Supplementary memorandum submitted by
the Government
What work programme, agendas, timetables and deadlines
were set for the Gangmaster Coordination Group?
1. As we explained in our Reply to the Select
Committee's report the main forum for coordinating enforcement
operations, including "Operation Gangmaster", remains
the Informal Economy Steering Group chaired by Inland Revenue
(see section 5 of the notes to Annex B). However in recognition
of the inter-relationship between enforcement issues and the development
of policy on labour provider activity in the agriculture sector,
the Informal Economy Steering Group invited Defra in July 2003
to convene a Gangmaster Coordination Group. No specific timetable
or deadlines were set when the group was established.
2. The Gangmaster Coordination Group involves
senior officials from departments with an interest in agricultural
gang labour issues (see section 2 of the notes to Annex B). It
is normally chaired by a Defra official and reports to Defra's
Food and Farming Minister to ensure proper coordination of both
enforcement operations and policy development relevant to agricultural
labour providers. The purpose of the group is to review progress
on all relevant activities and to report to the Food and Farming
Minister at regular intervals.
3. Since the publication of the Select Committee's
report on 18 September the Gangmaster Coordination Group (chaired
each time by Defra except on 19 December when it was chaired by
Cabinet Office) has met on four occasions. Details of the issues
discussed at these meetings and those attending are set out at
Annex A.
What deadlines were set when the evaluation began
for delivery of the report evaluating Operation Gangmaster?
4. Following the initial inquiry by the
EFRA Select Committee into Government activity against illegal
gangmasters in September 2003, Chris Pond requested that a full
evaluation of Operation Gangmaster be completed by 31 March 2004.
A draft of the report was presented to the Informal Economy Steering
Group at their meeting on 22 March 2004. Additional contributions
from other Government Departments will be incorporated into the
final report.
When will a copy of the interim report of the
evaluation of Operation Gangmaster be available?
5. Chris Pond explained to the EFRA Select
Committee on 23 March 2004 that the report of the evaluation of
Operation Gangmaster is being presented to him at the next meeting
of the DWP Fraud Steering Group on 5 April 2004. This report will
be presented to the Committee shortly after this meeting. This
evaluation will then feed into an annual report for 2003-04 which
will include finalised results from all participating departments
up to 31 March 2004.
Details of formal and informal meetings of Ministers
about gangmasters and related issues since September 2003; the
agendas of those meetings; and particularly for information about
meetings related to the incident in Morecambe Bay
6. Details of meetings attended by Ministers
to discuss Gangmasters and related issues since September 2003
are set out below:
— 7 October 2003—Lord Whitty
met representatives of the Ethical Trading Initiative to discuss
the ETI's code of best practice for labour providers, the forthcoming
forum for labour providers (held on 9 October) and the report
of the EFRA Select Committee's inquiry into the activities of
gangmasters.
— 16 October 2003—Beverley Hughes
met Lord Whitty to discuss the immigration matters raised in the
EFRA Select Committee's report on gangmasters.
— 20 October 2003—Telephone call
between Lord Whitty and Chris Pond about the role of DWP in enforcing
and coordinating Gangmaster activity in response to the EFRA Select
Committee report on gangmasters.
— 11 November 2003—Lord Whitty
(Defra) met Beverley Hughes (HO), Dawn Primarolo (HMT), Chris
Pond (DWP) and Gerry Suttcliffe (DTI) to discuss the Government's
response to the EFRA Select Committee report on Gangmasters.
— In January Alun Michael was asked
to take the lead on the Gangmasters Bill in response to Jim Sheridan.
Since then Lord Whitty and Alun Michael have met frequently to
discuss the issue of gangmasters in general and/or Jim Sheridan's
Bill. In particular they had formal meetings on 12 and 13 January
(the latter with Jim Sheridan MP), 2 and 25 February (the latter
with Margaret Beckett) and 22 and 24 March. Lord Whitty and Alun
Michael also discussed the same issues by phone on a variety of
occasions including extended conversations on 16 January and 23
and 24 February.
