NEW MIGRANTS: LINKS BETWEEN RACE RELATIONS AND HOUSING ISSUES

1
NEW MIGRANTS LINKS BETWEEN RACE RELATIONS AND
HOUSING ISSUES Peter Reading Head of European and
International Legal Policy, Commission for Racial
Equality
2
Topics covered by presentation

• The role of the CRE and rationale for its work on
  new migrants
• Possible racial discrimination, victimisation and
  harassment in housing
• The role of the Race Equality Duty and
  integration of new migrants with respect to
  housing

3
The role of the CRE and work on new
migrantsDuties of the CRE

• To work towards the elimination of discrimination
  and harassment
• To promote equality of opportunity and good race
  relations between persons of different racial
  groups
• To keep under review the working of the Race
  Relations Act 1976 (RRA)

4
Why is the CRE working on new migrant issues?1.
Racial groups under the RRA

• Racial discrimination, harassment and
  victimisation are broader concepts than commonly
  viewed
• The RRA protects ALL persons from racial
  discrimination as everyone is from one or several
  racial groups
• Racial group can be defined by a persons
  colour, race, nationality or ethnic or national
  origins this would include Eastern Europeans
  defined by their nationality, national origins
  and possibly ethnic origins
• Discrimination or harassment on racial grounds
  includes the perceived group a person belongs to
  and discrimination by association

5
Why is the CRE working on new migrant issues?2.
Migration Patterns

• Rapid increase in numbers of migrants from the A8
  accession countries between May 2004 and June
  2006 447,000 registered to work under the WRS
• This is dramatically changing the proportion and
  make up of ethnic minority populations,
  particularly in rural areas creating strains on
  resources and possible community tensions

6
Why is the CRE working on new migrant issues? 3.
Racial Discrimination, exploitation and lack of
equal opportunity for new migrants

• Clear evidence from a number of studies of
  exploitation of new migrants particularly in
  employment and linked housing issues
• The CRE has a duty to promote equal
  opportunities many new migrants are on temporary
  contracts and employed by/through employment
  agencies
• Temporary workers (ie non-employees) have no
  rights to claim unfair dismissal, redundancy pay,
  maternity and paternity leave, written statement
  of terms and conditions or sick leave
• Employment agencies exploit in many ways such as
  unreasonable wage deductions and withholding of
  passports and are not required to be licensed
  (except for Gangmasters under the GLA)
• See Anderson A, Ruhs M, Rogaly B, Spencer S
  (2006) Fair Enough? Central and East European
  migrants in low-wage employment in the UK. COMPAS

7
Why is the CRE working on new migrant issues?4.
The Race Equality Duty and Integration

• Since 2001, the vast majority of public
  authorities (43, 000) have a duty to promote race
  equality (race equality duty)
• In all functions and policies they must consider
  the need to
• - eliminate unlawful racial discrimination
• - promote equality of opportunity
• - promote good race relations.
• Includes all housing related functions of local
  authorities such as providing social housing and
  licensing of Households of Multiple Occupation
  (HMOs)
• A core strategy of the CRE is to improve
  integration of ethnic minorities by achieving
  greater equality, and increasing their
  participation in society and interaction between
  different communities

8
Possible racial discrimination, victimisation and
harassment in HousingCRE Evidence

• In 2006, CRE conducted 17 interviews with local
  organisations funded by the CRE (Race Equality
  Councils, law centres and other voluntary bodies)
  to find out key issues facing new migrants
• The most frequently reported exploitation related
  to the provision of poor, over-priced and
  over-crowded accommodation
• Problems included
• - accommodation in HMOs being controlled by
  employers, agencies or gangmasters
• - excessive rents and often linked to excessive
  wage deductions
• - double dependency on employers leaving them
  vulnerable to coercion and fearful to make
  complaints

9
Possible racial discrimination, victimisation and
harassment in HousingThe Race Relations Act

• Direct Discrimination occurs where a person on
  racial grounds treats someone less favourably
  than they treat or would treat other persons not
  of that racial group
• Example An employer deducts more wages for
  providing accommodation for its Polish workers
  than it does or would for British workers
• Harassment occurs where an person on racial
  grounds engages in unwanted conduct that has the
  effect or purpose of violating the dignity of
  that person, or creating an intimidating,
  hostile, degrading or humiliating environment
• Example an employer/landlord requires all its
  Eastern European workers to live in greatly
  overcrowded and squalid accommodation that may
  amount to creating a degrading and humiliating
  environment

10
Possible racial discrimination, victimisation and
harassment in HousingThe Race Relations Act

• Victimisation occurs where a person treats
  someone less favourably than they treat or would
  treat other persons because that person has
  commenced or done some act in connection with
  commencing proceedings.
• Example A Lithuanian living in overcrowded
  accommodation provided by an employer writes to
  the employer claiming they are being racially
  discriminated against and the worker is dismissed
  immediately dismissed

