The Secretary of State for the Home Department (Mrs Theresa May)
I beg to move, That the Bill be now read a Second time.
In few other crimes are human beings used as commodities for the personal gain of others as they are in the appalling crime of modern slavery. Men, women and children, British and foreign nationals of all ages are forced, tricked and coerced into a horrendous life of servitude and abuse: women forced into prostitution, raped repeatedly, and denied their liberty; children groomed and sexually exploited for profit; vulnerable men conned into brutal and inhumane work in fields, in factories and on fishing vessels; people forced into a life of crime; and some people even made to work as servants in people’s homes. Throughout, there are accounts of sexual violence, beatings, humiliation, hunger and mental torture.
This crime is taking place, hidden from view, across Britain today. That it is taking place is an affront not just to those it affects, but to the collective human dignity of all of us. Modern slavery has no place in Britain, and like many people in this House and beyond, I want to see it consigned to history. But if we are to stamp it out, we must ensure that the police and the courts have the powers they need to bring the perpetrators to justice. More arrests and more prosecutions will mean more traffickers and slave drivers behind bars, but importantly, it will also mean more victims released from slavery and more prevented from ever entering it in the first place.
The Bill, the first of its kind in Europe, will ensure that we can effectively prosecute perpetrators, properly punish offenders and help prevent more crimes from taking place. Most crucially, it will enhance protection and support for the victims of these dreadful crimes. Tackling modern slavery will require more than legislation alone. I have always been clear that it will take a determined and focused law enforcement response, greater awareness among front-line professionals, co-ordinated police action internationally, close working with business and support from communities, charities and all faiths. But by passing a Modern Slavery Bill in this Parliament, we can take an important step along this road.
I will turn shortly to the specifics of the Bill, but in introducing it I want to pay tribute to all those who have campaigned tirelessly to bring this largely hidden crime out into the light. I want to thank the Centre for Social Justice, whose authoritative report “It Happens Here”, laid bare the plight of modern slavery victims in the UK. Members of Parliament on both sides of the House have helped bring forward evidence to support action, whether through the all-party parliamentary group or the pre-legislative scrutiny Committee or by asking questions in the House. I am enormously grateful for their valuable contribution. In particular, I thank the right hon. Member for Birkenhead (Mr Field) for his unsparing dedication to the issue.
Jim Sheridan (Paisley and Renfrewshire North) (Lab)
I am 100% behind the right hon. Lady. We talk about preventing the exploitation of workers, and the Gangmasters Licensing Authority, which I brought in through a private Member’s Bill, has done an excellent job and proved itself. Does she have any intention of extending the GLA to other sectors of industry?
Mrs May
The Gangmasters Licensing Authority has indeed done a very good job and I want to see how we can build on the work that it has done. As a first step, we have brought the GLA from the auspices of the Department for Environment, Food and Rural Affairs into the Home Office to work alongside those who are working on the issue of modern slavery. We will be looking at a number of aspects of enforcement which relate to modern slavery, and looking at the GLA will be part of the work that we are doing.
Chris Bryant (Rhondda) (Lab)
Of course, I support the Bill, but I want to ask the Home Secretary about a specific instance, which over the past 20 or 30 years has provided some of the worst cases of slavery in this country—namely, people who have come to this country as a domestic employee with an international employer. That is why we introduced the domestic workers visa, which the Government have abolished. Will the right hon. Lady reconsider? That gave a tiny chink of freedom—an opportunity for people to get out of slavery and go to work for another employer.
Mrs May
I recognise the point that the right hon. Gentleman makes. It is a point that has come up in some of the deliberations of the Committee that has been looking into the matter, and it is a point that I have looked at seriously. There is a judgment to be made here. By definition, if somebody is in slavery, the chance of their being able to get out of slavery to go to work for another employer is pretty limited, if not non-existent. In changing the way that the visa operated, one of the things we did was to try to ensure that there was a proper contract between the employer and the individual who was being employed, but I recognise that this is an issue. I suspect that it will be subject to greater debate and discussion as the Bill goes through the various stages in this House and another place.
Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
As the Home Secretary knows, we strongly support the legislation, but on that point, I understand that in its research the charity Kalayaan found that since the visas were changed, 60% of those on the new domestic workers visa were paid no salary at all, compared with 14% on the original visa. That is a worrying increase since the visa change. Has the right hon. Lady looked at that research?
Mrs May
Yes, we have been looking in detail at the research that has been undertaken. We have taken the issue and the points that have been made seriously. I suspect that this aspect will be subject to further, more detailed discussion as the Bill goes through its various stages in this House and another place. The number of people who were identified by the charity—which, by definition, can only look at those who come to it—is fairly small. We need measures that will protect those who are being brought in as overseas workers and will not open up some other avenue for people to be brought in. We need to enable people to work properly for an employer, not effectively be placed in modern slavery.
We all have the same aim. The question is which regulatory track makes most sense. I continue to believe that the current arrangement is the right one. I am sure that it will be subject to considerable discussion as the Bill goes through its various stages.
Mr Jim Cunningham (Coventry South) (Lab)
I welcome the Bill. I am sure that the right hon. Lady knows as well as I do that between 2,000 and 5,000 people a year are trafficked into this country. I understand that the Home Office is doing a review. Can she guarantee that the review will be published and acted upon?
