(10 years ago)
Commons ChamberRead Hansard Text Read Debate Ministerial Extracts
16:00 - The House divided: - Ayes: 227 / Noes: 288 - Question accordingly negatived.
16:13 - The House divided: - Ayes: 225 / Noes: 288 - Question accordingly negatived.
18:00 - The House divided: - Ayes: 234 / Noes: 292 - Question accordingly negatived.
18:13 - The House divided: - Ayes: 234 / Noes: 288 - Question accordingly negatived.
18:25 - The House divided: - Ayes: 229 / Noes: 283 - Question accordingly negatived.
The Parliamentary Under-Secretary of State for the Home Department (Karen Bradley)
I beg to move, That the clause be read a Second time.
Mr Deputy Speaker (Mr Lindsay Hoyle)
With this it will be convenient to discuss the following:
New clause 5—Duty on large UK companies to report efforts to eradicate modern slavery and forced labour—
‘(1) The Secretary of State must, not later than 5 October 2015,—
(a) make regulations under section 416(4) of the Companies Act 2006 (c. 46) requiring the directors’ report of a company to contain such information as may be specified in the regulations about modern slavery and forced labour in the supply chain for which the company is responsible, or
(b) lay before Parliament a report explaining why no such regulations have been made.
(2) Regulations made under section (1)(a) must be in force in relation to quoted companies by 6 January 2016 and in relation to large private companies as the Secretary of State believes to be appropriate by 2 January 2018.
(3) Subsection (1)(a) is complied with if regulations are made containing provision in relation to the company’s reporting of work in the following areas—
(a) accountability for tackling modern slavery and forced labour, including policy commitments, resourcing and actions to exercise due diligence;
(b) investigation, monitoring and auditing of modern slavery and forced labour risks in the UK and throughout their global supply chains;
(c) support and access to remedy for victims of forced labour and modern slavery; and
(d) training of staff and suppliers, access to expertise and advice.
(4) No regulations made under this section shall apply to small companies as defined by section 381 of the Companies Act 2006 (c. 46).”
New clause 15—Legal liability for the beneficiaries of slavery—
‘(1) The Secretary of State shall within six months of this Act coming into force bring forward regulations to ensure that a person benefiting from an offence under section 1 or 2 of this Act committed by a third party shall have committed an offence where—
(a) the third party acted for that person’s benefit; and
(b) their lack of supervision or control made possible for committing of the offence by the third party.
(2) Regulations under subsection (1) shall not be made unless a draft has been laid before and approved by both Houses of Parliament.”
This new Clause requires the Secretary of State to bring forward measures along the lines set out in EU Directive 2011/36/EU on preventing trafficking in human beings.
New clause 14—Ban on importation of goods produced by slavery or forced labour—
‘(1) The Secretary of State shall have the power to prohibit the import at any point of entry to the United Kingdom of any good, ware, article, or product mined, produced, or manufactured wholly or in part in any foreign country that can be demonstrably shown to have been produced by slavery, forced labour, child labour or with the involvement of human trafficking.
(2) The Secretary of State shall—
(a) prescribe such regulations as may be necessary for the enforcement of this provision;
(b) co-ordinate with and issue guidance to the Treasury, HMRC, devolved authorities and any other relevant public authority in relation to the exercise by them of their powers and responsibilities under this Clause; and
(c) have a duty to publish and maintain information on banned goods including a publicly available list of products which there is a reasonable basis to believe might have been mined, produced, or manufactured in the circumstances described in section (1).
(3) The Secretary of State shall establish a process whereby a petition can be made by any person, public authority or organisation who has reason to believe that goods produced in the circumstances in section (1) are being or are likely to be imported into the UK to communicate theses concerns to the relevant authority. Every such communication shall contain—
(a) a full statement of reasons for the claim;
(b) a detailed description or example of the product; and
(c) all relevant information regarding the production of the good.”
This would allow for the banning of the import of any product produced by slavery, convict, forced or indentured labour, including child labour.
Government amendment 62.
Karen Bradley
It is a pleasure to open this important debate. Modern slavery in supply chains is an issue that this Government take extremely seriously and have been considering very closely for some time. Tackling modern slavery is not only about catching the perpetrators; it is about making sure that we as consumers and businesses do not inadvertently fuel the demand for slave labour. We do not want businesses in the UK to have any connection to these abhorrent crimes, and UK consumers should not be put in the position where they inadvertently buy goods that could have been produced by individuals who are abused and enslaved.
The Government have been listening carefully to the views of NGOs, businesses and parliamentarians on this issue. I know that many right hon. and hon. Members here today have been campaigning on it for a long time, and their contributions and insight have been invaluable in developing our thinking. I would particularly like to thank the pre-legislative scrutiny Committee on the draft Modern Slavery Bill, who collected such valuable evidence, and the chair of the Committee, the right hon. Member for Birkenhead (Mr Field), for his leadership. I would also like to thank the hon. Members for Slough (Fiona Mactaggart) and for Linlithgow and East Falkirk (Michael Connarty), who have both tabled private Members’ Bills on this topic and have campaigned so tirelessly.
The Government have always been committed to encouraging businesses to take action on modern slavery, but I and the Home Secretary wanted to make sure that any further legislative changes were of real value and would not confuse existing arrangements. Having considered carefully the evidence and calls for change, I believe that we can improve the legislative framework further to encourage business to take action. That is why I am extremely pleased that we have brought forward new clause 11, which will require organisations carrying on a business in the UK above a certain size threshold to disclose each year what they have done to ensure that there is no modern slavery in their supply chains or their organisation. Once businesses are required to disclose what they are doing to tackle modern slavery, consumers, shareholders and campaigners will have a better understanding of what action each business is taking, and can call for more action if they think more is needed.
Mr Frank Field (Birkenhead) (Lab)
I am glad that the Minister is introducing this clause. May I ask two questions? When companies report, will the Government comment? Will the new independent anti-slavery commissioner be expected to comment and try to raise the standards of firms?
Karen Bradley
I thank the right hon. Gentleman for his questions. Later in my remarks I will come to how we envisage the provision working. I hope that will address his concerns.
Many businesses are already taking steps to eliminate modern slavery. Once it is clear what activity major businesses are undertaking, we expect that public pressure and competition between businesses will encourage those who have not taken decisive steps to do so. Introducing this measure is an important step, and that is why we want to get it right. The provision does not specify the size of business on the face of the Bill. That is because we genuinely want to listen to businesses and stakeholders about the best possible approach and we will formally consult on the threshold level.
Our thoughts are that this provision should apply to large companies in the first instance. We will consult fully on the threshold and then set the threshold through regulations subject to the affirmative procedure, which will ensure that Parliament has the final say on the initial threshold, and can subsequently review and amend it over time, if required. We will also produce statutory guidance to accompany this provision, setting out the kinds of information that might be included in a disclosure, so that companies understand and have the support they need to comply. Again, we will consult on what information should be in the guidance, working with businesses and other interested parties so that they have a good understanding of what information might be used to comply with the disclosure requirement.
Sir John Randall (Uxbridge and South Ruislip) (Con)
Like the right hon. Member for Birkenhead (Mr Field), I am glad that the measure is being included in the Bill. Can my hon. Friend give us an idea of the time scale involved in the consultations and when we might see the resulting legislation?
Karen Bradley
My right hon. Friend deserves credit for campaigning tirelessly on this and other issues related to modern slavery. I will come on later to how we envisage the process working. We are considering an appropriate timetable. As he will appreciate, we have to get the balance right between letting both Houses have their say and the need to make progress.
Sir John Randall
I look forward to hearing further details. We are all aware that over the weekend, for example, there was a furore about T-shirts. That emphasises that many companies think they are free of slavery, but they are not. We must sure that we get on with the measure, because it is important.
Karen Bradley
I take my right hon. Friend’s comments and will ensure that they are considered in the process. He is right that one of the difficulties and one of the reasons that we have considered the matter carefully is that many businesses are trying hard to comply, but we need to help them and support them to do so. That is why it was vital that we spent time consulting businesses to make sure that we came up with an effective approach that would make a difference.
Stephen Barclay (North East Cambridgeshire) (Con)
The Minister has not spelled out any dates. The matter has gone through the Joint Committee, it has been debated and there have been various hearings. New clause 11 says that the Secretary of State “may issue guidance”. What we are not getting is any sense of the operational requirements on a company such as Tesco, which was benefiting from slave labour in the fishing industry in Thailand. What would companies be required to do operationally under this guidance?
Karen Bradley
I will come, as I said, to how we envisage the measure working. My hon. Friend reflects exactly the balance that we are trying to achieve between getting on as quickly as possible and letting Parliament have its say to make sure that we reflect what Parliament wishes in this respect.
Mr David Burrowes (Enfield, Southgate) (Con)
My hon. Friend refers to the proposed amendment to the Companies Act. Does she accept that when Parliament put forward a human rights disclosure requirement, it was plainly the intention that it should also include supply chains?
Karen Bradley
My hon. Friend, who was such a committed member of the Public Bill Committee, makes an important point. The Government have already legislated to require companies to disclose in their annual reports under the Companies Act that they respect human rights throughout their business. We wanted to ensure that there was a further requirement on slavery, so we ensured that there was full transparency on slavery in supply chains in addition to the requirement that we have already included in the Companies Act.
Mr Frank Field
I take the Minister’s point about the Government’s approach being superior to our proposal to amend the Companies Act. One of the advantages of her approach is that the proposed legislation will cover those companies that are large but are owned offshore. We want to bring them within the ambit of the Act, because they are really important traders in this country.
Karen Bradley
The right hon. Gentleman makes exactly the right point. This is about ensuring that any company doing business in the UK makes transparent disclosures on the action it has taken on slavery in its supply chains. We want UK consumers to understand what actions have been taken by the businesses they transact with so that they can then put pressure on them if they feel that not enough is being doing. The Government will be able to help those companies through the guidance we issue on the action they may take that would give consumers the reassurance they need. We have also improved on the California model by capturing any commercial organisation that produces not only goods but services.
We are also looking at public sector procurement, recognising that modern slavery could happen anywhere. All public sector suppliers are already required to comply with relevant human rights and employment law, and EU procurement rules require contracting authorities to exclude suppliers that have been convicted of certain offences. Social responsibility information is also sought annually from Government suppliers, including details of the steps taken and planned by suppliers in the areas of ethical procurement and supply chain management.
I will now turn to new clause 5, tabled by Opposition Front Benchers, which would require the Secretary of State to make regulations under section 416(4) of the Companies Act 2006 so that quoted companies and certain large private companies are required to include in their directors’ reports information relating to modern slavery and forced labour in the supply chain. It is fair to say that we are all trying to achieve the same aim—ensuring that the supply chains of UK businesses are free from slave labour—but the ways in which we are seeking to do that may well differ. In considering this important issue, we have looked at a number of approaches, including amending the Companies Act and, in particular, the Companies Act amendment proposed by the pre-legislative scrutiny Committee.
I believe that introducing a specific provision in the Modern Slavery Bill, rather than in the Companies Act, sends out a clear signal that the UK will not tolerate any form of modern slavery. It also explicitly raises the profile of the issue by ensuring that the provisions are front and centre of what the Bill and this Government are trying to achieve: to stamp out modern slavery in all its forms. I think that all of us in this House are trying to achieve that. Those who disclose little or no action risk their reputation and, ultimately, their profits.
New clause 14, tabled by the hon. Member for Foyle (Mark Durkan)—he, too, served on the Public Bill Committee—would ban the import of any product produced by slavery, forced or child labour or human trafficking. As I have said, I believe that slavery in all its forms is abhorrent. The provisions we have brought forward to increase transparency in supply chains are both effective and proportionate. It would simply not be feasible for UK agencies to police the import of goods on the basis of whether they had been produced using slave labour. We need those trading with companies in other jurisdictions to apply due diligence and take decisive action where they believe that slave labour is being used. Waiting until the point when products are being imported into the UK is simply too late. That is why it is for businesses to take action to check their supply chains and for the Government to influence and encourage other Governments to do more, such as by improving the application of their employment laws or their approach to human rights issues.
Sir Andrew Stunell (Hazel Grove) (LD)
I thank the Minister for working so hard to introduce new clause 11, which I very much welcome. Will she cover the point raised in an earlier intervention about the role of the anti-slavery commissioner? As she will know, the terms of reference were discussed in Committee. It would be useful to know whether the Government think that the commissioner’s remit will include looking at company reports and assessing how effective they are.
Karen Bradley
I thank my right hon. Friend for his comments and for all his work, not only in the Public Bill Committee but in the pre-legislative scrutiny Committee—he has truly lived this issue for most of this year, so I know how committed he is. I think that policing the measure is a matter for us all. In particular, the non-governmental organisations that work on victim protection—I discussed this with them last week—have such an important role to play in bringing to our attention those companies that they believe are not doing the compliance and disclosure that we all expect. We will move on to the specifics of the anti-slavery commissioner’s role later in the debate. My emphasis for the commissioner is on identifying victims and then ensuring that we get prosecutions in order to protect victims. The role is not so much about policing the supply chain measure. Obviously, as the commissioner’s role develops, we may see new issues come to the fore.
Mrs Caroline Spelman (Meriden) (Con)
I commend my hon. Friend for listening to Members on both sides of the House regarding the supply chain issue and bringing forward this new clause. Does she agree that the strongest policing of the issue will come from the large companies at the head of supply chains, because they have the infrastructure really to do due diligence and stamp out slavery down the line? The proportionate way in which she is introducing this, with company size being a factor, is one of the strongest signals we could possibly send to the wider world that we want no part of it in our supply chains.
Karen Bradley
I thank my right hon. Friend for her comments. She, too, was a member of the pre-legislative scrutiny Committee—there is definitely great experience and knowledge of the issue in the Chamber today. Her work on the issue has been of great help to the Government. She is right that this is about the large businesses. When the Government discussed how best to secure this, it was the large businesses that were keen to see the level playing field, with everyone crossing the line together. She is absolutely right.
Mr Burrowes
The Minister is being very generous in giving way. This whole measure can be seen not as a burden for businesses, but as an empowering measure, because all responsible businesses will be able to see how they can root out and eradicate slavery. Is there a way in which we could move on in the timing of this measure and on enforcement by ensuring that everyone can see those businesses that are disclosing and complying, and by shaming those that are not? We could do that straight away on the website. Perhaps the anti-slavery commissioner could have their own portal to allow that to be communicated so that we could name and shame in an easy and accountable way.
Karen Bradley
My hon. Friend is right to say that this process does not need to wait for the legislation to come in. Businesses can start to make these disclosures now; there is nothing to stop them doing that. The point of the Bill is to make sure that there is a level playing field and that all are crossing the line together. He makes some very interesting suggestions that I will reflect on.
Mr Frank Field
Will not successful disclosures involve some companies that, having found they are guilty of having slavery in the supply chain, rather than just sacking the suppliers, work with them on paying the workers proper wages? I would not want this measure to perpetuate poverty by pushing slavery further underground. If the public are to take a really rounded view on these reports, they should praise companies that find they are using slave labour and then go on to say what they are doing about it.
Karen Bradley
The right hon. Gentleman is absolutely right. This is about getting transparency in supply chains. On the very first day I started as a Minister, the first thing I was lobbied on was transparency in supply chains, and it became clear that this is all about finding out what is going on—shining a light. As he says, there may well be slavery within these supply chains, and if so action can be taken to deal with that.
I would add that in my experience of meeting Governments overseas where there may be concerns about human rights abuses, one of the strongest and most powerful tools to convince those Governments that they need to take action is that their businesses will not be able to trade with businesses here in Britain because we expect to be sure that there is no slavery in the supply chain, that human rights are not being abused through the supply chain, and that when consumers buy goods in Britain they can be confident that all action that possibly can have been taken has been taken to eradicate these practices from the supply chain. That is what transparency does—it shines that light and gives that clarity to the consumer.
New clause 15, tabled by the hon. Member for Foyle, seeks to require the Secretary of State to lay regulations to ensure that individuals who have benefited from modern slavery that has been perpetrated by a third party are criminally liable where their lack of supervision made the modern slavery offence possible. We do of course want business to take action to eliminate modern slavery from supply chains, and, as we have discussed, the Government are bringing forward a legislative measure to achieve this. However, I am not persuaded that a potentially very broad criminal liability in this area is the best approach. I want these provisions to drive a change in behaviour. That is why I firmly believe that the Government’s amendment to introduce a bespoke provision into the Bill is the right one. As I said, it goes much wider than the provisions in the California Act by including all sectors, not just retail and manufacturing, and the provision of services, as well as goods, but it does so in a way that does not create undue burdens for business.
I fully acknowledge the good intentions behind right hon. and hon. Members’ amendments. However, in the light of discussions and the work that the Government have undertaken in this area, and the effective provision that we are proposing today, I hope that they will feel able to withdraw them.
Diana Johnson (Kingston upon Hull North) (Lab)
I rise to welcome the Government’s new clause 11 and to speak to new clause 5, which stands in my name and the names of other right hon. and hon. Members. It is very good news that the Government have finally moved on this matter in the final stages of the Bill. Not including supply chains was the single biggest omission from the draft Bill and the Bill introduced to this House, and it is good to see that this important concession has been secured from the Government.
I congratulate all those who have campaigned on this issue, including my hon. Friends the Members for Linlithgow and East Falkirk (Michael Connarty), for Slough (Fiona Mactaggart) and for Birkenhead (Mr Field), and, on the Government Benches, the right hon. Members for Uxbridge and South Ruislip (Sir John Randall) and for Meriden (Mrs Spelman). The hon. Member for Foyle (Mark Durkan) has tabled two new clauses that seek to extend the responsibilities of UK companies towards those who work in the supply chains, including compensation for victims and a ban on the importation of products produced using slavery.
Outside this House, a huge number of groups have also campaigned on the issue. I pay particular tribute to the Walk Free Foundation, the Ethical Trading Initiative, and the British Retail Consortium. I would like personally to thank all the groups and companies that I have met in order to inform Labour’s position, including Next, Primark, the Co-operative Group, Focus On Labour Exploitation, and Amnesty International.
Stephen Barclay
The hon. Lady is making powerful points about what teeth the guidance will have. Does she think that there are lessons to be drawn from when this House debated the Financial Services and Markets Act 2000, when it was believed that the behaviour of the banks would be influenced by reputational damage, a belief that was found to be false in the light of their future conduct? There seems to be a reliance on the idea that guidance in itself will have a deterrent effect on major corporations, but that has to be backed up with some teeth.