— Alun Michael also had a number of
informal discussions with several Ministers about Jim Sheridan's
Bill. These include Gerry Sutcliffe (DTI) on 26 January, Chris
Pond on 2 February (by phone), Beverley Hughes on 2 February,
Douglas Alexander (Cabinet Office) on 4 February, Dawn Primarolo
(Treasury) on 6 February and Keith Hill (ODPM) on 6 February.
The Bill was also the subject of correspondence between Margaret
Beckett and Ministers from other Government departments.
— 2 February 2004—Illegal Working
Steering Group chaired by Beverley Hughes and attended by Gerry
Sutcliffe (DTI). The Group provides the main formal mechanism
for consulting employer groups and other key stakeholders, such
as the TUC, CBI, HSE and CRE, in illegal working issues. Information
about the agendas of these meetings are contained in the note
to Annex B.
— 9 February 2004—Chris Pond,
Lord Whitty and Alun Michael met Jim Sheridan MP and other supporters
of his Private Members Bill, including TGWU.
— 12 February 2004—Chris Pond
met Andrew Miller MP and Geraldine Smith MP to discuss DWP involvement
in Operation Gangmaster.
— 25 February 2004—Illegal Working
Steering Group chaired by Beverley Hughes and attended by Gerry
Sutcliffe (DTI).
— 8 March 2004—Lord Whitty and
Alun Michael met Zad Padda and Dr Jennifer Frances to discuss
the code of best practice project for labour providers and the
newly formed Association of Labour Providers.
— 17 March 2004—Gangmasters was
an agenda item at a bilateral between Margaret Beckett and Patricia
Hewitt.
— 18 March 2004—Lord Whitty,
Beverley Hughes and Chris Pond met to discuss the Government's
memorandum which was submitted to the Select Committee on 22 March
2004.
— Gangmasters were discussed at a meeting
with trade unionists attended by Lord Whitty and Alun Michael
on 15 March 2004. Alun Michael also held meetings with the NFU
and TGWU on 24 and 29 March and he met Mark Boleat from the Association
of Labour Providers on 22 March.
— 31 March 2004—Alun Michael
and Chris Pond met a delegation of the Standing Committee for
the Gangmaster Licensing Bill
— Chris Pond receives monthly oral
updates on Operation Gangmaster activity and wider action against
illegal working in the Informal Economy from DWP officials through
the Fraud Steering Group Meetings. These meetings took place on
9 September 2003, 23 October 2003, 18 November 2003, 16 December
2003, 19 January 2004, 10 February 2004 and 8 March 2004. He visited
Cornwall on 23 September 2003 to meet officials who work on Operation
Twin Stem. In addition, Chris Pond had a number of informal contacts
with Members of the House immediately after the tragedy in Morecambe
Bay, but no record was kept of these contacts.
— Lord Whitty has received regular
oral and written progress reports from officials on gangmaster
issues including Operation Gangmaster and the development of the
ETI Code of Best Practice for labour providers. Alun Michael is
holding frequent meetings with his officials on the Private Members
Bill.
— Beverley Hughes received regular
updates on a bi-monthly basis from the Immigration Service on
illegal working enforcement operations. She also received detailed
advice on planned major UKIS operations before they took place,
and reports of the outcomes of such operations. She frequently
met officials to discuss illegal working policy issues.
7. Following the Morecambe Bay tragedy Ben
Bradshaw, Minister for Nature Conservation and Fisheries, had
a number of discussions and meeting about the tragedy with other
Ministers, MPs officials and representatives of external organisations.
The dates of the meetings were as follows:
— 10 February 2004—Mr Bradshaw
met Defra officials.
— 12 February—Mr Bradshaw met
Geraldine Smith MP and Andrew Miller MP with Defra officials in
attendance.
— 17 February—Mr Bradshaw met
Defra officials.
— 24 February—Mr Bradshaw met
Defra officials.