Mrs May
The hon. Gentleman mentions some figures. The difficulty in all this is that we do not know the figure. The work that was done by the right hon. Member for Birkenhead (Mr Field) and others suggested that it might be 10,000. Fewer than 2,000 have been referred to the national referral mechanism, which is the only firm statistical measure, but we are all pretty clear that the figure is larger than that. I am reviewing the national referral mechanism, and the work of that review will be taken into account when I publish the Government’s strategy later this year. As I have said, this is not just about legislation. Other actions that do not form part of a Bill need to be taken to help the victims and pursue the perpetrators.
Paul Blomfield (Sheffield Central) (Lab)
Will the Home Secretary assure the House that the review of the NRM will be published before the Committee stage of the Bill?
Mrs May
The current intention is that an interim report will be published, which should be available before the Committee stage is completed, but the final review will be published in the autumn alongside the Government’s strategy.
We have listened carefully to the findings of the pre-legislative Committee and, where practicable, we have addressed its key concerns. We can all play a part in tackling this scourge. As Bernard Hogan-Howe, the Commissioner of the Metropolitan Police, said at the modern slavery conference at the Vatican in April:
“We need to make combating human trafficking part of everyone’s consciousness. As with our fight against terrorism, prevention is better than cure. … Much misery and distress can be prevented if more of us pay attention to something that does not look or feel right, then care enough to do something about it.”
The Modern Slavery Bill will help ensure that we can tackle slavery in its modern form. With cross-party support, we have an opportunity to make a real difference to the lives of today’s victims.
Michael Connarty (Linlithgow and East Falkirk) (Lab)
The Secretary of State has published a Bill that goes in the right direction, but she appears to have ignored the fact that slavery that we benefit from happens outwith this country. In the supply chains of the goods that we buy, people are enslaved on a daily basis. We know about some of those people because of disasters that have occurred, but the slavery still goes on. The Secretary of State appears to have ignored those people, so she has cut off the greatest power that the Bill could have to reach out and stop them being enslaved on our behalf.
Mrs May
I am sorry about the tone in which the hon. Gentleman puts his question. The issue of supply chains has been raised by many people. We have not ignored the issue. I and other Ministers, including my hon. Friend the Under-Secretary of State have had a round table meeting with businesses and business—
Mrs May
I am answering the hon. Gentleman’s question, if he would like to listen to my answer. Not everything that we think we can do to tackle modern slavery will be in the legislation. Legislation is not the answer to everything, but we recognise the issue of supply chains. We have been working with businesses. Many big businesses already take this responsibility seriously and make every effort to ensure that they do not see slavery in their supply chains.
I was asked about supply chains in Home Office questions yesterday, and I made the point that companies have a social responsibility. Companies should consider their reputation as well as potential victims of slavery. We have held a round table with business. We are talking to businesses about the action that they can take to address the issue.
Mr Frank Field (Birkenhead) (Lab)
As we know, the Home Secretary wants measures on supply chains in the Bill, but No. 10 opposes them. Might she wish luck to those of us who intend to table amendments in this place and the other place so that on this occasion at least her will should prevail?
Mrs May
That is the sort of intervention that I had probably best pass over. We have already legislated to recognise the social responsibility of companies in relation to human rights in supply chains, even though this Bill does not contain a specific reference to supply chains.
Andrew Selous (South West Bedfordshire) (Con)
Does my right hon. Friend the Home Secretary share my hope that the Bill will help Governments around the world to do something to tackle modern slavery in their own countries? As Opposition Members have said, this is a global business and if Britain can lead the way and help other countries to deal with it, that would be worth while.
Mrs May
My hon. Friend is right. One of the things that pleased me about the conference at the Vatican was that I could meet people from other countries—both those countries that are more naturally destination countries and those that are source countries—to talk about the work that can be done to deal with this problem. We have to deal with it internationally. That is why I am pleased that at the conference we set up the Santa Marta group, an international group of senior law enforcement officers who will meet again towards the end of this year in London, to share best practice to ensure that we do all we can to deal with this issue.
Michael Connarty
Has the Home Secretary received, as I have, a copy of the letter from the Ethical Trading Initiative, to which we spoke just before the last mini recess? It says that it wishes to have legislation on supply chains. That is a major change in attitude since I introduced my private Member’s Bill. It wants to see all the good companies supported by legislation so that the poor companies do not get away with undermining them.
Ms Margaret Ritchie (South Down) (SDLP)
The right hon. Lady is generous with her time. Just a few weeks ago, a lady in Northern Ireland discovered a cry for help letter sewn into a pair of trousers, which were made in China, from a leading high street chain. The letter detailed the atrocious working conditions in the prison where the garment was made. With longer and more complex supply chains, does the Secretary of State agree that the Bill needs to ensure greater transparency and accountability so that the products of slavery and forced labour do not find themselves on our high street shelves?
Mrs May
Across the House, we all share the same intention and desire to stamp out modern slavery, wherever it occurs. We all recognise that companies have a responsibility to look at what is happening in their supply chains. The hon. Lady talks about the increasing length and complexity of supply chains, which is one of the precise difficulties faced by companies today when it comes to any responsibility they have for looking at every aspect of their supply chain and ensuring that it is not involved in modern slavery. That is why we are sitting down with business to talk about the issue and how we can best address it. There is not a blanket approach of saying, “The only way to do this is X.” We are saying, “Let’s sit down with companies and talk to them about the issues that they are facing.”