Diana Johnson
I could not agree more. That is why it was important that I set out why new clause 5 deals in detail with the kind of issues that need to be clearly addressed in secondary legislation. I am grateful for the hon. Gentleman’s intervention.
Just to recap: we support the Government’s new clause 11. Obviously, we want to wait and see what happens with the secondary legislation as it is introduced. It is surprising that the Government have gone against the Joint Committee’s recommendation and the evidence presented by several large companies arguing against stand-alone regulation, although the Government have now seen fit to pursue that. That poses particular problems for enforcement. I am sure the Minister has seen the briefing from the coalition of groups campaigning for change, which states:
“Monitoring of compliance with the provision needs to be taken seriously as this will be central to its success in driving change. We are concerned that the provision is currently weak on how monitoring and enforcement will be undertaken. The Government’s approach relies on a civil enforcement procedure by the Secretary of State, which means that in reality the measure would be unlikely to deter any businesses other than those who would in any case seek to comply on a voluntary basis.”
Sir Andrew Stunell
I thank the hon. Lady for giving way—I hope she will be able to wet her whistle while I speak. Does she agree that the monitoring process could make a start through the anti-slavery commissioner taking a more active role in observing and supervising company reports?
Diana Johnson
The right hon. Gentleman makes a very important point. Time is limited this afternoon, but I hope there will more discussion in the other place about extending the role of the independent anti-slavery commissioner to do exactly what the right hon. Gentleman has said.
In the Minister’s closing remarks, I want assurances that whatever is proposed will apply to all large companies; that the regulations will be detailed enough to allow comparability; and that there will be a clear enforcement mechanism so that consumers, investors and NGOs can see who has complied and know that they can trust the report they have read.
Mr Burrowes
It is a pleasure to contribute to this debate and, in particular, to support the principles in new clause 11. Some good points have also been made about new clause 5. As was evident on Second Reading, the House has coalesced around the principle of providing transparency of supply chains. It has taken a while to get there. I pay particular tribute to the Minister for the work she has done and the leadership she has shown in bringing together the Government in this way. That takes some doing.
The importance of the integrity of basic human rights in supply chains has not been recognised until now, unlike—shamefully, in some ways—the integrity of products in supply chains of hardwood, tobacco and pharma- ceuticals. Today represents a big and important step change in recognising the integrity of those human rights.
New clause 11 covers the principles of accountability and reporting, which are also addressed by new clause 5. We can deal with the qualms and queasiness surrounding burdens by saying that any responsible business will welcome new clause 11 as an empowering measure that can help them disclose any issues and root out slavery.
I accept the point made by the right hon. Member for Birkenhead (Mr Field). When I said that we should name and shame, I did not mean that this is about good guys and bad guys. This is about disclosure. We should take a rounded approach. There needs to be full, transparent disclosure all the way along the chain so that everyone can shine a light to see what is happening and then deal with it appropriately. By shining that light all the way down and up, the most responsible businesses will expose some things that they are not happy about. They will then be able to say, robustly and confidently, “We’ve done that.” We should ensure disclosure by naming those who are disclosing in a proper and full way, and shaming those who are not disclosing, which is an issue of concern.
Once this measure is on the statute book, compliance and enforcement must be effective. From a light-touch point of view, I agree that transparency and accountability can happen through individual company websites, but we need to go further and enable all concerned to access information centrally. That is why I suggested in an intervention that the independent anti-slavery commissioner should have a portal. The responsibility for maintaining it would not be the commissioner’s alone, but people would be able to look at that independent website and see the names of those companies that have complied with the manner, spirit and intention of the statutory guidance. That is important and I think it would help. Given the timing involved with this measure and the need to get the office of the anti-slavery commissioner up and running, it is important that we make progress, possibly through the Home Office website, ahead of any parliamentary processes, including secondary legislation, and give people the opportunity to show that they are very much on the side of full disclosure.
I must say that I have one or two concerns. I am concerned about whether new clause 11 may be unduly complex, particularly in relation to enforcement via civil enforcement injunctions. Are such injunctions to expose the fact that a company is not up to speed on disclosure, or are they to get to the root problem of exposing its supply chain? The provision may be unduly bureaucratic and costly, and it may well not serve the purpose that everyone wants.
Mr Frank Field
Could not other countries follow our lead by simply taking new clause 11 into their legislation?
Mr Burrowes
Other countries could do that, but they have different means of enforcement, which cannot be simply transferred. However, they could certainly take a lead by adopting much of what new clause 11 says.
Sir Andrew Stunell
My hon. Friend has done valiant work on this topic. I agree with him that the enforcement angle needs more attention, but does he not agree with me that new clause 11 takes us a huge step forward? We should congratulate the Government on that, and now invite them to take the next step and get the enforcement right.
Mr Burrowes
I do not want to understate my praise—this is a huge step forward—but we, as legislators, want to ensure that what we approve is really fit for purpose and has the necessary teeth. There are other elements that can be done without legislation: the issue of international corporate governance goes beyond legislation, and it can best be dealt with by sharing good practice internationally.
I will finish on a very positive note. Today, we can say that British law is no longer just concerned about the sustainability of the wood in our furniture, but is more concerned about the freedom and safety of the millions of men, women and children involved in making that furniture.
Mr Frank Field
I, too, want to pursue the theme just followed by the hon. Member for Enfield, Southgate (Mr Burrowes) in congratulating the Government, but drawing attention to just how important new clause 11 is. The Home Secretary made it very plain in her first article in The Sunday Times that she wanted a clause on supply chains in the Bill. I therefore congratulate her, her very able Minister and the person in No. 10 who changed his mind at this very late stage in the Bill’s passage. Heaven rejoices at the sinner who repents even at the eleventh hour, and some credit should go to the Prime Minister for changing his mind on this matter.
My hon. Friend the Member for Kingston upon Hull North (Diana Johnson) has played a valiant role in spearheading our approach to the Bill and has borne all the heat of the day on it. However, I think we all accept, whatever efforts we have put in, that the legislation is the easy part of the process. The next part will be very hard—to get a genuinely mass consumer movement of people who do not buy goods if they are not kitemarked as being free of slavery.
As we draw stumps on this House’s proceedings on the Bill, it is important to commend it, as the hon. Member for Enfield, Southgate has just done—it will not just be a good Bill, but a world leader when it leaves the other place—but the real work will be on enforcement and on convincing consumers that they have the vital job of not buying goods that are tainted by slavery.
Mark Durkan (Foyle) (SDLP)
In following the right hon. Member for Birkenhead (Mr Field), I want to acknowledge the Minister’s efforts in making good the serious deficit in the Bill, but also those of the right hon. Gentleman and many other colleagues during the pre-legislative scrutiny, on Second Reading and ever since. Those efforts by him and the many others who spoke on Second Reading and in Committee have reflected the very strong concern of some of the groups that have worked so hard to support and promote the Bill and that understand the issue so well.
I am one of those who can take yes for an answer, now that the Government have made good on this matter. However, I would say, “Yes, up to a point, but maybe it could be improved.” I believe that the Bill could go further. The hon. Member for Kingston upon Hull North (Diana Johnson), who tabled new clause 5, has shown that there are important issues. The headings given in subsection (3) are clear and useful, and it is right for them to be in primary legislation, rather than left to remote chance by way of secondary legislation.
New clause 5 is also important in what it would do with respect to the Companies Act. I understand what the Minister said about not only using that Act as the way to deal with the problem, but how it brings in very clear corporate responsibilities. In that context, it also highlights relevant professional obligations, which would give real meaning to what the Government and others are trying to encourage in relation to ethical investment, and in relation to the understandings we should all have about any investments—all the new pension provision and everything else—for which we are the source of the money.
The hon. Member for North East Cambridgeshire (Stephen Barclay) has referred to financial services legislation. We have said that more and more needs to be done to ensure full and due transparency in that context. We should complement such provisions in the Bill. I therefore hope that the Minister—I support her new clause 11—can see her way to accepting new clause 5 as well.
I tabled two of the new clauses in this group of amendments. The Minister has addressed new clause 15, but let me point out that throughout the gestation of the Bill, we have been told that it is meant to be world leading. New clause 15 is an attempt to bring in the clear standards in EU directive 2011/36/EU on preventing trafficking in human beings. If the Government are at pains to consolidate and codify much existing law in the Bill and to present it as world-leading legislation, the question arises whether we should not also use it to show that we are at least matching and adhering to international standards and obligations, including EU ones. My clause on the legal liability for the beneficiaries of slavery would be consistent with the EU directive, and I see no reason why we should not explicitly ensure that our legislation is up to that standard.
New clause 14 seeks to go further on questions of the supply chain and sourcing, and the possible use of slavery or exploited labour. We are meant to be discussing world-leading legislation, but the new clause reflects legislation that was introduced 84 years ago in the United States of America. We hear a lot about Californian legislation on supply chains, but the Tariff Act 1930 in America gave power to prohibit the importation of
“goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in any foreign country…by forced labour.”
The new clause is therefore hardly a radical view or innovation, and the Californian legislation—referred to often in debates on the Bill—exists in wider US legislation.
New clause 14 does not just rely on language in the 1930 legislation, which puts responsibility on the Secretary of State at the Treasury to prescribe the necessary regulations, but it also reflects the essence of the code of federal regulations in the United States, which establishes the process whereby anyone can petition the Department of Homeland Security. That explicitly provides for:
“Any person outside the Customs Service who has reason to believe that merchandise produced in the circumstances mentioned is being, or is likely to be, imported into the United States.”
The United States legislation does not guarantee that the state will fully police all those issues, but it indicates that it will respond to legitimate petitions or legitimately presented evidence that gives rise to concern, and that it will act. Legislators in the US have ensured that the state reserves that power to act to prohibit the import of a good.
In the Government’s new clause 11, the onus is—understandably—on companies, which have to be able to show what they are doing regarding their supply chains. We wanted supply chains included in the Bill not as a badge for companies, but as a shield for workers in developing countries and other places—including the UK—who could be exploited. The difference is between this measure being a corporate badge or a shield for human beings. If companies have only to present what they say they are doing, and consumers then make their judgment and choice, why—if we are legislating for company responsibility but also for consumer responsibility and activism—is there still no rule for the state or Government?
New clause 14 clearly states:
“The Secretary of State shall have the power to prohibit the import at any point of entry to the United Kingdom of any good, ware, article, or product mined, produced, or manufactured wholly or in part in any foreign country that can be demonstrably shown to have been produced by slavery, forced labour, child labour or with the involvement of human trafficking.”
By rejecting that new clause we are saying that even if exploitation can be demonstrably shown, we do not want the state or any Secretary of State to be able to act against that. Whether in relation to the T-shirts that were in the newspapers recently, or anything else, we are saying that when such issues are raised, we do not want anybody or any part of the state to have responsibility for saying, “The nature of those products in terms of the quality of the supply chain is clear, but it is nobody’s job to move to do anything other that what companies are inspired to do, or what consumers are mobilised to do.”
Michael Connarty (Linlithgow and East Falkirk) (Lab)
It is a great pleasure to stand up on Report and commend the Government for the progress we have made, but let us be clear that we are a little way along the journey. It is not as if the exploiters of women and children—whether for cheap labour, slave labour or sexual exploitation—are going to quake at the knees because we are passing this Bill, so let us be honest about that. As we try to close the loopholes, increase vigilance, and impose discipline on the trade that the exploiters are involved in, they will change the way they run that trade.
I spent time with the Serious Organised Crime Agency as part of the Government’s great police service parliamentary scheme. It showed us a model that it has drawn up of much of the trafficking that goes on throughout Europe and that it is trying to combat. It looked like a five-dimensional or 10-dimensional spaceship, and had been drawn up by the London School of Economics to show exactly how such organisations work. They are multinational and beyond any discipline; they have no morals and think only about the money at the end of the chain.
In reality, for many people at the “murky” end of the supply chain—that is how it was described by some of the witnesses from whom the Joint Committee took evidence—that is where the abuse takes place. To reach into that is very difficult as we get further and further from the first payment of money from a customer to a company, and the first payment from a company to its supplier, who supplies in a nice neat box with a nice label—it might be a nice T-shirt, for example, that costs £45 but is made by people who get paid 62p an hour and are locked in the factory and not allowed out in case, as the owner said, “They might come back hung-over and not able to work well the next day”. That is what we are dealing with.
We have made some strides, and many people were mentioned in the Joint Committee and the Bill Committee. Some, however, will not be mentioned—the right hon. Member for Meriden (Mrs Spelman) has unfortunately left her place, but she took an interest in this matter and went to see the Secretary of State for Business, Innovation and Skills to talk about the need to include this measure on the supply chain, at a time when we were getting the resistance referred to by my right hon. Friend the Member for Birkenhead (Mr Field). People of good will saw that a Bill that did not refer to supply chains was not in the spirit of the efforts that have been made over the past 10 years by people such as Anthony Steen and the Human Trafficking Foundation, and the EU Parliamentarians against Human Trafficking, who were involved in trying to deal with an international, pan-European and pan-world trade.
When I saw new clause 11, which followed a generous promise by the Minister in the final Committee sitting to introduce a measure on supply chains, I was impressed. It is fairly thorough. There is a lot of bureaucratic writing that I would not necessarily have put into my Bill, not knowing how the mechanisms of the Government’s legislation works in all its depth, but part after part reflects the matters I referred to in my private Member’s Bill in 2012. I thank the Minister and all those who supported that measure for what has been done. We are on a journey and we have a long way to go, even if we pass the Bill and it is effective. We know that there are reservations. They will come up again in the other place to deal with the things that are not dealt with in the amendments and new clauses tabled here.
Gareth Johnson (Dartford) (Con)
The hon. Gentleman makes a valid point that some people will seek to avoid the provisions, but does he accept that that is the case with all forms of criminality, and that the Bill gives us a platform, for the first time, to tackle some of the worst cases of modern-day slavery?
Michael Connarty
I have absolutely no reservation in supporting that as a principle. We are doing the right thing. We have set together a number of pieces of legislation in the Bill that will deal with those who will wish to avoid its provisions, and I will mention some of the measures in new clause 11 that I think are effective and welcome.
I am glad that Government amendment 62 says there will be an affirmative resolution for regulations, because it is right that we will go into a Statutory Instrument Committee with them, and that we are given the chance to debate them with the Minister. I will mention some of the things I hope we will discuss when we get there.
New clause 5, which was tabled by my hon. Friends on the use of the Companies Act 2006, is something we should look at, because it is right. The hon. Member for Enfield, Southgate (Mr Burrowes) made the point that we need as many tools as possible as well as the court of public and business displeasure when people do not act as we want. Therefore, we should look at how we can put some firmer things in the Bill, but I think that the big change in the Government’s thinking is to be welcomed, because they are using the principle of the California Act, which is much wider than the Companies Act.
By the way, I notice that the British Retail Consortium wants to include smaller companies. When I introduced my Bill, I used the figure of £100 million. In California, the figure was $100 million, and my amendment used £60 million, which is the equivalent. Clearly, quoted companies under the Companies Act are likely to be well outwith that in size. We want to respond to that and use the same reporting structures as the Act would use.
I tabled amendment (a) to new clause 11 because we should look at international standards. I have respect for the Secretary of State and the civil servants who advise her, but international organisations have looked at the issues again and again. In my Bill, I had a reference to the 1999 International Labour Organisation convention No. 182, which is about the definition of the worst form of child labour, because there can be difficulties with that in other countries.
I will tell a quick tale. When I was 10, I went out and found a job as a milk boy. I wanted to go out and become useful to my family. My brother had a job delivering rolls. I got 10 shillings—50p now—and about 1 shilling and sixpence in tips a week. I walked from the centre of town home and gave my mother 11 shillings and sixpence for the family budget. There were five of us and basically one labourer’s wage. It was not easy to survive. Was that child labour? I did not feel exploited. I loved it—I loved every bit of it. I am sure it is why I am so healthy now in my older age. I ran and ran, and perhaps built up the infrastructure for a long life. It was great and I loved it.
In other situations, people say, “If a woman takes a child with her when she is making bricks in India, at what age does that become a breach of child labour? When is that child able to contribute to a very low family budget and when do they want to do so?” The ILO has looked at those questions but we have not looked at them in great detail in the House. Hopefully, the ILO’s considerations will be used in the recommendations made under new clause 11(8), which is about giving guidance on the information that should be reported.
There is a bit missing from this Bill that was in my Bill: my clause 3 said that there should be some way of ensuring that the company that is found to use such labour provides assistance and protection for the victims of slavery. The guidance should continue that. It should say what a company should do as a benchmark. We should not just say, “We’ll not use that company any more,” but do something about it.
Mention was made of consumers. When I went around talking to people in supermarket networks—Mumdex is in many supermarkets in my area—they had a concern about slavery and the things that bothered their conscience, but they said, “If you’ve got four or five kids coming up to the summer, you buy the cheapest stuff you can get that is going to last the summer, because most of it’s going to be thrown in the bin by the end of the summer anyway. It is the company’s job to make sure I am not buying something that is contaminated by slave labour.” That is totally right. Perhaps some people who go up the high street and buy very highly priced goods ask themselves about that, but most people in my constituents’ environment will not.
I therefore welcome new clause 11(9). It is fantastic to see. If hon. Members read what is on the net about the Bill, they will see that people in Scotland think it has nothing to do with them. They think it is an English Bill. People should look at the new clauses to realise that it is a trans-border, transnational Bill. Subsection (9) states that people in Scotland can take an organisation to the Court of Session to enforce the fact that it is not carrying out the duty in the Bill. That will be very welcome.
I do not know whether the new clause covers Northern Ireland—I had that question in mind because it does not mention Northern Ireland. Do people there go to the Court of Session? Where do they go? Do people in Northern Ireland go to the High Court in England if they feel that a company in Northern Ireland is not doing something they should be doing? I am grateful to the Minister for including Scotland. That is an important measure.
We are making progress and I welcome the proposals. I hope the Government are listening when the Bill goes to the other place because they could add other things to it.
Jim McGovern (Dundee West) (Lab)
I, too, was a milk boy, and a butcher’s boy and a paper boy, in my younger days. My hon. Friend has raised the subject of tips many times over the years. My wife and I booked a cruise two years ago through a British travel agent company. The cruise sailed from Southampton. When we spoke to the staff on the cruise, they said they did not receive any wages, and that they only got tips. If that is not modern slavery, I do not know what is. I was not fortunate enough to be on the Joint Committee. Does the Bill cover that?
