Ed Miliband delivers a speech on the deficit to business leaders on December 11, 2014 in London. Photograph: Getty Images.
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Miliband turns focus to immigration as Labour continues drive to address weaknesses

Labour leader promises a new law banning employers from undercutting workers' wages and conditions by exploiting migrants. 

After his speech last week on the deficit, Ed Miliband will deliver one on immigration today, another issue which Labour acknowledges it needs to improve its standing on. The strategic aim is to address the party's weaknesses now, clearing space to return to its strengths (the NHS and living standards) in the new year. "We're on the pitch on the deficit and on immigration," one aide told me. 

After last week's promise to cut borrowing every year, Miliband will unveil the second of Labour's election pledges. The speech will be made in Great Yarmouth, one of the party's 106 target seats and a three-way fight between themselves, the Tories and Ukip. In the Q&A that follows, Miliband will take questions from an audience of undecided voters. 

The headline announcement is a pledge to pass a new law making it a criminal offence for employers to undercut workers' wages and conditions by exploiting migrants. One strategist described it to me as a "uniquely Labour" approach to the issue with neither the Tories nor Ukip prepared to regulate the labour market in this manner. Miliband will say tomorrow: 

We are serving notice on employers who bring workers here under duress or on false terms and pay them significantly lower wages, with worse terms and conditions.

This new criminal offence will provide protection to everyone. It will help ensure that, when immigrants work here, they do not face exploitation themselves and rogue employers are stopped from undercutting the terms and conditions of everyone else.

The choice at the next election is whether we change our economy to make it work for everyday people or carry on with an approach which means it works only for a privileged few at the top. We can’t do that unless we deal with the undercutting of wages which is made possible by the exploitation of migrant workers.

Neither the Tories nor Ukip will do any of this.

They turn a blind eye to exploitation and undercutting because it is part of the low skill, low wage, fast-buck economy they think Britain needs to succeed.

 We won’t make false promises on immigration, like David Cameron.

And we won’t offer false solutions like Ukip—leaving the European union would be a disaster for jobs, business and families.

Instead, we will offer clear, credible and concrete solutions which help build a country that works for working people again.

To prove that a criminal offence has been committed, evidence would have to be provided that some abuse of power had occurred and that migrants were employed on significantly different terms to local workers. The proposed new law is modelled on one in Germany, where section 233 of the Criminal Code states that employers may not impose "working conditions that are in clear discrepancy to those of other workers performing the same or a similar activity". 

The pledge forms part of a broader plan to bring fairness to the labour market by increasing fines for companies that pay below the minimum wage, closing loopholes in agency worker laws that allow firms to undercut directly-employed staff and banning recruitment agencies from hiring only from abroad. It represents the third leg of what one strategist described as the party's "I-C-E" approach to immigration: Integration (requiring foreign workers to learn English), Contribution (limiting migrants' access to benefits until they have paid in) and Ending Exploitation. 

With these policies, Miliband, who will remind his audience that he is the son of refugees, believes he has found a way to address the issue that is consistent with his values and principles. He is also determined not to commit David Cameron's error of making unachievable promises such as reducing net migration to "tens of thousands" a year. Indeed, Cameron's failure to meet his pledge (having previously invited voters to "kick" the Tories out if he fell short) is one reason why Labour is more confident of fighting on this territory.  

But while most Labour MPs are content with the party's stance on immigration, some believe Miliband remains overly preoccupied with labour market regulation - a traditional cause of the left - to the detriment of more populist issues such as border control. They would like a clearer message around reducing the number of low-skilled migrants and protecting Britain from foreign criminals (policy issues Yvette Cooper raised yesterday). But Miliband's speech is an indication that, for both policy and political reasons, he intends to maintain his focus on the economic dimension of immigration. 

George Eaton is political editor of the New Statesman.

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"We repealed, then forgot": the long shadow of Section 28 homophobia

Why are deeply conservative views about the "promotion" of homosexuality still being reiterated to Scottish school pupils? 

