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5th Report, 2010 (Session 3)

Inquiry into Migration and Trafficking

CONTENTS

Remit and membership

Report
INTRODUCTION
EVIDENCE
PART 1: MIGRATION
BACKGROUND

Nature and extent of migration
Demographic changes in Scotland
UK Government policy
Scottish Government Policy
Devolved and reserved responsibilities

OVERARCHING ISSUES

Lack of migration data
The influence of the media

KEY CHALLENGES

Migrants’ lack of awareness about public services, rights and entitlements
Employment and exploitative practices
Utilising qualifications and skills
Challenges in providing health services
Challenges in providing education services
Challenges in housing
Challenges in policing

PART 2: HUMAN TRAFFICKING

Definition of human trafficking
UK policy on human trafficking
Scottish Government policy on human trafficking
Extent of human trafficking in Scotland
Forms of human trafficking
Difficulties in categorising human trafficking
Child trafficking
Identifying the victims of human trafficking
National Referral Mechanism
Support for the victims of human trafficking
Tackling and preventing human trafficking
Impact of future sporting events on human trafficking

EXECUTIVE SUMMARY

Appendix A: Feedback from Committee members on discussion groups involving migrants in Glasgow on 7 June 2010

Appendix B: Glossary

Annexe A: EXTRACTS FROM THE MINUTES OF THE EQUAL OPPORTUNITIES COMMITTEE

ORAL EVIDENCE AND ASSOCIATED WRITTEN EVIDENCE

The Committee took oral evidence from the witnesses listed below on the dates shown. Some of these witnesses provided written evidence in advance of the meeting in question: some also provided supplementary written evidence afterwards. This oral and associated written evidence can be found in the electronic links below.

2nd Meeting, 2010 (Session 3), 26 January 2010

ORAL EVIDENCE

Gordon Smail, Audit Scotland;
Mhoraig Green, COSLA’s Strategic Migration Partnership;
Chris Oswald, Equality and Human Rights Commission;
Dave Moxham, STUC;
Elaine Dougall, Unite the Union;
Superintendent David Stewart, ACPOS;
Jane Renton, HMIE;
Heather Rolfe, the National Institute of Economic and Social Research;
Seonad Forbes, New Migrants Action Project, Positive Action in Housing;
Cathie Cowan, South-East Glasgow Community Health Care and Partnership.

8th Meeting, 2010 (Session 3), 4 May 2010

WRITTEN EVIDENCE

ACPOS
Migrant Helpline

ORAL EVIDENCE

Deputy Chief Constable Gordon Meldrum, ACPOS;
Lorraine Cook, COSLA’s Strategic Migration Partnership;
Helen Baillot, Scottish Refugee Council
Simon Hodgson, Scottish Refugee Council
Michael Emberson, Migrant Helpline;
Abigail Stepnitz, the Poppy Project;
Simon Chorley, Stop the Traffik.

9th Meeting, 2010 (Session 3), 18 May 2010

ORAL EVIDENCE

Rami Ousta, Black and Ethnic Minority Infrastructure in Scotland (BEMIS);
Stewart Cunningham, Ethnic Minorities Law Centre;
John Wilkes, Scottish Refugee Council;
Linda Delgado, Unite the Union;
Keith Dryburgh, Citizens Advice Scotland.

SUPPLEMENTARY EVIDENCE

BEMIS

10th Meeting, 2010 (Session 3), 1 June 2010

WRITTEN EVIDENCE

UNISON
Scotland’s Colleges

ORAL EVIDENCE

Mhoraig Green, COSLA’s Strategic Migration Partnership;
Veronica Rankin, Educational Institute of Scotland;
Bill Ramsay, Committee Educational Institute of Scotland;
Norma Wright, HMIE;
Linda McTavish, Scotland's Colleges Principals' Convention;
Eileen Dinning, UNISON;
Dr Alison McCallum, NHS Lothian;
Dr Dermot Gorman, NHS Lothian;
Dr Kevin Fellows, South East Glasgow Community Health Care and Partnership;
Colin McCormack, South East Glasgow Community Health Care and Partnership.

SUPPLEMENTARY EVIDENCE

Report on Roma Community Govanhill
South East Glasgow CHCP Briefing Note
NHS Lothian

11th Meeting, 2010 (Session 3), 7 June 2010

WRITTEN EVIDENCE

Govanhill Housing Association
Glasgow Housing Association
Govanhill Law Centre
Positive Action in Housing

ORAL EVIDENCE

Suzie Scott, Glasgow Housing Association;
Anne Lear, Govanhill Housing Association;
Seonad Forbes, New Migrants Action Project, Positive Action in Housing;
John Blackwood, Scottish Association of Landlords;
Assistant Chief Constable Ruaraidh Nicolson, ACPOS;
Inspector Brian Gibson, Strathclyde Police;
Detective Superintendent Roddy Ross, Tayside Police;
Ian Japp, The Gangmasters Licensing Authority.

12th Meeting, 2010 (Session 3), 15 June 2010

WRITTEN EVIDENCE

Equality and Human Rights Scotland

ORAL EVIDENCE

John Watson, Amnesty International;
Graham O'Neill, Equality and Human Rights Commission.

13th Meeting, 2010 (Session 3), 29 June 2010

WRITTEN EVIDENCE

Heriot Watt University

ORAL EVIDENCE

Professor Greg Philo, Glasgow University Media Group;
Dr Gina Netto, Heriot Watt University;
Dr Jairo Lugo-Ocando, University of Stirling;
Paul Holleran, National Union of Journalists;
Stephen Abell, Press Complaints Commission;
John McLellan, the Scotsman, Johnston Press.

SUPPLEMENTARY EVIDENCE

Press Complaints Commission

14th Meeting, 2010 (Session 3), 14 September 2010

ORAL EVIDENCE

Detective Sergeant Sandra Jamieson, Scottish Crime and Drug Enforcement Agency;
Liam Vernon, United Kingdom Human Trafficking Centre.

15th Meeting, 2010 (Session 3), 21 September 2010

WRITTEN EVIDENCE

UK Border Agency
Glasgow Community & Safety Services, TARA

ORAL EVIDENCE

Phil Taylor, Scotland and Northern Region, UK Border Agency;
Neil Hughes, Scotland and Northern Region, UK Border Agency;
Alastair MacDonald, Jobcentre Plus, Department of Work and Pensions;
Ann Hamilton, Glasgow Community & Safety Services (representing Trafficking Awareness Raising Alliance – TARA).

SUPPLEMENTARY EVIDENCE

UK Border Agency
Jobcentre Plus
Glasgow Community & Safety Services
Glasgow Community & Safety Services, TARA

16th Meeting, 2010 (Session 3), 28 September 2010

WRITTEN EVIDENCE

Scottish Government

ORAL EVIDENCE

Alex Neil MSP, Minister for Housing and Communities;
Mark Boyce, Scottish Government;
Amanda Callahan, Scottish Government;
Kenny MacAskill MSP, Cabinet Secretary for Justice;
Bill Hepburn, Scottish Government;
Gery McLaughlin, Scottish Government.

SUPPLEMENTARY EVIDENCE

Kenny MacAskill MSP, Cabinet Secretary for Justice. Letter to the Equal Opportunities Committee dated 6 October 2010
Alex Neil MSP, Minister for Housing and Communities. Letter to the Equal Opportunities Committee dated 6 October 2010
Alex Neil MSP, Minister for Housing and Communities. Letter to the Equal Opportunities Committee dated 8 October 2010

17th Meeting, 2010 (Session 3), 5 October 2010

ORAL EVIDENCE

Rt Hon. Elish Angiolini QC, Lord Advocate;
Michelle Macleod, Crown Office;
Dawn Samson, Crown Office.

SUPPLEMENTARY EVIDENCE

Letter from Rt Hon Elish Angiolini QC, Lord Advocate
Attachment to the Lord Advocate letter

OTHER WRITTEN EVIDENCE

Church and Society Council, Church of Scotland
City of Edinburgh Council
Fostering with Foster Care Assoicates (FCA) Scotland
Inverness Polish Association
Migrants’ Rights Scotland
Overseas Nurses And Care-Workers Network
Oxfam Scotland
Scottish Migrants Network
Scottish Women’s Convention
STUC
UHI Centre for Remote and Rural Studies

OTHER SUPPLEMENTARY EVIDENCE

Letter from Frank Mulholland, Solicitor General for Scotland to Marlyn Glen MSP
The David Hume Institute
Report: Fact or Fable? The Truth About Migrant Worker Communities in Scotland
Letter from Damian Green MP, Minister for Immigration,Home Office 19 November 2010
Letter from Damian Green MP, Minister for Immigration, Home Office 24 November 2010
Letter from Councilor Matt Kerr, Glasgow Council
Letter from Rt Hon Michael Moore MP, Secretary of State for Scotland

Remit and membership

Remit:

The remit of the Equal Opportunities Committee is to consider and report on matters relating to equal opportunities and upon the observance of equal opportunities within the Parliament.

(Standing Orders of the Scottish Parliament, Rule 6.9)

Membership:

Malcolm Chisholm

Willie Coffey (until 20 May 2010)
Marlyn Glen (Deputy Convener)
Jamie Hepburn (from 5 November 2010)
Bill Kidd (until 4 November 2010)
Christina McKelvie
Stuart McMillan (from 21 May 2010)
Margaret Mitchell (Convener)
Hugh O'Donnell
Elaine Smith

Committee Clerking Team:

Clerk to the Committee
David McLaren

Assistant Clerk
Rebecca Lamb

Committee Assistant
Ross Fairbairn

Inquiry into Migration and Trafficking

The Committee reports to the Parliament as follows—

INTRODUCTION

1. At its meeting on 26 January 2010, the Equal Opportunities Committee held two round-table discussions with a range of witnesses to discuss migration and trafficking issues as they relate to Scotland.

2. A number of themes emerged from these discussions.

3. The Committee heard concerns about the lack of baseline data regarding migration trends into Scotland and the levels of usage of public services by migrants.

4. There was concern also about the lack of awareness amongst Scots about the different reasons why people come to Scotland, where the generic terms “migrant” or “asylum seeker” appear to have entered common usage when describing anyone who has come to Scotland be it on economic, educational, asylum or other grounds.

5. The Committee was urged to look at dispelling some of the myths that have arisen in relation to migrants and their use of public services. It was also considered that the positive contribution made by migrants needed to be highlighted, as the media tended to focus more on negative aspects of migration.

6. Concerns were also expressed about low levels of awareness not only amongst service providers of the rights of migrants, but also within migrant communities about their rights and entitlements. The importance of employers ensuring that they comply with their legal obligations when employing migrant workers was also highlighted.

7. On trafficking, the Committee was told of concerns about the potential for an increase in human trafficking as a consequence of major events being held in the UK, such as the Olympic Games in London in 2012 and the Commonwealth Games in Glasgow in 2014.

8. In light of these discussions, the Committee agreed at its meeting on 9 February 2010 to undertake an inquiry into migration and trafficking. The aim of the inquiry would be to focus on the extent and impact of migration in Scotland, and to explore the contribution that migrants make to Scottish society and culture.

9. In recognising the broad scope of the inquiry, the Committee agreed a wide remit—

“To explore the impact and contribution of migrant populations within Scottish society and the extent and nature of trafficking.”

EVIDENCE

10. The Committee took oral evidence on migration and trafficking at meetings held on 4 May, 18 May, 1 June, 7 June, 15 June, 29 June, 14 September, 21 September, 28 September and 5 October 2010 from the following witnesses—

  • Deputy Chief Constable Gordon Meldrum, Chair, Serious Organised Crime Portfolio, ACPOS;

  • Lorraine Cook, Policy Officer, COSLA’s Strategic Migration Partnership;

  • Helen Baillot, Senior Asylum Support Adviser, and Simon Hodgson, Director of Policy & Communication, Scottish Refugee Council;

  • Michael Emberson, Chief Executive Officer, Migrant Helpline;

  • Abigail Stepnitz, National Coordinator, the Poppy Project;

  • Simon Chorley, Advocacy & Partnerships Officer, Stop the Traffik.

  • Rami Ousta, Chief Executive, Black and Ethnic Minority Infrastructure in Scotland;

  • Stewart Cunningham, Senior Solicitor, Ethnic Minorities Law Centre;

  • John Wilkes, Chief Executive, Scottish Refugee Council;

  • Linda Delgado, Member, Unite the Union and STUC’s Women’s Committee;

  • Keith Dryburgh, Social Policy Officer, Citizens Advice Scotland.

  • Mhoraig Green, Policy Officer, COSLA’s Strategic Migration Partnership;

  • Veronica Rankin, Equality Officer, and Bill Ramsay, Committee Convener, Educational Institute of Scotland;

  • Norma Wright, HM Assistant Chief Inspector, HMIE;

  • Jane Renton, HMIE;

  • Linda McTavish, Convenor, Scotland's Colleges Principals' Convention;

  • Eileen Dinning, Scottish Equalities Officer, UNISON;

  • Dr Alison McCallum, Director of Public Health and Health Policy, and Dr Dermot Gorman, Consultant in Public Health Medicine, NHS Lothian;

  • Dr Kevin Fellows, Clinical Director, and Colin McCormack, Head of Mental Health, South East Glasgow CHCP.

  • Suzie Scott, Policy Manager, Glasgow Housing Association;

  • Anne Lear, Director, Govanhill Housing Association;

  • Seonad Forbes, Project Coordinator, New Migrants Action Project, Positive Action in Housing;

  • John Blackwood, Director, Scottish Association of Landlords;

  • Assistant Chief Constable Ruaraidh Nicolson, Chair, Race & Asylum Portfolio, ACPOS;

  • Inspector Brian Gibson, Strathclyde Police Diversity Unit;

  • Detective Superintendent Roddy Ross, Tayside Police Diversity Adviser;

  • Ian Japp, Head of Enforcement for Scotland, The Gangmasters Licensing Authority;

  • John Watson, Programme Director, Scotland, Amnesty International;

  • Graham O'Neill, Senior Enforcement Officer, Equality and Human Rights Commission;

  • Professor Greg Philo, Glasgow University Media Group;

  • Dr Gina Netto, Heriot-Watt University;

  • Dr Jairo Lugo-Ocando, Lecturer in Journalism Studies, Stirling University;

  • Paul Holleran, National Organiser for Scotland, NUJ;

  • Stephen Abell, Director, Press Complaints Commission;

  • John McLellan, Editor of the Scotsman, Johnston Press;

  • Detective Sergeant Sandra Jamieson, Human Trafficking Coordination Unit, Scottish Intelligence and Coordination Unit, Scottish Crime and Drug Enforcement Agency;

  • Liam Vernon, Acting Chief Executive, United Kingdom Human Trafficking Centre;

  • Phil Taylor, Regional Director, and Neil Hughes, Director Economic and Family Migration, Scotland and Northern Region, UK Border Agency;

  • Alastair MacDonald, Customer Services Director, Jobcentre Plus;

  • Ann Hamilton, Head of Equalities and Women’s Services, Glasgow Community & Safety Services (Trafficking Raising Awareness Alliance);

  • Alex Neil MSP, Minister for Housing and Communities, Scottish Government;

  • Mark Boyce, Team Leader, Fresh Talent Policy Team, Scottish Government;

  • Amanda Callahan, Policy Officer, Fresh Talent Policy Team, Scottish Government;

  • Kenny MacAskill MSP, Cabinet Secretary for Justice, Scottish Government;

  • Bill Hepburn, Head of Branch, Criminal Justice and Parole Division, Scottish Government;

  • Gery McLaughlin, Policy Officer, Criminal Law and Licensing Division, Scottish Government;

  • The Rt Hon. Elish Angiolini QC, Lord Advocate;

  • Michelle Macleod, Head of Policy, the Crown Office; and

  • Dawn Samson, Senior Depute, Crown Office.

11. The Committee thanks all those who provided oral evidence and for their contribution to this inquiry.

12. In undertaking an inquiry which covered migration issues, the Committee believed it was vital to engage with those who had migrated to Scotland and to explore their experiences of coming to Scotland and living and working here. In order to encourage an exchange of frank and honest views, the Committee held an informal meeting with migrants in Glasgow City Chambers on 7 June 2010. The Committee discussed a range of issues with 25 people who had settled in different parts of Scotland, who had come from a number of countries and for a variety of reasons, including work and study but also to seek asylum. The migrants who participated in the discussions came from the Czech Republic, Estonia, Ghana, India, Kenya, Malaysia, Morocco, the Philippines, Poland, Romania, Sierra Leone, Slovakia, Thailand and Zimbabwe.