— 24 February—Mr Bradshaw spoke
to Geraldine Smith by telephone.
— 24 February—Mr Bradshaw spoke
to Chris Pond in the margins of a Joint Ministerial Committee
(Europe) meeting.
— 25 February—Mr Bradshaw spoke
with Bill Callaghan, Chair of the Health & Safety Commission,
about whether health and safety law could be used to close Morecambe
Bay.
— 26 February—Mr Bradshaw visited
Morecambe Bay where he met Geraldine Smith MP and representatives
of the North Western and North Wales Sea Fisheries Committee,
Lancaster City Council, Government Office for the North West,
Health & Safety Executive, Bolton Le Sands Parish Council
and Lancaster County Council.
— 26 February—Mr Bradshaw attended
a meeting organised by the North Western and North Wales Sea Fisheries
Committee. Also in attendance were representatives of Bolton Le
Sands Parish Council, DWP, English Nature, Environment Agency,
Fire Service, Health & Safety Executive, Immigration Service,
Inland Revenue, Lancashire County Council, Lancashire Fire Service,
Lancashire Police Authority, Lancaster City Council, Maritime
& Coastguard Agency, Morecambe Bay Partnership, National Asylum
Support Services, North Western and North Wales Sea Fisheries
Committee, Silverdale Parish Council, South Lakeland District
Council and Warton Parish Council.
— Ben Bradshaw also had a number of
informal contacts with members of the House of Commons between
the dates of the Morecambe Bay tragedy and the visit to Morecambe
Bay but no record was kept of these contacts.
8. Beverley Hughes met Geraldine Smith MP
on 12 February. She also had a number of meetings with Immigration
Service officials to discuss the incident.
9. Chris Pond had two conversations with
Alun Michael over the weekend of 7 February to discuss Morecambe
Bay. He also had a conversation with Jack Dromey of the TGWU.
Chris Pond also received an update of the situation at briefing
for oral questions on 9 February and the Fraud Steering Group
on 10 February.
What Government expenditure is provided to support
the work of Operation Gangmaster?
10. The DWP operational activity within
the Informal Economy is funded via a budget of £4.8 million
per year which stems from the Grabiner report into the Informal
Economy published in March 2002. The DWP's direct interest in
Operation Gangmaster for benefit fraud takes an ever-changing
percentage of this budget, dependent on the value of information
received and of the individual operations initiated in concert
with wider Informal Economy compliance activity across the Department.
Organisational chart setting out the responsibilities
of the Illegal Working Steering Group, the Informal Economy Steering
Group and Working Groups, the Gangmaster Coordination Group and
the regional forums of Operation Gangmaster and the relationship
between them
11. This chart is attached at Annex B.
What enforcement activity was undertaken by Home
Office and DWP in the Morecambe Bay and the surrounding area in
relation to cockle-picking during 2003 and up to February 2004?
12. This information is contained at Annex
C.
Examples of other Immigration Service illegal
working enforcement activity
13. This information is contained at Annex
D.
What meetings did Chris Pond hold with the TGWU
about the Jim Sheridan Bill—when were the meetings held
and what was their nature?
14. Chris Pond spoke on the phone to the
TGWU several times during the weekend of 7 February. TGWU were
also present at the meeting on 9 February with Lord Whitty, Alun
Michael and Chris Pond.
What plans does the Inland Revenue have to increase
the size and number of specialist teams over the next few months?
15. The Inland Revenue currently has 18
staff working in the two specialist Labour provider/Gangmaster
teams in Southern and Central England. The Inland Revenue is committed
to tackling the problem vigorously and the government has provided
£5 million over the next three years to create a national
network of specialist teams.
16. From April 2004 an additional 50 staff
will start to tackle non-compliant Labour providers/Gangmasters
and another 20 staff will join them a year later. These will be
front line investigators tackling Corporation Tax, Income Tax
and PAYE irregularities. The teams will be based in regional locations
to ensure local intelligence and information is gathered and acted
upon. They will work closely together and with other government
departments under the umbrella of Operation Gangmaster.
