Memorandum submitted by Equity
INTRODUCTION
1. Equity, the trade union representing
37,000 actors, performers and other creative professionals working
in the UK.
2. Equity has been working closely with the Home
Office and a number of interested parties as part of the Arts
& Entertainment Taskforce to develop a migration regime which
meets the government's broad objectives, but is sensitive to the
needs of our particular sector.
3. In carrying out this detailed work it we have
sought to emphasise the need to ensure that the new system can
function in a way that supports the continued prosperity of some
if the UK's most important creative industries and those who work
in them.
4. However, at present Equity remains concerned
that the new migration regime will not provide enough protection
for the domestic workforce and could leave overseas workers open
to exploitation.
BACKGROUND
5. While it creates significant challenges,
immigration has an overwhelmingly positive impact on our economy
and the cultural life of the UK. Migrant workers often bring valuable
skills to the UK, but can also be vulnerable to exploitation.
6. Equity believes that migrant workers in the
entertainment industry should have the opportunity to come to
the UK, but they must be properly protected with decent working
conditions and employment rights being enforced.
7. That is part of the reason why we are
alarmed at changes being introduced by the Home Office as part
of its new points-based system for visa applications, which will
affect all workers coming to the UK from outside the EU.
KEY POINTS
8. The new system proposes a flexible structure
that will allow employers in entertainment to sponsor anyone from
outside the EU to work for them in the UK, so long as it is for
less than 1 year (known as Tier 5 under the new structure).
9. While Tier 5 was designed as a providing a
route for temporary work it should be noted that in entertainment
95% of the work done is on short contracts of less than a year.
Therefore, in the sector, it will provide a route to nearly all
types of available work without the same checks and balances that
currently exist.
10. The changes will also mean that the
vast majority of employers in entertainment will be allowed to
bring in non-European performers without being required to demonstrate
that they will pay the worker at standard industry rates, or investigate
whether they could appoint someone from the UK labour force.
11. As part of our discussions with the
Home Office, Equity has argued that employers should continue
to have an obligation to meet minimum standards and seek to advertise
jobs to the UK (unless the migrant has a particular status or
skill). This should be accompanied by proper monitoring and enforcement,
which is transparent and backed up by appropriate IT systems.
12. At the moment a worker coming to the
UK from outside the EU will require a work permit. Part of the
process of that permit being issued includes Work Permits UK (the
Government agency) consulting with third parties like Equity,
to ensure that precisely those sort of safeguards are in place.
13. In most cases the unions will not object.
It is often in our interests for performers from overseas to be
part of a film or theatre production. It can increase audience
attendance and attract new audiences, as well as create work for
our members in the UK.
14. But in a minority of cases there is
abuse by employers, so it helps if a third party is consulted.
For example, Equity has been able to advise immigration officials
where an employer has sought to exploit Indian performers, by
bringing them to the UK on inferior contracts and conditions.
15. Under the new system it appears that
such safeguards will not exist. This lack of consultation means
vulnerable workers coming to the UK will not have the same level
of protection.
16. It could also mean that work opportunities
for British performers are even more limited. Already, two-thirds
of Equity members are not working in the entertainment industry
on any given day.
17. The ability to bring in non-EU performers
on inferior conditions could make this even worse—with no
protection against under-cutting and exploitation of vulnerable
workers and fewer work opportunities. This is likely to affect
black and Asian performers from the UK particularly badly.
18. Finally, this new system has undermined
the important bilateral agreement in theatre between the UK and
the USA. This agreement is managed by Equity and its sister union
in the USA. In practice it means that the unions will support
an equal number of work permits for performers coming to work
in the UK and going to work in the US—without them being
internationally known.
19. This mechanism for managing the work
of mid-range performers in the world centres of theatre has meant
that British performers have the opportunity to be part of major
productions on Broadway, without being major stars—and American
performers have been able to work in the West End of London in
numbers that are fair and balanced. It is therefore vital that
this is able to continue, to prevent damage the UK theatre industry
and limit its ability of to take productions to Broadway.
PROPOSED SOLUTIONS
20. Therefore we are especially concerned
that the changes proposed could be:
— Damaging for UK performers and producers
wanting to work in the USA.
21. Consequently we have been working with
the Home Office to ensure that the new system can continue to
protect vulnerable workers from the UK and from outside the EU—and
support the reciprocal arrangement that balances work opportunities
for British and American talent.
22. The unions and employers have put forward
a workable solution to the Home Office, which builds on the principle
of having formal "codes of practice", which address
some of the resident labour market issues and the incorporate
the best elements of the existing system. These are proposed in
especially vulnerable areas of the entertainment workforce (theatre,
film & TV and dance).
23. However, despite assurances from the
Home Office that it is committed to imposing resident labour market
tests and "codes of practice" to safeguard British talent
and appropriate terms and conditions, it is unclear how these
will be monitored and enforced. A proposal to ensure compliance
was put forward by the employers and unions as part of the Arts
and Entertainment Taskforce, but no response has been forthcoming
on key issues relating to compliance.
24. It is also unclear whether these codes
will apply to migrants across Tier 2 and Tier 5. This is also
an important factor for migrants under Tier 2, many of whom will
find the points requirement and earnings threshold (of £40,000)
to be easily reached, but should still face a firm and clear labour
market test that is properly enforced.
25. As a result of the lack of clarity on
resident labour market testing we are extremely concerned at the
implications of employers being able to determine who they bring
in from outside the EU and on what terms—without the current
level of scrutiny from Home Office officials or expert third parties
in the industry.
CONCLUSION
26. Equity is pleased to have the opportunity
to contribute to the Committee's inquiry into this area and hopes
that the Committee will consider the points made—particularly
in relation to the need to provide proper support for resident
labour market testing and process of scrutiny to protect against
abuse.
27. We would welcome the opportunity to provide
further evidence to the Select Committee on this issue. As the
representative organisation of actors, singers, comedians, and
other creative contributors we believe that we could provide a
valuable perspective on the inquiry.
July 2008
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