CONCLUSION
Specific recommendations to tackle discrimination and human rights issues •
For proper Equality Impact Assessments we highlight the need to: (a) Use the statistical evidence that is increasingly available, in order to assess the impact on the different equality groups. (b) Ensure that all data is properly disaggregated, distinguishing, for example, between EEA and non-EEA migrations. (c) Allow consultations with stakeholders to be carried out well in advance of the proposed change in order to enable them to produce evidence from their own work and experience that can add to this in areas where knowledge is lacking (for instance in relation to sexual orientation and disability). (d) Be aware of the likelihood of producing discriminatory proposals if over-reliant on relatively uninformed focus groups or similar methods.
•
The fact that so many highly skilled migrants are working in low-skilled occupations is of concern: it is likely that some of this reflects discrimination in the labour market, which needs further investigation.
•
The ‘personalisation’ of care previously provided by local authorities, voluntary bodies and private providers (which is now increasingly supplied via individual budgets and care workers employed directly in individuals’ homes) needs careful and sensitive monitoring because it may lead to widespread discrimination: liaison on this is needed with the Social Care Institute for Excellence and local government bodies. The situation of irregular migrants both in employment and in other fields, such as education and health, is of great concern and needs further consideration. Exploitation is now recognised as a form of discrimination but, as the law stands, it is likely that this cannot be challenged by individual workers if they have voided their contracts by working irregularly. The use of human rights legislation to challenge extreme exploitation and exclusion may be possible and should be explored.
•
•
•
The recent interest by the courts in health access cases may lead to some revision of rules about formal access. There is a need to ensure that any new guidance fully encompasses the need to provide a non-discriminatory service and one that is consonant with human rights. The needs of migrants should be incorporated into discussions about appropriate and culturally sensitive social and child care provision.
•
Child protection services need to consider effective ways of protecting migrant children that take into account the considerable constraints faced by their parents. It may be necessary to develop resources such as child care specifically for them.
•
Changes in immigration legislation should be actively pursued to take account of the needs of women as mothers (who cannot access child tax credits or other measures designed to help the low paid). 149