13. The Committee would like to thank all those who participated in the meeting in Glasgow and to thank Positive Action in Housing and the Migrants Rights Scotland for their valuable assistance in making the arrangements for the informal part.

14. As the discussions with migrants were held informally, an Official Report was not produced. However, given the importance of the discussions to the inquiry, Committee members reported back on these to the formal part of the meeting on 7 June. A full transcript of this is included at Appendix A.

15. The Committee also received 19 written submissions in response to a call for written evidence, and the Committee thanks all of those who took the time to do so.

16. The Committee acknowledges that the subject matter of this inquiry has been extremely wide-ranging and, even though it spent a great deal of time considering the issues with a wide range of people, it has not been possible to cover every issue in detail. However, the Committee hopes that this report, and the Official Reports of each of its meetings, will provide a body of evidence which will help to inform the ongoing debate on migration and trafficking in Scotland.

PART 1: MIGRATION

17. The first part of this report which deals with migration is split into three sections. The first section sets out the context for the inquiry. It explores the nature and extent of migration in Scotland and sets out policies of the UK and Scottish Governments.

18. The second section explores the overarching issues that arose in the course of the inquiry. These include: the lack of migration data available and the impact of this on the planning and provision of public services; public perceptions of migrants; and the influence of the media on migration issues.

19. The Committee recognises that language has been an overarching theme during its inquiry, however, it has addressed this issue under each of the subject headings rather than seek to cover it in general terms.

20. The third section looks at some of the key challenges facing migrants and service providers, including the lack of awareness about migration issues and challenges in employment, health, education and policing. A glossary of terms used in this report is included at Appendix B.

BACKGROUND

Nature and extent of migration

21. The United Nations estimates that around 175 million people are living outside their country of birth and that almost one in ten people living in developed parts of the world are migrants. The UK receives less than 0.5% of the world’s refugee population. In 2008, the UK received only around 25,000 asylum seekers. There are currently around 10,000 refugees and asylum seekers in Scotland.1

22. The latest estimate2 of Scotland’s population (as at 30 June 2009) is 5,194,000 – the highest since 1979 and an increase of 25,500 people on the previous year. The recent increase in Scotland’s population has been driven mostly by net in-migration although recently, there have also been more births than deaths. In-migration from overseas has been increasing since 2003 and is currently at its highest level since the series began in 1991. Out-migration to overseas has dropped following a large rise last year.

23. In the year to 30 June 2009, about 42,700 people came to Scotland from overseas and around 25,200 left Scotland to go overseas, giving a net migration gain from overseas of around 17,500. This is a record net migration gain from overseas, beating the previous record of 16,800 in the year to June 2007.

24. Scotland has attracted migrants from many parts of the world in the past, notably from Ireland, Pakistan, India, Italy, Poland and China. After the accession of several Central and Eastern European Countries to the EU between 2004 and 2007, increasing amounts of workers from those EU countries migrated to Scotland in search of employment. National Insurance registrations increased between 2004 and 2006 from 22,900 to 40,510.

25. Despite the initial increase, other UK-wide reports indicate a decline in the influx of migrant workers after the EU’s expansion in 2007. Workers Registration Scheme statistics show a decrease in total UK applications from 210,800 in 2007 to 158,340 in 2008.

26. There was a large drop in in-migration in 2008-09 following a small rise on the previous year. The downward trend in out-migration, which began in 2001, has continued.

27. The rise in Scotland’s population in the last six years should be seen in the context of the relative stability of the population over the last 50 years. The population reached a peak of 5.24 million in 1974 before falling to 5.05 million in 2002 and then rising again in the last six years.3

28. According to the COSLA Strategic Migration Partnership, “immigration is driven by a complex range of ‘push’ and ‘pull’ factors – the latter includes globalisation, the opening up of labour markets, and the speed and ease of international travel; the former is driven by war, political unrest and economic disparity.”4

29. Given the different reasons for people migrating to Scotland, and the extent to which generic terms such as “migrant” or “asylum seeker” have been used incorrectly to describe the many different categories of migrant, the Committee believed it was important to distinguish between these categories.

Economic migration

30. An economic migrant is someone who has moved to another country voluntarily to improve their quality of life through work or study. These are generally split between A8 and A2 migrants—

  • An A8 migrant is someone who has come from the A8 countries that joined the European Union in May 2004. These are the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia.
  • An A2 migrant is a person from the A2 countries that joined the European Union in January 2007. A2 members are Bulgaria and Romania.

31. Nationals from the European Union (France, Germany, Italy, Spain etc) have freedom of movement and are allowed to come to the UK to work without having to apply for a visa. By the same token, UK citizens are able to work in those countries.

32. Nationals living outside of the European Union can apply to the UK Border Agency for a work visa (although nationals from the A8 countries require to register to work). This will be decided according to a points-based system, which considers criteria such as qualification, work experience and income. The rights and privileges of immigrants vary according to the individual’s country of origin and/or visa entitlements.

Asylum

33. An asylum seeker is someone who has made a formal application for asylum and is waiting for a decision on their claim. Everyone has the right to seek, in a safe country, asylum from persecution. The UK Border Agency (UKBA) must decide whether or not that person qualifies for protection under the 1951 UN Refugee Convention or human rights legislation.

34. A refugee on the other hand, is someone whose application for asylum has been successful. They have been recognised as needing protection under the 1951 UN Refugee Convention because the UK Government believes they have a well-founded fear of persecution in their home country for reasons of race, religion, nationality, membership of a particular social group or political opinion.

35. A refused asylum seeker is a person whose claim for asylum has been refused by the UK Government and is awaiting return to their country of origin.

36. An illegal immigrant is a person who has arrived in this country, intentionally not made themselves known to the authorities and who has no legal basis for being here; or someone whose legal status in the UK has expired.5

37. As a signatory to the 1951 UN Convention, and its 1967 Protocol, the UK is obliged to properly consider any application for asylum made by a person claiming to be fleeing persecution by another state. No country has ever withdrawn from its obligations under this UN Convention.

38. The UK Government’s current asylum system is based on a principle which honours the UK’s obligations to those fleeing persecution while deterring those who have no right to asylum from travelling here.

39. Glasgow is home to the greatest number of asylum seekers of any city in Scotland - over 5,500. This equates to approximately 10% of the total UK asylum seeking population and represents less than 1% of the total population of Glasgow. Most of Glasgow’s asylum seekers originate from Iran, Iraq, Pakistan, Somalia, Sri Lanka, China, Afghanistan, Turkey, Zimbabwe and the Democratic Republic of Congo.

40. The high number of asylum seekers in Glasgow is due to a positive policy decision made by Glasgow City Council to enter into a contract with the UKBA. The Council initially agreed a contract with the UKBA to provide accommodation for asylum seekers in January 2000 and a new five year contract was agreed in 2006. The new contract specifies the services to be provided by the Council such as transport, accommodation, induction, food and registration. The contract assists the Government with discharging its duty under the Immigration and Asylum Act 1999 and the Immigration, Asylum and Nationality Act 2006.

41. Glasgow City Council’s current contract to provide services to asylum seekers is due to expire in June 2011, however on 13 October 2010 the UKBA stopped dispersing asylum seekers to Glasgow. On 5 November, the Council received a letter from the UKBA advising that as the Council was unable to meet its proposed daily rate, it would be terminating the contract with effect from 2 February 2011. In response to a request from the Committee seeking the Council’s comments on the situation, the Council said in its letter of 17 November that it was currently in discussions with the UKBA about its plans for the transition of service users.6

42. Damian Green MP, Minister for Immigration at the Home Office, also responded to a request from the Committee seeking his comments on the situation. He explained that the contract with the Council provides a clause to protect them should the volume of asylum seekers that they support drop below a pre-agreed level. The minimum level had been breached earlier this year and the contract had demanded negotiations to agree a revised unit price for the services being delivered. The minimum level was reduced as a result but this too was subsequently breached. The UKBA was therefore terminating the contract and entering into discussions with other service providers.

43. The Minister added that contingency plans were in place and that the near 1300 asylum seekers being accommodated by the Council would “hopefully” be moved to at least one of the remaining two providers operating in Glasgow.7

44. Asylum seekers constitute one of the most economically deprived groups in the UK. They are not entitled to the usual welfare benefits and if destitute, will be given funding for ‘essential living needs’ by the National Asylum Support Service and offered basic ‘no-choice’ accommodation. According to a submission from Migrant Helpline, the numbers of destitute migrants, particularly asylum seekers and EU nationals, who have No Recourse to Public Funds (NRPF), appears to be rising.8 This means that they are not able to claim most benefits, tax credits or housing assistance that are paid by the state.

45. In 1993, there were 32,830 applications made for asylum in the UK. By the year 2000, this had risen to 80,315 applications. In the six years following this, the number of asylum applications has decreased considerably. The number of applications for asylum in the UK in 2007 fell to 23,430. This decrease in the number of applications is attributed to tighter border controls rather than a reduction in human rights abuses.9

Conclusion

46. The Committee is extremely concerned to note the UKBA’s decision to terminate its contract with Glasgow City Council to provide accommodation and other services for asylum seekers in Glasgow.

47. The Committee accepts that this is a matter for the UKBA, however it expresses its deep concern about the impact that such a decision may have on asylum seekers and their families in Glasgow, who may be forced to move elsewhere at short notice.

48. Although this situation arose at the very end of the Committee’s inquiry, the Committee undertakes to continue to monitor the position as part of its ongoing work on migration and trafficking issues.

Demographic changes in Scotland

49. The Scottish Government’s Race Equality Statement highlights the demographic changes that have taken place in Scotland. In particular, it notes that asylum dispersal has largely been located within Glasgow, while EU migrants have settled in all parts of Scotland (in oral evidence to the Committee, witnesses suggested that there also were concentrations of migrants in Aberdeen, Edinburgh, Glasgow, Dundee and Perth). The Statement also notes that the impact of the current economic downturn on inward migration and retention of migrant workers is yet to be determined.

50. The number of working-age people (16-64) is declining in many developed countries, whilst the number of older people (65+) is increasing, a trend that is likely to accelerate in the coming decades. Population ageing is projected to be more pronounced in Scotland than the rest of the UK.10

51. Demographic projection of an ageing population and an increase in the ratio of workers with dependents has led to the view that Scotland will need to attract migrants in order to support the economy. A report by the Equality and Human Rights Commission (EHRC) highlights the difference in policy focus between the Scottish Government and the UK Government, with Scottish Government policy seeking to attract and retain migrants and UK Government policy moving towards a ‘circular migration system’11 with migrants below Tier 2 (skilled workers with a job offer to fill gaps in the UK labour force) disqualified from settlement. The EHRC report outlines how Scotland could attract and maintain migrants focusing not only on immigration policy but also on the targeting of policies to attract and retain migrants, such as facilitating access to the job market and improving the quality of life for migrants.12

52. There have been calls for a flexible migration system in order to encourage migrants to Scotland to meet Scotland’s specific demands for skilled workers, particularly in the biological and pharmaceutical industries.13

UK Government policy

53. On 28 June 2010, the UK Home Secretary Theresa May MP, made a statement on changes to the points based system which included a cap on the number of non-EU migrants coming to work in the UK. The stated aim was “to reduce levels of net migration back to the levels of the 1990s - tens of thousands, not hundreds of thousands – over the lifetime of this Parliament.” This will limit the number of annual applications approved under Tiers 1 & 2 of the points based system from April 2011. On 19 July 2010, it was announced that there will be monthly interim limits for Tier 114 and Tier 2 in order to prevent a surge in new applications before new permanent limits in April 2011.

54. The Tier 1 (General) categoryallows highly skilled people to come to the UK to look for work or self-employment opportunities. Tier 2 (General) is for people coming to theUK with a skilled job offer to fill a gap in the workforce that cannot be filled by a settled worker.

55. On 6 September 2010, the UK Immigration Minister, Damian Green MP, announced that the UK Government is to look at all immigration routes into the UK and set new rules. It was announced that forthcoming reviews will:

  • look at who is qualifying, in both the work and study categories, to ensure that the brightest and best are being attracted to the UK;

  • study why those who come here on immigration routes that do not lead to settlement find it easy to change routes and settle here permanently; and

  • ensure a steady downward trend on every route to long-term immigration.15

56. In defending the UK Government’s decision to introduce an interim limit on skilled workers from outside the EU, Damian Green told the CBI on 3 October 2010—

“The interim limit was introduced to stop a rush of last minute applications ahead of the annual limit being introduced in April next year and the UK Border Agency has been working very closely with businesses to ensure that these arrangements have been implemented effectively.

There are millions of people in Britain who employers can freely recruit and I expect companies to look to fill job vacancies from the resident labour force before they look for skills outside the UK. Last year, visas were granted to almost 36,000 workers from outside the EU while we currently have hundreds of thousands of unemployed graduates in subjects such as IT and engineering.”16

Scottish Government Policy

57. The Fresh Talent Initiative was introduced by the previous Scottish Executive to encourage people to consider coming to live and work in Scotland. It was formally introduced on 25 February 2004 by then First Minister Jack McConnell MSP when he laid out actions to be taken to address Scotland’s population decline and to support Scotland’s economic prosperity.17

58. The Fresh Talent scheme provides an opportunity for international students to apply for leave to remain in Scotland for two years after their graduation without requiring a work permit. The scheme also established the Relocation Advisory Service which advises those interested in moving or staying on in Scotland.

59. According to Workers Registration data for A8 nationals, 23% are employed in hospitality and catering, 21% in administration, business and management, and 17% are employed in agriculture.18

60. In a Scottish Government news release issued on 10 November 2009,19 it was announced that the Minister for Culture, External Affairs and the Constitution and the UK Government’s Immigration Minister had met to discuss how the points based UK immigration system could be used to support Scotland’s population growth target.

61. Broad policy issues were discussed and the following was agreed—

  • a Tier 520 Government Authorised Exchange scheme should be established for Scotland;

  • the UKBA's website should help to promote Scotland as a place to work, live and study; and

  • the UKBA and Scottish Government will work together to encourage Scottish businesses to make representations to the Migration Advisory Committee on where they are experiencing skills shortages from within the domestic workforce.

62. In a statement, the Minister for Culture, External Affairs and the Constitution, Michael Russell MSP added—

“The Scottish Government's position is clear. Scotland has an ageing population and an increasing dependency ratio. We need the flexibility within the system to attract more people of working age to contribute to our economy, fill skills gaps and help us prosper over the longer term.

There is of course precedent for such flexibilities. The hugely successful Fresh Talent: Working in Scotland Scheme allowed international students the opportunity to remain in Scotland to work for up to two years following graduation from a Scottish university or college. Over 8,400 graduates benefited from the scheme and such was its success in attracting the brightest and best students from around the world, that it was replicated across the rest of the UK.”21

Race Equality Statement

63. The Race Equality Statement is the Scottish Government’s approach to race equality over a three year period from 2009-2012.22 The Statement’s introduction states that “it is placed within the context of fast changing demographics, the current economic and global challenges facing Scotland and its communities, and the shifts in the equality landscape”.

64. The Statement indicates that there is a commitment to maintaining a positive environment “to maintain Scotland’s reputation as a place to live and work”. One area this is to be achieved is through community relations. The Scottish Government has indicated that it intends to build on work to integrate asylum seekers and refugees to tackle issues arising in local areas from the arrival of new migrant communities. Support is to be given to local and national projects to help new migrants, provide information about their rights and facilitate their engagement in local communities and at national level. The One Scotland campaign23 is to be a vehicle to help local communities to work together to face and overcome issues which threaten their stability.

Migration Impacts Fund

65. The Migration Impacts Fund24 was announced by the Home Office in February 2008. The aim of the fund was to give public services more funding to promote innovative ways of managing extra pressures of increased migration and to support local communities. The fund was paid for by increases to migrant fees and will operate for the next two years. It will provide £35 million for 2009/10 and, subject to a review in the autumn of the economic position and the migrant fees being received, a similar amount in 2010/11. In line with UK Government policy, Scotland received £2.973 million of funding from the Migration Impacts Fund.