Michael Connarty
I could not quote the legal detail, but I would think that if a company based in the UK did things like that, it could be taken to the Court of Session in Scotland or the High Court in England and found not to be complying with the law.
As a Scot and as an economist, I read Adam Smith’s “Wealth of Nations”. It talks about comparative advantage, but before that, he wrote a document about the morals of competition. The good thing about the Bill is that it says, “We believe in competition.” We are not talking about pricing people out of the market entirely. We are saying that it must be morally justifiable as well as economically justifiable.
I want to finish with a response to one of my constituents, who, when it was reported that we were discussing the Bill, wrote in an e-mail blog: “What’s that got to do with creating employment in Scotland and your constituency?” The reality is that, if we can stop people using cheap labour, and particularly slave labour at the worst end, we give British companies the chance to compete better. That is why the BRC is behind the Bill. If there is a voluntary code, the bad companies just will not comply, whereas if there is a mandatory code and if we can take people to law to enforce it, everyone must do the right thing or be held to account.
Karen Bradley
I will not detain the House for long as we have other matters to come on to, but I want to make a few closing remarks.
This has been a very good debate and I am very grateful to all right hon. and hon. Members who have contributed to it. I think we can safely say that all those who have made contributions are great campaigners on this issue. They all deserve credit for getting us to this point, and they have changed the views of so many.
Stephen Barclay
I am sure the Minister is aware that one of the common tactics used by banks when subject to regulatory action is to get rid of middle management, settle with the regulator at the earliest opportunity and profit from the 30% discount as a way of mitigating the fact that they have been caught out by enforcement breaches without actually changing their culture. Is there not a risk of the same thing happening with these injunctions?
Karen Bradley
I hope that businesses will act in a way that deals with this problem. That is what businesses told us they want to do. They want to ensure there is no slavery in their supply chains, and consumers and others want to see that too. I hope that will be the case.
Mark Durkan
On consumer action, what are the Government’s intentions with regard to public procurement, because the public purse will be a significant consumer? On sourcing and supplying, will there be a Government public procurement standard for companies?
Karen Bradley
I addressed that point briefly in my opening comments, but I will come on to it again in a moment. I will just finish the point about enforcement.
The courts can force companies to disclose, but that is different from the issue that some companies may make disclosures that consumers, shareholders and campaigners feel show that inadequate steps are being taken to eliminate slavery from supply chains. The courts can act if no disclosure is made, but there is action that civil society can take if it feels that companies are not making appropriate disclosures. The Government believe it is for civil society to put pressure on businesses that are not doing enough to eliminate modern slavery from their supply chains. The Government’s new clause makes this as easy as possible by ensuring that disclosures are easily accessible. The link to disclosure must be in a prominent place on a business’s website home page.
Before coming on to public sector procurement, I would like to address the concerns expressed by the hon. Member for Foyle (Mark Durkan) on the extent of the new clause. I can confirm that the new clause on supply chains will apply to England, Wales, Scotland and Northern Ireland. This is made plain by later amendments to be taken later. I want to put it on the record that I am grateful to the Northern Ireland Executive and all the devolved Administrations for the excellent work we have done together to ensure that this provision can extend to the entire UK. He will know, from our discussions in Committee, that there were points on which we needed agreement—not just on this matter, but on many others as well. I am pleased that we have made so much progress. It was important throughout that this was not Westminster imposing on the devolved Administrations. Action has been taken because the devolved Administrations wanted to take that action.
On public sector procurement, all public sector suppliers are required to comply with applicable law, including relevant human rights and employment rights law. UK public procurement policy is that social, environmental or ethical issues can be taken into account in the procurement process where that is relevant, proportionate and non-discriminatory. We expect public sector procurement to be as transparent as other procurement, which is covered elsewhere. We will consult on this matter, and I encourage people who are concerned to respond to the consultation. It should be noted that whatever action is taken will be taken only following the affirmative procedure to ensure that Parliament has its say. We will ensure that points are put forward.
Sir Andrew Stunell
The Minister speaks very well on Parliament giving affirmative support to these proposals. Does she envisage that being given before the first week of May next year? [Interruption.]
Karen Bradley
The shadow Minister makes the point that perhaps that needs to be by the end of March, if the right hon. Gentleman is asking whether it will happen before the general election. I cannot answer that question at the moment. Perhaps I could write to him on the specifics.
I am delighted that new clause 11 will amend the Bill to include the measure on transparency in supply chains that so many have worked so tirelessly for, for so long. I hope right hon. and hon. Members will not press their amendments to a Division. I look forward to this measure being part of the world-class Bill we all wish to create.
Question put and agreed to.
New clause 11 accordingly read a Second time, and added to the Bill.
New Clause 3
Offence of child exploitation
‘(1) A person commits an offence if they exploit a child.
(2) It shall be such an offence even if there was no threat or use of violence, other forms of coercion, deception or any abuse of a position of vulnerability.
(3) A child may be in a situation of exploitation whether or not—
(a) escape from the situation is practically possible for the child; or
(b) the child has attempted to escape from the situation.
(4) The consent or apparent consent of the child to the exploitation is irrelevant.
(5) “Child Exploitation” includes but is not limited to, the exploitation of the prostitution of others or other forms of sexual exploitation; the exploitation of labour or services including begging or practices similar to slavery, servitude or forced or compulsory labour; the exploitation of or for criminal activities including benefit fraud; the removal of organs; forced or servile marriage or enforced surrogacy; exploitation for unlawful adoption; and exploitation by enforced drugs smuggling, manufacture, production or distribution.”—(Diana Johnson.)
Brought up, and read the First time.
Madam Deputy Speaker (Dame Dawn Primarolo)
With this it will be convenient to discuss the following:
New clause 4—Offence of exploitation—
‘(1) A person commits an offence if they exploit a person by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or abuse of a position of vulnerability, or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person.
(2) A person may be in a situation of exploitation whether or not—
(a) escape from the situation is practically possible for the person; or
(b) the person has attempted to escape from the situation.
(3) The consent or apparent consent of the person of the exploitation is irrelevant where any of the means set forth in section 9(1) has been used.’
New clause 24—Human trafficking—
‘(1) Any person who for the purpose of exploiting a person or persons—
(a) recruits, transports, transfers, harbours or receives a person including by exchange or transfer of control over that or those persons;
(b) by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or abuse of a position of vulnerability, or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person,
commits an offence of human trafficking.
(2) The consent or apparent consent of a person to the acts referred to in subsection 2(1)(a) or to the exploitation shall be irrelevant where any of the means set forth in subsection 2(1)(b) have been used.’
New clause 20—Control of assets related to modern slavery offences—
‘(1) In section 40 (Restraint orders) of the Proceeds of Crime Act 2002 after subsection (9) insert—
“(10) In the case of an investigation or prosecution under the Modern Slavery Act the court shall presume that the alleged offender will dissipate his assets unless restrained.”
(2) The Secretary of State shall within six months of this Act coming into force bring forward regulations to—
(a) presume a freezing order will be granted within 24 hours in respect of assets where the court is satisfied that—
(i) there are reasonable grounds to suspect that some of those assets have been obtained as a result of an offence under this Act, and
(ii) those assets are over and above those reasonably required for living and business expenses.
(b) confer on the police power to issue a notice on financial advisers and institutions placing a duty of care on those institutions in respect of movement of assets that might hinder an investigation into an offence under this Act.
(3) The Chancellor of the Exchequer shall within six months of this Act coming into force bring forward regulations to provide that assets recovered in respect of an offence under this Act shall be paid to one or more of—
(a) the police and/or,
(b) the Gangmasters Licensing Authority, and
(c) the victim or victims of the offence.
(4) The court will require an asset declaration from anyone subject to a restraint order within 24 hours in respect of any financial interests in assets held in whole or in part in the United Kingdom and in overseas territories. In the event of a false declaration, this will be treated as an aggregated factor in the setting of any future penalty.
(5) Regulations under this section shall be made by statutory instrument and shall not be made unless laid before in draft and approved by both Houses of Parliament.’
New clause 21—Civil remedy—
‘(1) An individual who is a victim of an offence under section 1, 2 or 4 may bring a civil action against the perpetrator in the County Court and may recover damages and reasonable legal costs.
(2) For the purposes of subsection (1) “damages” shall include the greater of the gross income or value to the defendant of the victim’s services or labour or the value of the victim’s labour as guaranteed under the national minimum wage guarantees of the National Minimum Wage Act 1998.”
This provision creates a civil remedy for victims of trafficking, to allow victims to pursue a civil claim for compensation directly from the trafficker in the absence of a criminal prosecution.
Amendment 132, in clause 1, page 1, line 12, at end insert—
‘(c) the person exploits another person within the meaning of section 3(4), (5) or (6) of this Act and the circumstances are such that the person knows or ought to know that the other person is being exploited.”
Amendment 135, page 1, line 12, at end insert—
‘(1A) For the purposes of this Act—
(a) it is irrelevant whether a child consents to being held in slavery or servitude; and
(b) a child may be in a condition of slavery, servitude or forced or compulsory labour whether or not—
(i) escape from the condition is practically possible; or
(ii) the child has attempted to escape from the condition.”
Amendment 136, page 1, line 12, at end insert—
‘(1A) For the purposes of this Act—
(a) it is irrelevant whether a person consents to being held in slavery or servitude; and
(b) a person may be in a condition of slavery, servitude or forced or compulsory labour whether or not—
(i) escape from the condition is practically possible; or
(ii) the person has attempted to escape from the condition.”
Amendment 133, page 1, line 17, after “labour”, insert “or is being exploited”
Amendment 143, page 2, line 3, at end add—
‘(5) The consent or apparent consent of a person to the acts referred to in subsections 1(1)(a) or 1(1)(b) shall be irrelevant.”
Amendment 152, page 2, line 4, leave out clause 2.
Amendment 134, page 2, line 30, clause 3, at end insert—
‘(1A) For the purposes of section (1) a person is exploited only if one or more of subsections (4), (5) or (6) of this section apply in relation to the person.”
Amendment 151, in clause 7, page 4, line 30, at end insert—
00 “Proceeds of Crime Act 2002
In section 69, subsection (2) of the Proceeds of Crime Act 2002, after “debt owned by the Crown”, insert—
“(e) in the case of an investigation or prosecution under the Modern Slavery Act the court must presume that the alleged offender will dissipate his assets unless restrained.””
Amendment 138, in clause 41, page 29, line 29, at end add—
‘(9) A child is not guilty of an offence if—
(a) he or she was under the age of 18 when the act which constitutes the offence was done; and
(b) the offence was integral to or consequent on the trafficking, slavery or exploitation of which he or she was a victim.”
This amendment aims to ensure a child victim of trafficking is not obliged to prove they were compelled to commit an offence before being able to access the protection of the statutory defence in line with international standards.
Diana Johnson
New clause 3 and new clause 4 seek to introduce specific offences for child and adult exploitation, and I would like to test the opinion of the House at the appropriate time.
The Bill fails to cover cases of severe labour exploitation, and many recent high profile cases show we need specific laws to tackle it. New clause 3 would also help to stop workers being exploited and paid below the minimum wage, which is often a driving force behind local businesses being undercut by unscrupulous employers. The new clause would be a historic measure that would, for the first time, make the exploitation of workers, adults and children an offence. Importantly, it also addresses what has been described as “a lacuna” in the Bill, which fails to recognise the specific nature of exploitation of children in the UK and fails to address the issues that have led to so few successful prosecutions for child trafficking and slavery. This grouping incorporates a series of amendments from all parties with a common aim—to enable more prosecutions for trafficking, slavery or exploitation. This is exactly in line with what the Minister said repeatedly in Committee about getting more prosecutions.
At this stage, the Opposition are focusing specifically on the offences of exploitation, even though in Committee we tabled or supported many of the other amendments that have been tabled today. We support their aims and hope to return to them in the other place.
The Government claim that the Bill will enable more prosecutions. To do so, it transposes existing offences from three pieces of legislation into a single Bill. The Bill maintains the current offence of holding someone in slavery and merges two existing offences of human trafficking into a single offence of human trafficking. To secure a prosecution for human trafficking, it is necessary to show that X was trafficked and that this trafficking was done for the purposes of exploitation. It is important to stress that, because nothing in the Bill deals with the structures of these offences or the very high threshold needed to get convictions. In short, I do not think there is anything here that will enable more prosecutions.
Stephen Barclay
Is the hon. Lady as surprised as I am that, as far as I am aware, only one person has ever gone to jail for breach of a Gangmasters Licensing Authority offence? Does that speak to the high hurdles to which she alludes?
Diana Johnson
The hon. Gentleman makes a very important point. We shall discuss the GLA later, but the hon. Gentleman’s point shows why we need to think again about the offences in the Bill and how we can make them stronger to ensure that we get more prosecutions.
Sir Greg Knight (East Yorkshire) (Con)
Does the hon. Lady agree that the offence of exploitation ought to be committed even when the threat of force is against someone other than the person being exploited—against a relative of the person who is being exploited, for example?
Diana Johnson
The right hon. Gentleman makes an important point, which should perhaps be debated more fully in the other place. I absolutely agree that this is a strong point that needs to be considered.
Returning to the low number of prosecutions, in 2011-12 there were 15 prosecutions for slavery offences, but no convictions. Since the introduction of the offence, there has shockingly never been a prosecution where the victim was a child. In 2011, there were 150 prosecutions for trafficking offences, but only eight convictions. To put those figures in context, in 2013 the national referral mechanism received 1,746 separate referrals of cases of human trafficking, 432 of them involving minors. The UK Human Trafficking Centre identified 2,744 victims of human trafficking last year, 600 of whom were deemed to be children.
Sir John Randall
One problem—not necessarily about the offences per se—is getting the victims to bear witness and testify against those who trafficked them. Victims’ fear is one reason we are not getting successful convictions, and we need to do more for them.
Diana Johnson
I absolutely agree with the right hon. Gentleman about the need to ensure that victims feel able to come forward and give evidence against those who have trafficked them, but I still think that we need to get the offences right and ensure that the offences are fit for purpose—an argument that I shall develop.
The new clause in the name of my hon. Friend the Member for Sheffield Central (Paul Blomfield) is designed to address some of the structural problems with the drafting of the trafficking offence, and I want to put it on record that we fully support it. The amendments tabled by the hon. Member for Enfield, Southgate (Mr Burrowes) are designed to clarify the law on slavery to enable more prosecutions. I am sure that he will speak eloquently to those amendments. Again, we support what he is trying to achieve in principle.
Sir Edward Garnier (Harborough) (Con)
The Modern Slavery Bill recognises our obligations under article 4 of the European convention on human rights and the 2005 European convention on action against trafficking of human beings, both of which will have informed section 71 of the Coroners and Justice Act 2009, which made it an offence to hold a person in slavery or servitude or to require them to perform forced or compulsory labour.
This Bill will replace section 71 of the 2009 Act but I believe there is a further and somewhat different menace that needs our attention. New clause 4 comes close to identifying it, which is why I have put my name to it. I am not sure that I can follow the hon. Member for Kingston upon Hull North (Diana Johnson) into the Lobby if she does force a Division on the new clause, and I suppose I am being somewhat disingenuous as I am using the new clause as a peg to talk about this further and different menace.
I want to urge upon the Government a few thoughts of my own on the subject of exploitation of vulnerable people. We have laws to protect children and those under a mental incapacity through intellectual impairment or disability or the effects of old age. We can prosecute those who take old and frail people's money through fraud and deception, but we leave unprotected adults who may succumb to pressure exerted upon them by others of malevolent intent but whose exploitative activities currently do not come within the criminal law.
I have in mind some young adult women whose experiences have been brought to my attention by their parents and families, some of whom have contacted other right hon. and hon. Members. In essence they have been brainwashed—I use the term unscientifically—or suborned by quack counsellors who have persuaded them to break off all contact with their parents and siblings and to pay them fees for the so-called counselling. Some of these young women are well-off and, I assume, suggestible but all of them for no apparent reason have broken off all contact with their families.
France and Belgium now have laws to criminalise the behaviour of these predatory charlatans—these quacks—who exploit others in a state of emotional or psychological weakness for financial or other gain. It must be assumed that these laws do not conflict with those articles of the ECHR that protect the rights to private and family life, to freedom of expression and to association or religion.
France has made it an offence to abuse the ignorance or state of weakness of a minor or of a person whose particular vulnerability due to age, sickness, infirmity to a psychological or physical disability or to pregnancy is apparent or known to the offender, or to abuse a person in a state of physical or psychological dependency resulting from serious or repeated pressure or from techniques used to affect his judgment in order to induce the minor or other person to act or abstain from acting in any way seriously harmful to him. That is punishable by three years’ imprisonment and a fine of up to €375,000. Where the offence is committed by the legal or de facto manager of a group that carries out activities, the aim or effect of which is to create, maintain or exploit the psychological or physical dependency of those who participate in them, the penalty is increased to five years’ imprisonment and to a fine of €750,000. I hope the House will forgive my somewhat inadequate translation of the French into English. But that is what the law says in France.
I accept that to create a new law as outlined by new clause 4 will not be easy but that is not a good reason not to try if the idea is a sound one. I can see that this short debate is not the best place to do this, but may I set out one way of considering whether any proposed offence will work by looking at the following questions? Is it prosecutable in theory and in practice? Can each of the elements of the offence be proved in a real life example? Does the measure deal with the mischief that is identified, and will it catch no one else? How will it affect partners, husbands, wives, teachers, gurus, salesmen, priests and employers, all of whom are likely to have power and influence? Will it allow the mentally capable who decide to give their fortunes away and leave their families to do so? Will it make sufficiently clear what is criminal behaviour and what is not? Will it comply with the European convention on human rights? What effect will it have on religious freedom or freedom of expression or association? That is unquestionably where we shall encounter the greatest controversy, because I suspect that it will not be enough to say that the measure does not outlaw any particular doctrine. If it is used to curtail a religious practice, freedom of religion will clearly be affected.
I have attempted to break the potential offence into a number of component parts or elements so that we can—or, I hope, the Home Office can—better construct the offence that is proposed in the new clause. I wish to criminalise behaviour that is characterised by four factors. The first is persistent or repeated pressure on a person. We shall need to be more specific about what constitutes pressure, and about the techniques employed. We shall also need to consider such questions as whether someone has a pre-existing weakness that can be exploited, or is of ordinary firmness but then becomes enfeebled or vulnerable by virtue of the exploitative pressure. The French law which I mentioned earlier specifies two offences: fraudulently taking advantage of someone who is already weak, and pressurising someone who thereby becomes weak.