In answer to the hon. Lady and my hon. Friend the Member for South West Bedfordshire (Andrew Selous), of course we need to work internationally to address modern slavery. This House, and this Parliament, will take an important step by passing this Bill in the United Kingdom. The Bill will be an important sign, but the work will go on, and sadly I suspect that the work will have to go on for some years, to ensure that we stamp out modern slavery. That work is wide-ranging and is not just limited to what we may say or do in this House.
Kerry McCarthy (Bristol East) (Lab)
In the wake of the recent controversies, particularly the reports about the Thai fishing industry, the Prime Minister’s official spokesperson said that it is up to consumers whether they buy goods associated with slavery. That is clearly not good enough because consumers are not in a position to know that. Surely the Government need to go further. Will the Home Secretary dissociate herself from those remarks?
Mrs May
A wide range of actions need to be taken if we are to deal with modern slavery, but the hon. Lady should not underestimate the power of the consumer in some of these matters. The consumer’s approach to fair trade, for example, has sent an important message to companies about how they deal with certain issues. The consumer can certainly play a part in addressing such things.
I have taken a number of interventions, and I will now turn to the specifics of the Bill. Part 1 addresses offences, sentences, reparation and maritime powers. Traffickers and slave drivers must know that their crimes will not be tolerated and that they will not get away with them. They must know that they will be caught and sent to prison for a very long time. The Bill provides law enforcement with the powers it needs to take robust action. First, the Bill consolidates existing slavery and human trafficking offences, which are currently held in three different Acts of Parliament. That will make it easier for prosecutors and the police to understand the available modern slavery offences when investigating such crimes.
We will have two clear and distinct offences: one for slavery, servitude and forced or compulsory labour; and one that covers all types of human trafficking. Those are focused offences that build on tried and tested concepts that the police and prosecutors understand. Part 1 of the Bill is not simply a consolidation, however; it contains specific action to improve existing offences by making it clearer that the slavery, servitude and forced labour offence can be effectively prosecuted where the victim is vulnerable, for example a child. Part 1 also includes wording based on international definitions of trafficking, such as the Palermo Protocol, thus ensuring that it reflects internationally defined best practice.
Punishments will now fit the crime. Offences committed in connection with modern slavery are some of the most serious that can be committed, so the Bill extends the maximum available sentence to life imprisonment. That will ensure that the worst perpetrators can receive the lengthy custodial sentences that they deserve. Tough sentences will also act as a powerful deterrent to others.
Criminals and organised groups who trade in human beings do so for profit, and we were reminded of that only last week, when the gang leader of a criminal outfit was jailed along with his accomplices for trafficking more than 100 women to London. While he lived a luxury lifestyle, the women who were lured here on false promises of employment were forced into prostitution, held against their will and subjected to horrific treatment. Wherever possible, we must ensure that the illicit gains made from trading in human misery are seized. Both the Modern Slavery Bill and the Serious Crime Bill will strengthen our powers to recover assets. The Modern Slavery Bill makes both slavery and trafficking offences criminal lifestyle offences for the purposes of criminal confiscation under the Proceeds of Crime Act 2002, which means that convicted slavers and traffickers will be subjected to the toughest confiscation regime possible.
Mr David Burrowes (Enfield, Southgate) (Con)
Will the Home Secretary assure me that, through reparation from the proceeds of such crime, there will be long-term support for the profound and enduring health consequences experienced by women subject to such exploitation, abuse and degradation?
Mrs May
My hon. Friend must be psychic. I was about to say that the treatment meted out to victims by traffickers and slave drivers is inhumane, degrading and often disturbing, and there can be no better use of the assets seized from a perpetrator than to provide reparation to their victims. Courts currently have the power to order convicted traffickers to pay compensation to their victims and can use money collected under a confiscation order to ensure that such compensation is paid in full. It is therefore unacceptable that in the past 11 years there have been only three such cases in which a criminal convicted of a principal offence of human trafficking has been ordered to pay compensation in that way. The Bill seeks to remedy that by creating a bespoke order for modern slavery offences so that, where a perpetrator has assets available, the court must consider making an order to provide reparation to the victim and give reasons if it does not do so.
Lisa Nandy (Wigan) (Lab)
The Home Secretary will be aware that successful prosecutions of cases involving children are very low. One of the reasons for that is encapsulated in a problem with the Bill, which is the omission of a specific definition of child trafficking. As she will know, children cannot consent to their own exploitation. I draw her attention to clause 39, which states:
“A person is not guilty of an offence if…the person is compelled to do that act.”
Children cannot consent to their own exploitation, and therefore that defence is no use to children. That is why I hope she will join me and many other Members on both sides of the House in supporting the inclusion of a specific definition of children trafficking in the Bill.