66. In oral evidence, Mhoraig Green of COSLA noted—

“A migration impacts fund was set up by the Home Office but the Scottish Government has decided to use the £2.9 million of Barnet consequential from that for its own priorities. Obviously that decision is up to the Scottish Government but perhaps some of the money could be used to develop shared services and to help public bodies to respond to migration in a difficult financial context”.25

67. The Committee explored with the Scottish Government how the funding Scotland received was spent. The Minister for Housing and Communities confirmed that the funding received was treated in the same way as other consequentials are treated—

“The consequential that is associated with the migration impacts fund is £2.3 million. That is treated in the same way that all the consequentials are treated. They all come to the Scottish Cabinet, which considers the total money that is available and the services that are required. We do not take the consequentials from each UK department and earmark those funds for each of those departmental activities. The money goes into the big pot, out of which the kind of services that I have been referring to this morning are funded.

We do not say, "We are going to spend only £2.3 million on migrant services in Scotland because that is the consequential amount from the migration impacts fund." The consequentials go into a big pot, and that money is distributed to reflect the economic strategy and other strategic objectives of the Scottish Government.

We are funding a range of activities. I have not mentioned the three Rs26 integration fund, which is another initiative in this area that is being given a substantial amount of money from the Scottish Government's pot. If you add up everything that we are doing, it is well in excess of £2.3 million.”27

68. In a letter to the Committee following the meeting, the Minister confirmed that his reference to the figure of £2.3 million had been an inadvertent error, and that the figure was £2.973 million.28

Conclusions

69. The Committee notes that the UK and Scottish Governments agreed to establish a Tier 5 Government Authorised Exchange scheme for Scotland. The Committee welcomes this initiative and recommends that once the scheme is in place it should be monitored by the Scottish Government.

70. The Committee notes that the Scottish Government received £2.973 million from the Migration Impacts Fund. However, it also notes that this was treated in the same way as other Barnet consequentials by the Scottish Government, which resulted in the money being used to fund a range of activities. The Committee asks the Scottish Government to provide it with information on how the £2.973 million was spent in Scotland, and what initiatives have been put in place as a result of this funding which are directly related to services for migrants.

Devolved and reserved responsibilities

71. Immigration and asylum are issues reserved to Westminster, however policies in these areas impact upon devolved responsibilities, such as access to health, education and social work. The Committee recognises that the Scottish Government would, for example, deal with devolved issues which relate to asylum seekers who are living in Scottish communities while their immigration applications are being processed. This might include integration initiatives, such as English language classes and translation assistance, and services such as health care, education and legal advice.

72. The split between reserved and devolved responsibilities does however cause some problems. Concerns were expressed to the Committee about, for example, the level of awareness by the UKBA of devolved responsibilities, including the different legal system in Scotland. John Wilkes of the Scottish Refugee Council told the Committee that—

“We come across confusion and a lack of clarity about reserved and devolved matters. The immigration and asylum system is a reserved matter but aspects that affect people in the system in Scotland, such as access to health and education, are devolved matters. There is often tension and confusion between the attitude of the UK Border Agency and the understanding of public sector providers in Scotland about entitlements and what should be provided.”29

73. Phil Taylor, of the UKBA told the Committee that the Agency now had a deputy director who was head of devolution policy. Mr Taylor admitted that the Home Office had tended to be Anglocentric in its thinking, but with the three devolution settlements in Scotland, Wales and Northern Ireland, the role of the deputy director was important in making sure that policies had to be mindful of these—

“Part of [the deputy director’s] work is ensuring that, when we formulate policy and instructions, we are conscious that things are different in Scotland, Northern Ireland and Wales. That is still a challenge, but I suspect that I am told less about us getting it wrong than I am about us getting it right nowadays. However, there is still some way to go.”30

74. The UKBA had also developed a number of relationships with Scottish organisations—

“For several years now, we have had very close relationships with Scottish Government officials, with monthly meetings—in some cases, almost daily meetings—on particular areas. The Border Agency funds the Convention of Scottish Local Authorities strategic migration partnership, which considers local authority immigration and migration issues. Our Scotland and northern region also hosts three partnership groups, the first of which deals with asylum matters and involves the complete range of Scottish public and local authorities and the voluntary sector. We also have a managed migration group, which looks at issues around people coming into the country to settle and look for work and employment, and a legal compliance group, which deals with crime and immigration-related crime matters.”31

75. On 17 June 2010, in a meeting between the Secretary of State for Scotland and Scottish Parliament Committee Conveners, the Convener of the Equal Opportunities Committee raised concerns that had been expressed in evidence about confusion in the UKBA in relation to reserved and devolved issues. The Secretary of State indicated that he would consider the Committee’s report once it was published and that he would raise any issues with the UKBA arising from this.

Conclusions

76. The Committee considers that it is important for there to be a good working relationship between the UKBA and the Scottish Government if Scotland’s interests are to be fully taken account of in formulating migration policies. In order to build on this relationship, and to add further weight to the consideration given by the UKBA to Scottish issues in developing policies, the Committee recommends that consideration be given to the development of a protocol between the Scottish Government and the UK Government, the aim of which would be to improve levels of understanding about reserved and devolved responsibilities in this regard. The Committee recommends that the Scottish Government pursues this issue with the UK Government.

77. The Committee welcomes the appointment of a senior official within the UKBA who has responsibility for devolution issues and whose remit is to make sure that these are taken fully into account during the formulation of migration policies. The Committee recommends that the Scottish Government should take steps to monitor the effectiveness of this arrangement in the formulation of such policies.

78. The Committee remains extremely concerned, however, by the evidence it received which suggests that confusion does appear to exist in the UKBA with regard to devolution issues. People have the right to expect accurate advice from all public agencies, and the Committee is disappointed by the criticisms that have been levelled at the UKBA in this regard. The Committee therefore expects the UKBA to provide appropriate training for its staff to ensure they are fully aware of devolution issues so that the best possible advice can be provided.

79. The Committee draws this evidence and its concern to the attention of the UKBA, and also to the the Secretary of State for Scotland who indicated to the Committee Convener at a meeting with Scottish Parliament Committee Conveners on 17 June 2010, that he would pursue any concerns the Committee has with the UKBA.

OVERARCHING ISSUES

80. In this section of the report, the Committee considers the key overarching issues that arose during the course of its inquiry. These include:

  • the lack of migration data;

  • public perceptions about migration; and

  • the influence of the media in migration issues.

81. Language is also an issue that has arisen throughout this inquiry in relation to a range of issues including accessing services, promoting the needs of migrants, translation and interpretation services, language training and how language can be a barrier to social integration. The Committee does not attempt to address these issues in general terms, but has considered these issues under the relevant subject headings in this report.

Lack of migration data

82. Good quality migration data is vital if the extent and impact of migration in Scotland is to be fully understood and addressed, if public services are to be planned properly and if public policy is to be well informed. However, in the course of the Committee’s inquiry, it became clear that there was a lack of meaningful data relating to migration into Scotland.

83. Gordon Smail of Audit Scotland told the Committee—

“There is generally a need for consistent data on which people can make informed decisions when they look at options for different types of service delivery. Without such cost information, people cannot know whether, for example, economies of scale might be achieved by collaboration among councils…It is about having consistent, reliable data with which to make connections. We found pockets of good practice, but there was no consistent good practice across all council services.”32

National data

84. The Committee discovered that data does exist, but notes that the consensus of opinion in evidence was that this is spread across a number of organisations including the General Register Office for Scotland (GRO), COSLA, the UKBA and the Home Office, as well as being held on a number of administrative databases including in the education and health sectors and in relation to employment registration.

85. The UKBA told the Committee that whilst it kept statistics, they were held on a UK basis.33

86. Phil Taylor of the UKBA considered that, in his opinion, the best Scottish data he was aware of is held by GRO. Mhoraig Green of COSLA told the Committee that the COSLA Strategic Partnership and GRO had been working together to carry out data collection improvements—

“Over the past couple of years we have done quite a lot of work with the General Register Office for Scotland to try to improve the quality of the data available. GRO started talking to public sector bodies in Tayside about the different sources of data available so that they could be pulled together into a report for the area. That has now been rolled out across Scotland so there is now a GRO report that pulls together all the sources of data for each area. GRO is committed to updating those reports yearly, which is a great help to Scottish local authorities.”34

87. Mhoraig Green of COSLA also said that they had quite a lot of information about how people come into the country, especially those who come from A8 countries, such as where they are located, when they registered to work, and when they applied for a national insurance number. However, COSLA acknowledged that once people have done that, they had very little information about where they moved to within Scotland or whether they move elsewhere in the UK to work or if they leave the country to go and work elsewhere.35

88. The issue of people moving around the country being a barrier to obtaining up to date information was echoed by other witnesses, including Phil Taylor of the UKBA—

“From the perspective of the UKBA, we try to identify those who come into and go out of the UK, but, in the vast majority of cases, once someone has come into the UK we do not impose restrictions on them as to where they can go in the UK. For example, it is not as if EEA nationals require a sponsor employer in, for example, Glasgow or Birmingham and therefore we can presume that that is where they have gone. They are free to come and go and to take employment in the same way as any resident. That also applies to all non-EEA nationals who are admitted to the UK for settlement: husbands, wives, spouses.

There is a degree of measurement—although it is limited—in respect of sponsorship arrangements, when people come to study at a specific university or college or to work for a specific employer.”36

89. The Committee is aware that the Office for National Statistics has undertaken a Migration Statistics Improvement Programme37, the second phase of which is to better measure numbers of migrants coming in and out of the UK. The Committee understands that the information will be available by the time of the 2011 Census.

90. The Committee notes that migration information is also available through the 2001 Census, but that this is limited and out of date.

91. The Committee questioned the Department of Work and Pensions on whether national insurance number registration might provide a means of gathering accurate high level migration data. In response, Alistair MacDonald said that—

“The national insurance process is currently just a registration process to link into the benefits system and to pay national insurance contributions. There is potential for the use of that system, but I am not entirely sure what the data-sharing implications would be. As Phil Taylor said, there is often a lot of nervousness, even between public bodies with the same purpose, about how much they can and cannot share.”38

92. The Minister for Housing and Communities pointed out to the Committee that as immigration is a reserved matter, the Scottish Government relies on data provided by the UKBA and UK Ministers, adding—

“There is no central database of people coming in or people going out. Without such a database, any information collection has to be done on a survey basis. Once people are here, there is no system of recording their movements within the United Kingdom. Somebody might come to Scotland and subsequently move down south, or vice versa, or they might move to Wales or whatever. That is the starting point in terms of collecting information.”39

93. The Minister said that the Scottish Government had commissioned work from the National Institute of Economic and Social Research on how the collation of information on migrants in Scotland could be improved. This was part of a wider UK study organised by the UK Government to improve the statistical information and intelligence available. However, he added—

“I have to say that both studies concluded, first, that it is very difficult, particularly if we are looking for reliable data on every individual, and, secondly, that the cost of mapping out a totality of information on all immigrants who come in and all immigrants who leave would be prohibitive.”40

94. The Minister told the Committee that the aim was to see how, working together between Scotland and the rest of the UK, the amount of reliable information that is available on migration patterns into and out of the UK and, indeed, within the UK, can be improved.

Local data

95. Anne Lear from Govanhill Housing Association acknowledged that data collection at a local level, through a community approach, could result in a more accurate picture of what is going on in relation to migration.41

96. However, Suzie Scott from Glasgow Housing Association (GHA) told the Committee that it had been engaged in an exercise with Glasgow City Council over several years to look at the number of foreign nationals living in the city, but that this data was not completely accurate. GHA said that it had been using—

“A mishmash of data: people who have registered on the worker registration scheme; the registrar general's estimates; and school rolls. We also have data on the ethnic origin and nationality of people who apply to us for housing or who are housed by us, although that information is supplied voluntarily—people do not have to supply it, so there are holes in those data, too. We cannot be absolutely certain that any information that we have is 100% accurate. The best we can do is use a variety of those data sources to see whether there are emerging trends. We cannot know for certain whether the numbers are increasing or decreasing, or whether populations are starting to come from different areas. We can only see that some time after the fact rather than when it is happening.”42

97. In terms of other local initiatives, Ruaraidh Nicolson of ACPOS told the Committee that the hub in Govanhill was a good example of a local initiative where there was a lot of information sharing between the various service providers, the voluntary sector and others which would enable better planning and service provision to meet local needs.43

98. Alistair MacDonald of the Department of Work and Pensions believed that Community Planning Partnerships (CPPs) are key in terms of gathering data at a local level—

“Because it involves local authorities and the people who really understand the community. It becomes more difficult the further away that you get and the more nationally that you look at things. I recognise that there are different databases. I do not feel terribly well informed of the facts about migrant communities, but I would certainly expect local employability partnerships to be focusing on them.”44

99. COSLA agreed that CPPs are an important source of local information. Mhoraig Green told the Committee that they were working on a policy toolkit, one of the aims of which would be to—

“Support local authorities to integrate migration issues into their single outcome agreements, with particular attention to attracting and retaining migrants and integrating them into the community.”45

100. According to COSLA, there are three key aspects to the toolkit. It will—

  • Provide local authorities with an understanding of the demographic challenges in their local areas. It establishes four categories which will identify each local authority’s demographic position, based on whether a local authority’s total population is declining or increasing and whether their working age population as a proportion of the total population is increasing or decreasing. The policy toolkit provides guidance to local authorities tailored to each of these categories.

  • Make available crucial information for local authorities to build a better local population evidence base. It looks at work that has been undertaken in Scotland and the UK on improving migration estimates and creating an evidence base in which local authorities can access relevant migration data. It gives a summary of the main statistical data bases that can be used to estimate the number of migrants in Scotland on a national and local authority basis. This should help to significantly improve the understanding of migration at the local level as an aid to inform better planning and service provision.

  • Offer policy options that will support local authorities and their Community Planning Partners to attract, retain and integrate migrants in their area. It covers a breadth of policy areas under the headings of: growing the population; employment; education (adult and children); community cohesion and integration; health and social care; housing; and humanitarian programmes. Information is provided on how each policy area can be incorporated into the Scottish Government’s National Performance Framework.46

101. The Minister for Housing and Communities told the Committee that the Scottish Government was funding the development of the COSLA toolkit of around £300,000.47

Conclusions

102. The Committee is concerned about the lack of meaningful data relating to migrants living and working in Scotland and the difficulties this presents in terms of the planning and delivery of services so that the needs of local communities can be met.

103. The Committee does acknowledge the difficulties in gathering data which remains accurate and up to date, given the transient nature of migration where people move freely from one place to another. The Committee does not believe that free movement should be restricted, nonetheless it considers that a means of providing accurate data should be devised.

104. The Committee knows that the UKBA holds migration statistics which are held on a UK basis but that it does not produce these on a more localised basis. The Committee considers that this is unacceptable and that Scottish figures should be produced, as a failure to do so impedes the ability to plan and deliver local services.

105. The Committee acknowledges that immigration is reserved to the UK Government, however it considers that this should not be a barrier to collecting and sharing information. It believes that the UK and Scottish Governments should work together to collect and disseminate the best possible migration data, so that public services can be properly planned and resourced, and so that policies are well informed. The Committee recommends that in this regard there should be a protocol put in place which would make a data sharing arrangement at a UK level more formal and transparent, although it acknowledges that this must be subject to any constraints applied by the Data Protection Act 1998.

106. The sharing of information at a local level is also vital if public authorities are going to be able to plan properly and provide appropriate levels of service for local communities. The Committee notes from the evidence it received that there are some pockets of good practice in Scotland in this regard, but that there is no consistent good practice across local authorities. The Committee recommends that good practice must be shared and disseminated if impacts on services are to be addressed. In this regard, it welcomes the work being undertaken by COSLA to develop a toolkit which should help local authorities to build a better local population evidence base. The Committee looks forward to the toolkit being rolled out to all Scottish local authorities once it is finalised. It recommends that the implementation, and effectiveness, of the toolkit should be monitored by COSLA and by the Scottish Government.

107. The Committee considers that the role of the voluntary sector in local information gathering is also vital, as is the involvement of Community Planning Partnerships (CPPs) and other community organisations such as Community Health Partnerships. CPPs should be at the forefront of gathering and sharing accurate local data in their role in delivering better, more joined up services in their areas.

Public perceptions about migration

108. A major concern of those who gave evidence to the Committee, including migrants themselves, is the very negative public perceptions of migrants in Scotland.

