Daffodil harvester stripped of gangmaster licence and accused of using forced labour

A gangmaster, who ran a company based in Cornwall, has been stripped of his licence... more>

Eviction of migrant workers: a police version

A police news release in February contains a statement wrongly giving the impression that help with accommodation was provided for migrant workers evicted from premises in Penzance following the 'Operation Westport' dawn raid in January. The truth is that reported on the blog on Tuesday.

But the release also demonstrates that eviction is not the only possible answer to fire and health conditions:

" Many visits were made to accommodation sites where fire safety and environmental health advice was given. One visit included enabling a health worker to visit a mother and her very young baby on a farm and offer support to her. Compliance checks will be made in the future to those landlords who were given ‘advice’."

Also see Gangmaster Operation: Operation Westport

UPDATE: Migrant workers and FoIA - Penwith's response

Penwith District Council has now responded to my Freedom of Information Act (FoIA) requests for information about the eviction of migrant workers and my separate request for information about the Council's record on responding to FoIA questions.

The Council's response:

The Council is in receipt of three FOI requests from you dated 12 April 2008, asking :-
1 - "Please provide me with all information in the Council's possession relating to the eviction of migrant workers from premises in Penzance on 9 November 2007 and of any other evictions of migrant workers that year"

2- "Over the last 24 months, how many properties have been recorded by the Council where there was a possibility of overcrowding and unsafe conditions within the properties?

What action did the Council take? Please give kind of action and numbers. (For example, 'In 6 cases, a Warning'.)

Where evictions took place, how many of those properties were occupied by migrant workers?"

3 - "How many complaints relating to noise nuisance and litter accumulations have been received by the Council over the past 24 months?

What action did the Council take?

Did any evictions result and, if so, how many of those involved migrant workers?"
The Council is also in receipt of a letter from you dated 12 April 2008, addressed to Mr B Turnbull which was further to Mr Turnbull's answer to your FOI request of 1 March 2008.

In accordance with the Freedom of Information Act, in certain situations, the costs of answering more than one request can be added together or aggregated for the purposes of estimating whether the appropriate limit would be exceeded. It is the Council's opinion that your requests outlined above shall be treated as an aggregated request.

Under the freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004, the Council considers that the cost of complying with your FOI request would be in the region of £1425.00 (estimated at 37 hours to deal with noise nuisance and litter element of request and 20 hours to deal with housing element of request = 57 hours x £25.00 per hour = £1425.00) therefore exceeding the appropriate limit.

You should be advised that a modified request will be given due consideration provided the work involved does not, again exceed the appropriate limit.

Please do not hesitate to contact this office or Barry Turnbull direct if you require any further assistance on this matter or if you wish to discuss what information might be available within a time scale, which does not exceed the appropriate limit.

Please find attached a copy of the Council's FOI complaints procedure and details regarding charging.

Regards

Clare James



I post below the text of the letter sent to Mr Barry Turnbull on April 12.


Mr B Turnbull
Penwith District Council
St Clare
Penzance
Cornwall
TR18 3QW
Your Ref: btu

12 April 2008

Dear Mr Turnbull

Freedom of Information Act 2000 / Environmental Information Regulations 2004

Thank you for your letter dated March 7 2008 in response to my FoIA request of March 1 2008, emailed to me (outside the Act’s 20-business day requirement) on April 8 2008. Please note that the original letter has not been received here.

1) Please provide me with a copy of the authorisation for entry and of the 24 hours notice of intention to enter; if Sec 72, 95 or 233(3) of the Act applied, please supply details.
2) Please tell me the legal reasons why you have not disclosed the Fire Safety Authority’s Report to me. It is clearly in the public interest that such reports are published to help avoid future risk to life or injury relating to fire. Indeed, it would appear irresponsible not to disclose. You will also be aware of your duty under section 16 of the Act.
3) Was there actual overcrowding at the properties and if so by what legal/statutory criteria, if those criteria had been applied? How many occupants were there at each property and how many rooms did the properties have?
4) What were the circumstances of the person accommodated for one night and what happened to him/her subsequently?
5) Please give me the legal reasoning for your refusal to tell me the addresses raided. If it is a public interest reason, tell me the criteria used. The addresses are known to the occupants of the premises, witnesses, and support groups and to others in the community. In those circumstances, your claim that the addresses are confidential to the Council appears irrational. It is difficult for members of the public to exercise their right to scrutinise the actions of public officials when those officials keep essential information secret.