Mrs May
We have looked at that issue, which was one of the issues raised in the various discussions, including in the Joint Committee. We have not included a specific child trafficking offence because of the difficulties that that could lead to in a prosecution, such as arguments about whether an individual should be prosecuted for the specific child offence or for the more general offence. That is why we have taken a different approach. [Interruption.] The hon. Lady shakes her head, but she should let me finish my response. That is why we have left it with a general offence, but we make it absolutely clear—this specifically addresses the point that she raises—that the slavery, servitude and forced labour offence can be effectively prosecuted where the victim is vulnerable, for example a child. We are aware of the issues that she raises about whether it could be argued that a child is not able to give consent, and therefore whether they are able not to give consent, but that is explicitly covered in the arrangements in the Bill. There are very good arguments why there would be considerable difficulties in dealing with a specific child offence. Another issue that would be raised is that an individual’s age often cannot be proved. If we did not have a general offence, it would make a prosecution more difficult.
Mr Frank Field
Is there not a case, therefore, for inserting the age of 18 into the Bill? Where there is a dispute in court about someone’s age, for the purpose of prosecution they are assumed to be a young person. Would it not give us an even harder cutting edge if, at a later stage, the Home Secretary accepted “18” to go alongside the definition of “young person”?
Lisa Nandy
I am grateful to the Home Secretary for giving way, and I do not want to take up other people’s time, but this point is incredibly important. I worked with child trafficking victims for nearly a decade before I came to this place, so I know, and the Home Secretary knows, that children go through a gruelling process. They are often told by their trafficker to say certain things. They say things in interviews because they have been told what to say, or they say what they think the interviewer wants to hear. They often cannot cope with the processes that they are put through, so having a specific child trafficking offence in the Bill would ensure that those children are seen and recognised as what they are, which is children. They are not trafficking victims, immigrants or children who have been moved for the purposes of exploitation; they are children who have been abused. Including such an offence would send a powerful message that we need to get those processes right.
Mrs May
I absolutely appreciate the passion with which the hon. Lady makes that point, and the experience on which she draws in doing so, but we have taken evidence from a number of areas and heard a number of people point out quite forcefully the difficulty of a child-specific offence where age is uncertain. For example, in evidence to the pre-legislative scrutiny Committee, Riel Karmy-Jones, a barrister who deals with trafficking offences, said that
“problems arise over separate offences that pertain specifically to children—for example, when the age of the child is not easily determined and you end up relying on age assessments, which I have done in some of the Nigerian trafficking cases.”
In those circumstances, if we did not know the age of the child, we would end up in court arguing about whether the specific offence was right, rather than being able to rely on the general offence.
Similarly, Detective Inspector Roberts, when asked whether a child-specific offence would help, replied:
“Not as a separate offence. The legislation perfectly encompasses it, but I would share Mr Sumner’s view—
another police officer—
“about the sentencing guidelines certainly around children and it being an aggravated offence… I think wholly different legislation would be unnecessary and complicated.”
We want to ensure that prosecutors and the police can deal with this as sensibly and easily as possible so that we get more prosecutions, but the evidence indicates that trying to introduce a child-specific offence might complicate prosecutions rather than make them easier.
Ian Murray
I am grateful to the Home Secretary for her response to my hon. Friend the Member for Wigan (Lisa Nandy), but will she consider giving herself the flexibility in the Bill to be able to bring forward regulations introducing a child-specific offence at a later date, rather than having to go through the process of introducing another piece of primary legislation?
Mrs May
That is a legislative device—I do not use the term in a negative sense—that we are using elsewhere in the Bill, but I say to hon. Members who have raised the matter that this is not just a belligerent point from the Government. We genuinely believe from the evidence we have seen, having talked with lawyers, prosecutors and the police, that the general offence will lead to more prosecutions, with the caveat I mentioned earlier about accepting when a victim is vulnerable—for example a child, as it is recognised that they might not have been in a position to have actively given consent and therefore should not be assumed to have given that consent—and that is being dealt with.
I will now attempt to make some progress on other points. The Bill also closes a gap in existing legislation whereby law enforcement officers are not always able to stop boats around the UK and on the high seas when they suspect that individuals are being trafficked or forced to work. There have been seven such occasions over the past two years. The Bill will provide law enforcement officers with clear powers to stop boats and arrest those responsible.
Tough sentences, seizing assets and closing loopholes are only part of the answer. The police and other law enforcement agencies must ensure the effective and relentless targeting and disruption of the organised crime groups that lie behind the vast majority of the modern-day slave trade. I have made tackling modern slavery a priority for the National Crime Agency, and work is under way to ensure that the law enforcement response at the local, regional and national level, and at our borders, is strong, effective and collaborative.
We are developing our capabilities to detect, investigate and prosecute modern slavery through better intelligence, better sharing of intelligence and more work upstream. For example, specialist safeguarding and trafficking teams are being rolled out at all major ports so that trained officers can help identify victims being trafficked across our borders, disrupt organised criminal groups, collect intelligence and provide a point of expertise and guidance for front-line officers.
We must ensure that law enforcement agencies have a range of effective policing tools, so I propose to take further action in the Bill. Part 2 introduces vital new tools, modelled on existing powers to stop sexual harm, to prevent modern slavery offences. Slavery and trafficking prevention orders will target convicted traffickers and slave drivers and can be used to prevent further modern slavery offences taking place—for example, by stopping an offender working with children, acting as a gangmaster or travelling to specific countries. Slavery and trafficking risk orders will restrict the activity of individuals suspected of being complicit in modern slavery offences. For example, they could be used to stop activity where there is insufficient evidence to bring a successful prosecution now but there is clear evidence of the risk of future trafficking or slavery offences being commissioned.