109. Before exploring this issue in more detail, the Committee notes the view expressed in evidence by the Black and Ethnic Minorities Infrastructure in Scotland (BEMIS) that, in terms of public attitudes to migration, Scotland fares much better than the rest of the UK—

“The situation in Scotland is much more advanced than that in England and…in Europe. The reason for that is a combination of the attitudes of politicians and of civic society. Scotland is a multicultural society, and it is more tolerant than other communities in England and Europe.

The best example of that is that BEMIS has so far been invited by human rights leagues in four major countries—including to France, to Vienna and to Berlin—to share with them the Scottish experience in promoting integration and engaging with migrant workers in the communities. That is a statement about how advanced Scotland is in that context.”48

110. Whilst accepting that the situation in Scotland may be more positive than in the rest of the UK, it was made clear to the Committee throughout its inquiry that there was still much to do if Scotland is to progress and become a place where migrants are treated equally and fairly, where their needs are understood, and where their contribution to Scottish society, culture and the economy is acknowledged.

Lack of public awareness

111. It was clear from the evidence the Committee received, that a key contributory factor which has led to negative public perceptions of migrants in Scotland is a general lack of awareness and understanding of migration issues.

112. Scottish Government research carried out in 200949 set out a number of key facts about migrants who have settled in Scotland—

  • In relation to economic and employment impacts, employers value migrants for their positive traits of reliability, flexibility and productivity. At the same time, there is evidence of poor employment practice in relation to migrant workers, for example breach of regulations on working hours.

  • Demand for services from migrants is not as high as expected. This may be a result of self-sufficiency in migrant communities, language difficulties and other barriers to access or low levels of need. Few studies have assessed the impact of migration on services so that any additional costs are largely unknown.

  • A8 migrants are housed largely in private rented accommodation and some are provided with accommodation by employers. It is believed that provision of social housing may encourage further migration into Scotland.

  • There is little evidence of any increased demand on health services as a result of increased migration into Scotland. This is explained with reference to characteristics of the migrant population and their reported use of health services in their home countries.

  • Migrants report positive experiences of living in Scotland. However, it is not unusual for migrants to be victims of hostility and crime. There is little evidence of criminal activity by migrants, although this has been an area of speculation and anecdote.

113. The Committee believes that these facts should help to dispel the myths surrounding migrants in Scotland, many of which appear, unfortunately, to have become accepted fact by some people. These include—

  • the myth that migrants do not work or contribute to the Scottish economy;

  • the myth that migrants take advantage of the benefits system;

  • the myth that migrants take jobs from Scots; and

  • the myth that migrants receive priority on social housing waiting lists.

114. There is also an unfounded belief that migrants put a strain on public services such as the NHS, and that this ultimately means poorer service provision for everyone else.

Contribution of migrants

115. According to the International Labour Organisation, it estimated that in 1999 and 2000, migrants established in the United Kingdom added £2.2 billion net to the economy, and therefore paid more in tax and social security contributions than they received in benefits.50

116. In evidence to the Committee, the STUC considered that migrants contribute more to the economy than they take from it,51 whilst Unite the Union said that it was worth remembering that, whatever a migrant worker's status, if they are in employment, then they pay income tax and council tax, and they make a contribution to the Scottish economy, however large or small.52

117. The Ethnic Minorities Law Centre told the Committee that “the vast majority of those who come through the UK immigration system are entirely self-sufficient.”53

118. In countering the criticisms that migrants take jobs from the indigenous population, BEMIS told the Committee—

“All the attention was on the migrant community coming here to take jobs from people. Judging from our experience with our members, that myth has been put aside in the recent months and years, with the acknowledgment that the impact of migrant workers in Scotland is helping, if not to progress the economy, then to sustain it.”54

119. The Committee also heard that in many cases migrants fill jobs which are often hard to fill from the local population. In this regard, the Overseas Nurses and Care-Workers Network said—

“Many jobs would not be done without migrant workers. They keep public transport running, provide badly needed health care; and without their work, many farms and factories could not produce the goods they sell. Migrants in the health service and social care services make a critical contribution to Scotland. Many sectors could not function without us.”55

120. The Committee also heard that an influx of migrants to an area can help to create jobs and stimulate regeneration. For example, the Ethnic Minorities Law Centre told the Committee of a good example in Aberdeen where a run down area of the city had been regenerated as a result of the contribution made by migrants in the area—

“There was an area of the city with lots of empty housing stock that nobody wanted. The houses were given to migrants from the eight 2005 EU accession countries and, as a result, the entire area was regenerated. Businesses sprung up and a new community blossomed.”56

121. Migrants’ contributions extend to other areas too. For example, according to a survey carried out by the Migrant Rights Network, 40% of migrants are active volunteer carers, over and above their paid employment or roles as parents or carers, while 10% do the equivalent of full time work as volunteers in the community, supporting and linking migrants and Scots.57

122. In oral evidence, the Minister for Housing and Communities told the Committee—

“Recent research by Christian Dustmann of University College London finds that immigrants from eastern European Union countries paid 37% more in taxes than they received in benefits and public services in 2008-09.

Secondly, the Low Pay Commission has done research that shows that, contrary to some popular belief, migrants do not depress local wages; indeed, other studies have also shown that. That is something that we should be getting across.

A third interesting fact is that those who have been in the UK for less than five years are twice as likely to start a business as those who have been born here. That is also a welcome fact. All of us, through the one Scotland campaign and through our everyday lives, have a duty to get across those positive facts about the benefits of migration, while addressing some of the genuine concerns about public services and other matters.”58

123. The Minister also told the Committee of a number of other ways that the Scottish Government was seeking to promote the positive benefits of migration. These included the One Scotland59 campaign which helps to raise awareness of the negative impact of racism in Scotland and promotes Scotland as a multicultural society; and the Scottish Connections website60 which celebrates links between Scotland and the A8 countries and which is aimed at tackling discriminatory attitudes towards eastern European migrants. The Minister added—

“We value the contribution that migrants have made and have benefited from it in the past and continue to do so in the present. Migration has determined the complexion of Scotland and her place in the world. We believe that we are one Scotland, which can embrace a diversity of cultures and be the richer for it.”61

124. In response to a suggestion made by the Committee about the use of advertising to help raise awareness about the actual contributions that migrants have made, and are making, in Scotland, the Minister said that the Scottish Government would not rule out, in principle, using the medium of television advertising to put the message across—

“If that were necessary and if we were sure that the adverts would have an impact; however, the issue will be around the budgets for all advertising right across the Government, both north and south of the border.”62

Terminology

125. The Committee believes that the terminology generally used by people to describe migrants has helped to perpetuate negative attitudes. The term “asylum seeker”, for example, appears to be widely used to describe anyone who is a migrant to this country, no matter their reasons for coming here. The term has also taken on negative overtones, despite the fact that this simply describes what a person is seeking to do, in seeking to escape from war or violence or out of fear of persecution.

126. There are many different reasons why people come to Scotland, only one of which is to seek asylum. The main reasons are economic and uptake of education opportunities63 and the range of reasons are described in more detail above at paragraphs 30-36.

127. The terms bogus or illegal asylum seeker have also entered common usage, despite the fact that such terms are patently incorrect, as pointed out by Stephen Abell, Director of the Press Complaints Commission in evidence—

“We monitor the whole press for the use of the phrase "illegal asylum seeker", because it is nonsense and an oxymoron. If someone is an asylum seeker, they are in the process of determining whether they can come to this country, so they are not illegal or otherwise.”64

128. An illegal immigrant on the other hand is a person who has arrived in this country, intentionally not made themselves known to the authorities and who has no legal basis for being here; or someone whose legal status in the UK has expired.

129. Gina Netto of Heriot-Watt University perhaps best summed up the views expressed to the Committee on the general lack of awareness amongst Scots and their inability to distinguish between the different kinds of migrant—

“I do not think that the general public are aware any more of what it means to claim asylum because they have been so confused with stories about bogus asylum seekers and the distinction is no longer clear.”65

“The general public cannot distinguish between asylum seekers, refugees, migrants and those who were born in this country. People of colour come from a wide range of countries, but they are tarred with the same brush and regarded as asylum seekers. That has an impact on community relations at all sorts of levels.”
66

Conclusions

130. The Committee acknowledges from the evidence it has received, that the public perception in Scotland of migrants is generally negative. The Committee recognises that some people will have prejudices, and when armed with the facts about migrants and migration, some might not change their views.

131. The Committee commends the research carried out by the Scottish Government in 2009 which highlighted the positive impacts made by migrants in Scotland. It notes from this research however, that few studies have assessed the impact of migration on services which means that any additional costs that arise are largely unknown. The Committee recommends that the Scottish Government should undertake further research in this regard.

132. The Committee accepts the overwhelming view that came across in evidence, that this general negativity has arisen mainly out of ignorance and a lack of awareness about migration. It remains a fact that many people still consider that migrants come to Scotland without jobs and that they become a strain on public services. The Committee trusts that this report will go some way to dispelling the myths that have arisen around migration, however it acknowledges that progress can only be made if there is a programme of public awareness raising.

133. During the course of its inquiry, the Committee has seen no evidence to substantiate any of the misinformation mentioned in this report. The Committee recommends therefore that the Scottish Government and other public agencies should take forward a “myth-busting” agenda through public awareness raising and public education so that people can understand the issues, are able to distinguish between the different forms of migration and are aware of the contributions that migrants make to Scottish society and culture and also to the economy. The Committee believes that a programme of education and awareness raising will have huge benefits for Scotland in the longer term as Scotland becomes more widely seen as a place welcoming to people who want to come here and make a contribution, and which provides a place of refuge from persecution where people are understanding and sympathetic.

134. The Committee recommends that the Scottish Government should outline its intentions with regard to a programme of public advertising as a means of improving education on migration. The Committee believes that there is a need to publicise the sort of information that was provided in evidence, for example that migrants from Eastern European countries paid 37% more in taxes than they received in benefits and public services in 2008/09; that contrary to popular belief, migrants do not depress local wages; and that migrants who have been in the country for less than 5 years are twice as likely to start a business as anyone else. Although the Committee recognises the potential costs involved in a publicity campaign, especially during a time of financial restraint, it believes that this is a serious issue which needs to be addressed if there is to be improved understanding and integration.

135. At a local level too, the Committee recommends that the Scottish Government should consider with public authorities and the voluntary sector what measures can be taken to disseminate information in order to raise awareness about migration issues in local communities. The voluntary sector is a valuable resource in this regard, as they have day to day involvement with migrants, and their expertise should be fully utilised and resourced.

The influence of the media

136. A view held by many witnesses, including migrants that the Committee spoke to, is that the general lack of awareness of migration issues amongst Scots, and the negative perceptions about migrants held by many people, can be attributed in part to the media and its coverage of migration.

137. Witnesses told the Committee that the media tended to portray migrants in a negative way, ignoring the positive contributions they make to Scottish society, culture and the economy. The media was also accused of using provocative and inaccurate language which had now entered common usage. As a result of all of this, the media had heavily influenced the way many people feel about migrants.

138. In light of these criticisms, the Committee held an oral evidence session specifically on the media on 29 June 2010, which was attended by the Editor of the Scotsman, the National Union of Journalists and the Press Complaints Commission.

Criticisms of the media

139. Positive Action in Housing told the Committee that, in its view, the media tended to fixate on perceived difficulties experienced in the South East of England where population density is higher and there is more pressure on services both from migrants and from long established communities; and that in Scotland, there was not enough focus on the essential contribution that migrants make to our ageing, declining population.67

140. BEMIS told the Committee that—

“There is confusion around the whole concept of migration and migrants in certain sections of the community in Scotland. The media have exploited that confusion in a bad way—consciously and sometimes unconsciously—which has impacted on local communities. There is no way that we can convince the media suddenly to change their views; our approach to tackling the issue is to organise and empower local migrant community groups and to help them to engage with other groups, to build capacity and promote active citizenship…

There will always be a stigma attached to asylum seekers. In the legal context, asylum is a reserved matter, which has nothing to do with the civic context of migration. The tabloid media sometimes consciously exploit the confusion.”68

141. ACPOS told the Committee—

“The media portrayal of migrant communities is in the main negative and therefore migrants are often viewed with suspicion and distrust within the communities they are integrating with…Migration issues are reported upon with extreme headlines and adverse connotations.69

142. Oxfam said—

“The danger of negative and or poor media coverage that focuses on numbers without contexts and fails to report on real people is that it may exacerbate community tensions and reinforce myths about migration”.70

143. The Overseas Nurses and Care-Workers Network indicated—

“Our respondents felt that the media is fuelling the racism that they already experience, by highlighting negative stories. The story most raised was that of “British jobs for British people”. This had a major impact on the lives of the migrants. Many reported that there are more racist comments within their workplace and their local communities.”71

144. Dr Lugo-Ocando, Lecturer in Journalism Studies at the University of Stirling considered that—

“Unless there is a concentrated effort to set an agenda that is different, progressive, thoughtful and comprehensive, we will not have something different in this country. Instead, we will have a lot of resentment, xenophobia and, sadly, street violence and other problems because of people's misperceptions about immigration.”72

Comparing coverage

145. It was suggested to the Committee that whilst it was wrong to generalise about all migrants, it was equally wrong to generalise about the media. It was suggested to the Committee, for example, that the broadcast media was considered to be generally more responsible in its reporting of migration issues than the written or print media. It was also suggested in evidence that the Scottish press was more responsible in its reporting than the UK press.

146. The Scottish Refugee Council supported these views—

“Print media tend to be worse at covering the issues than broadcast media; and the UK media are generally less good at portraying the issues sensibly and appropriately than the Scottish media. There is a sense that the issues are better reported in Scotland. We do a lot of work with editors of broadcast and print media in Scotland to try to ensure that when the issues are reported, they are reported accurately and fairly.73

147. The Minister for Housing and Communities, in his evidence, considered that the broadcast media and the quality press in Scotland were more balanced in their coverage—

“There is no doubt in some parts of the media, there is a negative campaign almost to scare people sometimes about the impacts of migration. That is to be deplored. When I segment the media in terms of that, I do not want to make too much of a generalisation; however it is fair to say that the broadcast media are much more balanced in their coverage of the subject than some parts of the print media.”74

“If you compare the opinion columns in the Herald and the Scotsman on the subject, they tend to be more balanced, fair and accurate than some of the coverage in the UK national newspapers.”75

148. John McLellan, the Editor of the Scotsman did not feel it was possible to compare coverage of the different mediums—

“We occupy different spaces, so it is not possible to make a like-for-like comparison of tone between the BBC and the Daily Express, STV and the Daily Mirror or whichever other bits we want to compare. The essence of the press is that it is free and diverse. People have 19 daily newspapers to choose from. It is impossible to compare the press, TV and radio.76

149. Dr Lugo-Ocando told the Committee that whilst he believed Scottish newspapers were more responsible in their coverage of migration issues than English newspapers, he did not consider that this necessarily meant they were more positive. He added—

“Scottish media outlets certainly have a more responsible tone and a greater willingness to respond to criticism about their coverage than their English counterparts do.”77

150. However, Gina Netto from Heriot-Watt University warned that not too much should be made of how much better the Scottish media are than the UK media because, in her opinion, there was a low baseline from which to work.78

Complaints about media coverage

151. Accurate and responsible reporting helps to ensure that people are well informed and will help prevent myths from becoming accepted fact. The Press Complaints Commission (PCC) and Ofcom deal with complaints about the language used in media coverage.

152. Stephen Abell, Director of the PCC explained to the Committee that its involvement is in the use of terminology and the factual basis for stories, rather than the tone of stories, on which it had no locus. In terms of the number of complaints made about media coverage of migration issues, Mr Abell told the Committee that around 10% of the total number of investigated complaints they receive, relate to the Scottish press. He acknowledged however, that it is difficult to identify from the data how many of those complaints related to migration issues because complaints are not categorised according to subject matter. He added however that—

“In broad terms, over the course of a year we probably get 200 to 300 complaints about immigration across the whole of the national press, which can increase if particular articles cause particularly large numbers of complaints, as does happen. It is a significant figure.”79

Improving the media’s understanding

153. In looking forward, the Committee considered what steps were being taken by the media to address the concerns raised about its coverage of migration issues.