I am happy to receive the requested information in hard copy or electronic format and to inspect documents on site.

If my request is denied in whole or in part, I ask that you justify all deletions by reference to specific exemptions of the Act. I will also expect you to release all non-exempt material. I reserve the right to appeal your decision to withhold any information or to charge excessive fees.

I understand that it is your responsibility to provide the information I require and that I do not have to specify particular files or documents.

Please respond within the 20 business days as outlined in the Act.

Migrant workers evicted by Penwith Council were told, 'Sorry, the Housing Department is closed this afternoon'

Twenty-two Polish migrants evicted from premises in Penzance in January in 'Operation Westport,' were told by Penwith's Housing Department that the department was closed on Wednesday afternoons and that there was no help available, sources have told The St Ivean. The source added that on other occasions assistance offered by Penwith was just a list of unaffordable accommodation addresses.

The source, who has close connections with the migrant community in Cornwall, said that some of the properties closed down by Penwith in the past needed to be closed. But the source was shocked at the way in which the operation was carried out.

It is understood that in the past Penwith has suggested that temporary hostel accommodation might be provided for such situations, but so far nothing has come of the idea.

The St Ivean has learned that at a soon to be held meeting of groups charged with the welfare of migrant workers, it will be strongly argued that the methods of any future 'Operation Westports' need to change.

The St Ivean believes that the Council is wrong in its belief that it has no duty in law to house homeless migrant workers from the A8 accession states which include Poland.

Freedom of Information: more questions for Penwith District Council about migrant workers

I have asked Penwith District Council more questions under the Freedom of Information Act 2000, relating to migrant workers and a question about the Council's record on replying to FoIA requests for information. These can be seen at WhatDoTheyKnow?

I have followed-up Penwith's reply to my questions of March 1 with a letter to Penwith's Mr B Turnbull. The full text of that letter will be posted on the blog soon.

Migrant workers: The FoIA request and reply

I have now received Penwith's response, which I now post here, to my FoIA request for information about the eviction of Polish migrant workers from premises in Penzance earlier this year. Comment will follow.

The Freedom of Information Request

The Chief Executive
Penzance District Council
St Clare
Penzance
Cornwall
TR18 3QW

1 March 2008

Dear Mr McKenna

I write with a request for information under the Freedom of Information Act regarding the eviction in February this year of migrant workers from premises in Penzance by Council officers and others.

(1) Please tell me under what legislation (Sections, etc) the Council acted.
(2) Please tell me the precise circumstances (i.e. the nature of the overcrowding and risks to life or injury) at the raided premises; and why those circumstances required the immediate ejection of the tenants into the street.
(3) Please tell me what enquiries the Council made prior to the raid to contact the landlord and/or tenants to establish the facts; and what notices were given.
(4) Please tell me the precise nature of the advice given by the eviction team to the evicted tenants, how many were subsequently accommodated by the Council, and for how long.
(5) Please tell me the addresses raided.

I very much welcome public statements by Council officers that they are concerned with others in the county for the welfare of migrants.

I look forward to hearing from you soon.

The Reply:



Your Ref :
My Ref: btu
Ask For: Mr B Turnbull
Direct Dial: 01736 336634
Email: barry.turnbull@penwith.gov.uk
Date: 07 March 2008


Dear Mr Bland

Freedom of Information Act 2000

I write in response to your letter received 03 March 2008.

1. Council officers acted under sections 4 and 239 of the Housing Act 2004

2. Two properties were visited and inspected under warrant. Conditions of risk to life or injury relating to fire safety were enforced by the Fire Safety Authority, so therefore I cannot comment on this under this request. Conditions of overcrowding were found at both premises inspected, however as Fire Safety Officers were serving formal notice to prohibit the use of the premises for occupation, no action under the Housing Health and Safety Rating System was deemed necessary.