Madam Deputy Speaker (Dame Dawn Primarolo)
Order. I remind Members that, as a result of the timetable set by the Government, the debate on this group of amendments and new clauses must end at 4 pm, and I must allow time for the Minister to respond. I should be grateful if Members would bear that in mind when making their speeches.
Paul Blomfield (Sheffield Central) (Lab)
I will indeed bear that in mind, Madam Deputy Speaker, and will speak briefly, although I think that the issues that I wish to raise are fairly substantial. While I agree with all who have congratulated the Members on both sides of the House who have brought us to this point, I think that there is still a lack of action on key issues, and that the Bill, as it stands, falls a long way short of providing justice for victims of slavery.
There are three core gaps in the Bill. First, we need to get the definitions right, which is the aim of my new clause 24. If we do not do that, we shall risk leaving open legal loopholes that will allow traffickers to thrive. Secondly, the Bill must deliver for victims, which is the aim of new clause 21. Thirdly, there are issues in relation to prevention, which I hope to address later in the debate around new clause 1.
The definition of human trafficking was established in an internationally binding treaty and was integrated into the national laws of some 134 countries. That definition brings with it significant victim protection and a comprehensive framework for addressing trafficking, which is why I propose that we return to that in new clause 24. Unlike the international definition of trafficking, the trafficking provision in this Bill does not criminalise the “harbouring” or the “reception” or the
“exchange or transfer of control”
of victims or even the “recruitment” of victims where those acts do not involve the arrangement or facilitation of travel. We should recognise that there is a real problem in cases involving large criminal networks where different people take different roles in the trafficking process. There is also a problem where victims arrange their own travel into and around the UK and to the site of exploitation, as often occurs when individuals are deceived about work conditions or conditions deteriorate over time. The Bill’s definition, which is narrowly focused on the movement of victims, adds nothing but confusion and will let traffickers off the hook for the crimes they commit, as my hon. Friend the Member for Kingston upon Hull North (Diana Johnson) pointed out.
Let me turn briefly to the purpose of new clause 21. In its current form, it is hard to see what this Bill would provide for the 40 Hungarian men found last year living in squalid conditions and forced to work for less than £2 a day in a mattress factory in Dewsbury, west Yorkshire. The men were barely surviving on limited food. They were crammed into a two-bedroom flat and threatened with violence if they resisted. They were exploited by gangmasters who supplied their forced labour to a factory run by the bed manufacturer KozeeSleep, which provides its products to some of our major national retailers.
Those victims of human trafficking have a right to compensation for the appalling wrongs that have been inflicted upon them. Clauses 8 and 9 include provisions for reparation orders to be made in cases where the perpetrator is convicted and a confiscation order is made, but from 2011 to 2013 only 252 trafficking and forced labour cases were prosecuted, and just 78 of them—less than a third—resulted in convictions. Not only are conviction rates low, but compensation orders are rare. The Government do not keep statistics on this, but we know from victim support providers that they are few and far between. I have tabled new clause 21 to allow victims themselves to bring civil claims in the county court, to seek compensation directly from the trafficker—not from the public purse—in the many cases where a criminal prosecution has not been possible. A similar provision is currently in use in the US Trafficking Victims Protection Reauthorization Act 2003, and is frequently used successfully to secure compensation for trafficking victims.
These steps are essential to get a Bill that makes a difference to the lives of victims. We must get the very foundations of this Bill right by aligning our definitions with international law and, where people are exploited, making absolutely sure that they are compensated for the abuse suffered. I recognise that we may not get that through agreement on these amendments today, but I hope that these issues will be addressed when the Bill is debated in another place. These measures, together with real action on prevention, can make the difference between a Bill that will deliver headlines and a Bill that will deliver justice.
Stephen Barclay
The official figures for this year showed that more people were trafficked for labour exploitation than for sexual exploitation. The crux of that is money, and new clause 20, which is supported by the right hon. Member for Birkenhead (Mr Field) and my right hon. Friend the Member for Uxbridge and South Ruislip (Sir John Randall), seeks to identify how we can make it easier to recover money from criminals and strike at the heart of what is driving this trafficking trade.
There are two reasons why at present we recover so little from this organised crime. According to the National Audit Office and the Public Accounts Committee, we currently recover just 23p in every £100 that is identified as criminal assets. That has two results. First, increased pressure is placed on law enforcement agencies when, at a time of austerity and many other demands, investment in forensic investigators is often not a priority. The second reason relates to the high hurdles relating to evidence, which create a disincentive for the Crown Prosecution Service to apply for restraint orders. If there is insufficient evidence, the CPS can incur costs through losing an application. The resulting delay in freezing assets often means that they can be difficult to trace and expensive to identify. The Joint Committee has looked at this matter.
The new clause seeks to make it easier to freeze assets within the first 24 or 48 hours. I know that my right hon. Friend the Member for Uxbridge and South Ruislip has spoken in the House previously on the merits of that, and of learning from the example in Italy. Amendment 151 seeks to achieve that in relation to the presumption about criminal assets being dissipated post-arrest. We need to give the police a clearer incentive to invest in forensic investigators. If I were a chief constable, why would I make such an investment this year if I knew that it would take several years to recover the money, and that if the money were recovered, the Home Office would take 50% of it? We need to change that. We need to overcome the objections of the Home Office and the Treasury so that those who carry out the investigations are those who benefit from the assets that are secured, once the victims have been compensated.
We also need to place a higher duty on financial advisers. At the moment—I say this having worked for such an institution—it is very easy to hide behind a suspicious activity report. In essence, that report is a defensive mechanism, and more than 350,000 are filed with the Serious Organised Crime Agency each year. At the point of an arrest following an investigation by financial investigators, a higher duty should be placed on financial institutions, should they then choose to move the assets in question. We should freeze any assets over and above those that are required for reasonable living and business costs, so that money can less easily be moved offshore. We should also require an asset declaration that could be used to demonstrate an aggravating factor, should assets that had not been declared be discovered following further investigation.
There is a suggestion from the Home Office that some of these issues will be addressed in the Serious Crime Bill, but it is clear that it will not address many of the matters that have been raised in the Joint Committee and by Members here today, so I hope that the Minister will look again at the extent to which the measures in this Bill that relate to the financial proceeds of crime can be strengthened so that we can tackle the root cause of the problem—namely, the funds.
Mr Frank Field
I also wish to speak on that theme, Madam Deputy Speaker. I know you will be pleased to hear that we will not press the matter to a vote, but we hope that the Minister will pick up the idea and translate it into effect in the other place. The change involved would be quite simple. The whole House agrees that we want to get more money back from these evil people. At the moment, we can start the process of freezing assets on the day the investigation begins. However, we have to prove that the person with the assets is likely to dissipate them around the world. The proposed change would mean that any agency attempting to freeze assets under the provisions of this Bill—which I hope will soon become an Act—would not be required to meet any threshold of proof that the person would otherwise dissipate them. That would make a huge difference to the number of people we hope will be prosecuted, as they could then have their assets frozen. There would then be a ready source of moneys with which the Government could make good on their wish to compensate the victims of slavery. Also, as my hon. Friend the Member for North East Cambridgeshire (Stephen Barclay) —as I call him on many of these occasions—has pointed out, those moneys could be used to help to pay for the policing involved, which would make the provisions of the Proceeds of Crime Act 2002 more effective.
Madam Deputy Speaker (Dame Dawn Primarolo)
Before I call Mr David Burrowes, I must ask him to bear it in mind that we have one more speaker on this group of amendments. If he and Mr Durkan could each speak for about four minutes, that would give the Minister time to reply before 4 o’clock.
Mr Burrowes
I rise to commend my hon. Friend the Member for North East Cambridgeshire (Stephen Barclay), particularly for his new clause 20, which I support. Many have said that we need to follow the money, but we also need to recover it and ensure that it gets to the right places, not least law enforcement agencies. I am aware from previous discussions about proceeds of crime that it becomes a territorial issue, not least within the Government. It is important, and it is very much in the Minister’s and Department’s self-interest, to ensure that the money is recovered and that it goes where we want it to in law enforcement. So I very much commend the purpose of the new clause.
I will speak briefly to amendments 132, 133 and 134, continuing the debate we had in Committee about the importance of recognising and prosecuting exploitation, whether or not a person has been trafficked, and where the form of exploitation cannot be construed as slavery, servitude or forced labour. I will not go over old ground. I am grateful for the Minister’s letter following the debate, where she sought to reassure the Committee that such situations are covered by the definition of “forced labour” in European Court of Human Rights case law and the Court’s understanding of that as “all work or service.” My concern is that we should not just rely on European jurisprudence and we need to take the opportunity to have clarity in the Bill, not least for front-line officers, who are trying to use all the tools in the box. We will have the guidance that the Minister says is going to come, but we need greater clarity on the wider understanding of “exploitation”.
The Minister also provided reassurance by saying that situations of begging, benefit fraud and petty criminality can be covered by prosecution for other offences. I hear that, but I have concerns relating to those other offences, not least those involving assisting or encouraging another offence, for example, begging or theft. That would mean that to prosecute exploitation we would be relying on construing the victim not as a victim, but as an offender, aided or encouraged by their exploiter. We recognise that the victims are the victims, and we need to ensure that “exploitation” covers the entire range of modern day slavery. Further work can be done on that, perhaps in the other place. She also said that other penalties can be attracted, but I am not convinced that they are sufficient, given the nature of these offences. So I ask for further consideration of a wider construction of “exploitation”. We also need to ensure, as my proposal seeks to do, that that construction covers the nasty exploitation of children. We have the definition of exploitation in clauses 3(5) and 3(6) and this is about widening the construction in the way that the Minister and all of us want, particularly in relation to children.
Finally, I wish to flag up the issue of consent. That is a live issue, where work still needs to be done. We all agree on the law; the issue is whether it should be explicit in the Bill, avoiding the Minister’s concerns about it getting in the way of prosecution and about relying on evidence where consent is an issue, but making it clear that what we all say—
Sarah Teather (Brent Central) (LD)
We have no time, but I just want to put on the record that I agree with the hon. Gentleman.
Mr Burrowes
I thank the hon. Lady very much. I am sure we can find a way of putting in the Bill our understanding that consent is irrelevant here, particularly in relation to children. As for what is in case law, let us get a form of words in the Bill that ensures that we increase the prosecutions for slavery, particularly in relation to children.
Mark Durkan
The hon. Member for Kingston upon Hull North (Diana Johnson) referred to my amendment 138, which is mainly what I wish to address. However, I fully endorse what the hon. Member for Enfield, Southgate (Mr Burrowes) said about the amendments standing in his name and the wider issue of consent, which is also touched upon in amendment 143.
Amendment 138 aims to make good a clear deficit in the Government’s provision in the Bill for a statutory defence. That defence is inadequate and certainly is not fit to deal with the position of children. The amendment seeks to change that so that child victims of trafficking would be fully protected. Clearly, children have already suffered if they are detained in the process, and if they find themselves subject to a prosecution or even the speculation about a prosecution. That becomes traumatic for children who have come through trafficking, slavery or exploitation, as it would for any victim. So it would be wrong to have a requirement that children have to show that there was compulsion—that should not exist in law. The presence of any other means including compulsion should be irrelevant when defining a child as a victim of trafficking or exploitation. Children in such a situation will be frightened, confused and traumatised. They should not face further isolation and distress and all the other psychological pressures as they go through what will be to them a fairly unknown process.
Despite the Crown Prosecution Service guidelines, children are still prosecuted. It should be an imperative for us in this legislation to stop that occurring in the future, and this Bill provides us with an opportunity to do that.
I point out to the Minister that in July the UN Committee on the Rights of the Child urged the Government, in relation to trafficked children and to all children covered by the optional protocol on the sale of children, to establish
“a clear obligation of non-prosecution in the criminal justice system and ensuring that [children] are treated as victims rather than criminals by law enforcement and judicial authorities.”
Basically, that is what amendment 138 tries to do; it tries to bring the Bill up to that standard. However, I recognise that there is the wrinkle in relation to schedule 3, and for that reason amendment 138 addresses a very important issue that needs to be considered further. I will not be pressing the matter to a Division, because, as the hon. Member for Kingston upon Hull North has said, there is an outstanding issue in connection with it.
Karen Bradley
I am grateful to all Members for tabling and speaking to a number of amendments that relate to the offences set out in clauses 1 and 2, the ability to seize the assets of those convicted of offences and the defence for victims who are compelled to commit an offence, as outlined in clause 41.
We had a thorough, detailed and lively debate on the offences and their practical application in Committee. I am extremely grateful to all Members of this House and others who have contributed to the debates on the offences and have made their thoughts known to the Government to enable us to continue our thinking.
I made it clear in Committee that the Government’s approach is to consolidate and simplify existing offences into a single Act, which will make it easier for law enforcers to understand. We want to see clear offences that can be used effectively by prosecutors and others to convict serious criminals who will now face a potential life sentence.
The offences in the Bill deliberately tackle serious criminal conduct that can be said to amount to modern slavery. Given the time available and the amount of discussion that we have had, I want to put it on the record at this stage that the Government continue to listen to all points that are made on this matter. We want to ensure that we reflect the concerns that have been raised and that we have clear and simple offences that achieve the convictions that we all want. Members should remember that we are looking here at international conventions and protocols that are written in civil law, which is a different type of law. Putting them straight into UK common law sometimes creates unintended consequences, and I am keen to ensure that we do not do that.
Clause 1 targets those who hold a person in slavery or servitude or who require another person to perform forced or compulsory labour in this country, without any requirements for movement. The clause 2 offence targets a different type of wrongdoing, which is the movement of human beings with a view to exploiting them. That different type of wrongdoing has been the subject of international legal instruments such as the Palermo protocol and the EU directive. That is fully justified because we know that there is an international and national trade in human beings. It is right that we have a separate offence targeting those involved in the movement of people to be exploited, and that is what this offence achieves.
These measures are part of a wider strategy to improve the law enforcement response to modern slavery, and to increase the number of successful prosecutions. Let me highlight that there is no magic bullet by which we can transform the situation simply by amending the technical definition of the offences. The Committee heard from the Director of Public Prosecutions that the offences set out in this Bill are clear and welcome. However, the issue is often not the definition of the offence, but getting the evidence required for a conviction, which is a point that was made by my right hon. Friend the Member for Uxbridge and South Ruislip (Sir John Randall).
I want to touch on the Kinsella case, which the shadow Minister raised. We discussed a number of cases in Committee. It is important to put it on the record that the offenders in that case were convicted of false imprisonment, and that offence carries a maximum of a life sentence, whereas under the current law, slavery carries a maximum of only 14 years. It is completely understandable that those offenders faced the criminal charge conveying the highest possible penalty, but this Bill will ensure that slavery and trafficking offences carry a maximum sentence of life imprisonment, and I want to see those offences used in prosecutions in the future. So the solution to obtaining more prosecutions is better work by law enforcement, better support for victims and witnesses, and clear offences with the more severe penalties set out by this Bill.
New clauses 3 and 4 and the amendments seek in different ways to widen the scope of the offences to create a new criminal offence of exploitation, which will carry a life sentence. I fully understand why right hon. and hon. Members have tabled such amendments. I share the concern to ensure that this Bill criminalises modern slavery effectively. The wider criminal law needs to tackle exploitation that should properly be criminal but might fall short of the conduct required for the serious offences in this Bill.
I know that we debated this issue at length in Committee and I continue to look seriously at where there may be any gaps in the legislation. I have been absolutely clear throughout that our approach to offences is to take seriously how they will work in practice. For example, we have taken advice from the Director of Public Prosecutions. The director gave evidence in Committee that
“We much prefer the clarity of the offences in the Bill as drafted by the Government.”––Official Report, Modern Slavery Public Bill Committee, 21 July 2014; c. 4, Q2.]
rather than the more complicated and confusing alternative presented by the pre-legislative scrutiny Committee, which included exploitation and child exploitation offences.
Introducing exploitation offences would risk causing confusion. “Exploitation” is potentially a very broad term, and there is a real risk that we would capture much wider behaviour than was ever intended in this Bill, which focuses rightly on the very serious crimes of slavery and human trafficking. The risk is that, by making the offences too broad, the public will no longer be clear on the conduct that we are targeting through very serious criminal offences that carry a life sentence as a maximum. And the effect of the Bill on law enforcement will be diluted, as the conduct we are targeting will be less clear and so will law enforcement’s focus on the victims of serious crime. It is only right and proper that, where we are dealing with less serious conduct, we prosecute those responsible using less serious offences.
A second issue raised by new clauses 3 and 4 is whether separate child offences are needed in this Bill. In some circumstances, child offences are helpful to enable a tougher sentence to be given to criminals who target and abuse children. This Bill introduces a maximum of a life sentence for the main offences in relation to slavery and human trafficking and current sentencing guidelines already highlight offences against children as an aggravating factor for sentencing purposes. There is no practical benefit in establishing a separate child-specific offence when offenders already face the maximum penalty possible—life. That is why there is no need for a separate child murder offence.
The Director of Public Prosecutions gave clear evidence to the Committee that
“If you separated out offences into adults and children, it would make it more complicated because we know from the number of cases we prosecute that defining and identifying someone’s age is often extremely difficult…There is absolutely no need for it to be separated out; that would make it more complicated and more difficult to prosecute some of these offences.”––[Official Report, Modern Slavery Public Bill Committee, 21 July 2014; c. 6, Q11.]
So I do not believe that a separate child offence would help to deliver the objectives of the House.
Amendments 135, 136, and 143 seek to remove any requirement for consent to be considered by the court when looking at clause 1. While I do not favour the wording of the amendments tabled today, which could make prosecution harder, I want to be clear that the Government are open to clarifying this aspect of the offences. We have already altered the Bill following pre-legislative scrutiny to make it clear that the court could look at all the circumstances when determining whether an offence had taken place, including any vulnerability of the victim. I am now seriously considering the issue of consent in clause 1 and whether the law could be clarified to make it clearer that consent does not preclude a determination that a child is being held in slavery or servitude or required to perform forced or compulsory labour.
Turning to the trafficking offence, the pre-legislative scrutiny Committee also raised a concern that the offence in the draft Bill might not be as broad as the international definition, for example on receipt or harbouring of the victim. We responded and made it clear in the Bill that arranging or facilitating the travel of another person includes all of the ways through which human trafficking may be committed, as set out in the Palermo protocol and EU directive. So a person may arrange or facilitate travel by recruiting, transporting, transferring, harbouring or receiving, or transferring or exchanging control over a person—words reflecting those used in the international instruments.