Modern slavery is a complex and multifaceted crime. To tackle it effectively, we need not only new legal powers but effective co-operation across law enforcement, borders and immigration, and local services. In the past, the number of prosecutions and convictions for those specific offences has not reflected the scale and seriousness of the problem. In 2013, for example, there were only 68 convictions. That is not good enough. We need a senior figure dedicated to the UK’s fight against modern slavery to strengthen law enforcement efforts in the UK and ensure that victims are identified and get effective support. That is why the Bill includes an anti-slavery commissioner to encourage good practice in the prevention, detection, investigation and prosecution of modern slavery cases. The Bill extends the role outlined in the draft Bill published in December so that the commissioner can work internationally to encourage co-operation against modern slavery and oversee the identification of victims.
Sir Tony Cunningham
I appreciate the Home Secretary’s generosity. It is essential that we have a cross-Government approach to tackling human trafficking, so will she explain why the anti-slavery commissioner will not be independent, as the children’s commissioner is, and will be situated in the Home Office?
Mrs May
The question of which physical office the commissioner will be situated in is still to be determined, but their role will be set out in a way that is similar to that of other commissioners. They will be independent and their annual reports will be laid before Parliament.
Mrs Caroline Spelman (Meriden) (Con)
I am sorry to interrupt the Home Secretary, but the House might find it helpful to know that the independent commissioners in Finland and the Netherlands report to one Government Department, because ultimately they need a departmental head to argue their case for funding with their Treasuries, even though they roam across Government.
Mrs May
I am grateful to my right hon. Friend for that clarification. Some people say that the way the commissioner will be appointed means that they cannot be independent, but if they look at the people we have in other roles who are appointed in a similar way, such as the independent chief inspector of borders and immigration and the chief inspector of constabulary, they will see that they are fiercely independent, regardless of the method of their appointment.
Nicola Blackwood (Oxford West and Abingdon) (Con)
The Home Secretary is being extraordinarily generous in giving way. Moving away from the independence of the anti-slavery commissioner and looking instead at their focus, she mentioned the problem of securing prosecutions, and one of the reasons for that must be the extraordinary vulnerability of trafficking victims. I wonder whether one of the core focuses of the commissioner in their first months might be to look at how we could better protect those witnesses when they go into our adversarial courts system.
Mrs May
If my hon. Friend will bear with me, I will comment on the protection of victims later in my speech. I think that it is important that the anti-slavery commissioner encourages good practice in the prevention, detection, investigation and prosecution of modern slavery cases as well as any work that is done to protect victims.
Fiona Mactaggart (Slough) (Lab)
If the commissioner is to help increase prosecutions, they need to help to provide witnesses, who are the evidence givers in those prosecutions. I therefore support the hon. Member for Oxford West and Abingdon (Nicola Blackwood) in her plea to give the commissioner some responsibility for victims, which will assist the Home Secretary greatly in her ambition to increase the number of prosecutions.
Mrs May
The hon. Lady and I have discussed this important matter before, and I will talk about what we can do to protect victims. The strategy that the Government will publish as the Bill progresses through Parliament will be important, because not everything is about legislation; many issues relating to the protection of victims are about some of the other ways we can ensure that support is provided. Yes, of course we need victims to be willing to come forward in order to prosecute, but one of the areas that I do not think has been given sufficient attention in the past is the question of law enforcement, prosecution and the need to ensure that the police and prosecutors are sufficiently aware of these crimes and have a sensible legislative framework and offences framework that means they will be more likely to bring perpetrators to justice. The more perpetrators who are brought to justice, the fewer victims there will be in future.
Michael Connarty
As a vice-chair of the all-party group I am very happy to play a supportive role to the group’s chair. The question raised by subsections (3), (4) and (5) of clause 35 is about the Home Secretary’s ability to call for the commissioner to omit from the report anything the Home Secretary does not agree with. Given that people will base decisions on what she says in this House, can she give us a categorical assurance that, even if the commissioner criticises the Government’s performance, there will be no question of the Home Secretary being able to ask for anything to be omitted from her or his reports?
Mrs May
I suggest that the hon. Gentleman reread the Bill. The intention is not that the Home Secretary will be able to prevent the printing of something with which they do not agree, but that nothing that is published could be a national security concern or jeopardise ongoing criminal investigations. I would have hoped that every Member accepts the importance of that. There may be circumstances in which it would not be appropriate to publish certain information because of the impact it would have on an individual. Those are matters that will be discussed with the anti-slavery commissioner in their reports, but certainly we should ensure that their reports do not jeopardise criminal investigations, because we should all want to see more perpetrators being brought to justice.
Modern slavery is a crime that inflicts immense suffering and misery. At the heart of the Bill and all our work is the desire to ensure that victims receive the protection and support they deserve, as well as help to recover from their traumatic ordeal. We must also ensure that victims, who have already suffered so much, do not suffer again through the criminal justice system.
Victims of modern slavery are sometimes forced by organised criminals to commit crimes such as cannabis cultivation. Fear of prosecution can deter victims from coming forward to help the police with investigations and from acting as witnesses in court. It is vital that we give them the confidence to come forward without the fear of prosecution. The Crown Prosecution Service already has guidance in place to prevent the prosecution of victims who have been forced to commit crime, but I think we can, and should, go further.