What was the immigration status of those affected
by the Operation Gangmaster enforcement actions where court proceedings
have been concluded?
17. Operation Gangmaster has not resulted
in any immigration-related court proceedings. However, as recent
press reports have shown the Immigration Service has been actively
involved in supporting police investigations resulting in the
prosecution of a number of gangmasters involved in committing
serious immigration and money-laundering offences. In March this
year, two British nationals, two Ukrainians and two Latvians based
in the Cambridgeshire area were found guilty of money-laundering
and using false documents and replica immigration stamps to provide
illegal workers to farms and factories. Their sentences are awaited
on 2 April but the foreign nationals are all likely to be deported
on completion of their sentences. In addition, a British father
and son from Norfolk were found guilty at a separate trial of
facilitation, fraud and forgery offences at Canterbury Crown Court
following a two-year police-led investigation. They have each
been sentenced to seven years imprisonment. Serious criminal investigations
into the activities of two other gangmaster operators based in
Norfolk and Sussex are also ongoing.
What research has been undertaken since September
2003 looking at the size, scope and scale of the problem of illegal
gangmasters?
18. As is explained at paragraphs 3-5 of
the Government's memorandum and during the evidence given by Lord
Whitty on 23 March 2004 Defra and Home Office are evaluating the
tender received for a project to research into the use of seasonal
and casual labour in the agriculture and related food processing
and packaging sectors.
19. Health and Safety Executive is considering
whether to commission a complementary study into specific health
and safety issues related to activity in the Informal Economy.
Defra and HSE are considering whether scope exists for including
the study within the proposed contract for the research described
at Paragraph 18 or whether the study should be undertaken separately
on the basis of information produced by the Defra/Home Office
research.
Question 334 of the transcript of the evidence
session—In relation to paragraph 20 in the memorandum provided
to the Committee, Mr Tipping asked what is the total projected
saving of benefit fraud in the current financial year in general,
and what proportion is £1.1 million of that?
20. The Department for Work and Pensions
does not set an annual target of savings against benefit fraud.
The DWP Public Service Agreement Target 10a aims to reduce loss
due to Fraud and Error for people of working age in Income Support
and Jobseeker's Allowance, with a 33% reduction by March 2004
and 50% by 2006 and in Housing Benefit, with a 25% reduction by
2006. The Department is on track to meet this target. The Government
is committed to a long term real reduction to Fraud and Error
rather than a commitment simply to annual targets.
21. The majority of working age loss is
currently thought to be in the Formal Economy although a small
percentage is certainly due to illegal working in the Informal
Economy. The figure quoted in the memorandum of savings of £1,117,753
in the period April 2003 to January 2004 is due to action against
the employees of labour providers under routine compliance activity
in the labour provider industry, and includes Operation Gangmaster
initiatives. Over the same period the total benefit fraud savings
were £135,750,033. It should be noted that these figures
may be subject to change as results are finalised.
2 April 2004
Annex A
Details of meetings of the Gangmaster
Coordination Group since September 2003
Date | Agenda
| Attendees |
21/10/2003 | 1. Labour provider Code of Best Practice
2. Operation Gangmaster
3. Preparation by DTI of leaflets for Portuguese workers in the UK
4. Outcome of the consultation by Home Office on the requirements of Section 8 of the Asylum and Immigration Act
5. Government response to the report of the EFRA Select Committee
| Officials from Customs & Excise, HSE, Inland Revenue, DTI, Cabinet Office, DWP, Home Office and Defra
|
| 19/12/2003 | 1. Statutory registration scheme—a discussion paper tabled by Defra
2. Jim Sheridan's Private Members Bill
| Officials from Cabinet Office, Defra, DWP, Home Office, HSE, Inland Revenue, DTI, Treasury
|
| 1/3/2004 | 1. Second Reading of Jim Sheridan's Bill
2. Morecambe Bay
3. Labour Provider Code of Best Practice
4. Preparation of the Government's memorandum to the Select Committee
| Officials from Customs & Excise, Inland Revenue, HSE, DTI, Cabinet Office, DWP, Home Office, Treasury and Defra
|
| 18/3/2004 | 1. Update on Jim Sheridan's Bill
2. Enforcement and prosecution of offences under the proposed labour provider licensing scheme
3. Information sharing provisions under the proposed licensing scheme
4. Way forward
| Officials from Customs & Excise, Inland Revenue, HSE, DTI, Cabinet Office, DWP, Home Office, Treasury and Defra
|
| |
|
Annex B (continued)
Explanation of Forums identified on the previous diagram
"The architecture of Government activity against illegal
working in the Informal Economy".
