vegetables – Cabot Institute for the Environment blog

Seasonal Worker visa route encounters problems

Posted on February 27, 2023March 3, 2023 by amanda.woodman-hardy

Radio 4 interview with Dr Lydia Medland

Following the Home Office revocation of the license of one of the seasonal agricultural worker recruitment operators, Dr Lydia Medland spoke to BBC farming today on 20th February 2023 about the scheme (listen here).

The UK Seasonal Worker visa route allows workers to come from around the world to work for up to six months. There are (or were) seven ‘operators’ of the scheme. These are licenced by the government as the recruiters and sponsors of the workers and are responsible for both enforcement of the scheme requirements, particularly ensuring that workers go home at the end of their stay, and for worker protection.

The UK has had some form of seasonal worker migration scheme since the end of World War II, but the current scheme dates from 2019, when following Brexit, EU workers no longer had access to the UK labour market, and UK fruit and vegetable growers and food producers had to look elsewhere to fill seasonal labour vacancies.

At the end of 2021, Dr Medland and Dr Scott (University of Gloucestershire) wrote a briefing outlining problems in the design of the scheme recommending major changes including a guaranteed minimum income, and for workers to have full access to public services.

In her interview with Radio 4 on 20th February Dr Medland spoke of her concerns that the same companies are responsible for ensuring workers’ return as are responsible for preventing their exploitation, saying that with ‘…outsourcing to for-profit businesses of this dual very important role, it isn’t surprising that something has gone wrong, I think the UK should go back to the drawing board on this scheme.’ Academic research has found (see for example Costello and Freedland, 2014) that where there is an interaction between protection of workers and enforcement of migration law, the enforcement role takes precedence. This leaves workers vulnerable to exploitation because they fear the same organisations and laws that are also meant to protect them.

Radio 4 put these comments to the Home Office who said, ‘The seasonal workers route has been running for three years and each year there have been improvements.’ However, the increasing scrutiny of the scheme by researchers, NGOs and journalists may be having some impact because on 23rd February 2023 Mark Spencer, the Farming Minister announced that Seasonal Workers coming to the UK on the scheme would be guaranteed 32 hours a week of work. This is in response to reports that workers are returning in debt because of there is less work than originally expected.

Whilst the Seasonal Workers visa route is no longer officially a ‘pilot’ it has only been renewed until the end of 2024 and it remains open to significant review. This policy is part of the focus of the ‘Working for 5 a day’ project because seasonal migrant workers are a vital part of the labour force that ensures consumers have access to fruit and vegetables. We will continue to follow this policy development and its changing context.

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This blog was written by and has been reposted with kind permission from Cabot Institute for the Environment member Dr Lydia Medland. View the original blog.

A ‘fresh’ start: Exploring the social dimensions of the food systems that supply Bristol

Posted on October 22, 2020April 4, 2023 by janet.crompton

A chard seedling attempting to grow on Lydia’s patio garden

For many years now, I have been researching work in food production ‘out there’: beyond the reach of a day trip and in languages that are not my own. I found the Moroccan tomato so interesting that I wrote a thesis on it. Now though, I want to know what’s occurring closer to home. What of the food produced in the UK? Who is working in the fields? Who is taking the risk that the supermarkets will buy their produce or not? Who is footing the bill, personally, socially, emotionally, for keeping the food coming into cities despite Covid 19, and despite Brexit? After farm work was recognised as ‘essential’ during the pandemic, have workers gained status, or simply more health and safety challenges?

It is to these questions that I am now turning. I want to know who is working to feed Bristol and how they are getting on. More specifically, I want to know about fruit and veg; that food group that we all eat. Vegan, vegetarian, meat eater or flexitarian; we all eat some fruit and veg. Even if it is highly processed into a form with higher ‘added value’: perhaps a smoothie or the filling in a pre-prepared lasagne. What’s more, the UK government want us to eat a specific quantity: five portions a day. Scientists also estimate that if everyone in the UK ate these recommended portions, then our average carbon emissions would go down because fruit and veg have, in many (but not all) ways, a lower impact on ecosystems than other food groups.