That is why the Bill includes a statutory defence for victims. The defence includes substantial safeguards against abuse and it will not apply to a number of serious offences—mainly violent and sexual offences—which are set out in the Bill. However, even in cases where the defence does not apply, prosecutors will still need to look carefully at all the circumstances to see whether it is in the public interest to prosecute victims.
Helping more victims to testify in court is crucial in our fight against the perpetrators. We need to give victims—who can face threats and intimidation—greater assurance that they can access special measures, such as giving evidence by video link or behind a screen. The Bill therefore extends to all modern slavery victims existing provisions that help trafficking victims gain access to special measures.
Whether victims appear in court or not, we need to identify them so that they can receive help and support. As I said in response to earlier interventions, I have set in motion a review of the national referral mechanism, to ensure that the care and support provided is effective and that all agencies work together in the best interests of victims. The review will issue its final report in the autumn. In addition, the Bill includes a provision for statutory guidance for the identification and support of victims, to ensure a consistent and effective approach.
Modern slavery crushes lives and causes immeasurable damage to victims of all ages. One of the most heinous aspects of this crime is the exploitation and enslavement of children—robbing them of their childhood and casting a long shadow over their future. Child trafficking victims are exceptionally vulnerable and require specialist support and care. We are therefore putting in place trial schemes of child trafficking advocates, who will ensure that the child victims’ voices are heard and that they receive the support and assistance they need in relation to the social care, immigration and criminal justice systems. The Bill includes a power to place these advocates on a statutory footing, once the trials have established how we can best give trafficked children the support they need.
The Bill also ensures that where the age of a trafficking victim is uncertain and there are reasons to believe that they are a child, public authorities will presume that victim to be a child for the purposes of providing assistance and support.
Finally, we need to ensure that law enforcement has good data on this largely hidden crime, so that we can develop an effective, strategic response. We are therefore placing a legal duty on public bodies to report suspected victims of slavery or human trafficking to the National Crime Agency. Safeguards will be put in place to ensure there is no adverse effect on victims. Adult victims will remain anonymous unless they consent to having their personal details shared. Non-governmental organisations will not be part of the statutory duty.
Modern slavery is an evil against which this Government are determined to take a stand. This Bill provides a comprehensive range of measures to punish effectively the criminals and organised gangs behind this appalling crime, to ensure victims receive the protection and support that they deserve, and to help prevent other vulnerable people from becoming victims.
As I indicated earlier, however, I am under no illusion about the scale of the task ahead. Stamping out modern slavery will not happen overnight. I have made tackling this crime a priority for the National Crime Agency, and, as I also said earlier, we are working with international law enforcement agencies to target organised criminal gangs. The Santa Marta group is being led by the United Kingdom, and that will strengthen our response to modern slavery globally. This autumn I will publish a comprehensive strategy that will include cross-Government and law enforcement action to tackle modern slavery and set out how we will continue to support and protect victims.
Today I urge Members on both sides of the House to work together so that we can pass the Modern Slavery Bill in this short Session. We have a rare moment of consensus on the principle that action needs to be taken. We must not—for any reason—repeat the mistakes of those Parliaments that were asked to tackle the historic evil of slavery but found reasons to put off the issue. It took William Wilberforce almost 18 years to pass his Bill to abolish the slave trade, and another 26 years passed before Parliament agreed to abolish all slavery in the British empire.
We must not delay. Let us act now—together—and send a powerful message to all traffickers and slave drivers that they will not get away with their crimes: we will track them down, prosecute, and lock them up, and ensure that the victims of their appalling crimes are returned to freedom. I commend this Bill to the House.
The Parliamentary Under-Secretary of State for the Home Department (Karen Bradley)
This has been an excellent debate, which has shown the House at its best. I am grateful to all hon. Members who have contributed, and I take their contributions and suggestions in the spirit in which they were intended. I also welcome the cross-party support for the Bill.
We all want the same thing: to stamp out slavery and make it clear that there is no place for anybody who wants to abuse human beings as slaves in this country. I hope that we can all work together to achieve that aim. The experiences of coming into contact with victims of modern slavery are always harrowing. I would describe my life before I took this job as the Minister with responsibility for modern slavery and organised crime as one of blissful ignorance. I had no idea about the scale of the problem, the extent of it, its depth or breadth, how it affects towns and cities across the country and how it affects all communities. The victims I have met and the stories I have heard have deeply affected me. Each one brings home just how difficult it is to tackle this crime.
Throughout debate on the Bill, we must remember the immense misery and trauma experienced by the victims of this crime. Held against their will, with no means of escape, they often endure rape, violence and psychological torture. That is why it is so unacceptable that slavery is still a fact of life in this country.
The Bill will make a real difference. It is critical to improving the law enforcement response to modern slavery. It will ensure that perpetrators can receive the sentences they deserve, including life imprisonment. It will strengthen our powers to recover their ill-gotten assets, and it will enhance protection for victims of this heinous crime. We cannot safeguard victims if we do not catch and convict the perpetrators. The actions that we are taking, both in the Bill and outside it—changes to policy, the trials and the reviews of existing mechanisms that we are undertaking—are all aimed at achieving that.
