A tied vote after the final debate of the current political term meant a backbench politician was only partly successful in her attempts to achieve reforms to the island’s work permit system.
Deputy Beatriz Porée achieved strong support for her proposed review into the feasibility of issuing work permits in the employee’s name instead of their employer, with a 44-0 vote in the States Assembly.
But a second element of the proposition, for Jersey to adopt the internationally recognised “employer pays” principle for the hiring of staff from overseas, faced opposition from some ministers.
The vote on the second part brought a 22-22 result, meaning that this element was lost as a result of the Assembly’s standing order that a proposition is only adopted if a majority of Members are in favour.
Deputy Porée, who chairs the Work Permit Holder Welfare Review Panel, proposed the changes after sitting politician Deputy Philip Ozouf avoided a jail sentence earlier this year after admitting five breaches of the island’s immigration laws relating to the employment of Rwandan nationals at his home and business.
Opening the debate, Deputy Porée described migrant workers as “the cogs that keep the wheels turning” for many businesses in Jersey, doing jobs that native islanders would not step forward to do.
No worker or job-seeker should be charged any fees or costs relating to proposed employment, she argued, saying that such costs should be borne by the potential employer as part of the “privilege” that businesses enjoyed as a result of being able to compete in a global labour market.
“This principle is fundamental to combating exploitation, forced labour and human trafficking,” the Reform Jersey politician said. “Especially among migrant workers who are often forced into ‘debt bondage’ by high recruitment fees.”
Home Affairs Minister Mary Le Hegarat said she could not support the second part of the proposition over the employer pays principle, saying this was a fundamental change that required proper consultation.
There was already a review into modern-day slavery taking place, Deputy Le Hegarat added, and this should be allowed to conclude.
Deputy Raluca Kovacs criticised the Home Affairs Minister over her department’s change-of-mind after working with Deputy Porée over an amendment to the proposition.
“If we can’t even commit to a roadmap to fix a system we know is broken, when will we ever choose fairness over fear?” she asked.
Social Security Minister Lyndsay Feltham said she would vote for both parts of the proposition, in order “to send a clear message about where the Assembly sets the moral bar for employer behaviour”.
Deputy Barbara Ward said she believed it was wrong that migrant workers have contributions for long-term care deducted from their wages, even though it would realistically never be possible to extract any benefit from this.
Concerns about violence against women and girls were expressed by Deputy Montfort Tadier, who said this issue was equally likely to affect female migrant workers as those born in Jersey.
The review of the current work permit policy will include an assessment of the feasibility, implications, and potential benefits and risks of changing the registration process for work permits so that they are held in the name of an employee (and not the employer), whilst maintaining the existing restrictions on migrant workers regarding work permit category and length of stay.
Deputy Porée’s proposition requires the government to publish the review by June of next year, with any necessary legislative or policy changes presented to the States Assembly by December 2027.