3. Council were made aware of the possibility of overcrowding and unsafe conditions within the properties through information gathered from Environmental Protection (from complaints from members of the public in respect of noise nuisance and refuse accumulations), Devon and Cornwall Police and support organisations who were approached by the occupants of the houses directly.

4. All occupiers were interviewed by a Polish translator working for the support organisation mentions in 3. above, who then liaised with the Councils Housing Advice team; the advice given was under Outcome 2 of the Councils 2025 Vision, which is published on the Council website www.penwith.gov.uk., which applies to all residing in Penwith. The outcome of the interviews was that one person was placed into temporary accommodation by the Council for one night; all others were either
accommodated by the landlord or by the employment agency from whom the property was rented.

5. The addresses of the properties inspected under Operation Westport are and will remain confidential to Penwith District Council.

I trust that this answers your request.


Yours sincerely



B Turnbull
Environmental Health Co-ordinator (Housing)

Migrant workers: Penwith misses FOIA deadline

Penwith District Council has failed to respond within the statutory 20-working day limit to my Freedom of Information Act (FOIA) request for information about the eviction of Polish migrant workers from premises in Penzance earlier this year. The deadline for a reply was last Tuesday, April 1.

The Council has now been considering my request for five weeks. No explanation has been offered by the Council for the delay.

As this is a request for information about a very recent matter, one would expect all relevant documents to be readily available.

I have told Clare James, Penwith's Information Management and Licensing Officer, of my concern at the Council's failure to carry out its statutory duty and asked to see the Council's complaints handling policy.

The evictions and the manner in which they were carried out is of concern to individuals and to the community. It is in the public interest that there should be full and transparent disclosure of all the facts.

I expect to soon lodge another FOIA request to the Council for information about at least one other case involving the eviction of migrant workers from premises in Penzance.

Migrant workers and Andrew George MP

Andrew George MP has replied to The St Ivean's
recent post, So, where are all the progressives?

He comments:
"What I am able to say is that I was one of those MPs who was instrumental in setting up the Gangmaster Licensing Authority, have taken up and supported many cases on behalf of migrants and migrant workers, and importantly, respect my duty to protect the confidentiality of the individuals who bring casework to me."

What is puzzling about this statement is its implication that because one has a duty to respect confidentiality in individual cases, it's therefore impossible to engage in public debates about the general issues raised by those individual cases. But Mr George cannot possibly mean that because it's obvious nonsense. So what does he mean?

Of course, one must respect confidentiality. The St Ivean, too, does not make use of information obtained under conditions of confidentiality.

But public debate of the issues is also essential.

If The St Ivean had not challenged Penwith over the eviction of migrant workers, the Council would not have been challenged at all. (Except, perhaps, for the reported comment of a witness to the eviction who Mr Allan Hampshire contrived, in his letter to the Cornishman newspaper of March 13, to airbrush from the scene).

The St Ivean welcomes and applauds any work Mr George has done on behalf of migrant workers and their families. But Penwith has still to answer key questions about the eviction of Polish migrant workers in Penzance. The St Ivean believes that our MP should be urging the Council to answer those questions - and there are good reasons why he should be doing it publicly.

Migrant workers: key questions remain

So far the local media has not reported The St Ivean's reply to Allan Hampshire's letter in the Cornishman newspaper of March 13 defending Operation Westport, the eviction of Polish migrant workers from houses in Penzance.

There are five questions:

1) Were the evictions at all stages lawful?
2) Were there children among the evicted and, if so, how were they accommodated and for how long?
3) What precisely were the conditions at the premises?
4) Did those conditions leave the Council with no alternative but to eject the tenants onto the streets?
5) What consideration was given to the effect of the evictions on community relations?

Until we have clear answers to the above, the questioning will go on.

