NEW MIGRANTS: LINKS BETWEEN RACE RELATIONS AND HOUSING ISSUES Peter Reading Head of European and International Legal Pol

1. 1 This is the opening animation that all CRE presentations begin with. Don�t alter this slide, or change its position in the sequence. Remember to save this document right away, under a new name with a �.ppt� file extension, in the format �Microsoft PowerPoint document�.This is the opening animation that all CRE presentations begin with. Don�t alter this slide, or change its position in the sequence. Remember to save this document right away, under a new name with a �.ppt� file extension, in the format �Microsoft PowerPoint document�.

2. 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. 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. 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 person�s 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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

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