FORUMS
1. Illegal Working Steering Group
(a) The Illegal Working Steering Group was established
in November 2002. The group is chaired by Home Office Minister
of State, and also attended more recently by the DTI Parliamentary
Under Secretary of State. The group's purpose is to discuss the
prevention of illegal working and linked issues and to propose
ideas for tackling illegal working to the Government. Bodies represented
on the group are:
Confederation of British Industries
Trades Union Congress
Health and Safety Executive
Commission for Racial Equality
Government Small Business Service
National Farmers Union
Construction Skills Certification Scheme
Recruitment and Employment Confederation
British Chambers of Commerce
British Hospitality Association
NHS Employment Branch
J Sainsbury
(b) The Group's recent meetings were on 22 October 2003,
2 February2004 and 25 February 2004. The following table summarises
agenda items and main points discussed at these meetings:
Date | Agenda items
| Other business discussed |
25 Oct 03 | Initial feedback from consultation on changes to documents acceptable as evidence of entitlement to work under section 8 of the Asylum and Immigration Act 1996 (the law for employers on preventing illegal working).
| Enforcement and prosecution activity to tackle illegal working;
Legal definition of employer for the purposes of section 8.
|
| 2 Feb 04 | Discussion on methods of disseminating information on changes to section 8 to UK employers;
Revised guidance for employers on preventing illegal working;
Forward work programme of the IWSG (to include research into illegal working and developments in relation to gangmasters).
| Planned changes to section 8;
Mention made of the Private Members' Bill to introduce licensing system for gangmasters, then under consideration by the Government. IWSG agreed to include item on gangmasters in its future programme of work
|
| 25 Feb 04 | EU enlargement and illegal working;
Q&A on the Workers Registration Scheme for nationals of eight accession states;
Finalised strategy for communicating changes to the law on preventing illegal working to employers.
| None. |
2. Gangmaster Co-ordination Group
| | |
(a) The Gangmaster Co-ordination Group was set up following
an invitation by the Informal Economy Steering Group in July 2003
for a specific forum to be established, to discuss policy and
enforcement issues relating to agricultural gangmasters.
(b) The forum is chaired by a Defra official and reports
to the Defra Minister for Food and Farming.
(c) The forum is attended by senior officials from Defra,
the Department for Work and Pensions, The Department for Trade
and Industry, Inland Revenue, Customs and Excise, the Home Office,
the Health & Safety Executive and the Cabinet Office.
3. Regional Gangmaster Fora
(a) The Department for Work and Pensions has the
operational lead for Operation Gangmaster and is responsible for
the regional fora which use intelligence gathered and initiate
new operations under the Operation Gangmaster banner.
(b) There are currently eight fora all of which are chaired
by DWP. In all cases, DWP arrange dates and venues of meetings
(normally quarterly) and provide full secretariat. In effect,
DWP set the agenda, produce minutes, arrange invitations and provide
any other support and advice required. The DWP facilitate but
do not impose operations on each fora. Using intelligence led
approach decisions are taken as to whether a multi agency approach
is the most appropriate response to the information held.
(c) Attendance at the Gangmaster Forums and participation
varies depending upon perceived interest for individual agencies.