Grim stories of LGBTI children being bullied in school are all too common. But one which emerged over the weekend garnered particular attention - because of the echoes of the infamous Section 28, nearly two decades after it was scrapped.

A 16-year-old pupil of a West Lothian school, who does not wish to be named, told Pink News that staff asked him to remove his small rainbow pride badge because, though they had "no problem" with his sexuality, it was not appropriate to "promote it" in school. It's a blast from the past - the rules against "promoting" homosexuality were repealed in 2000 in Scotland, but the long legacy of Section 28 seems hard to shake off. 

The local authority responsible said in a statement that non-school related badges are not permitted on uniforms, and says it is "committed to equal rights for LGBT people". 

The small badge depicted a rainbow-striped heart, which the pupil said he had brought back from the Edinburgh Pride march the previous weekend. He reportedly "no longer feels comfortable going to school", and said homophobia from staff members felt "much more scar[y] than when I encountered the same from other pupils". 

At a time when four Scottish party leaders are gay, and the new Westminster parliament included a record number of LGBTQ MPs, the political world is making progress in promoting equality. But education, it seems, has not kept up. According to research from LGBT rights campaigners Stonewall, 40 per cent of LGBT pupils across the UK reported being taught nothing about LGBT issues at school. Among trans students, 44 per cent said school staff didn’t know what "trans" even means.

The need for teacher training and curriculum reform is at the top of campaigners' agendas. "We're disappointed but not surprised by this example," says Jordan Daly, the co-founder of Time for Inclusive Education [TIE]. His grassroots campaign focuses on making politicians and wider society aware of the reality LGBTI school students in Scotland face. "We're in schools on a monthly basis, so we know this is by no means an isolated incident." 

Studies have repeatedly shown a startling level of self-harm and mental illness reported by LGBTI school students. Trans students are particularly at risk. In 2015, Daly and colleagues began a tour of schools. Shocking stories included one in which a teacher singled out a trans pupils for ridicule in front of the class. More commonly, though, staff told them the same story: we just don't know what we're allowed to say about gay relationships. 

This is the point, according to Daly - retraining, or rather the lack of it. For some of those teachers trained during the 1980s and 1990s, when Section 28 prevented local authorities from "promoting homosexuality", confusion still reigns about what they can and cannot teach - or even mention in front of their pupils. 

The infamous clause was specific in its homophobia: the "acceptability of homosexuality as a pretended family relationship" could not be mentioned in schools. But it's been 17 years since the clause was repealed in Scotland - indeed, it was one of the very first acts of the new Scottish Parliament (the rest of the UK followed suit three years later). Why are we still hearing this archaic language? 

"We repealed, we clapped and cheered, and then we just forgot," Daly says. After the bitter campaign in Scotland, in which an alliance of churches led by millionaire businessman Brian Souter poured money into "Keeping the Clause", the government was pleased with its victory, which seemed to establish Holyrood as a progressive political space early on in the life of the parliament. But without updating the curriculum or retraining teaching staff, Daly argues, it left a "massive vacuum" of uncertainty. 

The Stonewall research suggests a similar confusion is likely across the UK. Daly doesn't believe the situation in Scotland is notably worse than in England, and disputes the oft-cited allegation that the issue is somehow worse in Scotland's denominational schools. Homophobia may be "wrapped up in the language of religious belief" in certain schools, he says, but it's "just as much of a problem elsewhere. The TIE campaign doesn't have different strategies for different schools." 

After initial disappointments - their thousands-strong petition to change the curriculum was thrown out by parliament in 2016 - the campaign has won the support of leaders such as Nicola Sturgeon and Kezia Dugdale, and recently, the backing of a majority of MSPs. The Scottish government has set up a working group, and promised a national strategy. 

But for Daly, who himself struggled at a young age with his sexuality and society's failure to accept it, the matter remains an urgent one.  At just 21, he can reel off countless painful stories of young LGBTI students - some of which end in tragedy. One of the saddest elements of the story from St Kentigern's is that the pupil claimed his school was the safest place he had to express his identity, because he was not out at home. Perhaps for a gay pupil in ten years time, that will be a guarantee. 

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