In Committee, we debated whether there should be a requirement for travel in the offence. Those instruments are explicitly concerned with “human trafficking”. The evil that we are trying to tackle is trafficking, and clearly trafficking involves movement or travel of the victim.
On asset recovery, I am grateful to my hon. Friend the Member for North East Cambridgeshire (Stephen Barclay) and the right hon. Member for Birkenhead (Mr Field) for raising the important issue of asset recovery in relation to modern slavery offences. We have amended the definitions of modern slavery offences to make them lifestyle offences for the purposes of the Proceeds of Crime Act 2002 and introduced a reparation order, but we are seeking through the Serious Crime Bill to look at a number of other measures that would tighten up asset recovery overall. I hope that my hon. Friend and the right hon. Gentleman will allow us to have that debate when the Serious Crime Bill reaches this place.
The provisions of the Proceeds of Crime Act are already tougher—
Mr David Hanson (Delyn) (Lab)
I beg to move, That the clause be read a Second time.
Madam Deputy Speaker (Dame Dawn Primarolo)
With this it will be convenient to discuss the following:
New clause 16—Accommodation operated by gangmasters—
‘(1) The Secretary of State shall within one year of this Act being passed bring forward regulations to require gangmasters providing, or soliciting a third party to provide, accommodation to a worker to—
(a) agree and keep of a copy of a tenancy agreement with the worker;
(b) provide and keep copies of receipts for any rent paid by the worker to them; and
(c) keep a rent book recording rent due and paid.
(2) In section 7 of the Gangmaster (Licensing) Act 2004 after subsection (5) insert—
“(6) It shall be a condition of holding a license under this section that the gangmaster provide on request to the Authority or a local authority the documents required under regulations made under section (Accommodation operated by Gangmasters) of the Modern Slavery Act 2014.”
(3) The Authority and police shall have the right of inspection of tenancy agreements held by letting agencies where there are reasonable grounds to suspect a number of properties are let or sub-let by the same individual to multiple workers.”
New clause 17—Gangmasters: offences, financial transactions—
In the Gangmaster Licensing Act 2004 after section 13 (Offences: payments to or by gangmasters) insert—
“13A Offences: gangmasters, financial transactions
(1) This section applies to a person who is acting as a gangmaster in respect of a worker (“W”).
(2) The person commits an offence if whilst acting as set out in subsection (1) they make a payment to W that is not made either—
(a) by a cheque which under section 81A of the Bills of Exchange Act 1882 is not transferable, or
(b) by an electronic transfer of funds (authorised by credit or debit card or otherwise), or
(3) The person commits an offence if—
(a) whilst making a payment to W in respect of work they do not keep a record of the payment and the hours worked for which the payment is due, or
(b) if they do not produce such a record when required to by either the Gangmasters Licensing Authority or the police.
(4) The Secretary of State may by regulations amend subsection (2) to permit other methods of payment.
(5) In this section making a payment includes payment in kind (with goods or services).
(6) If a gangmaster pays a worker in breach of subsection (2), each of the following is guilty of an offence—
(a) the gangmaster;
(b) if the payment is made with the knowledge of the person to whom the gangmaster is supplying W, that person; and
(c) any person who makes the payment acting for the gangmaster.
(7) It is a defence for a person within subsection (4)(a) or (b) who is charged with an offence under this section to prove that the person—
(a) made arrangements to ensure that the payment was not made in breach of subsection (1), and
(b) took all reasonable steps to ensure that those arrangements were complied with.
(8) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.”
New clause 18—Provision of fixed penalty notices for gangmasters—
‘(1) The Gangmasters (Licensing) Act 2004 is amended as follows.
(2) In section 12 (Offences: acting as a gangmaster, being in possession of false documents etc.) after subsection (4) insert—
“(4A) The Secretary of State may by regulations make provision for fixed monetary penalties to be applied for an offence under this Act where—
(a) the offence is of a lower level of severity, and
(b) slavery, servitude and forced or compulsory labour is not a contributory factor in the offence.
(4B) Regulations made under subsection (4A) shall be made by statutory instrument and may not be made unless laid before in draft and agreed by both Houses of Parliament.””
New clause 19—Investigation of modern slavery offences by Gangmasters Licensing Authority—
‘(1) In section 1 (The Gangmasters Licensing Authority) after “holding licences under this Act,” insert—
“(c) investigate offences under section 1 of the Modern Slavery Act 2014, and related offences of fraud, where those offences involve gangmasters,
(d) investigate offences under section 1 of the Modern Slavery Act 2014, and related offences of fraud, where those offences are alleged to have been committed by a person licensed under this Act, whether or not the offence was committed in their capacity as a gangmaster,”
(2) The Secretary of State may by regulations confer powers on the Gangmasters Licensing Authority in order to investigate offences under this Act.
(3) Regulations under subsection (2) shall include provision to require financial institutions to disclose details of financial holdings to the Gangmasters Licensing Authority or the police in pursuit of an investigation of an offence under this Act.
(4) Regulations under this section shall be made by statutory instrument and may not be made unless they have been laid before in draft, and approved by, both Houses of Parliament.”
New clause 2—Protection from slavery from overseas domestic workers—
‘(1) All overseas and domestic workers, including those working for staff of diplomatic missions, shall be entitled to—
(a) change their employer (but not work sector) while in the United Kingdom;
(b) renew their domestic worker or diplomatic domestic worker visa for a period up to 12 months as long as they remain in employment and are able to support themselves adequately without recourse to public funds; and
(c) a three month temporary visa permitting them to live in the United Kingdom for the purposes of seeking alternative employment as an overseas domestic worker where there is evidence that the worker has been a victim of modern slavery.”
New clause 6—Procuring sex for payment—
‘(1) A person commits an offence under this section if he or she procures sexual intercourse or any other sexual act, whether for himself or for another person, in return for payment.
(2) A “payment” includes—
(a) payment that is promised or is given or promised by another person; and
(b) provision of non-financial benefits, including, but not limited to, drugs or alcohol.”
New clause 7—Strategy on assistance and support for exiting prostitution—
The Secretary of State shall, at least once in every year, publish a strategy to ensure that a programmes of assistance and support is made available to a person who wishes to leave prostitution.”
New clause 22—Prostitution and sexual exploitation—
‘(1) The Secretary of State must undertake a review of the links between prostitution and human trafficking and sexual exploitation in England and Wales.
(2) The review under subsection (1) must consider—
(a) the extent to which the current legislation governing prostitution in England and Wales acts as an effective deterrent to demand for sexual services from exploited persons;
(b) the extent to which the current legislation governing prostitution in England and Wales enables effective enforcement action against those trafficking people for sexual exploitation; and
(c) the extent to which alternative legal frameworks for governing prostitution adopted by other countries within the European Union, including Northern Ireland, have been effective at reducing sexual exploitation and the number of people trafficked for the purpose of sexual exploitation.
(3) The review under subsection (1) must be completed and a copy must be laid before Parliament within six months of Royal Assent.”
New clause 23—Consultation on prostitution, sexual exploitation and trafficking—
‘(1) The Secretary of State must initiate a statutory consultation on the introduction of legislation prohibiting the procurement of sex for payment.
(2) The consultation in subsection (1) must seek to ascertain the degree to which the prohibition of sex for payment would—
(a) reduce the number of people sexually exploited in England and Wales;
(b) reduce demand for sexual services from sexually exploited persons in England and Wales;
(c) reduce the number of people trafficked into England and Wales for the purposes of sexual exploitation.
(3) In undertaking the consultation in subsection (1) the Secretary of State must—
(a) seek the views of those who work with trafficked and exploited persons in England and Wales;
(b) seek the views of the Director of Public Prosecutions and the Association of Chief Police Officers; and
(c) allow submissions from members of the public.
(4) The consultation must be completed and a summary of the results laid before Parliament within six months of the date of Royal Assent.”
Amendment 1, page 45, line 21, at end insert—
“Street Offences Act 1959
‘(10) Omit section 1”
Mr Hanson
New clause 1 and the other amendments in this group address a wide range of issues that are linked by the terminology of exploitation but cover different aspects of concern. They include my suggestions on gangmasters; comments and suggestions on the same topic by the hon. Member for North East Cambridgeshire (Stephen Barclay); how we deal with overseas domestic workers; and a wide ranging group of amendments on how we deal with the sensitive, difficult and challenging issue of prostitution. I will cover a number of issues, and I hope I do justice to them and set out the official Opposition’s position.
New clause 1 revisits an issue that we discussed intensely in Committee: the role of the Gangmasters Licensing Authority. We considered a number of things to do with extending the role of that authority, and in the light of those discussions the new clause simply establishes that
“The Secretary of State may by order amend section 3 of the Gangmasters (Licensing) Act 2004”
to include other areas of work should a future Secretary of State determine that exploitation, modern slavery or trafficking was taking place. It gives the Secretary of State power to do that by order, rather than having to introduce new legislation.
Karen Lumley (Redditch) (Con)
Does the right hon. Gentleman recall that in Committee the Minister said that she would continue to keep the GLA’s remit under review to ensure that it met the needs of the modern slavery strategy? Does he think that was a reasonable comment to have made?
Mr Hanson
The Minister said:
“The case has not been made for extending the GLA’s remit at this stage beyond the core areas the Act sought to address.”––[Official Report, Modern Slavery Public Bill Committee, 14 October 2014; c. 480.]
She has recently undertaken a review into gangmasters legislation, and determined that there should be no extension of its remit. I am saying—I hope the hon. Member for Redditch (Karen Lumley) will take heed of this—that new clause 1 simply gives power to the Secretary of State to extend that remit, should they seek to do so. Were I to be Minister in a few months’ time, I would want to consider extending the scope of the gangmasters legislation because widespread views from trade unions, charities and academics suggest that many people are underpaid or exploited in areas not covered by current legislation.
Mr David Nuttall (Bury North) (Con)
As I understand it—forgive me if I have the wrong end of the stick—new clause 1 is simply to make it easier should a future Minister determine that it is necessary to widen the scope of section 3 of the 2004 Act. Will the shadow Minister give the House some indication as to what difference that would make in terms of time scale and bringing forward that legislation?
Mr Hanson
I will address the hon. Gentleman’s points in the course of my remarks.
You will know, Madam Deputy Speaker, that my hon. Friend the Member for Paisley and Renfrewshire North (Jim Sheridan) introduced legislation on gangmasters in 2004. I pay tribute to him, because that is effective legislation. It has protected workers in three key sectors—agriculture, shellfish collection and horticulture. It has done something all hon. Members should be proud of: it has driven out poor standards, protected work forces, and ensured that we do not undercut legitimate workers in those sectors.
My argument in new clause 1 is that we should give the power to the Secretary of State to extend that. Following the Government’s triennial review, they said:
“There is no change to the remit or funding of the agency”,
yet there is ample evidence that the agency should have its work extended, particularly following the Joint Committee on the Draft Modern Slavery Bill, on which a number of hon. Members present in the House served. The Committee considered a number of issues in detail, including the role of the Gangmasters Licensing Authority. In paragraph 189 of its report, the Committee states:
“There was consensus from our witnesses over the excellent reputation of the GLA…the GLA has been held in high regard as an example of good practice.”
In paragraph 190, it states:
“We heard from the Authority itself that there are limitations to what the GLA can currently do. Its Chief Executive, Paul Broadbent, told us that the GLA’s underpinning legislation was ‘good up to a point’, but did not provide for the GLA to carry out what he described as ‘hot pursuit’”.
The Committee said:
“Several witnesses made the case for widening the industrial remit of the GLA to other sectors where forced labour is prevalent”,
and that:
“The weight of evidence we received suggested that expanding the GLA’s powers and industrial remit would yield positive results.”
The Committee was comprised of Members of both Houses from all parties, but the TUC report, “Hard Work, Hidden Lives” concluded:
“The GLA needs to be extended to hospitality, construction and catering as these are usually small businesses that are open to abuse.”
Oxfam, which hon. Members will agree is a well-respected charity, has said:
“Gangmasters have diversified into sectors beyond the reach of the GLA where there is less regulation of labour standards.”
It concluded that
“the GLA’s remit must immediately be extended to the sectors of construction, hospitality, and…care”.
Stephen Barclay
When breaches by a gangmaster operating in a regulated sector such as agriculture are found by the GLA, would it be reasonable to assume that that same gangmaster operating in the hospitality sector is carrying out the same abuses, which therefore deserve to be investigated?
Mr Hanson
The hon. Gentleman puts his finger on the point the Opposition made in Committee. Gangmasters are diversifying. They are moving into horticulture, catering and the care homes sector. I do not want to ruin his reputation, but the amendments he has tabled have the Opposition’s support, because he has indicated that measures can be taken to tighten up how we operate the current gangmaster legislation.
In his original Bill, my hon. Friend the Member for Paisley and Renfrewshire North sought to protect people who are exploited, but such legislation is also about supporting legitimate businesses working in those sectors who find themselves being undercut by people who are operating sharp practices. What is good for the horticulture, agriculture or shellfish collection sectors should be good for other sectors, such as care homes and construction. New clause 1 does not specify that, but simply says that the Minister has the power to extend legislation. I hope we can give her the power and make the case, both up to the election and I hope in my case beyond it, for introducing changes to improve how the legislation operates.
Stephen Barclay
One reason why the Government have resisted such a measure is the view of the Secretary of State for Defence, who, as a Minister in the Department for Business, Innovation and Skills felt that we would be adding additional red tape. Aside from the fact that targeting criminals who abuse people is not the sort of problem on which the deregulation challenge should focus, does the right hon. Gentleman agree that going after those people is not red tape, because many of the large businesses would welcome the fact that they are not being undercut by those abusing the market?
Mr Hanson
The hon. Gentleman sits on the Government Benches, so I am not sure it is in order for us to agree again. The British Retail Consortium supported our proposals in Committee. This is not some kind of mystical issue; this will help to protect the work force, stop undercutting and protect legitimate businesses working in specific areas. What is good for the three sectors currently covered should be good for others too.
I do not just pray in aid Oxfam, the TUC and the Joint Committee. The Joseph Rowntree Foundation said:
“Many have called for extending the authority…of the GLA to cover all industries where there is known risk of exploitation and forced labour associated with labour providers. The evidence from the JRF’s programme points to the same recommendation.”
In Committee, I prayed in aid Andrew Boff, who is not a member of my party but the Mayor of London’s representative and deputy. In a report on slavery in London, he recommended strongly the extension of gangmaster legislation. That is very important, because we need to send a very strong signal on exploitation.
An answer to a recent parliamentary question revealed that the number of criminal investigations under the current gangmaster legislation has dropped from a high point of 134 in 2011, to 76 in 2013 and 65 to date in 2014. This information has come to light since the Public Bill Committee last sat. The Minister said in Committee that this was a growing problem. I would welcome her view on why the number of investigations into gangmaster activity has dropped over the four-year period.
The National Crime Agency, the general secretary of the Union of Construction, Allied Trades and Technicians, the Serious Organised Crime Agency, the leader of the Conservative group on the London Assembly, the Joseph Rowntree Foundation, the British Retail Consortium and the Ethical Trading Initiative have all said we should consider extending gangmaster legislation. New clause 1 would give the Minister the chance to do that speedily. I pressed her on this in and outside Committee. With due respect to her talent as a Minister, I do not think she has made an effective case for why we cannot extend it to the areas suggested by me and the hon. Member for North East Cambridgeshire.
I think there is a general consensus outside the House that exploitation is exploitation, be it in relation to shellfish or care work. We therefore need to look at this in an effective way. This is not, dare I say, a fly-by-night issue for the hon. Gentleman. He has pursued it over many months. His amendments do not deal directly with the matters addressed in new clause 1, but we sat on a Bill some time ago in the mists of this Parliament and he raised the same issues then. He has a real opportunity to ensure that his amendments enhance the 2004 legislation and build on the work of my hon. Friend the Member for Paisley and Renfrewshire North. He has our support, and if he wants to use that on his election address in due course I am sure that will be even better for him.
New clause 2 addresses protection from slavery for overseas domestic workers. The previous Government put in place a regime for migrant domestic workers who accompanied employers to the UK. The current Government changed the regime in April 2012. Overseas domestic worker visa holders are now tied to their original employer and the visa is not renewable beyond its initial six-month duration. We have had two-and-a-half years of the new regime since April 2012, and there is real concern that it has been detrimental to domestic workers and is causing real challenges in the system that need to be considered.
That is my view—I am open and honest about it—but it is shared by the Joint Committee that scrutinised the Bill, including Members in their places today who supported recommendations on a cross-party basis. Andrew Boff, the Conservative leader of the London assembly, is of that view, too. In his report on human trafficking, he said:
“I don’t think it intends to be, but the Government is actually licensing modern-day slavery… through their changes to tie a visa to an employer.”
There is cross-party support for the Government to review the issues covered by new clause 2. In agreement are a Joint Committee of both Houses of Parliament, comprising and dominated by Government members, the leader of the Conservative group on the London assembly, along with many organisations interested in this topic from outside the House—notably Kalayaan, which carried out a study on the impact of the Government’s proposals.
Kalayaan has thrown up some really concerning figures. Between 6 April 2012 and 3 April 2014, 402 migrant domestic workers registered with Kalayaan. Of those, 120 were tied to their employers and 282 had entered the UK prior to April 2012. There was a real difference between the way in which these groups were treated. The Minister said in Committee that it was a “small sample”. Yes, it is, but if that sample shows that 62% of overseas domestic workers on tied visas report being paid no salary at all, and if 85% of those on tied visas are not given their own room to sleep in, with 86% saying that their passports have been taken off them by their employers, 96% not allowed to leave the house unsupervised, 74% reporting having suffered psychological abuse and 95% paid less than £100 a week, the size of the sample is not the crucial thing. Whatever the size of the sample, real and difficult challenges are evident, and they can be traced back to the change in the granting of these visas in 2012.
The Joint Committee recommended in its draft Bill that we return to the position of April 2012—prior to the changes the Government made. That proposal was put in Committee, and there was a tie with nine votes to nine votes. Members of the governing party voted with other members of the Committee; some Members did not, which was their choice; some Members supported the draft Bill’s recommendations and voted against them in Committee, which was their choice. I believe, however, that there is a real consensus on ensuring that this issue is looked at in the other place. I hope the Government will consider it further. New clause 2 provides an opportunity to do so.
