved matter, so the Executive has been understandably nervous about getting involved in workplace issues. Our contention is that an Administration such as the Executive, which is wedded to improving productivity, cannot take a totally hands-off approach. How people are treated at work, how organisations are organised and how they can change must be considered. Our main problem with "The Framework for Economic Development in Scotland", which was published last year, was that it did not mention the workplace and how people are treated at work. We were to make huge productivity improvements without engaging with people who are meant to become more productive. The issue that is involved is wider than fresh talent; it is about how we improve Scotland's workplaces for Scotland's workers and how we can improve the quality of work.
That is an interesting point, for which I thank you.
We have tried to use the parameters that the committee set as the basis for our comments. The committee asked us to comment on how refugees and asylum seekers are treated when they come to Scotland, what rights they have, whether their skills are utilised to their maximum potential and what legislative restrictions they face in seeking work. It also asked for our views on the fresh talent initiative and how it could be improved.
What was the statistic on those with a university education?
Twenty-one per cent.
Thank you for your remarks, which give us a flavour of the issues that are of concern to you. I want to pursue the last issue that you raised—that of lifting the barriers to employment for people who are here seeking asylum. At the outset, you mentioned the figure of 12,000. What proportion of those 12,000 people are or are likely to be permanently resident here?
Do you mean resident in the future?
Yes.
About 40 to 50 per cent will receive positive decisions allowing them to remain in the country. Many asylum seekers have been resident here for several years and are settled and established in communities, although no decision has been made on their claim.
In essence, your view is that we should utilise the skills of individuals while they are here temporarily, given that we have skill and population shortages.
Yes. Why should we treat them as if they are not needed, when they are needed? Why should they not be able to stand on their own two feet and to contribute to the economy while they are here?
What reasonable steps would public authorities need to take to make it a practical proposition for asylum seekers to be allowed to work?
Westminster has responsibility in this area. The Scottish Executive must have the guts to say to Westminster that its policy contradicts what we need in Scotland. We have a declining population and people here are not having enough children. To solve that problem, we need to be able to allow asylum seekers to work and to be part and parcel of society. Why should we not allow them to work? What matters is not where they come from, but where they and everyone in Scotland are going and how they are contributing. Instead, people are being left in enforced idleness. The Scottish Executive needs to get its act together and to lobby Westminster to allow asylum seekers to be granted permission to work, to seek work and to stand on their own two feet. That would allow Scotland to stand on its own two feet.
Once again you have contrasted the reality of population decline in Scotland with the message from a wider political debate that is not supportive of immigration. Earlier you said that the one Scotland, many cultures message was being largely drowned out by that debate. What steps need to be taken to address the dichotomy of the need for us to increase our population and the wider debate and culture that are not exactly enthusiastic about immigration?
The agenda of the home counties in England is an agenda for the home counties. Population decline is an agenda on which Scotland needs to lead. The Scottish Executive needs to show more leadership in pushing through what Scotland needs in economic policy and in order to tackle population decline. The Westminster agenda that scapegoats asylum seekers as a social ill and a burden is in total contradiction to what is needed in Scotland. If the Scottish Executive does not grasp the thistle, the needs of this country will be drowned out.
You began, I think, by saying that asylum seekers were given the worst housing.
Yes.
I want to try to tease out what that means, because it might at first blush sound as if they are discriminated against in housing because they are asylum seekers. I do not know whether that is what you meant, or whether you just meant that we do not have any good housing.
I am sure that you have a very nice house—
I do; I do not apologise for that.
I do not expect you to. The national asylum support service is the part of the Home Office that decides where asylum seekers are to be allocated. Our point is that it has agreed primarily to allocate them to hard-to-let housing around the country, so its focus is on hard-to-let housing in local authority areas. That deal involves all the hard-to-let housing that Glasgow City Council has—so yes, asylum seekers are forcibly dispersed to the worst housing. That is a matter of fact, not an opinion.
You mentioned Glasgow, and Glasgow's stock—or rather, what is now Glasgow Housing Association's stock—contains lots of very poor housing and not a lot of very good housing. There are many historical reasons why we have reached that point; perhaps one is the right to buy. Anyone who needs a house urgently, whether that is a woman with three kids who is made homeless or an asylum seeker, will end up in poor housing. That is partially because the good stuff rarely becomes available. Some people have been on a waiting list for donkey's years, and when the good stuff does become available, they expect to get it—and they do have a point.
