January  2008

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Letter from U.K. | January 2008

 


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INDIAN DOCTORS AND PROFESSIONALS WIN LEGAL BATTLE IN U.K.  

 

LABOUR MP VAZ SAYS BRITISH JOB SLOGAN PROMOTES APARTHEID 

 

A leading NRI Labour Member of Parliament in the UK has criticized Prime Minister Gordon Brown’s slogan “British jobs for British workers,” charging that it amounts to “employment apartheid.”

 

MP Keith Vaz, chairman of the Home Affairs Select Committee, said that Britain’s treaty obligations meant the pledge could not be met and that it was “a false attempt to answer to right-wing propaganda.”

 

Vaz said he was horrified at the rise in “racist comments.” “I am concerned that ideas such as ‘British jobs for British people’ may only serve to worsen this situation,” he said, pointing out that about 800,000 Britons were working abroad, only 300,000 fewer than the estimated 1.1 million migrants employed in this country.

 

Vaz, a former European Minister, set out his criticisms during a Commons debate on immigration policy. “I worry about this statement,” he said, adding “It lacks credible arguments and some have suggested that it appears to amount to little more than employment apartheid.

 

“It assumes that foreign workers are somehow stealing jobs from UK workers, an idea for which there is absolutely no evidence. “It also raises the question—how do you ensure jobs are going to British people and what do you classify as British.

 

 

INDIANS WIN LEGAL BATTLE IN U.K.  

 

In a major victory for the thousands of professionals of Indian origin affected by changes to Britain's immigration rules, the high court on December 14 allowed an application seeking judicial review of the changes. The professionals, who came to Britain under the Highly Skilled Migrants Programme (HSMP), have been protesting for over a year against the November 2006 changes that altered the criteria for continuing in Britain.

Campaigns were launched and demonstrations held here while MPs from several parties called for the changes to be reviewed. The parliamentary Joint Committee on Human Rights, among other bodies, criticized the changes.

During the oral hearing on a judicial review application filed by HSMP Forum, a campaign group, Justice Sullivan said there was evidence of a breach of legitimate expectation and human rights legislation, and allowed the application. The full hearing is expected to take place in two months.

In making the decision, the judge took into account the report of the Joint Committee on Human Rights and a large number of successful appeals by HSMP holders at the Asylum and Immigration Tribunal.

 

Indian doctors on HSMP (Highly Skilled Migrant Program) visas wishing to train or work in Britain won a major court ruling in their favor on November 9, 2007. The High Court’s ruling treating Indian and other international doctors on par with British and European Union doctors for purposes of employment is seen as the first legal rebuff to Prime Minister Gordon Brown’s populist promise of “British jobs for British workers”.  

 

The court case revolved around a challenge to a Health Ministry guidance that would have compelled prospective employers - such as hospitals - to discriminate against non-European candidates, first by establishing that their skills were not found in Europe and then, if selected, to apply for work permits for them.  

 

In a unanimous ruling, three judges of the Appeals Court called the Ministry guidance “illegal,” sparking instant celebrations among campaigners of the British Association of Physicians of Indian Origin (BAPIO) on Diwali day. “This is a great ruling. We are absolutely ecstatic, and feel exuberant,” BAPIO’s Dr. Sheethal Mathew said. “Our doctors from India, Pakistan or Sri Lanka will now be able to compete with European doctors on an equal footing. Employers cannot discriminate against us now,” he said.  

 

The ruling is expected to immediately benefit some 10-15,000 doctors of South Asian origin, who are living in Britain and have been eagerly awaiting the outcome of the case.  

 

However, the campaigners lost a second challenge - against the British government’s abrupt changes to the Highly Skilled Migrant Program last year. The BAPIO challenged the changes on the grounds that their members were not consulted. But Mathew said the BAPIO would not take any further legal action.  

 

Amidst the cheer over the ruling, Indian doctors are also sounding a note of caution. The ruling removes a restriction to employment but they believe that doctors from India wishing to move to Britain should continue to think several times before doing so, for several reasons.  

 

For one, the pool of employable people has grown exponentially due to higher numbers of overseas doctors clearing the mandatory pre-employment tests such as the Professional and Linguistic Assessments Board (PLAB) test.  

 

Secondly, more numbers of British medical graduates are turning out every year due to higher investment in enlarging the student capacity in medical schools in the last 10 years. Many of them find it difficult to gain employment in the NHS.

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