However core attendees who are invited to all forums and participate
in most operations are DWP, Inland Revenue, Customs and Excise,
Defra, Department of Trade and Industry, Health and Safety Executive,
Local Authorities, National Asylum Support Service, UK Immigration
Service, National Criminal Intelligence Service and the Police.
4. Fraud Steering Group
(a) Operation Gangmaster is discussed at each meeting
The Fraud Steering Group is a regular monthly meeting held between
the PSC with responsibility for fraud matters. Operation Gangmaster
is a standing item at these meetings.
5. Informal Economy Steering Group
(a) The Informal Economy Steering Group is chaired
by the Inland Revenue and is comprised of officials from Customs,
DWP, Defra and the Home Office. The group was established to implement
the recommendations of Lord Grabiner in his report of March 2000
in tackling illegality in the Informal Economy. The recommendations
of that report have been fully implemented and the group has turned
its attention to other strategic issues and threats within the
Informal Economy. Operation Gangmaster activity is reported to
the Steering Group, which in turn reports, when appropriate, to
their individual Ministers.
6. Informal Economy Working Group
(a) The Informal Economy Working Group is chaired
by Customs & Excise and is attended by IR, DWP, Defra and
Home Office (IND). The Working Group supports the Steering Group
and is concerned with operational issues. In order to do this,
the Working Group regularly reports to the Steering Group.
Annex C
Enforcement activity in and around Morecambe Bay in
relation to cockle picking during 2003 and up to February 2004
BACKGROUND
Cockle gathering is a multi-million pound industry. Commercial
beds of edible cockles are found in the Wash, Thames Estuary,
Morecambe Bay, Dee Estuary and Ribble Estuary in England, the
Bury Inlet South Wales and the Solway Firth Scotland. In 1997
more cockles were landed in Britain than any other mollusc. Although
mechanised methods of gathering are available they have the potential
to over fish the cockle stocks. Some Sea Fisheries Committees
in England and Wales specify the type or design of equipment used
and in some areas hand gathering is the only permitted method.
This applies in Morecambe Bay where hand raking is the method
used to gather the cockles.
In addition to the professional fishermen and women who are
involved in this industry there are significant numbers of other
unskilled gatherers who engage in this activity. Cockle gatherers
are often paid `cash in hand' by the purchasers for each bag of
cockles they collect. The purchasers then sell the cockles on
to professional buyers and processors. This arrangement does not
involve the supply of labour by a gangmaster in the conventional
sense although gangmasters may be instrumental in bringing together
gangs of "self-employed" workers.
Although a permit scheme has recently been introduced by
the North West & North Wales Sea Fisheries Committee to control
the gathering of cockles in Morecambe Bay the exclusion of gatherers
without a permit is not legally enforceable.
DWP OPERATIONS INTO
COCKLE GATHERING
ACTIVITIES[2]
Operation Exodus
— During May and June 2003, allegations were received
that persons in receipt of benefits were working as cockle gatherers
at Pilling Sands in Morecambe Bay. The DWP led a multi agency
operation on the 19 June 2003 to interview the workers as they
left the beds. In addition to the DWP, the agencies involved were
Lancashire Police, HM Customs & Excise (Road fuel Testing
Unit) and the Vehicle Inspectorate. The exercise resulted in 68
persons being interviewed of whom 18 were found to be in receipt
of benefits.
Operation Omega
— In June 2003 the DWP were invited to a meeting
with the Environment Agency to discuss similar problems on the
Dee estuary. As a result on 6/8/03 the DWP led a multi agency
operation on the River Dee estuary. The agencies involved in this
exercise in addition to the DWP were the Merseyside Police, HM
Customs & Excise (Road Fuel Testing unit), DVLA, Vehicle Inspectorate
and UKIS. 420 people were interviewed of whom 76 were found to
be in receipt of benefits. All the persons seen on both this operation
and operation Exodus represented themselves as self-employed cockle
gatherers.