Let me move on from new clauses 1 and 2 to the other contentious and wide-ranging issue suggested by this group of amendments. My hon. Friend the Member for Slough (Fiona Mactaggart) raised this initially in Committee—the issues of how to deal with sex workers and prostitution and of how prostitution should be dealt with by society as a whole. My hon. Friend will undoubtedly speak to her new clauses. MPs do not need to look far into their inboxes to realise that a range of views are being expressed, including by the all-party group chaired by my hon. Friend the Member for Luton South (Gavin Shuker). My hon. Friend the Member for Hayes and Harlington (John McDonnell) has also filtered through a range of issues for Members to consider. People have different views about how to deal with this.
Let me put it on the record from the outset, however, that all the different views focus on the fact that there are around 80,000 people, mainly women and girls, involved in prostitution today. Nobody can deny that many of these workers carry out this work voluntarily, yet a lot of them are involved in sexual slavery, having got here through different routes. They are often pimped by people they know and can be trafficked by organised gangs. They are often extremely vulnerable, having been abused in the past. About 95% of women in street prostitution have problematic drug use; over half of women involved in prostitution in the UK have been raped and/or sexually assaulted; and the vast majority of those assaults are committed by people who have purchased sex from them.
According to recent statistics, there has been a recent and rapid increase in the number of non-British women selling sex on the street in a significant number of London boroughs. There are real concerns about trafficked women being exploited in on-street as well as off-street prostitution and about the fact that this exploitation is now being controlled and organised by criminal gangs. This is a real issue that the House needs to address.
A number of solutions have been proposed. The Nordic model, which is effectively the basis of the proposals from my hon. Friend the Member for Slough, looks at how we diminish street prostitution—particularly by making it an offence for people to buy sex. One argument put forward is that street prostitution has diminished by half and that the number of brothel businesses is also diminishing, or certainly has not increased. There is evidence of the flow of human trafficking having been slowed in Sweden because of that. In Norway there is evidence that that is contributing to the reduction in demand for and volume of prostitution. But we do not have to look far into our email inboxes to know that there are very strong views from people involved in the trade that that potential model and others could lead to further violence against those who are involved in the industry and/or to driving prostitution underground.
The Opposition have tabled new clause 22, which seeks to place upon the Government a legal responsibility to undertake a review of these issues in detail. We are seeking to deal with this matter effectively. We have said that within six months of Royal Assent the Government should look at all the discussion points that are before us today. The review would investigate the extent to which current legislation governing prostitution in England and Wales acts as an effective deterrent to demand for sexual services from exploited persons. It would look at the extent to which current legislation governing prostitution in England and Wales enables effective enforcement action against trafficking people and sexual exploitation, and at the very points made by my hon. Friend the Member for Slough in her amendments today: the legal frameworks for governing prostitution adopted by other countries within the EU, including Northern Ireland. The review would look at the examples of Sweden and of Norway to help inform the debate.
All of us will have different experiences in our constituencies about the impact and challenges of this problem and I am not intending to come to conclusions today. The purpose of new clause 22, effectively, is to give a spur to a wider discussion on the topic. I hope that the Minister can look at it in that way because there are strong views on how we deal with the issue. It is important to have a proper debate.
John McDonnell (Hayes and Harlington) (Lab)
I just want absolute clarity. The review in new clause 22, which I support, is a review before legislation, not after, so I am somewhat confused by subsection (3).
Mr Hanson
This Bill. The purpose is to lay a legally binding commitment upon the Minister to produce a report that takes account of whatever views are expressed in the debate today, but also of the views of the all-party group of my hon. Friend the Member for Luton South, of my hon. Friend the Member for Slough and of the points raised by my hon. Friend the Member for Hayes and Harlington (John McDonnell) in many emails. The real issue is how this House approaches the issue of prostitution. Now is the time for a review of the legislation.
Mr Burrowes
The right hon. Gentleman was a Minister and may well have been involved in introducing in 2009 the criminalising of the purchase of sex from someone subjected to force. Evidence suggests that that has not been particularly effective. Will the right hon. Gentleman comment on that and on whether the evidence from it takes us any further?
Mr Hanson
As ever, having had a ministerial career in the last Government, I have form on these issues. In 2008-09, when I was the Minister, my hon. Friend the Member for Slough presented proposals in Committee that were similar to those that she has presented on this occasion, and the Government did not accept them. We look and we learn, and a new issue is now evolving. I think it fair to say that there is a greater involvement of criminal gangs in trafficking people for prostitution than there has ever been before.
The purpose of our new clause is simply to make the Secretary of State legally responsible for producing a review within six months. Six months from Royal Assent will mean something between the middle and the end of next year. The evidence enabling the next incoming Government to make judgments will already have been gathered, so that they—not me, and not the present Minister—can make those judgments on the basis of a full review.
Steve McCabe (Birmingham, Selly Oak) (Lab)
If my right hon. Friend had had Home Office evidence that this trade was worth £130 million a year when he was a Minister at the Home Office, would that have changed his view of the proposals that were being presented?
Mr Hanson
I do not think that we made a financial assessment of the value of the trade when I was a Minister. I know that it is being discussed currently, as part of other discussions relating to the Treasury’s contributions to Europe.
I do not want to be diverted, because we have only a short time available. I have tried to compress the material for a long series of debates into a fairly short contribution. Let me now sum up that contribution. New clause 22 concerns a review, and it commits the Government to nothing other than that review. There is a real case for extending the gangmaster legislation; new clause 1 simply gives the Secretary of State the power to do that, which I hope she will welcome.
I was pleased to hear the comments of the hon. Member for North East Cambridgeshire (Stephen Barclay). I think it important for us to revert to the April 2012 position in regard to overseas domestic workers for a number of reasons. I also think it important to stimulate a debate on the issues of prostitution and sexual exploitation, without reaching any conclusions yet, and that has been possible today through new clause 22.
I commend all three of our new clauses to the Minister. I hope that she will be able to deliver a positive response, but—as ever, Mr Speaker, you will have expected me to say this—in the event of her not doing so, I should like at least to reflect on the possibility of testing the House’s opinion in due course.
Stephen Barclay
I want to develop the theme of how we can make prosecution and enforcement quicker and easier. I am aware that a number of Members who wanted to speak earlier have not yet been able to do so, and I shall therefore keep my remarks short.
I want to speak about new clauses 16, 17, 18 and 19. Let me begin with new clause 16. At present, it is very difficult for police in areas such as Wisbech in my constituency to identify houses in multiple occupation. The presence of 20-odd people in a two-storey house often does not meet the legal definition of an HMO. One of the ways in which we can make life easier for the local police is to give them clearer powers and rights to inspect letting agencies, and require gangmasters to keep records in the form of rent books and tenancy agreements. At present, when there is a breach of a tenancy agreement, it falls to the tenant to bring a private prosecution. How realistic is that? How realistic is it to expect someone who has been trafficked, who does not speak English and who does not understand the law to bring a private prosecution against his landlord?
We need to make it quicker, easier and therefore cheaper for the police to identify concentrations of HMOs. They need to be able to go into those houses, establish whether the law relating to, for instance, rent books is being adhered to, and take action if necessary. That will necessitate rights of access to the records of letting agents, and a requirement that the Gangmasters Licensing Authority can then use for leverage in relation to gangmasters.
New clause 17 seeks to build on the lessons this House can learn from scrap metal merchants being forbidden from taking cash payments and asks how we can create an audit trail for financial investigators in terms of the known abuse around the minimum wage legislation and the way people are being paid. At present wage slips will often simply show that someone was on for one day—it could have been seven hours, it could have been 12 hours—and when payments are made, they are made in cash. Straight away, deductions are taken for accommodation and for vehicles, so the abused worker never actually receives that money. Often they are told when they come into the country that they are not allowed a bank account. Obviously that is erroneous information, but they do not know otherwise. New clause 17 therefore addresses how we can make it easier for the police to follow the money—follow that audit trail—so that once money goes into an account, it is with the worker and it becomes harder for the rogue gangmaster to deduct it at source, which is what currently happens.
New clause 18’s provision is, I fear, almost a well-worn theme. I had a debate on it in Westminster Hall in 2012 and 2013. The measure was being blocked by the Department for Business, Innovation and Skills, although I was told privately that the Department for Environment, Food and Rural Affairs was supporting it. The reality is that the Gangmasters Licensing Authority does not have the full range of tools available. It has draconian penalties available in terms of criminal sanctions, but they are almost never used because the standard of proof is high and the amount of time required is extensive.
To put this in context, do Members know how many inspectors the GLA currently has? It has 35 for the whole country. There is one covering the whole of Cambridgeshire and Lincolnshire. An inspector could spend their entire time just driving around my constituency, never mind the rest of the county and the two counties combined. The LGA has 35 inspectors and a budget of £4 million. We need only think about how much a supermarket makes in a week to see how well resourced the GLA is.
Stephen Barclay
Tesco has some serious questions to answer in terms of its supply chain and the way some of its operations have been conducted. I do not want to return to the earlier debate, but if one looks at some of the difficulties Tesco is having in terms of its profit warnings, one wonders how accurate some of its statements on its website might be, especially given its statements on other areas.
My point is we need to make it easier for the GLA, at a time when it is resource-constrained, to take enforcement action. One of those ways is to hit rogue gangmasters in the pocket, through civil fines. There is a lower evidential requirement for that and it is quicker and cheaper, and we should be facilitating that. I hope the move of the GLA from DEFRA into the Home Office gives more clout within Whitehall for this long-overdue change.
New clause 19 addresses what happens when a gangmaster is found abusing workers in one sector. The shadow Minister touched on that in his opening remarks. It is illogical that where someone is operating in one sector or industry illegally, we seem to assume that that sinner is suddenly a saint in another sector. The additional costs of the extra 1 million temporary workers currently within the unregulated sector would place a huge burden on the GLA, so I am sympathetic to the Minister in terms of the constraints on extending into the unregulated sector, but we need to make that easier. Where a gangmaster has been shown to be rogue in one sector, that is the gateway through which we can make a foray into the unregulated activity of that specific gangmaster, not of the whole unregulated industry.
This is a very good Bill that will make a huge difference in constituencies such as mine and it signals the Government’s intent in this area. When the Minister responds, I hope she will consider the operational difficulties faced by the police and the GLA in particular, and bring forward measures that make their job easier, quicker and cheaper, and therefore more likely to be achieved.
Fiona Mactaggart (Slough) (Lab)
I rise to speak to new clauses 6 and 7 and amendment 1, which have been tabled in my name. In doing so, I want to focus on an issue that is the driver of a great deal of the exploitation and human trafficking in Britain today. Before I do that, however, I want to thank the Minister for her relatively helpful letter on the issue of domestic servitude, which is one of the matters being addressed in the Bill. I drew to her attention the case of a young woman who had been forced to use employment law in order to be paid. I remain shocked that the police did not take notice of that case or prosecute her exploiter. The reality is that domestic servitude does not, on the whole, involve big organised gangs, although they are often the ones that bring the people to the UK in the first place. It is within domestic settings that people are grotesquely abused, and unless we help those victims to help themselves, as the new clause proposed by my right hon. Friend the Member for Delyn (Mr Hanson) would do, we will continue to see an increase in that kind of trafficking.
Sarah Teather
I wish to comment on new clause 2. This Bill is unique in that it is one piece of Home Office legislation that I warmly welcome. None the less, I was disappointed to find that it did not include any provisions relating to the protection of overseas domestic workers.
Since becoming an MP 11 years ago, I have had many constituency cases involving overseas domestic workers who have managed to escape an abusive or exploitative employer and who were seeking protection. Those women had been made prisoners; their passports had been stolen and they had been made to work extremely long hours for very little pay and with no time off.
In April 2012, the Government changed the rules so that domestic workers would no longer be able to change employer. Instead they have a tied visa, which links their immigration status to their employer. The evidence collected by Kalayaan indicates that the result of the new visas has been an increase in abuse and exploitation. I understand that the Minister disputes those figures, but her own proposals will not address the problem that Kalayaan raises.
Given the levels and types of abuse that are experienced by overseas domestic workers, we should view this Bill as the opportune vehicle to provide extra protection, as it goes to the very heart of protecting victims of modern slavery. There was an extremely short debate on this matter right at the end of the Committee stage. The Minister said then that reintroducing the right to change employers was not the answer to preventing abuse. It was very difficult for us to explore all the issues because we were right up against time. The Minister then showed us a new information card that will be given to overseas domestic workers, and since then she has sent me a draft revised standard template contract, for which I am very grateful. However, I am not convinced that these steps, while welcome, will be enough on their own to prevent abuse while the tied visa system is still in place. This is not a one-or-the-other issue. I accept the Minister’s argument that abuse undoubtedly also took place before the change in the visa system, but I am not convinced that merely giving people more advice will be enough. We need to tackle the tied visa system, which seems to have made the problem worse.
Some 78% of domestic workers who have arrived on a tied visa and then sought assistance from Kalayaan have reported that their passport was confiscated by their employer. What is to stop that same employer taking the information card as well? Moreover, given that many will not have access to a phone, how are they supposed to dial the numbers on the card, assuming that the card is even in a language that they can read in the first place?
In Committee, the Minister criticised the robustness of Kalayaan's figures. It should be remembered that Kalayaan is an extremely small organisation, with very limited resources.
Karen Bradley
Let me make myself clear. I do not dispute Kalayaan’s figures. I was merely pointing out that there was evidence of abuse both before and after the tie of the visa. I therefore believe that we need to tackle the root cause of that abuse and not merely look at the tie on the visa. I do not dispute the figures that Kalayaan has put out.
Sarah Teather
That is a helpful clarification. I agree with the Minister that we have to tackle the root cause of the abuse. I simply think that we need to do both. I am not sure that the solutions that the Minister has suggested will be enough on their own. I wonder whether I could persuade the Minister, especially as Kalayaan is such a small organisation, to consider collecting more data on overseas domestic workers. We know that abuse exists, and it would be helpful in our debates to have more accurate tracking of what happens. It may be that only the Government have the resources to fund such research.
Mr Speaker
Order. A significant number of colleagues still seek to contribute. There is no formal time limit—we are in a Report stage—but perhaps colleagues will have some regard to the interests of their colleagues.
Steve McCabe
I commend new clause 22. We need the review that it proposes and a thorough investigation of the links between human trafficking, prostitution and exploitation. It seems to me that that is the only way we will change the minds of the legislators and the wider public to bring about some of the changes that my hon. Friend the Member for Slough (Fiona Mactaggart) suggests.
Any trade that can be estimated to be worth £130 million a year should command our attention. We should look to understand it fully, with the purpose of undermining and collapsing it. That is what we are here for, and what we should do.
Finally, I want to mention Juliet, a young woman who currently resides in my constituency. She is supported by the asylum charity Restore. She fled here from Nigeria to escape slavery, brutality and a forced marriage, and she fell into the hands of traffickers and ended up working in a brothel. The Home Office, sadly, intends to deal with that by sending Juliet back to Nigeria. We need to smash the link in this trade altogether, and we have to tackle a situation that punishes the victims while the traffickers carry on their trade and the clients who make that trade viable are largely unaffected by the misery that they generate and perpetrate. New clause 22 would make a good contribution to that and help this Bill achieve some of the aims that most of us here back.
Sir John Randall
As you know, Mr Speaker, I am standing down at the end of this Parliament, so I hope that I am allowed to say a few things.
I support the new clauses tabled by my hon. Friend the Member for North East Cambridgeshire (Stephen Barclay). I would give a piece of advice to the talent spotters on our Front Bench. He is becoming an extremely good Member of Parliament and they should harness that by putting him into a ministerial position so that he can be useful—not, of course, to stifle that dangerous streak of independence.
Mr Speaker
Order. I should just point out that that observation comes from the hon. Member from whose mouth came the advice that the hon. Member for Buckingham should aspire to join Her Majesty’s Opposition Whips Office, which I thought was perhaps not a great idea.
Sir John Randall
At the time I thought that it was appropriate, Mr Speaker, but I fear that your opportunities have since vanished.
There is no fool like an old fool, and I am afraid that I felt a little like that in supporting—sincerely—the amendments tabled by the hon. Member for Slough (Fiona Mactaggart). I say that not because I disagree with the sentiment; we have heard so much about modern slavery and become so immersed in the issue that, as the hon. Member for Birmingham, Selly Oak (Steve McCabe) said, when we meet the victims, so many of whom are involved in the sex trade, there is a real feeling that the demand must somehow be curbed. However, I am not sure that this Bill is the right place to do that.
That issue seems to have stirred up a hornets’ nest and taken up valuable time on Report, and unfortunately, because of the timing—it would be wrong, of course, to complain about the selection—we have not been able to discuss everything. We are discussing something that I think is slightly out of scope. I am almost tempted to agree with the Opposition Front Benchers on that. I am not sure that we should necessarily start it at this point. It is something that I will be observing from whatever job I do after leaving this place—in the car park at Tesco or wherever. It is a very important debate about prostitution and it cannot be ignored, but there are two sides to the argument, and I know that even the hon. Members for Slough and for Hayes and Harlington (John McDonnell) take slightly different views on it. It is an important discussion that we must have.
When I have previously voted against my party, I was normally also voting against the Labour party, which was in government at the time. In other words, I was part of a tiny minority, which I think is a safe position to be in—the hon. Member for Hayes and Harlington has tutored me well in how to rebel. In many respects the issue of overseas domestic workers, and therefore new clause 2, does not need to be covered in the Bill, because it is a matter of policy. Were I still in a ministerial position, I know that that is how I would explain it to colleagues, saying that this is not the time to deal with the matter. However, I have met too many victims to be able to say that it is a matter for another day. I understand why the Government brought that in, and it was a laudable reason: they thought that it would help the situation. Unfortunately, that appears not to be the case and there is a knock-on effect that is not helping those poor, innocent people from overseas.
As a result, I do not think that there will be much success. Unfortunately, the way the political debate on immigration is going at the moment—an important debate, but one in which we must be careful not to become extreme—I do not expect the Government to do a great deal about it this side of an election, if I am honest. I hear what my hon. Friend the Minister is doing, and there are some other things that can help. However, if it comes to a vote, regrettably—oh so regrettably—I shall march into the Lobby with the comrades on the other side of the House.
Jim Sheridan (Paisley and Renfrewshire North) (Lab)
I will take your advice on brevity, Mr Speaker. I rise to support my party’s new clause 1 on gangmasters.