Dawn still too dark

The blogger mudhook makes a considered contribution to the migrant worker debate:

Back to the ejection of the migrant workers in Penzance. Penwith council has set out its arguments in a letter to the Cornishman, a local newspaper, and the blog The St Ivean, which first challenged these events, has counter-replied.

I still don’t know clearly what happened, the sequence of events, whether this was the only way as Penwith council suggests, or whether there was a better way as The St Ivean suggests. We need more knowledge to be able to judge. Half a story, which is what we have at present, is not good enough... more

So, where are all the progressives?

The eviction of Polish migrant workers from premises in Penzance is one of those issues that tests the mettle of progressives. It concerns matters of fundamental human rights, of decency, of concern and support for the vulnerable, and of solidarity.

For progressive politicians it throws down the gauntlet of the challenge of supporting a cause that is probably a vote loser. So it calls for some political courage.

Which brings us to Mr Andrew George MP and Mr Dick Cole.(The St Ivean will turn to the Labour and Tory parties at a later date). Mr George "believes it is his role to seek out the silent voices." Well, you can't get much more silent than a Polish migrant worker with limited English and being ejected onto the streets of Penzance.

There are three reasons why Mr George might be expected to be championing this cause. As a Liberal/radical/progressive (he has been heard to claim all three descriptions); as a member of a party that believes in the EU and the free movement of workers etc; and as a member of an oppressed minority (his view, not ours). Only two weeks ago he was calling for a Cornwall public holiday.

Which brings us dreckly to Mebyon Kernow's leader, Mr Dick Cole. MK, "is a party of principle, campaigning for a better deal for Cornwall and a fairer, more equitable World." The party exists "to fight for ALL the people of Cornwall". Whether that includes Polish migrant workers in Penzance is doubtful but, if not, surprising for a party carrying the banner of an oppressed minority (again, their view, not ours).

Although, if anyone can show The St Ivean the last time MK had anything to say remotely touching the life of the man or woman on the Penzance omnibus, they will receive as a reward a lifetime's supply of pasties (fanciful constitutional proposals not allowed, but a real bread-and-butter issue like The St Ivean's recent suggestion for discounted fares for people living in Cornwall on income support, is certainly allowed).

Of course, it's always possible that Mr George and Mr Cole have been discreetly doing their bit to represent the migrants. If so, they should share it with us. This is an issue not just for today but for a future when we can expect to have a sizeable minority of migrants living permanently amongst us.

This is an issue both men should be publicly embracing. They should state their position now. The fact that they are not so doing raises serious doubts about their progressive credentials.

Migrant workers: Mr Hampshire has made the case for an independent inquiry

Suppose you believe that the house next to yours - perhaps a B&B - is overcrowded and possibly a fire hazard. There's also been noise from the house and some refuse has been dumped outside. So you complain to Penwith District Council. A few days later you are awakened at dawn by a commotion next door and you see council and fire-brigade officers ejecting the holidaymakers with their suitcases onto the street.

Incredible? Yes, until, that is, you replace 'holidaymakers' with 'migrant workers'.

Two days ago, Penwith's Head of housing, health and community safety, Allan Hampshire, in a letter to the Cornishman, replied to The St Ivean's criticism of Operation Westport which in late January/February evicted some Polish migrant workers from premises in Penzance:

1) The letter does not now offer a defence of the appropriateness of the dawn raid to establish the number of tenants.

2) The letter's account of the advice offered to the street homeless migrants is at variance with that given by Katrina Islam, Penwith's housing advice co-ordinator; and what does 'to initiate the accommodation issues' mean in any language?

3) We are told that the property 'was clearly overcrowded under the statutory Housing Health and Safety Rating System' (HHSRS). There is a formal scoring system within HHSRS to calculate hazards. Was this a high-scoring Category 1? Where is the evidence that the Council gave proper consideration - as it should do under HHSRS - to how easy it would be to re-house the displaced occupants?

4) What were the 'substantial failures' under the Housing in Multiple Occupation (HMO) Management Regulations? What were the 'other issues found within the premises'? Why is 'noise and refuse' now being mentioned?