FURTHER ACTION
BY DWP
North Wales Sea Fisheries Committee permit scheme
— 17/11/03 a DWP representative attended a multi
agency meeting in Lancaster organised by the North West and North
Wales Sea Fisheries committee. A police officer seconded to UKIS
also attended. This was a multi agency meeting to discus the implementation
of a permit scheme for cockle gathering for Warton Sands in Morecambe
Bay. DWP asked for copies of permit applications made in order
to identify persons where benefits were in payment.
— Dec 2003-January 2004 details of 750 permit applications
were received and checked. Around 200 were identified as in receipt
of benefits of which around half were in receipt of incapacity
benefit. There were around 35 applications from Chinese. None
of the NINO's provided by the Chinese applicants appeared to be
valid.
— Jan 2004. With the identification of large numbers
of benefit recipients amongst the permit applicants at Morecambe
Bay, DWP put in train plans for a further large scale, multi-agency,
operation to take place in March or April 2004. These plans have
been put on hold following the tragedy on 5 February.
UKIS ACTION IN
MORECAMBE BAY
IN 2003 AND
2004
30 July 2003 Morecambe
— UKIS Liverpool received information from Lancaster
Police regarding 22 Chinese nationals they had encountered on
29 July at a residential address in Morecambe. No arrests were
made.
4/5 August 2003 Morecambe
— 37 Chinese cockle pickers arrested by the police
in Morecambe Bay. Police led activity with UKIS assistance.
23 September 2003 Morecambe
— One Chinese national arrested in Morecambe whilst
travelling with 25 other Chinese males and taken to Fleetwood
Police Station. He stated that he was intending to work as a cockle
picker.
OTHER UKIS ACTIVITY
CONNECTED WITH
COCKLE-PICKING
IN 2003 AND
2004
26 July 2003 Liverpool
— UKIS attended police call out to 17 Chinese nationals
arrested by Merseyside Police.
29 July 2003 Liverpool
— 10 Chinese cockle pickers arrested by Merseyside
Police.
30 July 2003 Gathurst
— Motorway stop on M6 at Gathurst of 17 Chinese
cockle pickers. UKIS attended.
6 August 2003 Wirral
— Operation Omega, a DWP led operation at Thurstaston,
Wirral , targeting cockle pickers working on the River Dee. UKIS
attended. No foreign nationals were encountered on the day and
no one arrested for immigration related offences.
31 August 2003 Skelmersdale
— 13 Chinese nationals found in mini bus during
roadstop by Lancashire Police. Seven arrested.
12 October 2003 Scotland
— 21 Chinese nationals arrested at Crammond Island
by Lothian & Borders Police whilst cockle picking. UKIS attended.
1 January 2004 Morecambe
— A Chinese national was arrested for driving offences.
Taken to property in Morecambe where police found documents relating
to cockle picking.
12 January 2004 Ulverston
— UKIS attended police call out to Ulverston, Barrrow
in Furness resulting from a road traffic accident involving three
Chinese nationals and a Malaysian. They were all on route to Ulverston
beach to work as cocklers.
12 January 2004 M6
— UKIS attended police call out to a vehicle stopped
at a service station on the M6. Chinese nationals encountered
who had been harvesting cockles on Morecambe Bay.
THE MORECAMBE
BAY TRAGEDY
& SUBSEQUENT DWP ACTION
— Lancashire Police contacted DWP officers in the
early hours of 6 February 2004. A DWP investigator attended Morecambe
Bay police station to assist by providing an overview of how the
cockle gathering industry operated and the role of "Gangmasters".
Intelligence held by CFIS relating to Gangmaster activity was
passed to the police and the police were provided with contact
details for persons from other agencies who could potentially
assist with their investigations.
— On 9 February DWP provided the Police with details
from the "Operation Gangmaster" intelligence database
and, later that week an intelligence analyst was provided to assist
the police team with documents and computers taken up in the course
of their enquiries.