154. Paul Holleran of the NUJ told the Committee that reporting on the positive role of migrants had been showcased at the annual Oxfam press awards this year, where a cross-section of the Scottish media received awards in recognition of their reporting in this regard. Winners including The Herald, the Evening Times, Scotland on Sunday, the Courier and Advertiser, Scottish Television and Radio Clyde.80

155. He also told the Committee that the NUJ was working with universities and colleges to ensure that ethical reporting on migration issues forms part of journalism courses.81

156. The NUJ was also developing a dialogue between journalists and organisations such as the Scottish Refugee Council, Amnesty International and Oxfam which has resulted in the production of guidelines for journalists. Paul Holleran explained—

“We have distributed the guidelines to the Scottish press over a number of years, and there has been a positive response to the details that they contained on use of language and contacts for different asylum and refugee groups. The guidelines have been taken on board, and they have had an impact.”82

157. It was acknowledged in evidence that engagement between the media and migrants themselves is also vital if there is to be an improved understanding of the issues. The employment of migrants in the media was also suggested to the Committee as a means of helping to ensure more knowledgeable, accurate reporting. In this regard, Gina Netto of Heriot-Watt University suggested—

“A process of engagement needs to be entered into between the media and migrant communities so that the media are informed. Migrant organisations have told me that even when they tell the media about events that they are holding or positive initiatives that they are introducing, the media have sometimes shown little interest in them or have not picked up on them. It might well be that, as you say, they prefer bad news stories to good news stories. There must be engagement and I think that a positive step would be to encourage individuals from migrant communities to work in the media, or to take a more welcoming, inclusive and encouraging approach to minority ethnic involvement in the media.” 83

Conclusions

158. The Committee acknowledges the important role the media can play in raising awareness of migration issues in Scotland. It does not consider all reporting of migration issues in Scotland to be negative or inaccurate, however it is conscious of the high levels of criticism that were levelled at the media during the course of this inquiry for its coverage of migration issues.

159. The Committee is concerned to note the view expressed by a number of witnesses, including from migrants themselves, that the media has had a negative influence on people’s perceptions of migrants; that it tends to present and report on migrants and migration in a negative way; and that in doing so, it has helped to promote and perpetuate a number of myths which have become accepted fact by many people.

160. The Committee believes that reporting on migration issues in Scotland has not been well balanced generally, with the positive contributions that migrants make being generally ignored, whilst negative stories are given some prominence.

161. The Committee accepts that the Scottish media may have adopted a more positive tone when reporting on migration issues than other sections of the UK media, and that the broadcast media is perhaps more balanced than the written or print media. It also acknowledges that parts of the Scottish media have been recognised for their reporting on migration issues. However, the Committee notes the view put forward in evidence that there is a low baseline from which to work, and it accords with this view. It also considers that there is much room for improvement right across the Scottish media in terms of its coverage of migration issues.

162. The Committee believes that local media also have an important role to play in raising awareness about migration issues that affect the people in their local communities, and calls for more engagement between local media and migrant communities as this can only help the public education process.

163. The Committee believes that the media and migrant communities must work together to make sure that there is a better understanding of the issues, and to ensure different points of view are heard. The media cannot publish positive stories if they are not made aware of them. Migrant communities therefore need to be more proactive in terms of engaging with the media and the Committee encourages their representatives to consider ways in which this can be improved.

164. The Committee welcomes progress being made within journalism to promote a better understanding of migration issues. It acknowledges the work that the NUJ is doing to raise the awareness of journalists through their work with universities and colleges to ensure ethical reporting on migration issues is part of journalism courses. This should be an ongoing process however, and form part of journalists’ continuous professional development.

165. The Committee commends the guidelines that have been issued to journalists by the NUJ following work it has done in conjunction with the Scottish Refugee Council, Amnesty International and Oxfam. The Committee believes that there should be continuous development of these guidelines to ensure they are up to date and keep pace with a changing migration landscape.

166. The Committee notes the work of the Press Complaints Commission which provides an outlet for many migrants to voice their concerns about inaccurate reporting and who feel they have nowhere else to turn. The Committee believes that the complaints process needs to be open, transparent and accessible to all and that it should be as straightforward as possible. The Committee encourages migrants and their representatives to engage positively with the PCC where they feel there have been instances of inaccurate reporting.

The influence of politicians

167. In discussing the role of the media in delivering messages about migration, a number of witnesses, including migrants themselves, commented that politicians too have a responsibility with regard to public pronouncements they make.

168. The Ethnic Minorities Law Centre told the Committee—

“The root of the negative portrayal lies in fear. Politicians can sometimes scaremonger among and feed fear to their constituents, so they have to take the lead in addressing the issue.”84

169. Gina Netto of Heriot-Watt University added—

“Perhaps when politicians consider migration and migrant communities they need to highlight the positive aspects and benefits of migration, instead of always talking about pressure on services. Education and health are two key services—housing is a third—in relation to which the Scottish Government has fully devolved powers, so there is much scope for positive action.85

170. Paul Holleran of the NUJ suggested that if all politicians promoted positive messages about the contribution migrants make to Scottish society, it would make it “more difficult for the papers to distort the situation”.86

171. The Scottish Refugee Council gave oral evidence not long after the UK General Election in 2010. They commented—

“When migration came up in the last Scottish leaders’ debate, the way the questions were handled and the responses from politicians of all parties were, in my view, much more balanced than some of the debates that took place at UK level. Immigration is a toxic issue. Consequently, that feeds into the way that the media portray it.”87

172. During the Committee’s informal session with migrants in Glasgow on 7 June 2010, there was an acknowledgement that there had been a lack of political engagement by migrants, which they believed partly stemmed from a lack of knowledge about the political process and whether or not they were entitled to vote. A number considered that they were disenfranchised in this regard.

Conclusions

173. The Committee acknowledges that politicians and other public figures have an important part to play in communicating accurate messages about migration. Politicians need to be well informed about migration to be able to speak responsibly on these issues, and that they need to be mindful of the consequences of any public pronouncements they do make.

174. Politicians, political organsiations and movements all have an important role to play in helping the public education process, and the Committee hopes that the work it has done in its inquiry will help arm politicians of all political persuasions with the ammunition to dispel many of the myths that surround migration and asylum and to highlight the positive contributions migrants make.

175. The Committee is concerned that a number of migrants it spoke to during its inquiry believe they are disengaged from the political process. The Committee believes it is vital for migrants to be politically engaged, and that politicians have a role to play in encouraging migrants to become involved in the democratic process, either through simply voting in elections, becoming local activists or becoming involved at a national level as MSPs or MPs. The Committee considers that this is vital if the voices of the migrant population in Scotland are to be heard.

KEY CHALLENGES

176. Having considered the key overarching issues in its inquiry, in the next section of this report, the Committee considers more specific migration issues. These include challenges in—

  • improving awareness amongst migrants about public services, and their rights and entitlements;

  • employment including exploitative employment practises, skills and qualifications;

  • health and education;

  • housing; and

  • policing and enforcement.

Migrants’ lack of awareness about public services, rights and entitlements

177. The Committee was told by migrants at the informal session in Glasgow on 7 June that, on arrival in Scotland, many migrants do not know what public services are available or where to turn to for help or advice on issues such as employment and health care. They often do not know about their rights and entitlements for example in relation to benefits and housing which can mean that migrants do not have access to public services to which they are entitled, and they are open to exploitation.

178. The Committee was told that many migrants only find out information through word of mouth or through local community groups, rather than through official documentation or advertising. Whilst some witnesses considered that word of mouth was quite an effective way of finding out information, others believed that it can lead to people being given inaccurate information which could result in them losing out on entitlements and access to services.

179. Heather Rolfe of the National Institute of Economic and Social Research agreed that there is a low level of awareness among migrants about their rights to public services and to entitlements, but, perhaps even more worryingly, considered that there is also a low level of awareness of migrants’ rights amongst public service providers—

“A lot of migrants rely on word of mouth and their own networks, some of which may be quite effective in telling them where they can find support and services, but we do not know that and a lot of them may not be. Secondly, of more concern, some services have a low level of awareness of the rights of migrants, particularly in the area of housing. For example, are new migrants entitled to social housing? Some migrants may have lost out on services because of that.”88

180. Rami Ousta of BEMIS agreed that some stakeholders are less aware of migrants’ rights and entitlements than some migrants are—

“I make a distinction between legal rights and civic rights. There is ignorance in the migrant community about both types of rights, but some migrant communities have more knowledge about their rights than the stakeholders have. The issue has caused concern because some migrant groups are very aware of their rights but local authorities and others are not clear about their legal entitlements, which causes confusion.”89

181. The City of Edinburgh Council told the Committee that there continues to be a limited awareness of the rights of migrants, both from the migrants themselves and from public services. They said that public services had been required to deal with a range of issues, and they have had to develop appropriate levels of expertise.90

Addressing concerns about lack of awareness

182. In its written submission, the Scottish Government told the Committee that a number of initiatives were being taken forward to help address concerns about a general lack of awareness. These include—

  • working with COSLA to develop guidance on what services local authorities and other statutory bodies are required to provide to migrants;

  • working closely with partners such as the Scottish Migrants Network (SMN) to provide information to migrant workers on their employment rights through a recent poster campaign;

  • providing funding to the SMN’s first national conference, which included sessions on a range of rights including a Heath and Safety Executive event on safety in the workplace; and

  • providing assistance to migrants and employers through the Relocation Advisory Service, which supports the attraction and retention of migrant workers and the transition from study to work.91

183. In oral evidence, the Minister for Housing and Communities added that—

“Part of the job of Government is to ensure that migrants who are here are aware of their rights…

There will always be some gaps [in provision], because we are talking about a goalpost that is moving all the time. Many migrants are here only for a short period, but they might not know that they will be here for a short period. They might change their plans and return earlier than planned. There is a constant flow of people coming in and going out or returning. Through the work with the Migrants Network, the Poverty Alliance and COSLA, we are trying to establish the infrastructure of support that is required. I hope that, through time, we will get better at identifying people who are new in Scotland and who need to be made aware of their rights.”92

184. In terms of steps being taken to improve awareness, the Committee was pleased to note a number of initiatives being undertaken.

185. For example, it was encouraged to note that NHS Scotland has produced a multi-lingual DVD that has been distributed to stakeholders and groups that work with migrant groups. According to NHS Scotland, this is aimed at making it easier for people to get the right service when they need it—

“It will be particularly useful to people who are new to Scotland, people with low literacy, and people whose first language is not English. “How to use the health Service in Scotland” is aimed at patients and others who need information about how to use the NHS in a simple, accessible format. It has a voiceover in 16 languages, including English as well as a British Sign Language option.” 93

186. Dr Alison McCallum of NHS Lothian said that it was doing a number of things to help promote the services they provide such as—

“…doing attendance support work—which is for our established deprived population—in one of our GP practices; providing text and telephone reminders; enabling people to attend services at times that suit them; knocking on doors for the keep well programme and providing interventions in that way; and using NHS 24 to provide additional attendance support. All those things work.”94

187. Dr Kevin Fellows of the SE Glasgow Health and Care Partnership highlighted the essential role bilingual GPs, receptionists and pharmacists play in the health services communication process.95 The Partnership had also responded to the needs of the local Roma community in Govanhill by establishing a multi-agency group—

“Called the practitioners group, which included people from health, social care, education, fire safety, the police and voluntary organisations. The group began by trying to understand what the problems were and demystify some of the issues.”96

188. Seonad Forbes of Positive Action in Housing told the Committee that they had—

“Worked with various local authorities to run large-scale information events for new migrants, at which we bring together local service providers and provide interpreters. New migrants can come and meet people from various services. That breaks down barriers and means that people are more aware of the services that are available. When people have had initial contact with one or two members of staff, they might be less wary of approaching them in future.97

189. Suzie Scottt of Glasgow Housing Association told the Committee that it was in the process of employing its own migrant support adviser, who would work with its staff and other agencies to ensure that staff and migrants have a much better understanding of the rights and obligations in this area. It had also translated much of its core material into a range of languages, had made this available on its website and in local offices and had distributed leaflets to other agencies. It had also worked with Glasgow City Council and local community health and care partnerships to produce a leaflet for migrants which was available in other languages.98

190. The Committee is also aware that welcome packs have been produced by some local authorities, including Dundee City Council99 and Stirling Council100 which include vital information to migrants including advice on where to source housing, employment, emergency services, education and training, health services and childcare. The information also includes information on the minimum wage and housing and employment rights.

191. Rami Ousta of BEMIS told the Committee that it had produced a document to raise awareness of employment rights and where to get advice. It also deals with equality issues. This has been distributed, in partnership with the Scottish Trades Union Congress, to various migrant workers across the country.101

192. Keith Dryburgh of Citizen’s Advice Scotland said that it had already translated most of its leaflets into prominent languages—

“So that anybody can come in and pick up a leaflet in Polish, Slovak and so on. We have worked with the Scottish Migrants Network, which had a poster campaign last year to raise migrant workers' awareness of their working rights. Individual bureaux have been really active in that sphere. I have heard that many Polish migrants volunteer in bureaux as advisers and interpreters, and quite a few Polish migrants work in bureaux.”102

193. Detective Superintendent Roddy Ross of Tayside Police told the Committee that the bulk of their work in relation to community engagement was being done through Community Planning Partnerships—

“There is some really good information about the rights and responsibilities of migrant workers, which is available online, in different languages and to all of the partners who may come into contact with different migrant communities. That information is backed up by material in multiple languages on driving, from the Safer Scotland campaign.”103

Conclusions

194. The Committee believes it is vital for information to be made available to migrants on their arrival in Scotland so that they know what their legal and civic rights and entitlements are, and to assist them in sourcing help and information so that they can have access to the full range of public services that will assist them and help make their transition to life in Scotland as straightforward as possible.

195. The Committee also considers that it is important for information to be made available to migrants before they come to Scotland so that it forms part of the decision-making process that potential migrants will go through before deciding whether or not to come here.

196. The Committee recognises that the situation will be different for those seeking asylum in Scotland, as they will not have the opportunity to consider information before they leave their country of origin, therefore information on arrival will therefore be vital.

197. The Committee recommends that the Scottish Government undertakes the provision of a national “Welcome to Scotland” pack which would contain a wide range of information for new migrants and provide them with signposts to where they can receive further advice and help. This would ensure that information is not provided on a piecemeal basis. Such packs should be available in a range of languages and the Scottish Government should work with its offices overseas to ensure these are available abroad in appropriate locations and online.

198. The Committee is aware of the work that is currently underway between the Scottish Government, COSLA and the Scottish Migrants Network to develop guidance and information for migrants, and it recommends that this forms the basis of the national welcome pack.

199. The Committee commends the welcome packs that have been produced by some local authorities in Scotland, which provide a wide range of information to migrants and provide signposts to further help. The Committee recognises potential financial constraints, however, it calls on COSLA to work with local authorities on producing similar welcome packs for their areas, which could link with a national pack produced by the Scottish Government. Packs could be made available online and given to local migrant community groups, placed in libraries and in workplaces where migrant workers are employed, and also given to front line public services, doctor’s surgeries and schools for example.

200. The Committee believes that if the suggestion of welcome packs at a national and local level is progressed, it will be important for there to be central co-ordination of the information to make sure that this is accurate, consistent and up to date. The Committee believes that the Scottish Government is best placed to take on this role.

201. The Committee welcomes the range of initiatives that are being carried out at a local level to produce information for migrants. There are excellent examples of work going on in the NHS, with the production of a DVD on how to access health services, and through multi-agency working such as at the Hub in Govanhill, Glasgow. The Committee considers that the sharing and dissemination of good practice is essential.

202. The Committee wishes to acknowledge the important role that the voluntary sector plays in providing advice and information to migrants. It has built up a level of expertise through working with migrants at a local level, and it is important that their expertise is utilised and resourced.

203. The Committee was extremely concerned to hear it suggested in evidence that, not only do many migrants not know about their rights and entitlements, but that some public services are often not fully aware of these either. Whilst the Committee accepts that the issues may be complex, it finds this situation unacceptable as these services are relied upon to offer help and accurate advice. The Committee recommends that the Scottish Government should investigate and address this particular issue as a matter of urgency and to report to the Committee on its findings.

204. The Committee acknowledges that language can be a barrier for migrants in terms of being able to find out about accessing services. The Committee believes it is important that where possible, those public services which provide information and advice to migrants should provide translation and interpretation services, and to provide information that in a range of languages.