The Bill has the potential to be even more than a crucial step towards stamping out slavery in this country. It will send an important signal to the wider world that the time has come to take firm action to end global slavery. That message is even stronger after today’s debate because of the degree of cross-party support for the Bill and the commitment that right hon. and hon. Members have shown to the cause in their contributions. Today’s debate builds on the excellent work of the pre-legislative scrutiny Committee, which has helped to shape the Bill. I am grateful to the members of that Committee and welcome the important contributions today from the right hon. Member for Birkenhead (Mr Field), my right hon. Friends the Members for Meriden (Mrs Spelman), for Uxbridge and South Ruislip (Sir John Randall) and for Hazel Grove (Sir Andrew Stunell), and the hon. Members for Slough (Fiona Mactaggart) and for Linlithgow and East Falkirk (Michael Connarty).
During the debate a large number of Members identified areas where the Bill might adopt a different approach. I understand hon. Members’ deep commitment to using the Bill to make a difference on a wide range of issues and I will continue to work on both the Bill and the non-legislative ways in which we can tackle this horrendous crime. However, I urge hon. Members not to endanger the passage of the Bill in a very short Session of Parliament by trying to widen its scope. The Bill is a crucial first step, which will make a real difference to the lives of the victims of the appalling crime of modern slavery. By focusing on the very serious offences of slavery and trafficking, it will give law enforcement the clearest possible signal that Parliament wants these crimes stamped out, but it is a first step and I am determined that we will deliver it in the short Session that we have available.
Karen Bradley
Time is short, and I would like to cover as many points as possible. I give a commitment to all Members who made contributions that if I do not respond to them during this winding-up speech, I will write to every one of them and involve them all in the work that we are doing. I am sure that in Committee we will discuss in detail all the points that were made, and I commit to look closely at all the issues raised before we start the line-by-line scrutiny upstairs.
We heard from 21 Members in full contributions and interventions. We had contributions from the hon. Members for Slough, for Foyle (Mark Durkan), for Wigan (Lisa Nandy), and for Sheffield Central (Paul Blomfield), the right hon. Member for Birkenhead, the hon. Members for Bristol East (Kerry McCarthy), for Arfon (Hywel Williams), for Edinburgh North and Leith (Mark Lazarowicz), for Linlithgow and East Falkirk and for East Antrim (Sammy Wilson), from my hon. Friends the Members for Mid Derbyshire (Pauline Latham), for Central Devon (Mel Stride), for Chatham and Aylesford (Tracey Crouch), for North East Cambridgeshire (Stephen Barclay), for Enfield, Southgate (Mr Burrowes) and for South West Bedfordshire (Andrew Selous), and from my right hon. Friends the Members for Meriden and for Uxbridge and South Ruislip, my hon. Friends the Members for Salisbury (John Glen) and for Norwich North (Chloe Smith) and my right hon. Friend the Member for Hazel Grove.
On the specific issues that were raised, I must start with the right hon. Member for Birkenhead. He has done tremendous work in this field and been a real leader. His work on the pre-legislative scrutiny Committee has been outstanding, but as always he pushed the envelope slightly with the Deputy Speaker in some of his comments and references. I know he will be forgiven for that. It was astute of him to spot that it was the women who were driving the measure through. The three whom he mentioned show that it takes a woman to make these things happen on occasions. He also took an important intervention from the hon. Member for North Antrim (Ian Paisley), who is not in his place, about the work of the NGOs and the charities on this matter. It is vital that we recognise that those organisations help to support the victims. They have amazing experience and they know how to make sure that the victims have the best support. It is our job in this place and in government to give the NGOs the support that they require and let them get on and do the work that they do so well.
The hon. Member for Wigan shared her great personal experience of the issue. I was very interested to hear all her contributions. I would very much like to discuss these matters further with her—not just the Bill but the NRM review and how we can deal with her concerns about children. I was interested in the work that she talked about with the former UK Border Agency, which, as she knows, no longer exists. I was at Gatwick last week to meet the anti-trafficking team there and it is clear from her description of the work that she did with UKBA many years ago that that work is now taken into account on the front line of Border Force, which is acutely aware of the difficulties of dealing with child victims of trafficking and ensuring that they are properly looked after and supported. I was impressed with the work that I saw and I would like to share that with the hon. Member for Wigan if possible.
The right hon. Member for Uxbridge and South Ruislip claimed that he was repeating what had been said before. We all find that difficult to believe because he always gives a different perspective in what he says. I liked his comment that modern slavery was a Cinderella crime. I shall start thinking of the slavemasters as stepmothers and ugly sisters. That might help explain it to people outside this place who have not heard the victims’ stories that we have heard. His points about raising awareness and education and his comment that we should all become advocates for this issue were incredibly important. I am sure that we will all leave here happy to talk to our constituents and explain to them why this heinous crime needs to be tackled.
My hon. Friend the Member for Mid Derbyshire referred to the work of the Bishop of Derby, who was a member of the pre-legislative scrutiny Committee. As he is relatively local to my constituency, I know that he does an incredible amount of work. She said that there should be a hotline or place where people could go to report what they had seen. We are working with the NSPCC to develop an appropriate hotline, which we will launch later this summer. There will be one place where people know they can go to report instances of the crime that they have seen.