5) We are told that the 'action was proportional to the risk to life' but we are not given the detail of the risk. Presumably we are not just talking about the absence of smoke alarms. Note, also, the absence here or elsewhere in Mr Hampshire's letter of any suggestion that the risk to life was imminent or immediate - the only conditions that could possibly justify peremptory eviction.

6) Why are no clear answers given to questions about Notices and enquiries prior to the raid?

Under the Freedom of Information Act 2000, The St Ivean has asked the Council for more information about the evictions.

Allan Hampshire tells us that MIGWAG (the Migrant Worker Action Group) first became aware of the property. One of MIGWAG's objectives is the improvement of accommodation for migrant workers. An Audit Commission report cites a case study in Kerrier where an early morning inspection led to improvements being made to the accommodation.

Mr Hampshire is of course right when he says that to place vulnerable migrant workers into unsafe accommodation is wrong. It is equally wrong to eject those same vulnerable workers onto the streets of Penzance on a winter morning. And that is fact not emotion.

We do not expect responsible public officials to use the methods associated with exploitative gangmasters and landlords - the methods Mr Hampshire calls 'robust action'.

The central point is a simple one. Whatever the conditions at a property where there are vulnerable tenants, you do not behave in the way Mr Hampshire and his team behaved.

Allan Hampshire's letter is evasive, sometimes obscure, selective in the questions it chooses to answer and disingenuous. It undermines any confidence the public might still have in the Council's ability to objectively address the real issues. It conclusively makes the case for the need for an independent inquiry.

Migrant workers: the full text of Penwith's reply to The St Ivean

The full text of Allan Hampshire's letter in yesterday's Cornishman replying to The St Ivean's questions about the eviction of migrant workers from premises in Penzance (post below) can be seen here (pdf).

Penwith replies to migrant worker questions

Penwith District Council has now responded to The St Ivean's questions about the eviction of Polish migrant workers in Penzance reported in the Cornishman newspaper on February 14. The St Ivean's questions also appeared in the Cornishman's letters page on February 21.

Penwith's response is a letter (and below) published in today's Cornishman from Penwith's Head of housing, health and community safety, Allan Hampshire.


'Further to the report published on February 14 and the subsequent letter published on February 21, regarding the recent closure of properties used for the accommodation of migrant workers under Operation Westport, which commenced on January 28, 2008, I write to clarify the following points: This was a joint operation between numerous agencies (the Gangmaster Licensing Authority, Devon and Cornwall Police, VOSPA, the Fire Service, Cornwall County Council, Penwith and Kerrier District Councils and Stonham Home);

Fire safety officers actually closed the properties under their Regulatory Reform (Fire Safety) Order 2005, although Penwith District Council sought and served the Warrants to Enter the properties under the Housing Act 2004;

The property concerned was clearly overcrowded under the statutory Housing Health and Safety Rating System assessment for that hazard.

There was also a substantial failure under Housing in Multiple Occupation (HMO) Management Regulations, made under the Housing Act 2004, for other issues found within the premises;

One of the grounds for obtaining a Warrant to Enter is that service of a notice of intent to enter negates the purpose of entry;

The Prohibition by Fire Safety was not served until later afternoon; the owner may have been requiring vacation of the property prior to this, not fire safety, who were taking the enforcement action, and certainly not Penwith District Council;

A Polish translator/support worker was on site at the time of the visits to mitigate language problems and to initiate the accommodation issues through our on-call dedicated housing advice duty officer;

Where two properties were closed under fire safety legislation as part of Operation Westport, accommodation was provided by the respective landlord for the displaced tenants;

The property came to the attention of the Migrant Worker Action Group (MIGWAG) through the same Stonham support worker doing outreach sessions in Penzance and being approached by the tenants, who were concerned at the standard of accommodation they were paying for. The council was also aware of the property through complaints of noise and refuse;

The displaced tenants sought alternative accommodation from the employment agency (who organised the lease of the property) so there was no need for housing advice intervention in this instance, despite it being offered;

Placing vulnerable migrant workers into overcrowded, unsafe accommodation and overcharging them for the privilege is perhaps treating them more like criminals than taking robust enforcement action which deals with their safety;

Only migrant workers were living inside the property at the time of entry; the alleged witness to the incident who claims to be "ashamed to be English" is a mystery in this case.