Before I do so, I want to thank many people. As my right hon. Friend the Member for Delyn (Mr Hanson) said, I had the privilege of introducing the private Member’s Bill that became the Gangmasters (Licensing) Act 2004. I was greatly supported in that by a number of individuals and organisations, none more so that my own union, Unite, which was absolutely terrific in giving me the support and research that I needed to try to get the Bill through. The National Farmers Union was also extremely helpful in getting it through and in championing the ethical trading initiatives that were around at the time.
One individual who was particularly helpful during that period was the then Member for Morecambe and Lunesdale, Geraldine Smith, who was extremely supportive in helping me as regards what happened to the cockle pickers. Another individual who was greatly supportive was the then national secretary of the Transport and General Workers Union, now my hon. Friend the Member for Birmingham, Erdington (Jack Dromey), who offered his experience in trying to get the Bill through. Also very helpful and supportive were the legal gangmasters—the guys who operated on a legal basis—because they had operated in a legal field while the other people were undermining them by trying to get labour at cheap prices.
Some organisations, I have to say, were dragged to the negotiations by their fingernails—namely, the major retailers, who really did not want to get involved in this and wanted to exploit the farmers who were engaged in the industry. The farmers were getting a very bad deal from the major retailers, so we made sure that the retailers played ball.
To correct a fact about the gangmasters legislation, the myth is that it was drawn up in response to the tragedy of the Morecambe bay cockle pickers, but in fact it was introduced before that unfortunate incident because Unite had already experienced the inequities that were happening in the construction industry, the care industry, and so on. That is why the Bill was launched some months before the dreadful situation surrounding the Chinese cockle pickers.
Nevertheless, what happened to the cockle pickers was the catalyst in getting support for the Bill. Just imagine, if you will, that you are on a cold, sandy beach surrounded by water that is coming to drown you, you cannot speak English, and there is no one there to take any responsibility for you. All that was left for these people was to use their mobile phones to phone home to China to tell their relatives that they were in the process of dying. The gangmasters who took them on did nothing to help them. That is why the gangmasters Bill was a good and effective piece of legislation, and even now, as we speak, it has the potential to be even better and more effective.
Michael Connarty
Everything that my hon. Friend said about the struggle that he had to convince a number of organisations at the time is true. Does he know that on 21 August the Ethical Trading Initiative and the British Retail Consortium wrote to the Prime Minister in support of proposed amendments to the Bill, and, as part of that submission, called for the Gangmasters Licensing Authority to be strengthened and extended to cover hospitality, construction, and many other industries? My hon. Friend has converted a lot of people by showing that his legislation made a difference to people involved with gangmasters.
Jim Sheridan
There is no doubt in my mind whatsoever that the legislation must be extended.
We introduced the gangmasters legislation under a Labour Government, and I have to say that it was extremely difficult to try to convince Ministers that it was the right way to go. We decided to go with it as it stood in terms of the shellfish and agriculture industries, arguing that it should subsequently be extended to other sectors, and the Government said that we could extend it if it worked. In my view, it did work, and we set up the Gangmasters Licensing Authority. Prior to that, the gangmasters never paid any tax or national insurance, and neither did the exploited workers. The GLA cleaned its face: it got people to pay income tax and the workers to pay national insurance. In effect, it was a self-funding process. If that rationale were extended to take in construction and the service and hospitality sectors, I think the GLA would be a more effective organisation. The Modern Slavery Bill could have sought to prevent exploitation of forced labour by expanding the remit of the GLA.
Caroline Nokes (Romsey and Southampton North) (Con)
I will speak very briefly, but I want to commend the Government and my hon. Friend the Minister for bringing in this important Bill.
I vividly remember, more than two years ago, that some of the members of the Southampton Stop the Traffik group came to my constituency surgery to explain in detail some of the problems associated with people trafficking and modern-day slavery in the city and the wider area. When I mentioned those problems to other constituents, they found it shocking and could not believe that it was happening in somewhere such as Romsey. One key problem we face in tackling the scourge of slavery is that in many cases it is out of sight, and therefore very much out of mind.
I have absolutely no intention of being partisan on this issue. As a member of the Public Bill Committee, what came across very clearly to me was the massive consensus for having something on the statute book. It has taken a long time to get to this point—I know that previous Governments wanted to act—and there is a sense of pride that the current Government have brought forward legislation.
It is absolutely imperative to have a law that is practical and pragmatic, that will work and be enforceable, and that does not prescribe too tightly the roles of local authorities and of the anti-slavery commissioner in tackling the problem. We need such flexibility, because you can bet your bottom dollar that those involved in this illegal trade will also be flexible in seeking to find ways around new legislation. I therefore want the role of the anti-slavery commissioner to be able to adapt as time goes on, much as the role of police and crime commissioners is evolving in our counties. As their role evolves, so the anti-slavery commissioner’s role should be truly inventive and of critical importance. The Government are absolutely right to institute that role, but it must be given sufficient flexibility to allow it to develop over time.
John McDonnell (Hayes and Harlington) (Lab)
We are really short of time in this debate, so I apologise for taking more, Madam Deputy Speaker. If there are any talent spotters on the Government Front Bench, I think the right hon. Member for Uxbridge and South Ruislip (Sir John Randall) has an excellent role in the other place.
I chair the Public and Commercial Services Union parliamentary group—we are writing to the Gangmasters Licensing Authority about the new clauses in this group—but let me say that we have now gone beyond the stage at which we can continue to will the objectives without willing the means. Adequate staff and resources are needed to ensure that the GLA is effective.
To turn briefly to the new clauses and the amendment tabled in relation to prostitution, I apologise to all Members of the House for inundating them with briefings over the past 48 hours. I am very sorry, but this debate came up in a hurry, and it was important to give people the chance to express their views. I have always respected my hon. Friend the Member for Slough (Fiona Mactaggart), who is very well intentioned. I support new clause 7 because developing a strategy is critical, and amendment 1, which is the decriminalisation amendment, but I am fundamentally opposed to new clause 6, because it is worrying, counter-productive and dangerous. New clause 22 would give us the opportunity and enough time to undertake a proper review.
I know that sex work is abhorrent for some Members. I must say that in the years since I convened some of the first meetings of the Ipswich Safety First campaign in this House, after five women were killed there, I have met a number of men and women who were not coerced into sex work and do not want their livelihoods to be curtailed by the proposed criminalisation of their clients. It is true that I have met many others who entered prostitution to overcome economic disadvantage—they suffered in poverty to enable them to pay the rent and put food on the table for their children—but that has been made worse by welfare benefit cuts, escalating housing costs and energy bills. The answer is not to criminalise any of their activities, but to tackle the underlying cause by not cutting welfare benefits and ensuring people have an affordable roof over their heads and giving them access to decent, paid employment.
The whole issue has focused on the idea that by stopping the supply of clients, prostitution will somehow disappear, as will all the exploitation, trafficking and violent abuse. The Swedish model has been suggested as an example, but there was absolutely overwhelming opposition to it in the briefings that I have circulated. Those briefings have come from charities such as Scot-Pep—the Scottish Prostitutes Education Project—which is funded by the state; the Royal College of Nursing, the nurses themselves; and the Global Network of Sex Work Projects, which is another Government-funded organisation to get women and others off the game, that nevertheless says that the Swedish model would be counter-productive.
The Home Office has commissioned academic research, and I have circulated a letter from 30 academics from universities around the country that basically says that the proposed legislation is dangerous. We must listen to sex workers: the English Collective of Prostitutes, the Sex Worker Open University, the Harlots collective, the International Committee on the Rights of Sex Workers in Europe—flamboyant names, but they represent sex workers, and all are opposed to the criminalisation of clients.
Michael Connarty
Could my hon. Friend quote some sources from Sweden? I understand that in Sweden they do not take that view.
John McDonnell
I will come straight to that point, but let me go through the other organisations we have listened to: lawyers, human rights bodies such as Human Rights Watch, Amnesty International and UN Aid, and even the women’s institute down in Hampshire—I warn hon. Members never to cross the women’s institute anywhere—as well as members of the Ipswich Safety First coalition who dealt with the deaths those years ago.
What is the consensus? It is that there is no evidence that criminalising clients as in the Swedish legislation reduces the number of either clients or sex workers. I could quote at length—time we have not got—from the Swedish Government’s report that demonstrates that there is no correlation between the legislation they introduced and a reduction in numbers of clients or sex workers.
Fiona Mactaggart
My hon. Friend said that the Swedish Government have no evidence for that, which is true, but they did have evidence that the number of men who pay for sex in Sweden has gone down significantly.
John McDonnell
That was one survey where men who were asked, “Do you pay for sex, because you could be prosecuted for it?” naturally said no. The evidence has been challenged. The other part of the consensus concerns the argument that other Governments are now acting and following the Swedish model, but South Africa has rejected it, and Scotland rejected it because measures on kerb crawling were introduced. In France, the Senate has rejected that model on the basis that sex workers will be put at risk. There are even threats of legal action in Canada on the issue of the safety and security of sex workers.
The other consensus that has come from these organisations is that not only do such measures not work, they actually cause harm. We know that because we undertook research through the Home Office in 2005-06. What did it say? Sex workers themselves were saying, “It means that we never have time to check out the clients in advance. We are rushed and pushed to the margins of society as a result, which does us harm.”
There are alternatives. I do not recognise the view on the implementation of decriminalisation in New Zealand mentioned by my hon. Friend the Member for Slough, because all the research says that it is working. Who says that we should look at decriminalisation? It is the World Health Organisation, UN Women and UNAIDS. I circulated a letter from Nigel Richardson, who is not just a lawyer who represents sex workers but also acts as a judge. He says that we can tackle abuse and sexual exploitation with existing laws.
I appeal to the House not to rush to legislate on such a contested issue where there is such conflicting research, evidence and views. New clause 22 would provide a way through as it would enable us to undertake the necessary research, consult, bring forward proposals, and legislate if necessary. I want to include in that consultation the New Zealand model and full decriminalisation. I am not in favour of legalisation; I am in favour of full decriminalisation. On that basis we should listen to those with experience. I convened some meetings with the Safety First coalition to brief Members on what it had done. It invested money in the individuals—£7,000 a prostitute—and it got people out of prostitution by investing money, not by decriminalising them.
Rev. Andrew Dotchin was a founder member of the Safety First coalition. He states:
“I strongly oppose clauses on prostitution in the Modern Slavery Bill, which would make the purchase of sex illegal. Criminalising clients does not stop prostitution, nor does it stop the criminalisation of women. It drives prostitution further underground, making it more dangerous and stigmatising for women.”
I fully support his views.
Mr Burrowes
If I had longer I would list a huge number of women’s organisations, campaign groups and those dealing with the issue that the Bill is supposed to be addressing—human trafficking—that support dealing with demand for prostitution, as that is also a way of dealing with demand for modern slavery. We have dealt with demand in terms of the transparency of supply chains and have sought to deal with the demand for cheap goods that are linked to modern slavery. Similarly, we should deal with the demand linked to trafficking, which includes prostitution.
Karen Bradley
I am grateful to right hon. and hon. Members for tabling measures and speaking in this debate, which covers three extremely important subjects: the role of the Gangmasters Licensing Authority, abuse of overseas domestic workers and prostitution. Given the time available and volume of the debate, I will do my best to address the points that have been made, but I hope Members will forgive me if I do not cover absolutely everything.
First, on the remit and powers of the Gangmasters Licensing Authority, I am grateful for the opportunity to restate that the Government are determined to tackle labour exploitation effectively. As I said in Committee when a similar amendment was tabled, I am sympathetic to Members’ concerns. The GLA does good work in tackling harmful activity within a limited remit, focusing on areas that are potentially vulnerable to exploitation. My mind is not closed to changes to improve how it works—far from it.
The Government support the protections in place for all workers, whichever sector they work in, including minimum wage legislation—we have strengthened the national minimum wage inspections team and quadrupled the maximum fine. The amendments suggest a number of ways in which to change the GLA’s powers and remit.
Sir Andrew Stunell
I am encouraged that the Minister says her mind is open and that there will be further consideration. Can hon. Members take that as a distinct hint for more progress in the Lords?
Karen Bradley
If my right hon. Friend will allow me to continue my comments, I will speak first about new clause 1. The new clause would open the way for the GLA’s remit to be extended to any area of work or sector, which would be a much broader role than its current territory. I have concerns about such a broad role, which I want to put in the context of the Government’s plans to ensure that the GLA delivers its critical role. The GLA is both a licensing and an enforcement body. We need to make progress on both fronts. Licensing can be a blunt instrument in that it affects the compliant business and the rogue gangmaster alike. If a licensing regime is not targeted at known risk factors, it will not provide effective underpinning for enforcement. Therefore, simply extending the current licensing regime into new sectors would not of itself improve efforts to tackle exploitative employers who flout the law.
I want a GLA with a strong anti-slavery and worker exploitation focus that will support the Government’s broader strategy on modern slavery. That will be best achieved by developing an approach that builds on the GLA’s excellent work. The right hon. Member for Delyn (Mr Hanson) mentioned that the number of GLA investigations had declined over time. I want to put it on the record that, over time, the GLA has undertaken a reduced number of investigations, but they have been more complex and have focused more effectively on serious and organised crime. That reflects a targeted and risk-based enforcement approach.
We can do more to increase the GLA’s reach and effectiveness. We are working with the GLA in three main areas: through the better business compliance partnerships, the review of licensing standards, and work on the supply chain. I do not have time to go through those points in detail.
Looking ahead, the GLA is well placed to tackle the serious worker exploitation that lies between the more technical compliance offences investigated by HMRC and the serious and organised crime addressed by the National Crime Agency. We will consider how to introduce more effective and targeted enforcement action by the GLA. We will also consider changes to the GLA to support its greater role in addressing exploitation. However, we believe this requires a more considered analysis of the types of changes required than simply changing the law today. I believe we should continue the hard work with the GLA rather than simply assuming that the answer is to extend the remit of the GLA beyond the core areas set out in the 2004 Act, as envisaged in the new clause. I therefore hope that the right hon. Member for Delyn feels able to withdraw it.
On the amendments tabled by my hon. Friend the Member for North East Cambridgeshire (Stephen Barclay), he has made some very good points and I would like to discuss many of them with him outside the Chamber. New clause 16 would require formal tenancy agreements where a gangmaster provides accommodation for workers. I reassure him that the GLA already addresses this risk. The current suite of GLA licensing standards already imposes requirements on gangmasters who provide accommodation. Specifically, licensing standards 4.1 and 4.2 require a licence holder who provides, or effectively provides, accommodation to ensure that the property is safe for the occupants. A licence is required by the local authority, for example if it is a licensable house of multiple occupation. This is a critical standard for the GLA, so failure to meet the criteria will mean that a licence application is refused or a licence already issued will be revoked.
There are also existing legal requirements affecting the relationship between tenant and landlord. I believe that these, together with the GLA’s licensing standards, provide strong protection for workers. However, I have considered the amendment in detail and I will ask the GLA to consider adding a tenancy agreement to the documents to be provided to demonstrate compliance with the licensing standard as part of its forthcoming review. In doing so, I also wish to ensure that we are balancing protection from exploitation with our desire to reduce bureaucracy for small businesses.
Stephen Barclay
I thank the Minister for that reassurance and I will not be pressing the amendments to a Division. As part of those discussions, may I flag up an area that Anthony Steen has highlighted and which we did not come on to today? What happens when people come out of the shelters after 45 days? What measures might be put in place on that, and is it something on which we could have further discussions?
Karen Bradley
That is a point for the review of the national referral mechanism. The interim report of that review has been issued and the final report will be issued shortly. If my hon. Friend would allow it, we could perhaps discuss this outside the Chamber; I am sure that that would be helpful to both of us.
On overseas domestic workers and new clause 2, I welcome the opportunity to reaffirm the Government’s commitment to protecting individuals who have come to the UK on domestic worker visas. I know that Members feel strongly about this. The Government, and I personally, share their commitment to ensure that no individual in this country is subjected to abuse and exploitation. Holding anyone in modern slavery is totally unacceptable. Overseas domestic workers, like anyone else, deserve protection as well as support and help if abuse takes place. The Bill will give that protection to all victims regardless of who they are, why they are in the UK, for whom they are working or their visa arrangements. We already have a range of measures in place to protect overseas domestic workers and we are intent on strengthening them further.
It is very important that overseas domestic workers know their rights in the UK and where they can seek help. The House will be pleased to know that a pilot is now under way to hand out very simple and easy-to-understand information cards on arrival to the UK, in addition to the information already provided with the visa. I absolutely understand and sympathise with the intention behind new clause 2, but, as I said in Committee, I do not believe it is the solution to those cases where an overseas domestic worker suffers ill treatment in the UK.
I pay tribute to the work of the voluntary sector in supporting domestic workers who have been the subject of abuse or poor working conditions, including that of Kalayaan, which both supports individuals and campaigns on their behalf. One case of abuse is one too many and some of the treatment reported by Kalayaan is absolutely appalling. However, without in any way minimising the distress those individuals have gone through, it is important to remember that those reports are based on a very small number of cases and represent a small proportion of those in the country with an overseas domestic worker visa.
Kalayaan’s figures are based on 120 overseas domestic workers issued with visas after April 2012 who approached it for help over a two-year period. During the same period, more than 30,000 visas were issued. Home Office internal management information suggests that between May 2009 and July 2014, there were 213 confirmed cases of trafficking for domestic servitude involving non-EU nationals. Of these, only 41, or less than 20%, were linked to the overseas domestic worker visa—an average of eight per year.
Focusing on the visa risks obscuring the main issue, which is protecting those at risk of domestic servitude. Our key concern should be that victims understand that they will be believed, that they will receive support and that the perpetrators will be brought to justice. Before the changes in April 2012, the ability to change employer did not prevent instances of abuse and poor treatment, and we have seen no evidence that instances of abuse of those here on overseas domestic worker visas have increased since the right to change employer was removed. Moreover, even while there was a right to change employer, there were still complaints of abuse and poor treatment.
The important point is that we should not be tackling this problem through one, albeit relatively simple, response. We need to look at the underlying problem and tackle it. My right hon. Friend the Member for Uxbridge and South Ruislip (Sir John Randall) made an important point when he said that much of this could be tackled and dealt with through policy changes. That is what I am working on.
In the limited time available, I shall deal with the issue of prostitution.