— The Health and Safety Executive (HSE) has also
been assisting the police-led investigation and have prepared
some emerging guidelines for safe work in tidal estuaries, in
conjunction with HM Coastguard, the North Western and North Wales
Sea Fisheries Committee, the Shellfish Association and experienced
local fishermen. The guidelines can be viewed on HSE's website
and will be widely distributed to those working in tidal estuaries,
and used as a basis for inspections. This approach is already
underway in Morecambe Bay.
Annex D
IMMIGRATION SERVICE
ENFORCEMENT ACTIVITY
IN 2003
During 2003 the UK Immigration Service reported carrying
out a total of 446 illegal working operations, of which 27 operations
targeted farms and packhouses. It is not possible to confirm whether
gangmaster-supplied labour was involved in all these operations
but, given the nature of the employment, it is likely that the
vast majority of them would have done. These operations resulted
in the detection of 399 illegal migrant workers, of whom 324 were
removed in the immediate aftermath of the operations, causing
inevitable disruption to any gangmasters involved. In addition,
one group of gangmasters involved in these operations are now
the subject of an ongoing investigation with the police where
other serious charges are under consideration. The same group
is due to be summonsed shortly to face 24 counts of employing
an illegal worker under section 8.
SPECIFIC CASE
STUDIES
Some good examples of large-scale operations undertaken by
IND during 2003 include:
Operation New Mexico—This involved an enforcement
operation to a biscuit factory in Surrey in August 2003. There
were 101 arrests in total. Those detected were mainly, Ukrainian,
Lithuanian and Brazilian nationals working in breach of their
conditions or overstayers or deceptive illegal entrants. 75 of
the offenders were removed immediately after the operation and
further removals took place at a later stage as any barriers to
removal were overcome.
Operation Ives—This operation took place at
a flower farm in Sussex in October 2003 to target a gangmaster.
It resulted in the detection and removal of 45 illegal workers,
one person was charged and four others were bailed at the time
pending further enquiries. In addition, over £34,000 was
seized under the Proceeds of Crime Act as the money was linked
to organised crime. As a result of our further enquiries, some
small-scale operations also took place in Yorkshire, Essex and
Hampshire and sufficient evidence has now been gathered to bring
40 summonses for prosecution under section 8. Additional more
serious charges are still being investigated.
Operation Fielding: —This operation involved
a visit to The Conran Bluebird restaurant in London in May 2003.
13 illegal workers were detected of mainly Central and South American
origin. Six were immediately removed and one claimed asylum. The
operation received widespread media coverage in both the press
and television and as a result of our working with the Conran
Group, they have developed stricter recruitment practices.
Operation Sibelius—this involved an enforcement
operation to a farm in Lancashire in May 2003. 56 Brazilian and
Bolivian illegal workers were detected: all of whom were removed.
Operation Pyenix: —this involved an enforcement
operation to a Building site in Hampshire in October 2003. 19
illegal workers including four failed asylum seekers were detected.
They were mainly of Eastern European origin and all were successfully
removed.
Examples of Joint Operations with other government
departments:
Operation Humbug: —From the end of November
2003 until just before Christmas 2003 immigration officers from
Boston assisted DWP fraud investigators from their Agricultural
Investigation Team by conducting joint visits to 14 farms and
packhouses. 121 illegal workers were detected by IS and DWP detected
167 people who were wrongly in receipt of benefits.
Operation King Edward: —this was an IS-led operation
on a potato grower in the Boston area which was based on information
supplied by the DWP's Agricultural Investigation Team who also
took part. 22 illegal migrant workers were detected by UKIS: 20
of whom were removed immediately after the operation. From a DWP
perspective no benefit fraud was uncovered.
Operation Tigermoth: —this was an joint operation
with DWP stopping cars and vans on their way to work in the Southampton
area. 25 illegal workers were detected: 10 of whom were failed
asylum seekers. 14 were removed immediately after the operation
and two new asylum claims were generated. No benefit fraud was
established.
2
Neither Operation Exodus nor Operation Omega were under the "Operation
Gangmaster" umbrella. Both were locally organised and executed
multi-agency operations. Back
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