My hon. Friend the Member for Central Devon talked about what Wilberforce had to go through 200 years ago, but he made an important point about the difference between slavery then and today. Then it was a visible, acceptable crime. People did not actually think of it as a crime. It happened in front of them. Today, we all know that slavery is abhorrent; it is not something that we should tolerate in our society. Yet people do not know how to spot the signs of it; they do not know how to deal with it; they do not know where to go to report it. The Bill and other measures will help to address that problem.
My hon. Friend the Member for Chatham and Aylesford referred to comments on Twitter about this being an obsession of left-wing feministas. As a right-wing feminista like her, I am proud that it is our obsession. I also experienced a Twitter moment when I was asked last night why we have a Minister for modern slavery when slavery is illegal. That is a good point, and it perhaps brings home the deficiencies of social media. She also talked, as did my hon. Friends the Members for South West Bedfordshire, for Enfield, Southgate and for North East Cambridgeshire of the work of local police forces. From an operational and policy point of view, we need to work to ensure that local police forces know the signs of this crime, know where to report it and share intelligence so that we can prosecute the perpetrators and make sure that they get the punishment that they deserve.
My hon. Friend the Member for Norwich North talked about the situation in rural communities and how she had once been an employee of a legitimate gangmaster, which was interesting to hear. I am sure nobody in the House would have any ideas about the Whips Office being anything like that—my hon. Friend and I shared time in the Whips Office—but her point about rural workers and migrant workers is important. I recently visited Devon and Cornwall police, which has dedicated migrant worker police community support officers who work closely with the Gangmasters Licensing Authority and others to identify the signs of trafficking, slavery and exploitation. All that work is incredibly important, and we need to see more of it being rolled out across the country.
The hon. Member for East Antrim talked about the Bill raising awareness, which is also an important point. The more we talk about and consider the Bill, the more that people outside the House will see that the Government are concerned about the issue and are taking action. I therefore thank him for his contribution.
The hon. Member for Arfon highlighted the interesting disparity between income levels in the countries from which trafficking victims often travel. Again, one of the strange parts of the crime is that the victims of trafficking often want to be trafficked, if that makes sense, because they feel that they are leaving something worse to go to something better. It is only when they get to their destination, having committed an immigration crime by allowing themselves to be trafficked, that they are exploited as a slave. I am pleased that we have introduced a statutory defence in the Bill that ensures that anyone who has committed an immigration crime, not knowing that they would end up being abused as a slave, will be protected.[Official Report, 17 July 2014, Vol. 584, c. 7-8MC.]
The hon. Members for Edinburgh North and Leith, for Foyle and for Linlithgow and East Falkirk, and others, raised concerns about the devolved Administrations. Although the Bill has territorial extent only in England and Wales, it goes so far as to cover the devolved Administrations. We are working closely with the devolved Administrations, and we are ensuring that, where there are gaps that we know how to fill, the offence will be dealt with throughout the country, not just in England and Wales.
My hon. Friend the Member for Norwich North talked about the possibility of the statutory defence being used as a loophole. I reassure her that the defence will include clear safeguards. For example, the defence will apply only to victims of trafficking or slavery who have been compelled to commit the offence as a direct consequence of their enslavement or trafficking and where a reasonable person in the same situation would have had no realistic alternative but to act in a similar way. I look forward to debating all those issues and more in Committee. The victims should be at the heart of our further deliberations on the Bill, and I have no doubt that the true mark of the Bill’s success will be fewer victims whose lives are blighted by modern slavery.
If the House will indulge me, this is the first debate in which I have spoken for two years, as I have spent a significant amount of time in the Whips Office. The last time I was able to contribute to a debate was on behalf of a vulnerable constituent, and I was very proud to be able to stand up for my constituent in that debate. I am even prouder to return to speaking in this House to stand up for all the vulnerable victims of slavery and to see this crime being tackled and stamped out. This is my message to anyone out there who feels that they can abuse and use victims of slavery: “There is no home for you in this country. We will find you, we will prosecute you and we will lock you up.”
Question put and agreed to.
Bill accordingly read a Second time.
Modern Slavery Bill (Programme)
Motion made, and Question put forthwith (Standing Order No. 83A(7)),
That the following provisions shall apply to the Modern Slavery Bill:
Committal
1. The Bill shall be committed to a Public Bill Committee.
Proceedings in Public Bill Committee
2. Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Tuesday 14 October 2014.
3. The Public Bill Committee shall have leave to sit twice on the first day on which it meets.
Consideration and Third Reading
4. Proceedings on Consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.
5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption of that day.
6. Standing Order No. 83B (Programming committees) shall not apply to proceedings on Consideration and Third Reading.
Other proceedings
7. Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or any further message from the Lords) may be programmed.—(Anne Milton.)
Question agreed to.
Modern Slavery Bill (Money)
Queen’s recommendation signified.
Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),
That, for the purposes of any Act resulting from the Modern Slavery Bill, it is expedient to authorise the payment out of money provided by Parliament of:
(1) any expenditure incurred under or by virtue of the Act by the Secretary of State, and
(2) any increase attributable to the Act in the sums payable under any other Act out of money so provided.—(Anne Milton.)
Question agreed to.