Penwith District Council supports the action of our fire safety colleagues in response to an unsafe situation; the action was proportional to the risk to life had the occupants remained in occupation.

It is unfortunate that the emotive press coverage of the subject and subsequent correspondence has diverted public attention away from the real issues, and the fundamental reason why initiatives like Operation Westport are essential.

It is unacceptable to migrant workers in West Cornwall, and the actions of the Fire Service and Penwith District Council, with other partners, were a proactive approach to improve the quality of housing, ensure landlords are aware of their responsibilities and seek to prevent the potential loss of life from overcrowded homes with little or no fire precautions.'

Mr Hampshire's letter is being studied by The St Ivean and a reply will appear here soon.

On March 1 The St Ivean asked Penwith's Chief Executive Jim McKenna questions under the Freedom of Information Act 2000 about the evictions. Under the terms of the Act, the Council must respond by April 1.

Penwith quizzed on migrant workers

Penwith District Council's Chief Executive Jim McKenna has been asked to respond to questions from The St Ivean about the eviction last month of migrant workers from premises in Penzance. The questions were asked under the Freedom of Information Act.

Eviction of migrant workers - Penwith must answer charge of discrimination

There has been no response from Penwith District Council to the questions raised here last week by The St Ivean and in the Cornishman's letter columns about the eviction of Polish migrant workers in Penzance.
Most councils would want to quickly refute any charge of discrimination. And there is no doubt that The St Ivean has raised serious questions about Penwith's policy and method of eviction. The St Ivean will now in the next few days put those questions directly to Penwith. There is a case to answer.

Exploitation of migrant workers

Some of the migrant workers labouring on West Cornwall's daffodil and vegetable farms are not being paid the minimum wage.

That's just one of the findings made by the Gangmasters Licensing Authority (GLA) following a recent multi-agency investigation which has uncovered the different ways the workers have been exploited by some gangmasters.Operation Westport looked at the working and living conditions of migrant workers in West Cornwall.

A total of nine licensed gangmasters were found to be violating standards imposed by the GLA.

The gangmasters were supplying hundreds of mainly Polish, Lithuanian, Latvian and Bulgarian workers to pick daffodils and vegetables... more>

Migrant labour conditions checked

Police and local authorities are carrying out visits to farms in Cornwall to check on conditions being offered to migrant workers.
As many as 50,000 people from other European states now live and work in the South West.
A survey of 500 employers in Cornwall revealed a large proportion rely heavily on migrant workers.

Penzance Job Centre said 74% claimed their firms would suffer or shut down completely without migrant labour... more>

Migrant Workers Campaign UPDATE

Support The St Ivean's campaign for an independent inquiry into the eviction by Penwith District Council of migrant workers in Penzance.

A version of Tuesday's post appeared in yesterday's Cornishman

Only a BNP supporter could condone this policy

The St Ivean has learned that not one but three properties were the target of Penwith District Council's dawn raid on Polish migrants (yesterday's post).

What we should not overlook in this shameful affair is that the men and women being turned into the street at dawn are workers. And as Katrina Islam, Penwith's housing advice co-ordinator, was quick to point out, "People from the new European A8 countries, like Poland, need to have been working for 12 months here and be properly registered before we can consider them [for housing]."

Putting people out into the street at dawn may also have the effect of putting them out of work. It's not at all easy to turn up at your place of work in such circumstances, or if you suddenly find yourself living on the streets. So a migrant's whole existence is undermined. (Incidentally, if Mr Turnbull, Penwith's senior environmental health officer, is really serious about counting migrants on dawn raids, he should consider getting out of bed a little earlier. Given the work most migrants do, they are likely to be off out to work at 7 am).

As the blogger mudhook points out, A Polish Dawn, it's difficult to reconcile being ejected on to the streets after a dawn raid as somehow protecting one's welfare.

Only a dedicated British National Party supporter could condone this policy.