How workers and farmers are getting on isn’t just important in its own right, but it also affects food security overall. This is particularly so in regards to exactly those foods which we need more of in this stressful, challenging climate, when it is all too easy to reach for the beer, or the chocolate or the ice cream. Not that I want to get into the business of identifying good and bad foods, they all feed us. Nevertheless, dealing with the coronavirus epidemic and the news that obesity is a major risk factor in suffering badly from the virus, brings fruit and veg into the policy arena again. In the new plan to tackle growing rates of obesity, adverts for fast food will be curtailed before 9pm and there will be a ban on ‘buy one get one free’ offers on sugary and fatty foods, with new encouragement for shops to promote fruit and vegetables. Yet while the focus is on consumers and their needs, the availability of fresh ingredients for this pro-health recipe goes unquestioned. OK, apples do grow on trees, but they must still be picked.

Some people will have seen other news stories. Of crops rotting in the fields last autumn, of seasonal workers flown to the UK from Romania and Bulgaria in the middle of a pandemic, working when everyone else is asked to stay at home. Putting their own lives at risk when white collar workers are ushered inside. More stories, of a lack of seasonal workers and of British workers signing up when for a long time such work has fallen disproportionately to migrant and European workers [1]. These stories alter as we draw back from the pandemic and its outbreaks, through Brexit, and prior to Brexit. Yet the question of who feeds us and how, at what costs and taking on what risks, remains for many of us, out of sight and out of mind.

So this is my new project, and I start this week. In my kitchen, because we’re in a pandemic and that’s where I have a garden table standing in as a desk. I do want to reach out though. So, if you are, or know a farmer or worker in this sector, please get in touch, I would love to listen to your experiences and your challenges. Or even come and see them. I’ve taken flights and chased questions about food to places that look like they will produce answers, simply through their seductive difference to my own normality. Now I am interested in the everyday difficulties in the details faced by farmers and workers in the UK. I’m not looking for heroes and villains, but simply for people who work in the food system.

To be specific, my project focuses on the conventional (not organic) side of the sector. This is simply because it feeds the majority of our country and the city I live in. That could be those who produce vegetables that end up in packaging branded with union jacks, but which otherwise, are just normal. Just simple apples, or tomatoes, or cucumbers, with lots of plastic and stickers, or none at all. I want to consider conventional scale production as close to home as possible and marvel at its successes, struggles and contradictions. Considering ONS data and recent analysis we can observe that only 1-2% of workers in the UK works in agriculture, yet nearly 50% of food consumed in the UK is produced here [2]. How is this done? At what cost? Who is helping and making sacrifices so that the apples keep coming and the carrots arrive fresh and looking perfect.

1. See, Scott, S. (2013), Labour, Migration and the Spatial Fix: Evidence from the UK Food Industry. Antipode, 45: 1090-1109. doi:10.1111/anti.12023

2. The estimate depends on the interpretation of data and could be considered as much as 60%, see, Lang, T. (2020). Feeding Britain: Our Food Problems and what to Do about Them. Pelican. p., 26

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This blog was written by Cabot Institute for the Environment member Dr Lydia Medland, it was originally published on her blog Eating Research and has been re-published here with her permission. Lydia has a Postdoctoral Fellowship from the British Academy to research food systems in the UK.

Dr Lydia Medland

Watermelon work

Posted on February 27, 2018April 4, 2023 by janet.crompton

Did you eat any melon over Christmas? Or a strawberry? Have you seen a watermelon since the summer, maybe cut up in pieces in a boxed-up plastic ready-to-eat fruit salad? If so, that will help you relate to the dilemma for Spanish farmers and the workers they employ that I wrote about in an article called Misconceiving ‘seasons’ in global food systems, the case of the EU Seasonal Workers Directive published in the European Law Journal [1].