Employment and exploitative practices

205. Migrants who come to Scotland from EU countries have an automatic right to work and an automatic right to enter the UK. They do not require a visa. However, the employment rules vary depending on whether someone is from established EU members, is an A8 national or is from an A2 country.

206. Those migrants who come to Scotland from established EU members such as Germany, France, Italy, etc. do not require to inform the Home Office or register for work. They can work straight away. If an established European national loses their job, they have access to jobseekers allowance while they seek other work.

207. However, migrants from A8 countries are subject to special rules during their first year in the country. They must register with the Home Office and there is a duty on them to do so within a month of commencing employment. It is only by registering that they are deemed to be in lawful employment. Once registered, migrants have access to all in-work benefits such as child benefit, tax credits and housing benefit. However, if an A8 migrant loses their job within the initial 12 months, they will have no access to the welfare system, because they cannot have work-seeker status until they have completed a full 12 months' continuous employment while registered with the Home Office.

208. A2 nationals are subject to greater restrictions and have no free access to the labour market. They can work only with prior permission from the Home Office. Permission from the Home Office has to be obtained before they arrive in the UK. A2 nationals do however have the right to be self-employed without permission from the Home Office. A2 nationals must complete a full 12 months' continuous employment, with permission and while registered, before they are able to access benefits such as jobseekers allowance if they lose their job.

209. Non-European nationals must have a visa endorsed in their passport before they are allowed to enter the country (there are some minor exceptions for Canada, the United States and Australia, whose citizens can get entry for six months' leave as a visitor). However, for a longer stay, non-European nationals will need a visa. People who are on a limited leave visa have no access to the welfare state and, if they lose their job, they have no access to jobseekers allowance, housing support or homelessness assistance. It is only when a person obtains indefinite leave to remain as a permanent resident that they have access to the welfare state.

210. The Committee is grateful to Stewart Cunningham of the Ethnic Minorities Law Centre for setting out this information for the Committee at its meeting on 18 May 2010.104

Worker Registration Scheme

211. The Worker Registration Scheme was introduced in 2004 when the A8 countries joined the European Union. It allows the UK Border Agency to monitor where citizens of those countries (except Malta and Cyprus) are coming into the labour market, the type of work they are doing, and the impact this has on the economy.

212. The Scheme is due to be discontinued in May 2011, by which time migrants from A8 countries will no longer be considered to be accession states under EU law, and their nationals will enjoy the same rights as those of established EU member states.

213. Govanhill Law Centre told the Committee that there is a lack of awareness amongst migrants of the Scheme and how it works. For example, they explained that there are cases where people have registered for work, worked for an employer for less than a year and then moved on to new employment. They are however unaware that they are required to register for work again when they commence new employment. According to the Law Centre, some have tried to register again, however their employers have told them that they are not required to do so. The consequence is that those people are then prevented from completing one year’s continuous service, which would have given them increased access to social welfare benefits and social assistance.

214. Govanhill Law Centre believes that the Scheme is a barrier for migrants and that better information on the Scheme has to be made available (in different languages), to advise on the Scheme and the consequences of non-compliance, which can be serious.105

Exploitation of migrant workers

215. Once migrants have navigated the employment complexities set out above, and secured a job, then they might feel entitled to believe that things will become more straightforward. However, according to the evidence received by the Committee, this is not the case as a number of migrants are then faced with employers who are prepared to exploit them. In evidence, the Committee was told that—

  • migrants can become the target of exploitative employment practices where they may not, for example, be provided with contracts of employment or payslips and where passports have been withheld by employers; and

  • migrants can become fearful of complaining about exploitation or abuse due to concerns about how those in positions of authority will react (this is especially problematic in rural areas where accommodation may be tied to the job).

216. Some migrants come to Scotland having been promised work, sometimes through an agency. In some cases, the jobs they have been promised do not materialise and they are put in a position where they are forced to stay here in order to pay back the costs of bringing them to Scotland.

217. Govanhill Law Centre explained these problems in some detail in connection with the area of Glasgow they represent—

  • We currently represent over 20 clients from Czech Republic and Slovakia who are in this situation.

  • They have no work and no English skills - the agency advertise that English is not required. The agency advertise on the internet and in newspapers in Czech Republic and Slovakia.

  • The company change their name regularly, which presents problems to enforcement agencies trying to bring the agency to justice.

  • Our clients they have been conned to arriving in the UK with the promise of a job, but arrive here, pay £450 and are not given jobs.

  • Our clients are forced to sign documents they do not understand as they are in English. The terms of the written agreement differ from their understanding of the agreement.

  • Our clients have no way of paying their rent to their landlord and are totally destitute. Local private landlords appear to have entered into informal arrangements this agency, allowing them to act as “landlord”.

  • This arrangement has been going on for some years, and evidence from advisors in the area indicates that hundreds of workers have been coming here over many years. Workers are still arriving, with the most recent arriving two weeks ago.

  • When the workers are unable to pay their rent, the letting agent/ owner of the property tend to harass and intimidate the workers, in breach of section 22 of the Rent (Scotland) Act 1984. Several of the workers have been threatened with assault; they have had their gas and electricity cut off too. Several workers have insect bites on their bodies due to insect infestation.

  • Workers are still arriving under the promise of work.

  • Workers are scared, frightened of being assaulted and do not know where to turn. 106

218. Stewart Cunningham of the Ethnic Minorities Law Centre also believed that some agencies and employers prey on the vulnerability of migrants—

“Agencies are among the biggest difficulties. Employers are getting savvy; they know how they can avoid liability under the law. I have heard examples of fish factories sacking all the agency workers whom they employed when those workers were getting up to their one-year qualifying period for unfair dismissal rates and bringing in a whole raft of new workers, simply to avoid any potential unfair dismissal claims.”107

219. Seonad Forbes of Positive Action in Housing told the Committee—

“Work needs to be done in people’s countries of origin, before they come here, so that they have more of an awareness of the reality in Scotland. People should not trust in an agency to bring them here – they do not need an agency to bring them here, as they have freedom of movement. If people want to come off their own bat, they may do so, but they should be prepared for the situation being as it is, in the recession - looking for work before they come is a better idea. Unscrupulous agencies are a big problem.”108

Making complaints about employers

220. The Committee was told in evidence, including from EHRC, the STUC and Unison, that many migrant workers feel unable to complain or seek help in relation to their treatment for fear of the ramifications. Migrants may not feel confident that they are fully in receipt of the rules and regulations governing their employment, perhaps through the lack of information available or through the lack of understanding of what these mean. They may therefore accept at face value what an employer tells them.

221. Keith Dryburgh of Citizens Advice Scotland (CAS) told the Committee that it received many requests from migrants for help in relation to employers—

“Quite a lot of migrant workers come to us with significant employment issues in which their rights have clearly been infringed, but they do not want to take any action against the employer because they do not want to lose their jobs. They know that that could happen if the employer knows that they have been taking advice, so we often get people coming for advice but not taking up the offer of help because they are too scared of what will happen.

Many workers, particularly in rural areas, have accommodation that is tied to the job and it is difficult for them to make complaints against their employer because they are scared of losing their home. Basically, being dismissed would make them homeless.”109

222. Elaine Dougall of Unite the Union considered that an additional reason why migrants might not come forward with complaints is because of a lack of trust of public services. Some migrants may think that Scottish authorities will be just the same as those in their countries of origin and are therefore not prepared to come forward for fear of reprisals. Unite the Union considered that women in particular were fearful of coming forward—

“From the women's point of view, there is a lack of trust of public services, a lack of information and an issue with language. Many women migrant workers feel isolated and feel that, if they use public services and make complaints to the police, they could be in a vulnerable position.”110

223. Some migrants may come from a country where practices such as the withholding of passports or other documentation by employers, is seen as normal. When a Scottish employer adopts these practices, a migrant worker may not think anything of it. Yet the Committee was told that this is happening in Scotland, as well as other practises such as migrant workers not being given contracts of employment or payslips so they do not know what they are entitled to or what they are being paid.111

Enforcement

224. In order to address these exploitative practices, the Committee asked Citizens Advice Scotland whether current legislation governing the protection of workers needed to be tightened. In response, however, Keith Dryburgh considered that the law did not need to be changed but what was needed was better enforcement of the law—

“I do not think that there is anything wrong with existing employment laws; they just need to be enforced better. Migrant workers need to know their rights and responsibilities. When we see problems, two kinds of employers are involved: employers who are perhaps ignorant of their rights and responsibilities, who do not know that they are not meeting their responsibilities; and a minority of employers who actively undermine employment law, because they think that they can get away with it. Anything that can be done to promote existing laws is probably the way forward.112

225. Alastair MacDonald of Job Centre Plus (Department of Work and Pensions (DWP)) told the Committee that the Employment Agency Standards Inspectorate113 which is within the Department for Business, Innovation and Skills has a UK-wide remit and exists specifically to work with agencies, employers and workers on compliance, particularly involving vulnerable agency workers.114

226. Where employers are bringing in people from outside the European Economic Area, they are required to have a sponsor license issued by the UKBA. They have to sign up to certain obligations, such as paying people the appropriate rate for the job. The Committee was told that these are set out in codes of practice which employers must adhere to.115

227. The DWP employs teams to ensure sponsor compliance. Alastair MacDonald told the Committee that—

“I know of cases in which people have not been paying what they said they would, so we have made them give back pay to the people whom they have brought in.

We can downgrade their license and impose restrictions on what they can do, or we can suspend or revoke their licence to prevent them from sponsoring anyone else in the future. In more serious cases we can use measures such as illegal working legislation. We have a range of sanctions we can apply, depending on the nature of the offence and how serious it is.”116

228. Phil Taylor of the UKBA said that as a result of their operations there was evidence of exploitative employers, and that the civil penalties regime introduced several years ago, was designed to address this at source by penalising the employer rather than the employee. If an employee is in the country illegally, employers could be fined up to £10,000 per employee, and where an employer is deliberately bringing in illegal migrant labour, the UKBA can mount a criminal prosecution.117

229. Unison, in its written submission, said that in 2008 it launched the Migration Workers Charter which was aimed at encouraging employers to establish a range of best practice in the treatment of migrant workers.118 This covers ethical recruitment, pay and conditions, accommodation, discrimination and how to address language and cultural issues. It was published in response to the increasing number of cases being referred to Unison about the exploitation of migrant workers in relation to their employment rights.

Conclusions

230. The Committee notes with concern that there appears to be a lack of awareness of the Workers Registration Scheme amongst migrants especially given that the implications of non-compliance with this can be serious and have adverse consequences for the individual. The Committee is pleased to note that the Scheme is due to be discontinued beyond April 2011, when migrants from A8 countries will be able to enjoy the same rights as those of established EU countries. However, until then, it is important that there is an awareness raising programme to ensure understanding and compliance with the Scheme by migrants, and that information is available in different languages. The Committee considers that the Scottish Government should take the lead on this.

231. The Committee acknowledges the complexities of employment regulation for migrant workers and that this can be a problem both for workers and employers. Most employers are good employers who meet their obligations and who treat migrant workers fairly and equally alongside other workers. However, it was clear in evidence that there are a number of employers who take advantage of people who have come to Scotland to work and who prey on their fears and anxieties. This is both unacceptable and illegal.

232. Where migrants have been subject to exploitative practices, it is acknowledged by the Committee that the process of complaining about an employer can be a daunting one, especially when the person may not know whether the employer is acting properly or where the person does not have a good command of English. Whilst an understanding of their rights is vital for migrant workers, so too is access to services that can help them with any complaints they may wish to take forward. These services should be properly signposted for all migrant workers, and, the Committee calls on the Scottish Government to include this information in the welcome packs recommended above.

233. The Committee knows that legislation is in place to protect workers from exploitation, and acknowledges the view given in evidence that while this does not require tightening, enforcement of the legislation does need to be improved. The Committee acknowledges the work being done by the DWP and UKBA in this regard and the penalties under the legislation that can be imposed on employers. The Committee draws to the attention of both organisations the concerns that were raised in evidence about the need for the enforcement regime to be improved. It also calls upon the Scottish Government to liaise with both the DWP and UKBA on how this will be taken forward and to report back to the Committee on the outcome of these discussions.

Utilising qualifications and skills

234. Migration has generally been found to impact on sectors and occupations of low wage and low skill. Research in Scotland has found that the majority of migrants are employed in semi-skilled or unskilled jobs, and that progression to more highly skilled work is likely to increase the economic benefit of migration to the economy and also encourage settlement rather than short term stays.119

235. Research commissioned by Scottish Enterprise however, found that there were a number of barriers to progression of migrant workers, including English language ability, problems with transfer, employer attitudes and recognition of qualifications.

Qualifications

236. The Committee was told by a number of witnesses that many migrants who arrive in Scotland possess the relevant skills, experience and qualifications to enter more highly skilled jobs but that qualifications obtained abroad are not recognised by employers or educational institutions. Some migrants therefore gave up pursuing a particular career and either take up employment in unskilled jobs or they may decide to leave Scotland altogether and take their skills and expertise with them.

237. The issue was apparent in the NHS, as Linda Delgado of Unite pointed out in evidence—

“Qualifications are an issue….We know that a large quantity of nurses and other medical staff from the Far East are totally underemployed. Their qualifications are not recognised, so they are working as auxiliaries in private health care. When such people arrive in Scotland their goal is to work in the national health service, but it is unusual for them to be able to walk into an NHS job—they have to work up to that.120

238. Keith Dryburgh from Citizens Advice Scotland acknowledged—

“We have seen a multitude of clients who have university degrees and were professionals but who, on coming to Britain and Scotland, have taken jobs that are different from what they are qualified in.”121

239. Heather Rolfe of the National Institute of Economic and Social Research added—

“There are graduates in law and accounting and so on employed in routine jobs and employers making few attempts to use and develop their skills. That is a key issue if we are to encourage migrants to stay in Scotland”.122

240. Dr Alison McCallum, Director of Public Health at of NHS Lothian told the Committee that some progress was being made on this issue—

“We have a health care academy in NHS Lothian, which enables people to get into employment in the health service. Migrant workers who were not able to work at the same level as they did where they were previously have come in, progressed through the ranks and come out the other side as health professionals. That approach seems worth while, and we would like to have the resources to expand it.”123

241. However, Dr McCallum was concerned about the levels of bureaucracy involved in securing the services of skilled people—

“There is a potential issue when we want to recruit people with particular skills and expertise. Even with those who are wholly competent from a language point of view, there is still quite a lot of red tape involved in getting the best person for the job. We are talking about people who may be a regional or world expert in their field and from whose talents we in Scotland would want to benefit.124

242. John Wilkes, Chief Executive of the Scottish Refugee Council was also concerned about the bureaucracy involved and called for the eqivalence of qualifications—

“Enabling people to retrain or to get equivalent recognition of their qualifications in Scotland or the UK is important…. It is right that we have a system that ensures that people who access the UK or Scottish economy have the appropriate skill levels and qualifications. It is not about taking short cuts; it is about saying that there may be areas in which the processes are too long and bureaucratic and that equivalence may be considered.”125

243. Alastair MacDonald of the Department of Work and Pensions told the Committee of work being done on a national qualifications framework being carried out at an EU level—

“Although the skills agenda is a matter for the Scottish Government, the Department for Work and Pensions is engaged in a European agenda to create some commonality. There is also an EU treaty obligation. We are apparently part of a European skills, competencies and occupations taxonomy, known as ESCO. It is an attempt to get a multilingual classification of occupations, skills, competencies and qualifications to allow employers and jobseekers throughout the EEA to work within some sort of shared framework. All member states in the EU are developing a national qualification framework in the European context, so as to develop some sort of common language.”126

244. The Committee notes that the Scottish Government commissioned the Scottish Credit and Qualifications Framework Partnership (SCQFP) to conduct a scoping exercise on the recognition of qualifications, which was concluded in July 2010 and which has now been published.127 This exercise was welcomed by Linda McTavish of Scotland’s College Principals Convention in evidence—

“We welcome the scoping exercise, which is imperative…It is about recognising qualifications and that the standards that have been set in Scotland for certain jobs have been reached, and about ensuring that a joiner or woodworker who has come from Afghanistan, Iran or wherever has construction skills that will allow them to work in our health and safety environment. That is why we need a system in Scotland that recognises such skills. Things are well defined for professional groups, such as medical and dental groups, but it has been far more difficult for people to get into vocational areas in which there are no professional associations.”128

245. The Minister for Housing and Communities told the Committee that the SCQFP report would present a number of options for the future recognition of skills and qualifications in Scotland, and this was currently being considered by Ministers. The report was subsequently published in September 2010.129

Conclusions

246. The Committee is concerned to note that Scotland is being disadvantaged in terms of utilising migrants’ skills and expertise because employers and educational institutions do not accept qualifications obtained abroad. Progression to more highly skilled work is inhibited as a result, and Scotland does not realise the economic benefits that arise from a highly skilled workforce. Scotland, employers and migrants all suffer as a result.