No, that is not true. Asylum seekers are placed in the worst hard-to-let housing, which no one else wants to live in. It tends to be empty accommodation, which is why Glasgow has the biggest contract, outside London, for taking in dispersed asylum seekers. As a result, structurally, asylum seekers are discriminated against. That is a matter of fact.
Well, it is not. Do you not accept—
It is.
Do you not accept that everybody in Glasgow—[Interruption.]
Mr Jackson has the floor.
Everybody in Glasgow who requires housing, regardless of their background, always ends up in poor housing. That is nothing to do with being an asylum seeker; it is to do with what I think you said before, which is the housing stock that Glasgow has.
It has to do with all the local authorities around the country identifying their worst hard-to-let housing, which nobody else wants to live in—for example, housing in Sighthill, which has been lying empty for years. Glasgow City Council took measures to try to rent the properties privately and to get people to live in them, and nobody took up the offer. The housing remained empty and was not generating council tax, so central Government has paid for those houses to be occupied. As far as we are concerned, it is a matter of fact that asylum seekers tend to be placed in the worst housing—empty housing that is hard to let.
I totally accept that they will be placed in very poor housing, but if appropriate housing stock in a place such as Glasgow is not there, and there is only a small amount of good housing, which people have waited on for a long time, what would you do about that?
Do about what?
How would you resolve that? Would you suggest that the people who have been waiting for the small amount of good housing should not get it?
No, we are not saying that at all. We are saying, first, that the worst hard-to-let housing has been earmarked. For that to change, the situation would have to be changed. We would want asylum seekers not to be forcibly dispersed, but to be given the option of voluntary dispersal around the country to the places where they feel most comfortable, perhaps near friends or family. That is what we would have preferred, but that has not happened. Does that answer your question?
So it is the dispersal policy that causes the problem.
The dispersal policy created by the Westminster Government, yes.
Thank you.
You said, I think, that 21 per cent of asylum seekers in Scotland are university educated. Is that correct? Does your organisation, or any other organisation that you know of, have a detailed skills profile of asylum seekers—something that says not just whether they have a university degree but what the degree is in, what professional qualifications if any they have, what trade skills they have, and how many of them are plumbers, electricians and so on?
Several different pieces of research have been carried out in Scotland, but none is comprehensive, and I do not know how deeply they go into trade skills and so on. It is a lot easier to ascertain whether someone has a degree than to find out about trades. Possibly the most extensive piece of research is the Scottish Executive's "Refugees and Asylum Seekers in Scotland: A Skills and Aspirations Audit", which was carried out in 2004. Other than that, the Scottish Refugee Council undertakes audits of clients, which it uses for campaigning purposes. There is no one piece of research that can be pointed out in order to say, "Of 12,000 people, 4,000 have such-and-such skills." That level of detail does not exist.
Your point about giving asylum seekers the right to work is a very good one, but is it not more than likely that the Scottish Executive would say, "Sorry, but the law on asylum and the law on employment are reserved to Westminster"? However, housing is very much a devolved matter, and your organisation specialises in housing. Will you spell out in a bit more detail what you would like to see the Scottish Executive do to help asylum seekers to get better housing? If the fresh talent initiative is a success, all the immigrant workers who come to Scotland to work here will need housing. I ask you to imagine for a moment that you are the Scottish Executive minister with responsibility for housing. What would your priorities be in trying to solve the housing problems in order to ensure that the people who come to Scotland get decent houses?
Housing of asylum seekers is reserved to Westminster, but housing for refugees is not. The first thing that we would do is devolve the housing of asylum seekers to the Scottish Parliament. Basically, it would come down to a fight with Westminster. Just because an issue is reserved does not mean that it is invisible or that we cannot talk about it, although that is the impression that is given in many debates. For example, if the Parliament is debating the rough sleepers initiative, the issue of asylum seekers who are out on the street is not discussed. Housing should be allocated on a voluntary basis: people should be assisted in being dispersed to different parts of the UK. If there is accommodation in Scotland, people should be assisted, but not forced, to be dispersed here.