In this journal article, I essentially analyse a law, a European Law, but one that now governs the conditions under which seasonal workers from outside the EU can come to Europe to work in agriculture (and other ‘seasonal’ sectors) [2]. It also outlines their rights while they are here, making it both labour law and migration law [3]. This is brought together in an attempt to meet the needs across Europe for workers that pick the counter-seasonal crops such as strawberries, raspberries, melons and watermelons, as well as those summer vegetable crops that I have written about in the past.

A central theme in my work is about the disconnections of modern food production. But it is also about work. Labour, work, people, people who move, people who stay still. You can’t have workers without people. We are, and they are, one and the same. Yet law after law, country after country, policy after policy attempts to do just this by limiting the rights of workers when they come to host countries to work. The EU Seasonal Workers Directive is a recent version of this attempt to disconnect the rights and needs of people who migrate to work, from their status as workers.

Although the UK played a large role in its negotiation, they ultimately opted out of its adoption, and then, as we know, opted out of the EU altogether. Yet, this doesn’t mean that the influence of this directive stops at the UK border. The workers that pick many of our out of season crops in countries such as Spain and Italy, are governed by it. Furthermore, the UK is looking for options post-Brexit for how to govern seasonal work by migrant workers and this could give an insightful suggestion of what that might look like. This blog then, brings out a few elements of the article, which looks at the directive from the lens of a case study in Southern Spain: where our watermelons come from.

The farmers that I interviewed in Southern Spain work within the law. They ensure that they produce to the highest health and safety regulations, that they are registered, and work with certified exporters. These exporters (sometimes called co-operatives because they began as farmer cooperatives) then do an extensive quality selection in which they throw away much of the fruit and vegetables which do not meet the standards that you, your mum or your Grandparents might want for your year-round desert of prepared fruit salad.

Due to the very low wages and hard working conditions, not many people want to work picking these fruit and vegetables. The labour market is therefore dominated by migrant workers who have fewer language and transferable skills to find better paid and easier work elsewhere. Most people have all the legal requirements to work. However, for various reasons, the most vulnerable do not. They may not been in the EU long enough to regularise their status, they may not have employers to support them in doing this, their papers may have been rejected, they may not have had the money or the contacts to get a visa, they may have escaped distressing situations, made arduous (planned or unplanned) journeys towards the EU, some may also be refugees. In any case, these individuals also suffer from the need to work in order to live, and are some of the most vulnerable in the labour market. Furthermore, farmers generally do not want to hire them because they risk a €10,000 minimum fine if they are caught employing workers who do not have legal permission to work. So what happens?

The European Union want to solve the seasonal need for fruit pickers by offering temporary visas for people to come for a few months at a time to European countries (where most of your strawberries, tomatoes and watermelons are produced). In theory this is a model of carrot and stick – the carrot, the incentive, for prospective workers in countries like Morocco or the Ukraine is the temporary visa. I will ignore in this short blog the contradictions of the idea of ‘circular’ migration although I’ve covered this in the article. In short, it is not as advantageous as it seems at first glance. The main ‘stick’ or disincentive is increased border control that has been happening in the same context as the development of this directive, and the increased marginalisation of undocumented migrant workers who are already within the European Union but who are not given any options under this new directive.

Although this may sound logical, the EU Seasonal Workers Directive, in fact, is created in a context of false divisions and it therefore creates several more problems. Firstly, as we have explored, seasonal agriculture, in a context of intensive production, follows the time periods of when you like to eat melon, as opposed to when melon (etc.) is naturally in season. That means more than a few months of the year. So farmers like workers who are already in the country, who they can hire in person and work with over a steady period of time, building daily working relationships with.

Under temporary work schemes such as the EU Seasonal Workers Directive, migrant workers have reduced rights, therefore facilitating the creation of a legally mandated second-class tiered labour force. Temporary workers are also highly vulnerable to falling outside of the terms of their visa. Such seasonal work visas link their visa permission to their employers, something that makes them highly dependent on them and vulnerable to abuse [4].