247. The Committee has a great deal of sympathy for those migrants who come to Scotland with skills, expertise and qualifications, only to find that when they seek to put those skills to good use, they are told that their qualifications are not recognised here. They are then put in a position whereby the choices they face include taking on work which does not use their skills and expertise, or taking their skills elsewhere.

248. The Committee therefore welcomes the publication of the scoping study that has been carried out by the Scottish Credit and Qualifications Framework Partnership which presents options for the future recognition of skills and qualifications in Scotland. The Committee recommends that the Scottish Government informs it of the outcome of its consideration of the options proposed in the report, and its timetable and action plan for implementing its preferred option.

249. The Committee also recommends that the Scottish Government should consider the health care academy model being operated by NHS Lothian which enables people to get into employment in the health service, and to inform the Committee of the outcome of its consideration, and whether it would be prepared to provide the funding necessary to expand this service.

The Migration Advisory Committee

250. The Migration Advisory Committee (MAC) advises the UK Government on migration issues. It is a non-statutory, non-time-limited, non-departmental public body, sponsored by the UKBA.

251. The MAC advises the UK Government on where shortages exist in skilled occupations that can be filled by migration from overseas. There are two lists, one for the UK and one for Scotland. The Scottish shortage list was added in an attempt to address Scottish issues.

252. In evidence to the Committee, Phil Taylor of the UKBA noted that the MAC had publicly commented that it has been disappointed by the lack of engagement by employers in Scotland and by a “lack of evidence to support some of the claims that Scotland needs specific skills that are different from those needed in the rest of the UK.”130 He pointed out that because of changing demographics in Scotland arising from an ageing population and a need to grow the population, the UKBA had been approached by employer groups and sectors about Scotland's need to bring in certain skills in specific areas.

253. Mr Taylor said that he had recently met representatives of the oil and gas sector to discuss the proposed UK migration limit and its impact on that industry. It provided an opportunity to say to the industry that they need to highlight these issues to the MAC so that their case is clearly understood.131

254. In relation to the oil and gas sector, the Minister for Housing and Communities added that—

“There is clear concern in the oil and gas sector that the proposed cap on immigration of fairly highly skilled people could be extremely detrimental to progress. The vast bulk of expertise in the sector—in fact, nearly all of it—is outwith the European Economic Area. That is particularly true of expertise in working in and extracting oil and gas from international waters. Even Norway, which is part of the European Economic Area, is not part of the EU.”132

255. The Minister considered that Scottish employers had tended to interface with UK Government agencies through their UK trade associations therefore their engagement is not identified as having come from Scotland. In his view, whilst he recognised there was a need for Scottish employers to engage more with the MAC, and the Scotish Government was working to facilitate such contact, there was also an obligation on the MAC to be proactive with employers in Scotland. He indicated that—

“The MAC should perhaps consider setting up a special committee that is dedicated specifically to considering Scotland.”133

Conclusions

256. The Committee is concerned at the apparent lack of engagement by Scottish employers with the Migration Advisory Committee. Scottish employers must engage in a proactive manner with the MAC. The Committee acknowledges however that Scottish engagement may be being made through UK trade associations, but that this does not necessarily identify Scottish input.

257. The Committee also recognises that the MAC should be proactive too in engaging with Scottish employers. The Committee acknowledges the work that the Scottish Government is doing to improve this interface, but calls on all sides to improve engagement so that the most accurate and up to date information is available to ensure that Scotland is best placed to address skills shortages.

Challenges in providing health services

258. The Committee explored the challenges faced in providing health services for migrants who come to Scotland. In this regard, it held an oral evidence session on 1 June 2010 involving NHS Lothian, the South East Glasgow Health and Care Partnership and the trade union Unison.

259. By way of background, the Overseas Nurses and Care Workers Network said in its written evidence—

“The health sector comprises a large and very complex workforce with more than 150 main professional groups ranging from medical and dental to nurses and doctors. There has been a long history of international recruitment of nurses in the NHS which originates from UK’s imperial history and the British Colonial Nursing Service. In the 1950s severe nurse shortages led to recruitment from the Commonwealth and former colonies which continued until the late 1960s.

The Nursing and Midwifery Council (NMC) provides annual statistics on the number of nurses and midwives on the register. This provides a good indication of trends in the number of overseas (EEA and Non-EEA) nurses registering to practise in the UK. However many overseas nurses are unable to register as nurses and work as Senior Care Workers, care workers and care assistants. In 2007, there were 686,866 nurses on the register. The key source countries have been India and the Philippines.

In the report, Migrant Care Workers in Ageing Societies by Sarah Spencer et al (2009): projected that the potential future demand for foreign born workers in the older adult care sector will increase. The total number of care workers working in this sector can increase from an estimated 642,000 in 2006 to 1,025,000 in 2030.”134

260. Eileen Dinning from Unison told the Committee that the important role of migrant workers in the private health care sector should also be acknowledged.”135

Response to migration patterns

261. According to Dr Dermot Gorman of NHS Lothian, the NHS had responded well to changing migration patterns—

“Since the A8 countries came into the European Union in 2004, the NHS has responded as we would to any group of 80,000 or 100,000 people mostly in their 20s and 30s coming to live in Scotland. They have the health needs that we expect of that group but they also come from a different health and social care background. Those are the two aspects that come into play with that group.”136

We are also ensuring that we provide and apply the same quality of care to our traditional population and the incoming Traveller population, which has traditionally had lower life expectancies even than our next most deprived population.”137

262. In Govanhill, Glasgow, where there is a large EU Roma population, Dr Kevin Fellowes of the SE Glasgow Community Health and Care Partnership told the Committee that there was quite a different burden on health services where migrants—

“Were not robust in looking after themselves or being able to speak up for themselves in a foreign country. They did not always have legitimate employment of accommodation, and were, in many cases, impoverished and destitute.”138

263. Dr Fellowes went on to explain to the Committee the different health needs of asylum seekers—

“Some asylum seekers have been tortured and suffer psychological trauma. A lot of additional work is done in connection with mental health and the preparation of reports on leave to remain in particular.

Anecdotally, there is among the asylum-seeking population a higher number of people with HIV—that is certainly the case in our practice. For the Roma population, medicine and registering with GPs are not always a priority, so we get late bookers for antenatal care and babies with low birth weight. There are environmental issues around infections, such as skin infections, infestation and poor sanitation. There are cases of non-intentional harm, such as children who have fallen out of windows. We hear of children under five who have been left unsupervised by adults. There are problems with older siblings of 11 and 12 looking after younger children. There are incomplete immunisation records. There are some cases of excessive use of alcohol but they are not necessarily noticeable in our area.”

“The biggest problem in our practice is that of people who do not attend appointments. It is not untypical for a large family not to turn up, having booked an afternoon to register with the practice nurse with a translator present. That is a great waste of resource. We think that there are high numbers among that population with learning and physical disability. There are higher numbers of referrals to social work from health staff. Those are the main things.”139

Migrants’ use of health services

264. In terms of migrants use of heath services, Dr Alison McCallum of NHS Lothian told the Committee that, following a needs assessment of people who used accident and emergency services in NHS Lothian, it was found that use by the migrant population was similar to that of the general population. In terms of other health services in Lothian however, she said there was evidence of lower levels of general practice registration and slightly different patterns of health service use and response.140

265. However, Linda Delgado of Unite took a different view in relation to the use of accident and emergency services—

“There is a problem with the inappropriate use of accident and emergency units. That is not exclusive to migrant populations, but they tend to use such units because they have not registered with GPs so they present at A and Es rather than go through the process of being sent to hospital. There is also a problem with late presentation of pregnancies, because women are not aware that they can access antenatal care. They present at eight months - hopefully without any associated problems. There are many problems with the provision of access to health care.”141

266. Local studies show low rates of registration and use of primary care services among migrants and among A8 migrants in particular. For example, research on A8 migrants in Glasgow found that only 58% of respondents had registered with a GP and that only 32% had actually used health services in the city.142 A recent review of evidence by the Scottish Government found that migrants regard themselves as healthy.143 It was suggested however, that this was perhaps to be expected because migrants were on average younger, more likely to be in employment and be without children. However, there are also studies that show migrants’ need for health services increase as they decide to settle and to raise children.144

Communication and cultural understanding

267. It was acknowledged by witnesses that there is a need for cultural understanding in the NHS and an ability to communicate with migrants, many of whom may not speak or understand English. The scale of the challenge was perhaps best highlighted by Dr Kevin Fellowes of the South East Glasgow Health and Care Parnership who told the Committee that in South East Glasgow, 27 different languages are spoken.145

268. Dr McCallum of NHS Lothian acknowledged that there were particular issues in relation to communication and with people not being familiar with the health services that are provided, particularly in primary care. She added—

“There are several flights from our airports to A8 countries, and people can access care in their home country as well as in ours. That presents practical challenges for our staff's understanding and in relation to the different expectations of the migrants as patients and the concepts that they have of their own health.”146

269. It was suggested to the Committee that it was important to recognise that communication issues were not purely about language, but were also about how people access information on services, for example having access to the internet. The availability of information in a range of accessible formats and languages was also seen as vital if migrants are to be able to make use of the NHS. In this regard, the Committee has already acknowledged the NHS produced DVD How to use the health service in Scotland which has been made available in 16 different languages.

270. The Committee was told that the South East Glasgow Health Care Partnership employs two bilingual Roma workers from Slovakia who form a bridge between the community, statutory services and the health service. They have also appointed an EU health visitor team, with one full-time health visitor and two health support workers, one of whom is Slovakian and is bilingual—

“The bilingual workers are probably the most effective at improving access and communication. Conversational language is certainly still a problem with the Slovak Roma locally in GP surgeries, at the dentist and at the pharmacist. It is very difficult when people go in with minor ailments: the pharmacist does not know their entitlement, and are sometimes faced with someone just pointing to a part of their body. Obviously, that is not appropriate. Language is currently the biggest barrier and bilingual workers seem to be the way forward.”147

271. NHS Lothian also employs a number of staff from migrant communities who provide a valuable resource, for example Dr Dermot Gorman told the Committee about work they were doing with the Polish community, involving Polish employees and volunteers—

“A lot of experience is being shared around Scotland through public health networks and health service networks in general. As well as doing needs assessments, we change what we do. We have marketed stop-smoking services heavily to the Polish community and have started two stop-smoking classes in the Polish language. We have appointed Polish staff to work in genito-urinary medicine, which is an area in which demand is quite high, and in maternity care. We are using Polish volunteers in the best buddies support programme for breastfeeding. Breastfeeding rates in the A8 countries are extremely high—much higher than in Scotland. Unfortunately, some Polish mothers might be adopting Scottish tendencies, so we are employing Polish people to help maintain a high breastfeeding rate among Polish mothers. A lot of that learning is shared around the country.”148

272. The Committee is aware that there is a degree of sharing information and good practice going on in the NHS, not only through public health networks and health service networks, but through integrated health and care partnerships as well.

273. The hub approach operating in Govanhill, Glasgow, where a range of services meet and share information, has already been highlighted in this report as an example of good practice. The Committee is also aware of NHS Lothian’s work with partner organisations on drug use and about its work with the Silver Security Group which brings together community leaders from a range of minority communities to talk about how they can work together.149

Review of access to the NHS by foreign nationals

274. The Committee is aware that the UKBA and the UK Department of Health are currently consulting on a review of access to the NHS by foreign nationals.150 In England since 2004, people seeking asylum are exempt from NHS charges while their claim is still outstanding, and any appeal is ongoing. Those whose claims have been refused are chargeable for most treatment that begins after they have been directed to leave the country and their appeals process has been exhausted. The Refugee Council have raised concerns about recent medical cases in England.151 The Committee understands that immediately necessary or urgent treatment may still be provided in advance of payment although a charge must be levied.

275. The proposal being consulted on is to reinstate free secondary healthcare for refused asylum seekers as long as they are in receipt of financial support from the UKBA. The Committee understands that this has been seen as a positive move by health professionals, health bodies and groups supporting destitute asylum seekers as well as legal challenges.

276. The Scottish Refugee Council however has raised concerns that the proposal in England falls short of the situation in Scotland (and now Wales) where all refused asylum seekers are exempt for charging for secondary health care. They include people who—

  • Do not have any protection needs in the UK and should return home.

  • Cannot leave the UK through no fault of their own (e.g. they are stateless and have no country to return to, their government will not provide them with travel documents preventing their return, they are too sick to travel or there is no viable route to return home).

  • Have been in the UK for a long period and have developed strong ties with the UK (e.g. entering relationships and having children).

  • Think it is unsafe for them to return because of armed conflict and repressive regimes. In some cases the UK Government itself recognises that it is not safe for these people to go home even though they have not granted them asylum in the UK (e.g. refused asylum seekers from Zimbabwe who have not been removed since 2005).152

Future impacts of migration

277. Looking to the future impacts of migration on the NHS, it was acknowledged in evidence that with a more settled migrant population, language problems may lessen and cultural understanding should improve. With more migrants being employed in the NHS, this too should improve the NHS’s understanding of migrants’ health issues.

278. However, it was also acknowledged in evidence that there will be new challenges, for example in relation to a more settled migrant population where families are expanding. To illustrate this point, Dr Gorman of NHS Lothian told the Committee that in Lothian, in each of the last two years, 480 children were born to women who were born in Poland, which is around a third of all Scottish births.153

Conclusions

279. The Committee considers that the NHS in Scotland has responded well to migration trends and impacts. However, it appears from the evidence the Committee received, that there are lower levels of general practice registration and slightly different patterns of health service use amongst migrants. The Committee recommends that the Scottish Government should consider this issue further to see what can be done to encourage migrants to register with their general practitioners and to address any issues arising from different patterns of health use.

280. The Committee recognises that the health needs of asylum seekers are complex as a result of their experiences. The Committee acknowledges the good support work being undertaken with asylum seekers in Glasgow by a range of individuals and organisations .154

281. The Committee acknowledges that migration will continue to present challenges to the NHS. It believes, however, that the knowledge base is improving and that there is expertise being built up in areas with larger migrant populations. However, migration affects all areas of the NHS and all areas of Scotland, both urban and rural, therefore the sharing of information and best practice is vital and must be encouraged.

282. The Committee acknowledges and welcomes the important role that migrants play in the NHS and in the private health sector, and believes they will be an important source of advice and help in terms of improving cultural understanding and breaking down language barriers that exist in the provision of health services.

Challenges in providing education services

283. The Committee also explored the challenges faced in providing education services for migrants. In this regard, it held an oral evidence session on 1 June 2010 with representatives from Her Majesty’s Inspectorate of Education (HMIE), the Educational Institute of Scotland (EIS), the Convention of Scottish Local Authorities (COSLA) and Scotland’s Colleges Principals Convention.

284. HMIE also attended the Committee’s initial round-table discussion on 26 January 2010 which led to the Committee agreeing to take forward an inquiry. At this initial meeting, Jane Renton referred the Committee to two relevant HMIE reports that had been published. The first report from 2007 was a joint inspection of services in the Glasgow City Council area and addressed a specific group—the children of asylum seekers in the city.155 The second report, Count Us In: A Sense of Belonging,156 was published in 2008 and looked at how schools and education authorities were meeting the needs of newly arrived children and young people and how schools were dealing with children who have English as an additional language.

285. The report Count Us In: A Sense of Belonging found that almost all education authorities were experiencing unpredictable patterns of migration. It also noted that many class teachers do not feel confident in knowing how best to respond to newly arrived children’s diverse learning needs, and that few authorities have formal approaches and guidance for schools on how best to welcome new arrivals.

Data

286. In terms of planning education services, the need for baseline data on the numbers of migrants in schools and the monitoring of trends is important, but the Committee again found that this is an area where there is a lack of meaningful information.