Partly, but I was thinking in broader terms. If the fresh talent initiative is a success, workers—not necessarily asylum seekers—will come from many other countries into Scotland. What would your priorities be in terms of improving their housing opportunities?
Certainly, workers coming from other countries should be able to access housing benefit and council housing. We have had reports that some people who have come to work in Scotland on a work permits basis have had problems in that respect. I do not have the detail with me, but I think that they were nurses working in the Borders. They were not allowed to access public sector housing and had to take a bed-sit or private rented accommodation, which cost them a lot of money. Part of the deal under which they came into this country to work was that they were not allowed to access housing benefit. The nurses were also sending money back home to their families in their country of origin and were in an impossible position—in effect they were slave labour in this country.
What about the quality of housing that is available to people from other countries? Are there any success stories? For example, do any housing associations in Scotland specialise in the needs of people who come to Scotland from other countries? If not, can the case be made for having such an association?
A small housing association has been set up, which we supported and with which we were involved initially. Access Apna Ghar Housing Association is a black and minority ethnic-led housing association, which is based in Glasgow. It is seeking to develop accommodation and has managed to secure around £1 million.
I return to the fact that 21 per cent of asylum seekers are graduates, which is a significant figure. What was the basis for rejecting asylum seekers with degrees? Did it relate in any way to language skills? Which spheres are we talking about? Was it health, education or business? I do not expect you to reel off figures at the moment, so could you send them to us?
On the rejection of graduates, do you mean the rejection of asylum cases or rejection in housing or employment?
I am thinking about constituency cases that I have had, where highly qualified and skilled people who could fill places that we desperately need to be filled lacked language skills. Is that a key element in rejection, rather than not accepting qualifications from other countries?
There are language barriers—there is no getting round that. However, we have found that many asylum seekers and refugees who are graduates not only are bilingual but speak many languages and can therefore bring great benefits to organisations, particularly in the voluntary sector. Refugee communities as a whole have tremendous resources that can empower organisations to help refugee communities and other members of the community. Scotland was reasonably slow to catch on to the fact that members of the refugee communities can speak languages and understand their own communities. On the dispersal of refugees, we were very much involved with established black and minority ethnic communities. We used the resources in those communities to enable and empower community members to help themselves and their own communities.
You have expressed understandably strong feelings about the quality of housing that is made available by public authorities. Have you done any work on the private sector housing provision for people from different communities? I do not know whether you were in attendance during our earlier discussions with the STUC. References were made to migrant workers who work in the food processing industry in different parts of Scotland. Have you had the opportunity to investigate private sector housing that is being provided for people who are doing such work? They may be employed by gang masters or agencies and may be using unregistered houses in multiple occupation and so on in different parts of Scotland. Have you done any work on that?
We have received anecdotal evidence of chronic overcrowding where many single people, primarily men, live in a flat—perhaps 10 to a room—and do shifts either in a local factory or many miles away. Such accommodation is being supplied through the people who give them employment.
That is anecdotal evidence.
It is very difficult to get more information because of the secrecy and the fact that people are unwilling to come forward.
That is the trouble, but it would be helpful if we could get a handle on the issue because there appears to be a lot of anecdotal evidence.
There is a lot of anecdotal evidence, but people are scared. They are being handled by people whom they fear and their work and accommodation rely on those people, so it is understandable that they are unwilling to come forward.
It would be helpful for those of us who want to get to grips with such abuse if we could get some hard information. I appreciate that it is difficult for the individuals concerned, but if pressure groups such as Positive Action in Housing, which work in the field, could help to obtain information and get it into the system in an appropriate way, it might be easier for the Scottish Executive, local authorities and other agencies to do something about the issue.
I will follow up John Home Robertson's point. The private sector is significant. Legislation is currently before the Parliament on planning and housing. There has been a strong recommendation that there should be more powers to regulate private landlords. The conditions that you have described are probably well known to many of us from constituency cases. It might be helpful if you could examine the proposals in the legislation and provide the committee with written evidence in which you say what you would recommend.
Okay.
As there are no other questions, I thank you both for appearing before the committee today and for your contribution to our discussions, which we will reflect on in the course of our inquiry.