Finally, seasonal migration is simply a form of temporary migration, aimed at avoiding the creation of a long term ethnic community in the host country. Historically, wherever host countries have attempted to invite ‘guest workers’ yet avoid settlement of migrant workers, this has failed. So the EU here, is criticised as still wanting to import ‘labour’ and not ‘people’ [5].

Let’s return to the watermelons and the farmer who intends to play it by the book. Unfortunately, this famer’s ultimate buyer doesn’t care much for the rule book. What they care about is ensuring that you get your summer fruits, cheaply, regardless of the season and regardless of who picks it and how protected they are or not. So the farmer is placed into a very difficult position which seems to sum up the tensions between our year round demand for cheap food and the just-in-time immediacy and demands that this puts on the people that produce it. A small farmer in Southern Spain described the situation in this way:

Once they were going to come [the export cooperative], we were arguing about the watermelons, whether we should pick them or not and in the end they said to me; “alright, this afternoon we pick them” and I said, “this afternoon I don’t have any workers” and they said; “either we come and get them this afternoon or we don’t come”. So I said, “Well, come” and when they come to pick the watermelons, I need a lot of workers, four people, and so I say, “where am I going to find those people? I can’t get…” so I went to the garage in El Ejido and there were four Africans just there.
[cited in 1].

The ‘watermelon dilemma’ of this farmer therefore demonstrates the final reason why the EU Seasonal Workers Directive, and other similar laws ultimately do not answer the problem of seasonal work: much seasonal work does not require workers for three or five or nine months, but a couple of days. In small scale production, you could perhaps ask family to help, but not on this scale. In these ‘enclaves of production’ at the European border, where everything is orientated so that it can provide cheap food to Tescos, Waitrose or your local greengrocer, the most vulnerable workers will always be needed to take this work. If they need the scarce work they can get without papers, while this work exists, they will probably be ready to take it. Yet the EU regulators prefer to simply ignore these watermelon pickers. By not offering them a route to legality this work will also condemn them to ongoing poverty and precariousness. In the process of drafting the EU Seasonal Workers Directive, an option was proposed to allow such migrants to apply for a seasonal workers visa (which would be fitting as they are the real ‘seasonal’ workers), yet this was rejected, leaving the watermelon pickers in an ever more precarious situation, dependant on the ever more scarce and desperate farmers whose lack of profits push them to take the risk to hire the people in most need of work.

There are many problems with this directive. However, in my opinion, the biggest problem that it represents, is the disconnection. This is the disconnection between a society that is happy to eat cheap food but that does not want to accommodate the workers that produce it with the same rights as they enjoy. Should the UK come up with similar legislation in the upcoming years we should be very careful indeed to pay attention to the underlying assumptions and disconnections and their impacts on the people that might come to do seasonal (or un-seasonal) work and on those who are already here doing it. In the meantime, this directive is up for revision in 2019.

References

1. Medland L (2017) Misconceiving ‘seasons’ in global food systems: The case of the EU
Seasonal Workers Directive. European Law Journal, 23(3-4), pp.157-171.

2. European Union (2014) Directive 2014/36/EU on the conditions of entry and stay of third-country nationals for the purpose of employment as seasonal workers. Official Journal of the European Union L 94/375.

3. Fudge J and Olsson PH (2014) The EU Seasonal Workers Directive: When Immigration Controls Meet Labour Rights. European Journal of Migration and Law 16(4): 439-466.

4. Rijken C (2015) Legal Approaches to Combating the Exploitation of Third-Country National Seasonal Workers. International Journal of Comparative Labour Law and Industrial Relations 31(4): 431-451.

5. Zoeteweij-Turhan M.H (2017) The Seasonal Workers Directive: ‘… but some are more equal than others’. European Labour Law Journal, 8(1), pp.28-44.

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This blog was written by Cabot Institute member Lydia Medland, it was originally published on her blog Eating Research and has been re-published here with her permission. Lydia is a PhD student at the School of Sociology, Politics and International Studies at the University of Bristol. Her research looks at the Global Political Economy.

Lydia Medland

Read Lydia’s other blog: Olive oil production in Morocco: So many questions.