After concerns over labour exploitation for migrant workers in the agricultural sector, Dame Dara Thornton responded to the joint Home Office and Defra evaluation and review of the Seasonal Workers Pilot of 2019. The study was originally published on Christmas eve 2021 and identified several issues for migrant workers on the agricultural scheme. These issues included:
In letters to the Secretary of State for Food and Rural Affairs and the Minister of Safe and Legal Migration at the Home office, Dame Sara commented. "As the review acknowledges, these conditions are unacceptable. However, I am pleased that some action has already been taken, such as extra training for managers and updated guidance to tighten the compliance requirements.
"However, while no cases of modern slavery were identified during the 2019 season, there were strong indicators of labour exploitation, and these have continued in recent seasons. I would suggest that the report may be underestimating the risks for the following reasons.
"First, ongoing feedback from workers is essential for understanding trends and threats. But the 2019 survey is not fully representative of the worker experience. This is due to the limitations of self-selection bias, language barriers and a low response rate of 26%, as the review acknowledges. Second, the Home Office and Defra do not have data on how many workers used the provided helplines to raise issues they were uncomfortable discussing with farm managers. Finally, modern slavery and severe cases of labour exploitation tend to be hidden from public view and are rarely discovered during audits and compliance visits."
Following the expansion of the seasonal worker's scheme, from 2500 places in 2019 to 30000 in 2022, there is now the option of recruiting a further 10000 workers if required. The number of agencies supplying labour into the scheme has doubled from two to four. This has created multiplied risks over the past three years.
"In addition to a twelvefold increase in workers, agencies from as far afield as the Caribbean and Nepal have responded to the new immigration rules by advertising the SW route as a recruitment opportunity into the UK. Evidence suggests that workers migrating over longer distances are at greater risk of exploitation, particularly in recruitment fees, bogus recruitment, and debt bondage. Labour suppliers and agents in more distant countries will be even more difficult to scrutinise or hold to account."
"The 2019 review makes no mention of recruitment fees, which are banned under the SW scheme but considered acceptable in many countries. However, I have heard credible reports that rogue agents were typically charging individuals US$1,000 to access the scheme in 2021, and this was occurring in several labour sourcing countries. Recruitment fees put workers into debt before entering the country, leaving them financially vulnerable and at higher risk of exploitation."
"Agriculture has consistently been identified as a high-risk sector for labour exploitation by Directors of Labour Market Enforcement. My general message to businesses is that if they haven't found labour exploitation risk in their supply chains, they are either not looking hard enough or do not have adequate systems in place. This principle should equally apply to government-backed visa schemes."
Dame Sara made the following recommendations in her letters to ministers: