The novelty of language tests and the problem of political change

Making promises always causes problems for politicians.

Ed Miliband today made a speech on immigration and integration.

It all sounded good to me, so rather than being the billionth Labour blogger saying how great it all is, I wanted to use the speech as a chance to talk about one of my obsessions – the problems making promises creates for politicians.

One of Ed’s policy proposals is that “we should extend the requirements in many professions for English proficiency to all publicly-funded, public-facing jobs“.

This made me pause, because I remembered when it was Labour policy that all migrants should speak English, so I wondered what had gone wrong.

My first memory of a pledge on English Language for migrants came from Tony Blair’s 2005 Dover speech where he said:

“For those planning to stay longer, we will restrict the right of settlement to skilled workers like doctors, engineers, nurses or teachers and will introduce English language tests for those hoping to settle permanently.”

So my memory was faulty. We’d promised English Language tests for permanent migrants, not all immigrants.

Then I remember Gordon Brown talking about something similar in his 2007 TUC speech, saying:

“Let me add for those who come to Britain to do skilled work we will first require you to learn English, a requirement we are prepared to extend to lower skilled workers as well.”

So a slightly different pledge: All “skilled workers” would be required to learn English.

Finally, I thought we’d said something about Language tests in our 2010 Manifesto.

We briefed the Mail that:

“English tests will be made compulsory for all public sector migrant workers, under manifesto pledges to be announced by Gordon Brown today. All workers in contact with the public  -  such as nurses, community support officers, social workers and call centre staff  -  will have to pass a test to get a job.”

Our manifesto said:

“We know that migrants who are fluent in English are more likely to work and find it easier to integrate. So as well as making our English test harder, we will ensure it is taken by all applicants before they arrive. Local councils and other public services should keep funding for translation services to a minimum.

Many public-sector workers are already required to meet minimum standards of English; we will build on this to ensure that all employees who have contact with the public possess an appropriate level of English language competence.”

You will note, I expect, that this is similar to what Ed mentioned in his speech today.

Now, we didn’t get a chance to implement that last promise, so it was the Tories turn to deal with these issues. Last year, David Cameron got headlines saying that “immigrants should learn English”

Perhaps tellingly, the actual text of the speech was very light on policy pledges in that area, just saying:

“when there have been significant numbers of new people arriving in neighbourhoods … perhaps not able to speak the same language as those living there … on occasions not really wanting or even willing to integrate … that has created a kind of discomfort and disjointedness in some neighbourhoods.”

Then the government implemented changes so that the families of immigrants would also have to pass English language tests. Next year, there will be further changes.

All which tells me two things.

First, actual policy is hard and complicated.

For example, you have tests that the Home Office can apply to prospective migrants. These are mostly non-EU migrants and the tests are about how well you can function in a country as a citizen.

Then you also have tests that employers can demand for their staff. These are usually at a higher level. For example, Social Workers have to reach a certain standard in IELTS tests, roughly C1, while the Home Office test will next year be tightened to the much lower B1. (The various standards are explained here.)

If you extend such testing at proficiency level to all public facing jobs, I’d guess you’d immediately be faced with the question of what language level is appropriate for each job. Is it always C1? Sometimes B2? Can A2 ever be acceptable? Variable?

Finally, there’s the fact that Europe is treated differently. There’s no general language requirement to come here, (obviously) and mutual recognition rules mean that enforcing a language test is complex. For example, the GMC says it probably can’t test all doctors for their language skills, but that employers can and should, but that this cannot be a systemic or discriminatory process and that employers cannot use a "One size fits all" test.

So if you imposed a general rule that all migrants had to reach C1 (like doctors and social workers) to do a particular job, you might well get sued by an EU applicant on the basis that not all UK citizens doing that job reach that standard.

This brings me to my second conclusion: All this policy complexity tends to explain why the rhetoric of English language tests sounds both so clear and so repetitively familiar, while the impact in communities feels comparatively marginal.

Different politicians announce lots of things that are going in the same general direction, but which are subtly different – perhaps to deal with emergent problems and complexities – and the impression left is that they’re repeating what was said before, which implies what they’d said before didn’t work anyway, so why should they be believed now?

It’s an outcomes and process divide. It’s pretty clear what outcomes politicians and the public want: They want all migrants to the UK to have a reasonable command of the English Language.  Further, they want those in public roles to have a better command.

That’s all pretty reasonable – so the politicians keep saying this is their aim, and that they will make changes needed to make it happen. That’s yer Narrative, as we say in policy seminars.

But then the actual doing of it all gets in the way, and it’s horribly complicated and frustrating and difficult, and it takes ages and there are all sorts of exceptions and issues, and it all gets wrapped up in different organisations and tests and conflicting needs.

So then the next guy comes along and says basically the same thing all over again, perhaps attacking the current lot or the last lot for not doing it properly, but it all sounds quite familiar, and then a smartarse like me comes along and says “Pfft, nothing new there, you said that before“, which in turn creates even more pressure to sound new and radical and bold.

The only solution I can think of is to make complexity the new cool.

This article is crossposted from Hopi Sen's blog, where it first appeared

The first pledge on English Language for migrants came from Tony Blair in 2005. Photograph: Getty Images

Hopi Sen is a former head of campaigns at the Parliamentary Labour Party. He blogs at www.hopisen.com.

Photo: André Spicer
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“It’s scary to do it again”: the five-year-old fined £150 for running a lemonade stand

Enforcement officers penalised a child selling home-made lemonade in the street. Her father tells the full story. 

It was a lively Saturday afternoon in east London’s Mile End. Groups of people streamed through residential streets on their way to a music festival in the local park; booming bass could be heard from the surrounding houses.

One five-year-old girl who lived in the area had an idea. She had been to her school’s summer fête recently and looked longingly at the stalls. She loved the idea of setting up her own stall, and today was a good day for it.

“She eventually came round to the idea of selling lemonade,” her father André Spicer tells me. So he and his daughter went to their local shop to buy some lemons. They mixed a few jugs of lemonade, the girl made a fetching A4 sign with some lemons drawn on it – 50p for a small cup, £1 for a large – and they carried a table from home to the end of their road. 

“People suddenly started coming up and buying stuff, pretty quickly, and they were very happy,” Spicer recalls. “People looked overjoyed at this cute little girl on the side of the road – community feel and all that sort of stuff.”

But the heart-warming scene was soon interrupted. After about half an hour of what Spicer describes as “brisk” trade – his daughter’s recipe secret was some mint and a little bit of cucumber, for a “bit of a British touch” – four enforcement officers came striding up to the stand.

Three were in uniform, and one was in plain clothes. One uniformed officer turned the camera on his vest on, and began reciting a legal script at the weeping five-year-old.

“You’re trading without a licence, pursuant to x, y, z act and blah dah dah dah, really going through a script,” Spicer tells me, saying they showed no compassion for his daughter. “This is my job, I’m doing it and that’s it, basically.”

The girl burst into tears the moment they arrived.

“Officials have some degree of intimidation. I’m a grown adult, so I wasn’t super intimidated, but I was a bit shocked,” says Spicer. “But my daughter was intimidated. She started crying straight away.”

As they continued to recite their legalese, her father picked her up to try to comfort her – but that didn’t stop the officers giving her stall a £150 fine and handing them a penalty notice. “TRADING WITHOUT LICENCE,” it screamed.


Picture: André Spicer

“She was crying and repeating, ‘I’ve done a bad thing’,” says Spicer. “As we walked home, I had to try and convince her that it wasn’t her, it wasn’t her fault. It wasn’t her who had done something bad.”

She cried all the way home, and it wasn’t until she watched her favourite film, Brave, that she calmed down. It was then that Spicer suggested next time they would “do it all correctly”, get a permit, and set up another stand.

“No, I don’t want to, it’s a bit scary to do it again,” she replied. Her father hopes that “she’ll be able to get over it”, and that her enterprising spirit will return.

The Council has since apologised and cancelled the fine, and called on its officials to “show common sense and to use their powers sensibly”.

But Spicer felt “there’s a bigger principle here”, and wrote a piece for the Telegraph arguing that children in modern Britain are too restricted.

He would “absolutely” encourage his daughter to set up another stall, and “I’d encourage other people to go and do it as well. It’s a great way to spend a bit of time with the kids in the holidays, and they might learn something.”

A fitting reminder of the great life lesson: when life gives you a fixed penalty notice, make lemonade.

Anoosh Chakelian is senior writer at the New Statesman.