11
Possible racial discrimination, victimisation and
harassment in HousingThe Race Relations Act

• Discrimination in housing it is unlawful for a
  person owning or managing a property to
  discriminate against a person occupying the
  premises in the way they affords access to
  benefits and facilities, or by evicting them or
  subjecting them to any other detriment (section
  21(2) RRA)
• Harassment in housing also unlawful for a person
  owning or managing a property to subject a person
  to harassment (section 21(2A) RRA) (eg
  overcrowded and squalid housing)
• Harassment by Employment Agencies in relation
  the provision of its services it is unlawful for
  employment agencies to harass a person (eg
  threatening eviction of persons if they do not
  agree to deductions of wages relating to
  provision of accommodation)

12
Possible racial discrimination, victimisation and
harassment in HousingHousing Act 2004 and CRE
Statutory Housing Code

• The Housing Act 2004 in relation to any decision
  to grant or refuse a license for HMOs or
  selective licensing area the local housing
  authority MUST have regard to any evidence that
  the person has discriminated unlawfully on
  grounds of sex, colour, race, ethnic or national
  origins or disability in, or in connection with,
  the carrying on of any business sections
  66(2)(b) and 89(2)(b) HA
• The CRE Statutory Code of Practice Race Equality
  in Housing
• Was revised in 2006 and provides guidance on
  what may constitute racial discrimination in
  housing as well as examples of good practice

13
The Race Equality Duty and Integration of New
MigrantsResearch commissioned by CRE

• The reception and integration of new migrant
  communities
• In 2006 the CRE commissioned the Institute for
  Public Policy Research (ippr) to conduct research
  into the reception and integration of new
  migrants in England and Wales key focuses on
  tensions arising from their arrival and
  settlement, lessons from the responses of public
  authorities and how they use their responsibility
  under the RED in their response
• Methodology ten locations with a variety of
  demographics (rural and urban areas), diversity
  (in terms of numbers of ethnic new and settled
  ethnic minorities) and socio-economic situations
  (with different labour market conditions such as
  employment rates)
• Report due to be released within the next week

14
The Race Equality Duty and Integration of New
MigrantsResearch commissioned by CRE

• Involved desk based research, quantitative
  analysis, stakeholder interviews and focus groups
  in
• - Barking and Dagenham (London borough)
• - Birmingham (English city)
• - Crewe (English City)
• - Edinburgh (Scottish City)
• - Perth (Scottish rural area) and
• - South Holland (English rural area).
• Desk based research, quantitative analysis, and
  limited stakeholder interviews in
• - Berwick-upon-Tweed (English rural area)
• - Luton (English city)
• - Slough (English city in greater London area)
• - Sunderland (English city)

15
The Race Equality Duty and Integration of New
MigrantsResearch Findings

• There was a strong relationship between the
  affordability and availability of local housing
  and the extent of concern among research
  participants over impact (real or perceived) of
  new migrants on the housing market
• Where housing availability and affordability were
  low , there was a stronger tendency to associate
  housing pressures with new migrants arrivals
• A number of council representatives and research
  participants expressed concern about social
  effects of HMOs and growing complaints about them
• Note effectiveness of new licensing provisions?

16
The Race Equality Duty and Integration of New
MigrantsResearch Findings

• Misperceptions are one of the key causes of
  hostility and tension around the arrival of new
  migrants and this was often fuelled by a lack of
  accurate information as well as negative media
  coverage.
• Local authorities and public authorities
  generally do not understand the link between the
  Race Equality Duty and new migrants their focus
  is often on established ethnic minorities and
  non-white ethnic minorities

17
The Race Equality Duty and Integration of New
MigrantsSome key recommendations

• Successful integration of new migrants needs to
  be part of a broader process of integration for
  all in society, focusing on interaction and
  participation and equality.
• Central government need to provide clear and
  consistent political leadership on migration and
  provide strong statements on the positive
  socio-economic benefits of migration
• Public authorities need to fulfil their
  obligations under the Race Relations Act. This
  includes assessing how their policies affect race
  relations in the context of new migrants

18
The Race Equality Duty and Integration of New
MigrantsSome key recommendations

• Public authorities need to become more
  transparent in their decision-making procedures,
  particularly in relation to housing and grants,
  in order to eliminate misperceptions of
  preferential treatment for some communities
• Public authorities and local agencies should
  proactively work to better inform local
  communities about the impacts of new migrant
  communities and work more closely with the local
  media to dispel myths and ensure more balanced
  coverage

19
THE FUTURE

• Improving awareness among new migrants and
  organisations of their rights under the RRA
• Testing the law to seek greater protection from
  discrimination and exploitation
• Possible submissions to government to expand
  enforcement powers to prevent exploitation (eg
  licensing of all employment agencies)
• Ensuring that all public authorities use the race
  equality duty to improve integration of new
  migrants in society

20
(No Transcript)