287. Norma Wright of HMIE told the Committee that it was difficult to track the numbers of migrants in schools and that current tracking systems were not fit for purpose. Jane Renton of HMIE told the Committee that as part of its report on how schools are meeting the needs of children who have English as an additional language, it had sent out questionnaires to all 32 education authorities. It received 27 responses, of which only 9 authorities had been monitoring the numbers of newly arrived children and young people year on year from 2005 to 2008.157

288. Data is also collected by colleges and provided to the Scottish Further Education Funding Council. Linda McTavish of Scotland’s Colleges Principals Convention told the Committee—

“We ask for information on people’s nationalities and they understand why we need it. We use it for statistical purposes, to help people in their language quest, it is not used to tell people that they cannot come to the college because they come from a certain country...the information that we have is shared with the Funding Council under the further education statistics.”158

289. Data is also used to determine additional language needs and the resources that will be needed to address these. Mhoraig Green of COSLA told the Committee that, as far as she was aware, funding decisions were made on the basis of the figures that are presented in the schools census. She considered that this—

“Still seems to be the best source of information from the top down on how many people in Scottish schools might have additional language support needs, although it is limited in this area. The main source of that information is children being asked what is the main language in their homes. From that, it can be ascertained how many children do not speak English as their main language in their homes, but it cannot be ascertained what level of support the individual child needs. They might have very good English or very limited English; the response in the census is only an indicator.”159

290. In terms of the data that is available, according to the 2009 School Pupil Census, there were 138 different languages reported as the main home language in the Scottish school sector.160 The most common after English was Polish followed by Punjabi and Urdu respectively. These were followed by Arabic, Cantonese, French and Gaelic. Polish was the most common main home language after English in 21 authorities, with Punjabi in six authorities.161

291. There were 21,223 pupils identified as having English as an additional language in 2009 and who were not fluent in English (an increase of 2,222 from 2008 data). There were 4,249 who were considered “New to English”. This is an increase of 228 from the 2008 figure. Studies have reported significant increases in demand for EAL support for pupils in primary and secondary schools. Edinburgh City Council estimated the cost of providing EAL support to 50 pupils at approximately £33,000 per year, based on the cost of employing an EAL teacher.162

292. In 2006-2007, there were 33,740 overseas students enrolled at Scottish Higher Education institutions, 21,990 of whom were from outside of the EU. Overseas students account for almost one in six of all students at Scottish higher education institutions. Enrolment data for higher education suggests an upward trend in overseas students’ registrations with increases of almost 100% in number of non EU registrations and 50% in EU registrations in the past five years.163 Aberdeen City Council estimates that the international student population of 5,000 makes an annual contribution of £67 million to the economy in fees and living expenses.164

Planning the curriculum

293. The lack of meaningful data and the unpredictability of migration patterns, makes it difficult for schools and colleges to provide the best possible education services. Schools must be able to plan their curricula as early as possible and to ensure that these are properly resourced. However, there appears to be little advance intelligence available on migration patterns in their areas that would allow them to do this.

294. Bill Ramsay of the EIS explained the challenges many schools face—

“Let us take the example of a primary school teacher at the beginning of term, in August. In the preceding May or June, that teacher will have worked out a development plan for his or her class and the headteacher will have a whole-school development plan that is based on the number and range of pupils. Classes will have been made up by year group. If there are enough pupils for two primary 7 classes, there will be a dialogue between the headteacher and his or her staff to decide who goes into which class. Some time in August or September, some new migrant pupils might arrive, who have also to be fitted in. That creates challenges for resourcing and planning for the school and the individual teacher.”165

295. Mhoraig Green of COSLA added that the impact of a lack of up to date information was also felt by local authorities—

“The message that we get from local authorities is that it is very difficult to respond to migration into classrooms because the situation can change throughout the year. As Bill Ramsay said, the planning is done at one point in the year and decisions about how much resource will be allocated to each local authority and each school are made at one point in the year but, because of the nature of migration into Scotland over the past few years, the school roll can change a number of times over the course of the year, which makes it particularly challenging to plan and deliver services. That comes back to Bill Ramsay's point about the cyclical nature of planning and the fact that resources tend to be allocated at one point in the year.”166

The settling in process

296. Once migrant children start school, there are a number of initiatives and examples of good practice that help them settle in. Veronica Rankin of the EIS told the Committee—

“Good practice includes things such as buddying schemes for migrant children who are matched up with someone. There is also a range of support networks and a lot of work can be done with teachers in school to support such young people. Above all, the anti-racist network that has developed in schools is extremely important. Although there might be support networks, one little comment in the playground can destroy all that work. For unaccompanied children, the multi-agency approach comes into play whereby social work and health care services are identified”.167

297. Jane Renton of HMIE highlighted other areas of good practice—

“There is good practice in some education authorities, which have processes for the induction of newly arrived children and young people when they enrol in school and for finding out about their prior learning and their literacy levels. However, the picture varies hugely throughout the country.

We are trying to share and encourage the adoption of good practice. I brought an example of a particularly good welcome pack. It was prepared by an education authority [(Aberdeenshire Council168 that is taking a lead on ensuring that there is good induction, that schools find out about the child's needs when they enrol, and that their needs are met as their education proceeds.”169

298. The Committee is aware that the HMIE report Count Us In: A Sense of Belonging and websites including those of HMIE and Learning and Teaching Scotland also contain a number of examples of good practice. It understands that staff development packs are also available to inform people how best to prepare for issues that may arise.

Language skills

299. There are two main areas of language tuition. These are EAL (English as an Additional Language) which is available to under 16s, and ESOL (English for Speakers of Other Language) which is available to adults.

300. Provision of EAL tuition is regarded by the Scottish Government as central to achieving key policy goals relating to migration. In particular, language skills assist new migrants to settle, integrate, progress into employment and to become active citizens. One of the largest studies of supply and demand for EAL was carried out in 2004 and pre-dates migration from the A8 countries.

Next

Footnotes:

1 COSLA Strategic Migration Partnership. Myths and Facts. COSLA. Available at:
http://www.asylumscotland.org.uk/asylummythsandfacts.php [Accessed 8 November 2010

2 General Registrar for Scotland. (2010) Scotland’s Population 2009 The Registrar General’s Annual Review of Demographic Trend.
General Registrar for Scotland. Available at:
http://www.gro-scotland.gov.uk/statistics/publications-and-data/annual-report-publications/rgar-2009/index.html

[Accessed 8 November 2010]

3 Scottish Government. (2009) High level summary statistics: population and migration. Scottish Government. Available at:
http://www.gro-scotland.gov.uk/files2/stats/high-level-summary/j11198/j1119800.htm
[Accessed 8 November 2010

4 COSLA. Strategic Migration Partnership Immigration to the UK and Scotland. COSLA. Available at:
http://www.asylumscotland.org.uk/ukimmigration.php
[Accessed 8 November 2010

5 Scottish Refugee Council. (2007) Asylum the facts. Scottish Refugee Council. Available at: http://www.scottishrefugeecouncil.org.uk/assets/0000/0354/Asylum_the_Facts_2007.pdf [Accessed 8 November 2010

6Glasgow City Council. Letter to the Equal Opportunities Committee dated 17 November 2010.

7 Damian Green MP, Minister for Immigration. Letter to Equal Opportunities Committe 19 November 2010.

8 Migrant Helpline. Written submission to the Equal Opportunities Committee.

9 Crown Office and Procurator Fiscal Service. COPFS staff information brief: asylum seekers. Available at: http://www.copfs.gov.uk/Resource/Doc/15023/0000501.pdf [Accessed 8 November 2010

10 Scottish Parliament Information Centre. (2006) Population Ageing. SPICe Briefing 06/93. Available at: http://www.scottish.parliament.uk/business/research/briefings-06/SB06-93.pdf [Accessed 8 November 2010

11 Circular migration is the movement of migrants to-and-fro between their homelands and foreign places of work.

12 Equality and Human Rights Commission. (2009) Room for manoeuvre?. Available at: http://www.equalityhumanrights.com/uploaded_files/room_for_manoeuvre.pdf [Accessed 8 November 2010

13 BBC. (2008) Flexible immigration policy call. Available at: http://news.bbc.co.uk/1/hi/scotland/7295602.stm
[Accessed 8 November 2010

14 UK Government also announced an increase in the number of points required for an initial Tier 1 (General) application, from 95 to 100.

15 Home Office UK Border Agency. Government plans reviews of immigration system. Available at: http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2010/sept/15-govt-plans-review [Accessed 8 November 2010

17 Scottish Government (2006) Progress Report on the Fresh Talent Initiative. Available at: http://www.scotland.gov.uk/Publications/2006/10/19092604/0 [Accessed 8 November 2010

18 Scottish Government (2009) Recent Migration to Scotland: The Evidence Base. Available at: http://www.scotland.gov.uk/Publications/2009/02/23154109/0 [Accessed 8 November 2010

19 Scottish Government. News release immigration discussions (10 November 2009) news release (10 November 2009). Available at: http://www.scotland.gov.uk/News/Releases/2009/11/10085050 [Accessed 8 November 2010

20 Tier 5 is a reference to the points based system, and this tier applies to those who are temporary
workers or those participating in a youth mobility scheme. The latter is a cultural exchange scheme designed to create reciprocal youth mobility opportunities from participating countries and the UK (Australia, Canada, Japan and New Zealand).

21 Scottish Government. News release immigration discussions (10 November 2009) news release (10 November 2009). Available at: http://www.scotland.gov.uk/News/Releases/2009/11/10085050 [Accessed 8 November 2010

22 Scottish Government. (2008) Race equality statement. Available at: http://www.scotland.gov.uk/Topics/People/Equality/18934/RaceEqualityStatement [Accessed 8 November 2010

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25 Scottish Parliament Equal Opportunities Committee. Official Report, 26 January 2010. Col 1425

26See following link for further information: http://www.scotland.gov.uk/Topics/Government/18823/15142
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27 Scottish Parliament Equal Opportunities Committee. Official Report, 28 September 2010. Col 2040.

28 Alex Neil MSP, Minister for Housing and Communities. Letter to the Equal Opportunities Committee dated 8 October 2010.

29 Scottish Parliament Equal Opportunities Committee. Official Report, 18 May 2010. Col 1712.

30 Scottish Parliament Equal Opportunities Committee. Official Report, 21 September 2010. Col 1990.

31 Scottish Parliament Equal Opportunities Committee. Official Report, 21 September 2010. Col 1974.

32 Scottish Parliament Equal Opportunities Committee. Official Report, 26 January 2010. Col 1406.

33 Scottish Parliament Equal Opportunities Committee. Official Report, 21 September 2010. Col 1985.

34 Scottish Parliament Equal Opportunities Committee. Official Report, 26 January 2010. Col 1405.

35 Scottish Parliament Equal Opportunities Committee. Official Report, 26 January 2010. Col 1405.

36 Scottish Parliament Equal Opportunities Committee. Official Report, 21 September 2010. Col 1984.

38 Scottish Parliament Equal Opportunities Committee. Official Report, 21 September 2010. Col 1984.

39 Scottish Parliament Equal Opportunities Committee. Official Report, 28 September 2010. Col 2030.

40 Scottish Parliament Equal Opportunities Committee. Official Report, 28 September 2010. Col 2030.

41 Scottish Parliament Equal Opportunities Committee. Official Report, 7 June 2010. Col 1826.

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50 Overseas Nurses and Care-Workers Network. Written submission to the Equal Opportunities Committee.

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55 Overseas Nurses and Care-Workers Network. Written submission to the Equal Opportunities Committee.

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57 Migrants Rights Network Written submission to the Equal Opportunities Committee.

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65 Scottish Parliament Equal Opportunities Committee. Official Report, 29 June 2010. Col 1891.

66 Scottish Parliament Equal Opportunities Committee. Official Report, 29 June 2010. Col 1893.

67 Positive Action in Housing. Written submission to the Equal Opportunities Committee.

68 Scottish Parliament Equal Opportunities Committee. Official Report, 18 May 2010. Col 1708.

69 ACPOS. Written submission to the Equal Opportunities Committee.

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75 Scottish Parliament Equal Opportunities Committee. Official Report, 28 September 2010. Col 2028.

76 Scottish Parliament Equal Opportunities Committee. Official Report, 29 June 2010. Col 1918.

77 Scottish Parliament Equal Opportunities Committee. Official Report, 29 June 2010. Col 1895.

78 Scottish Parliament Equal Opportunities Committee. Official Report, 29 June 2010. Col 1898.

79 Scottish Parliament Equal Opportunities Committee. Official Report, 29 June 2010. Col 1925.

80 Scottish Parliament Equal Opportunities Committee. Official Report, 29 June 2010. Col 1915.

81 Scottish Parliament Equal Opportunities Committee. Official Report, 29 June 2010. Col 1918.

82 Scottish Parliament Equal Opportunities Committee. Official Report, 29 June 2010. Col 1913.

83 Scottish Parliament Equal Opportunities Committee. Official Report, 29 June 2010. Col 1904.

84 Scottish Parliament Equal Opportunities Committee. Official Report, 18 May 2010. Col 1708.

85 Scottish Parliament Equal Opportunities Committee. Official Report, 29 June 2010. Col 1912.

86 Scottish Parliament Equal Opportunities Committee. Official Report, 29 June 2010. Col 1930.

87 Scottish Parliament Equal Opportunities Committee. Official Report, 18 May 2010. Col 1703.

88 Scottish Parliament Equal Opportunities Committee. Official Report, 26 January 2010. Col 1435.

89 Scottish Parliament Equal Opportunities Committee. Official Report, 18 May 2010. Col 1716.

90 City of Edinburgh Council. Written submission to the Equal Opportunities Committee.

91 Scottish Government. Written submission to the Equal Opportunities Committee.

92 Scottish Parliament Equal Opportunities Committee. Official Report, 28 September 2010. Col 2035.

93 Further information available at:
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94 Scottish Parliament Equal Opportunities Committee. Official Report, 1 June 2010. Col 1784.

95 Scottish Parliament Equal Opportunities Committee. Official Report, 1 June 2010. Col 1791.

96 Scottish Parliament Equal Opportunities Committee. Official Report, 1 June 2010. Col 1772.

97 Scottish Parliament Equal Opportunities Committee. Official Report, 26 January 2010. Col 1438.

98 Scottish Parliament Equal Opportunities Committee. Official Report, 7 June 2010. Col 1814.

99Dundee Partnership. Welcome to Dundee for international workers, students and their families. Available at:
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103 Scottish Parliament Equal Opportunities Committee. Official Report, 7 June 2010. Col 1839.

104 Scottish Parliament Equal Opportunities Committee. Official Report, 18 May 2010. Col 1713.

105Govanhill Law Centre. Written submission to the Equal Opportunities Committee.

106 Govanhill Law Centre. Written submission to the Equal Opportunities Committee.

107 Scottish Parliament Equal Opportunities Committee. Official Report, 18 May 2010. Col 1720.

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109 Scottish Parliament Equal Opportunities Committee. Official Report, 18 May 2010. Col 1725.

110 Scottish Parliament Equal Opportunities Committee. Official Report, 26 January 2010. Col 1408.

111 Scottish Parliament Equal Opportunities Committee. Official Report, 18 May 2010. Col 1731.

112 Scottish Parliament Equal Opportunities Committee. Official Report, 18 May 2010. Col 1733.

113 Further information available at: http://www.bis.gov.uk/policies/employment-matters/eas [Accessed 8 November 2010

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115Scottish Parliament Equal Opportunities Committee. Official Report, 21 September 2010. Col 1993.

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118 Further information available at: http://www.unison-scotland.org.uk/briefings/brief185migrantworkers.pdf
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123 Scottish Parliament Equal Opportunities Committee. Official Report, 1 June 2010. Col 1791.

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125 Scottish Parliament Equal Opportunities Committee. Official Report, 18 May 2010. Col 1721.

126 Scottish Parliament Equal Opportunities Committee. Official Report, 21 September 2010. Col 1995.

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133 Scottish Parliament Equal Opportunities Committee. Official Report, 28 September 2010. Col 2034.

134 Overseas Nurses and Care-Workers Network. Written submission to the Equal Opportunities Committee.

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142 Blake Stevenson (2007) A8 Nationals in Glasgow. http://www.asylumscotland.org.uk/assets/downloads/research/A8NationalsinGlasogwMay2007.pdf
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