Gavin Shuker (Luton South) (Lab/Co-op)
The debate on prostitution has seen a number of polarised positions, which shows the difficulty of the issue. The major problem is that there is no agreed shared evidence base. In the light of that, I commend to the Minister the report by the all-party group on prostitution and the global sex grade, “Shifting the Burden”, which looks at the matter in detail and supports the amendment proposed by the Opposition Front-Bench team.
Karen Bradley
I thank the hon. Gentleman for his contribution. I know he wanted to get into the debate, which is why I gave way to him. He plays an important role in this policy area. I pay tribute to him and to the hon. Member for Slough (Fiona Mactaggart) for her tireless campaigning on the issue of prostitution.
Crispin Blunt (Reigate) (Con)
All the peer-reviewed academic evidence is against new clause 6. The hon. Member for Slough (Fiona Mactaggart) can take it from me as a former criminal justice Minister that the criminal justice system simply could not sustain this measure being put on the statute book.
Jim Shannon (Strangford) (DUP)
The Minister will be aware of legislation going through the Northern Ireland Assembly at this moment. The hon. Member for Slough (Fiona Mactaggart) tabled new clauses 6 and 7, which she is not going to press, but there is also new clause 22. I urge the House to support that new clause, which would provide a way forward. Will the Minister take into account the issues brought forward through legislative change in the Northern Ireland Assembly?
Karen Bradley
I also thank the hon. Gentleman for his comments. I discussed this issue with David Ford, the Justice Minister in Northern Ireland, a couple of weeks ago. We spoke about the Modern Slavery Bill, and I am cognisant of the work being done there.
It is clear that there are very polarised views on this issue. The subject of prostitution raises strong feelings, and it is good that we have had the chance to debate it. It is important to remember, however, that this is a Bill to tackle the heinous and horrendous crime of modern slavery, and I want to continue to focus the Bill on modern slavery. I am concerned that any of the amendments relating to prostitution could distract from the important work that the Government are doing. I will reflect on today’s contributions, but I am afraid that I cannot accept the amendments. We need to make sure that the Modern Slavery Bill is focused, targeted and gets on the statute book.
Crispin Blunt
I shall take the remaining minute and a half simply to make the point that the authoritarian, moralistic and un-evidenced potential catastrophe that presents itself as new clause 6 must be opposed. In proposing these provisions, the hon. Member for Slough (Fiona Mactaggart) complained about the fact that she got on television programmes and then found that her statistics were under dispute. That is hardly surprising, because all the academic evidence is on the other side of the argument.
Crispin Blunt
No, I will not. It takes the scion of a couple of baronetcies with the education of Cheltenham Ladies’ college to produce such a moralistic sense that can define sex work as exploitation—without ever having listened to the sex workers themselves. It is a pity, given the trouble the hon. Member for Hayes and Harlington (John McDonnell) took to draw attention to this group of people, that the hon. Lady did not take the trouble to listen to them. Had she done so, I cannot believe that she would have come to this view because the unintended consequence of her proposal would be to put the people whom she is trying to help in peril. That is a serious mistake.
Question put, That the clause be read a Second time.
The Secretary of State for the Home Department (Mrs Theresa May)
I beg to move, That the Bill be now read the Third time.
The injustice and suffering experienced by victims of modern slavery is often difficult to comprehend: young girls raped, beaten and passed from abuser to abuser so that they can be sexually exploited for profit; vulnerable men tricked into long hours of hard labour before being locked away in cold sheds or run-down caravans; people made to work in fields, in factories and on fishing vessels; women forced into prostitution; children forced into a life of crime; and domestic workers imprisoned and made to work all hours of the day and night for little or no pay. Those are the harsh realities of modern day slavery, and those are the crimes taking place not in the distant past, but in towns, cities and villages in Britain today.
That is why this Modern Slavery Bill—the first of its kind in Europe—is so important. It sends out a powerful message about our intent to be at the forefront of this fight and to end this trade in human misery. It will ensure that we can effectively prosecute perpetrators, properly punish offenders and help prevent more crimes from taking place in the first place. But most importantly, it will enhance protection and support for the victims of these appalling crimes. Furthermore, in a measure that goes further than any other similar legislation in the world, it will encourage businesses to make sure that supply chains for goods and services sold in the UK are not tarnished by slavery.
Members on both sides of the House have contributed enormously to the Bill, and today we have heard further lively and constructive debate. I thank all those who have played a role in shaping the Bill. In particular, I thank all those who played a part in Committee for their valuable contributions. All those who contributed in Committee and at other stages in the Bill’s passage through the House have ensured that we will have effective legislation to deal with offenders and protect victims. I thank the Under-Secretary of State for the Home Department, my hon. Friend the Member for Staffordshire Moorlands (Karen Bradley), in particular, for not only her tireless work but for her passionate commitment to this issue.
I think that the Bill has been greatly improved by its passage through this House, demonstrating the value of parliamentary scrutiny. I pay tribute to the members of the pre-legislative scrutiny Committee, particularly the right hon. Member for Birkenhead (Mr Field), who chaired the Committee, and whose unstinting dedication to the issue has been truly admirable. The Committee held an intensive and thorough inquiry and produced a report that led to significant improvements in the Bill.
I have always been clear that victims must be at the heart of everything we do, and it is imperative that they get the help and support they need and deserve. I commissioned the detailed review of the national referral mechanism to ensure that we provide effective care and support and that all agencies work together in the best interests of victims. The review will be published shortly, and the Government are currently re-tendering the victims care contract. It is also why I put in place a trial scheme of child trafficking advocates so that child victims’ voices are heard and they receive the support and assistance they need in relation to the social care, immigration and criminal justice systems.
Sarah Champion (Rotherham) (Lab)
I am listening to the Secretary of State with interest. I am pleased to hear that she is putting victims at the very centre of the Bill. Why, then, did the Government turn down Labour’s amendment to make child exploitation part of the Bill?
Mrs May
I say to the hon. Lady, who was, I believe, a member of the Bill Committee and has obviously been working on this with others, that we looked at the issue of child exploitation and took a lot of advice on it. The worry was that if it were referenced in the Bill in the way suggested, that could lead to certain actions and activities falling within the description of child exploitation that were never intended to be part of the Bill. In short, I am afraid that the law of unintended consequences would have kicked in and a disbenefit would have resulted from having that aspect in the Bill.
However, as the hon. Lady knows, we have brought together various offences and made some changes to them in order to clarify some of the issues. There has been genuine debate, in Committee and throughout the stages in this Chamber, on the various issues in the Bill, and I think it is, in a number of aspects, a better Bill as a result. We have responded on the issue of supply chains. We have added the new provision on the statutory defence for victims of modern slavery who are compelled to commit crimes. That includes substantial safeguards against abuse but would not apply to a number of serious offences—mainly violent and sexual offences, as set out in the Bill.
The Bill extends to all modern slavery victims existing provisions that help victims of trafficking to gain access to special measures in court. I hope that that will give victims the confidence to come forward and give evidence.
Sir Edward Garnier
Will my right hon. Friend take time over the next few days to have a look at the record of this afternoon’s debates? I spoke about exploitation by brainwashing. Although that is not yet in the Bill, I hope that at some stage she and her team will consider the inclusion of some sort of offence along those lines. Will she also take this opportunity to mention Mr Anthony Steen, our former colleague, whose work outside Parliament has done a great deal to push this agenda forward?
Mrs May
I thank my hon. and learned Friend. I recognise that we were not able to respond to the specific points that he raised, and my hon. Friend the Under-Secretary or I will write to him about those.
I am indeed happy to pay tribute to the work that has been done by Anthony Steen, who, for a period of time, was my special envoy and produced a number of reports. He went to a number of countries to look at how they were dealing with this issue, and he was able to bring that experience back and help to inform us in dealing with the Bill.
This Bill will stand alongside our wider programme of work to tackle modern slavery nationally and internationally. It is an important step, but if it is to be implemented effectively we need concerted effort from all those involved. That is why we will publish a comprehensive strategy to tackle modern slavery that will complement the legislative framework that we are putting in place.
Mr Burrowes
May I put on record my thanks to the Under-Secretary, who withstood and responded to robust challenge and scrutiny in Committee? We have a Bill that is fit for purpose and will no doubt be strengthened further as it goes through the rest of its parliamentary stages. I commend her for her passion and dedication.
The amendment that provides that the anti-slavery commissioner is independent is a welcome addition to the Bill. Will the fact that they are now explicitly independent under the Bill affect the selection process, which I understand has already started with the advertising of the position?
Mrs May
It was always the intention that the anti-slavery commissioner would be independent and that does not affect the selection process. A number of posts within the purview of Government are made by appointment. In my own area, for example, they are appointed by the Home Secretary. I assure my hon. Friend that those individuals remain fiercely independent in the work that they do. For example, I do not think that anybody has ever suggested that the appointment by the Home Secretary of the chief inspector of borders and immigration leads to him being anything other than extremely independent in his reports.
I want to mention one other aspect. I am clear that we must strengthen our law enforcement response. I have made tackling modern slavery a priority for the National Crime Agency and we are working with international law enforcement agencies to target organised criminal gangs. The UK is leading a group of international law enforcement chiefs, the Santa Marta group, which will strengthen and co-ordinate our response to modern slavery internationally. The members of the Santa Marta group will meet again in London in December.
As I have said, modern slavery is an appalling crime that crushes lives and strips people of their dignity. More than 200 years ago, this House passed historic legislation to make the slave trade illegal. Sadly, the fight against slavery is not at an end. This Bill will ensure that we can continue that fight against the slave drivers and traffickers, and release innocent people from slavery and servitude so that they can be returned to freedom. I commend this Bill to the House.
Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
This is an important Bill, which we support, but it does not go far enough. The Home Secretary was right to talk about the horrors of modern slavery, but she was too complacent about how far the Bill will go in acting as a solution to those problems. Time and again, she has turned down the opportunity to strengthen the Bill. So much more could be done—and I hope it will —before it returns to us from the other place.
I thank my right hon. Friend the Member for Delyn (Mr Hanson) and my hon. Friend the Member for Kingston upon Hull North (Diana Johnson) for scrutinising the Bill on behalf of the Opposition. I also thank all members who served on the Committee and the members of the cross-party Joint Committee, including my hon. Friends the Members for Slough (Fiona Mactaggart) and for Linlithgow and East Falkirk (Michael Connarty), my right hon. Friend the Member for Birkenhead (Mr Field) and the right hon. Members for Uxbridge and South Ruislip (Sir John Randall), for Meriden (Mrs Spelman) and for Hazel Grove (Sir Andrew Stunell), who have continued to improve the Bill and argue for the changes required.
The horrors of modern slavery in the 21st century are still with us and the Home Secretary is right to raise such concerns about them. Victims include children forced into servitude or to tend cannabis farms; grown men exploited and held in dreadful, inhuman conditions, labouring under gangs; and women raped, beaten and pimped into prostitution. They are trafficked by gangs across borders or around the country, used and abused, their basic humanity denied.
The Home Secretary is right to say that action is needed to introduce a Bill that builds on the work not only of Anthony Totnes, but of the previous Government, who criminalised trafficking in 2003, introduced the new offence of forced labour, slavery or servitude in 2009 and created the national referral mechanism and the UK Human Trafficking Centre. It is also right to introduce new offences, a new commissioner and the new civil orders. However, if this Bill is such a powerful signal and a chance to lead the world, it should also be chance to go so much further.
The former Member for Totnes, Anthony Steen, has said that the Bill in its current form is a “lost opportunity”:
“The bill is wholly and exclusively about law enforcement—but it shouldn’t be enforcement-based, it should be victim-based. We have majored on the wrong thing. It is positive in the sense that it is an entirely new initiative, but is it going to do anything?”
That is the challenge from Anthony Totnes to all of us, and we should seize the opportunity to go further.
Sir John Randall
I hope the right hon. Lady realises that it is Anthony Steen, not Anthony Totnes. The quotation she cites relates to an early stage of the Bill and I know, because I am in constant touch with Anthony Steen, that, although there are some things to be addressed, that view was from some time ago.
Yvette Cooper
The right hon. Gentleman has taken a great interest in this subject and he did an immense amount of work on the Joint Committee. I thank him for his clarification. It shows that I still have the unfortunate habit, which we can so easily fall into in this place, of naming people by their constituencies, rather than by their surnames. I reiterate my tribute to—
Yvette Cooper
Yes, I reiterate my tribute to John Uxbridge, and to the former Member for Totnes, Anthony Steen, whom we all hold in high regard. The trouble is that the Bill has not changed very much during its passage. There have been some significant and welcome changes, but it still does not go far enough.
On law enforcement, the main offences at the heart of the Bill, particularly in clause 2, are not strong or simple enough to ensure that we can prosecute the criminals who drive this evil trade. It is such a shame that the Government have not listened to all those calling for separate offences of trafficking and exploitation, and for separate offences for children. We know that the law fails to protect children, and this is an opportunity to strengthen the law through a separate offence of child exploitation. I really hope that the other place will take that chance. I urge the Home Secretary to give this matter further consideration and I urge the Government to respond in the other place.
Jim Shannon
Last year, 2,744 people were trafficked across the United Kingdom, of whom 602 were children. Is the right hon. Lady aware of the legislative change made in Northern Ireland on human trafficking and exploitation? The legislation sets in place terminology and change that could be a precedent for the rest of the United Kingdom. Does she think that that is worth considering?
Yvette Cooper
The hon. Gentleman is right. We know that the issue crosses borders and exists in different areas, so we should look at such legislation. We all know that the most vulnerable people who are so abused by this evil trade are children, so we should do as much as we possibly can to ensure that they get the additional protection they need and deserve. That is why the Government should really look at this again.
We welcome some of the changes that the Government have started to make on supply chains. We hope that they will go further—we will look at the details of their proposals—because none of us should ever tolerate the seafood on our supermarket shelves or the fashion clothes on our rails being stained with the sweat and blood of slaves overseas, and our companies should never participate in that kind of slavery.
Why do the Government not go further and help domestic workers? Their visa reforms have made things worse, trapping more domestic workers into slavery. Why will they not admit that they have got things wrong and look at that again? Why will they not do more to help victims—the most important thing of all—through guardians, strengthened referral mechanisms and the anti-slavery commissioner? We hope that the other place will consider what more can be done to improve support for victims. Why do the Government not look further at the links between trafficking and prostitution, which also drive the evil trade?
Rarely has a Bill had such overwhelming support from Members on both sides of the House, but also caused so much frustration. It could go further, and it could do more. There can be no half-measures. This is about stopping evil people committing terrible crimes, ending the enslavement, abuse and degradation of modern-day slavery, and defending the rights of liberty and freedom that we in this country have championed for so long. Let us hear the words of one victim:
“I was trafficked. I was fooled. I was deceived”—
with someone—
“forcing me to work on the streets, beating me up, force feeding me and turning me into someone with no mind of my own. Death too often felt like my only way to escape…but I am a survivor. I have a new life but I am haunted by the faces of those who used me”.
For such victims and survivors, we must do more.
Sir John Randall
I want quickly to congratulate the Home Secretary, the Home Office and the Under-Secretary of State for the Home Department, my hon. Friend the Member for Staffordshire Moorlands (Karen Bradley), as well as all those with whom I have served on a variety of Committees on this subject, in which I am now totally immersed. Of course we could always go further, but I think that we have gone a huge way, and a lot further than we thought we would get. There is an opportunity at the end of the building, but we must not waste it, because with an election coming up, time is not on our side.
If we are to get more traffickers behind bars, we must concentrate—and these are the words that really matter—on victims, victims, victims. That is the key to it all. We must also utilise the vast skills, expertise and good will of non-governmental organisations and civil society. Many of the victims are frightened of Governments and law enforcement and we must recognise that what victims are used to in their own countries is not necessarily the same as they experience here.
As I am shortly to leave this place, I think the one thing that I can be sure of is that this was the finest hour in all my time here.
Jim Shannon
I have a couple of quick points but I shall try to leave time for other Members. I did not get a chance to contribute on Second Reading, so I wish to mention the clear case for the Northern Ireland Assembly and the suggestions made by the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) in new clause 22. That sets an example for the rest of the United Kingdom and should be part of how the Bill proceeds. We also want the anti-slavery commissioner to be introduced.
Let me put into perspective the importance of what happened in the Northern Ireland Assembly in the recent Human Trafficking and Exploitation (Further Provisions and Support for Victims) Bill. With the exception of 10 Assembly Members, Members across the Chamber supported the Bill—they cannot agree on welfare reform, but they can agree on that Bill, which I thought was interesting.
One point that was mentioned—although perhaps not as much as I would have hoped—is the fact that it is not always foreign citizens who are trafficked. Some British citizens in the United Kingdom are being trafficked—men for labour and girls for sex. Another issue that I hope will be considered at a later stage concerns students, some of whom have been forced into the sex trade as the best way to pay their student fees. Such issues cannot be ignored by the House and those outside it, and we must consider the effect on students and those who are forced by unscrupulous people—pimps—who are prepared to pay up to 100% of their tuition fees. Although new clause 22 may not have been supported by the House tonight, there will be chances in another place to do that, and when the Bill comes back we will get it right.
Sir Andrew Stunell
I will leave time, I hope, for the right hon. Member for Birkenhead (Mr Field).
We have moved a long way during the passage of the Bill, and I welcome every step. We are very near to having a world-class Bill, but we are not there yet. I hope that the Home Secretary will read the debate and listen to what was said about the Gangmaster Licensing Authority in particular, and about exploitation as a separate offence. There is still considerable work to do, but I commend the ministerial team for their work, the way they have listened, and the way this Bill has progressed through the House.
Mr Frank Field
I underscore that last comment, which is immensely important. This has been the most open conversation on a Bill that I have experienced in my time in the House.
Fifteen months ago there was no talk of this Bill, and tonight there are a few scratchy comments about whether it could be an even better world-class Bill—it will be when it leaves the other place. There are three tasks to do, and they are the difficult tasks as opposed to getting a world-class Bill. One is about victims, and that immensely difficult task will take time and resources. There is also the question of how we educate a new consumer movement, so that consumers enforce the Bill by refusing to touch goods and services made by slaves. The Secretary of State will have a world-class Bill, so I hope she will take it to the Commonwealth and enliven that body. Many of the supply routes to this country for slavery are from Commonwealth countries. Since the overthrow of apartheid, the Commonwealth has lacked a huge moral task with which to get involved, and I think this issue will be that. I thank the Home Secretary for her openness. Some of the concessions that she made, such as on supply chains, are ones that she wanted to give anyway.
Question put and agreed to.
Bill accordingly read the Third time and passed.