16:53 - Division on Amendment 3 - Ayes: 205 / Noes: 232 - Amendment 3 disagreed.
The Parliamentary Under-Secretary of State, Home Office (Lord Bates) (Con)
My Lords, I will be able to say something further on the record today, which I hope will go some way towards reassuring my noble friend and other noble Lords on this important matter.
It might be helpful for the House to reflect on where we have come on this particular part of the Bill’s journey, which relates to identification and support. We had Jeremy Oppenheim’s review of the NRM, which was widely welcomed and appreciated on all sides of the House. It is important to remember that Jeremy Oppenheim stopped short of suggesting that there ought to be a statutory footing for this. He said that he felt that would take away from the flexibility of tailoring support to the needs of potential victims. He argued that it would be better not to put it on a statutory footing. We had that debate in Committee, with the very helpful support of the noble and learned Baroness, Lady Butler-Sloss, and my noble friend Lady Hamwee, as I recall.
We then came forward with this enabling clause to say that we could enable the Government to bring forward regulations under the Bill. We then said that we would ensure that the services are working as effectively as possible and that we would have two pilot schemes, which will be set up in the next few weeks. They will test out the recommendations that have been put forward on identification and care in the Oppenheim review, along with other recommendations that have been made. We then said that, following those pilots, the guidance that will be produced will be subject to a public consultation.
I am going to some length to spell this out because someone looking at this amendment in isolation might think that the subject matter we are talking about, namely what services and care we provide to the victims of these crimes and how, which is of fundamental importance, is not stated anywhere—that it is somehow in the ether. The point I made in the past, and which I will make again, is that Her Majesty’s Government currently comply with all our international obligations under the EU directives and the convention. All we are talking about in this clause is what more we will do to go even further than our obligations require us to do. The idea that we are somehow going to drop below that threshold is simply not there.
When it comes to the amendment, we have some very specific difficulties with one or two of its provisions. I say to my noble friend, who has played such a pivotal role in bringing this legislation forward, that this has not been passed off lightly. The noble Lord, Lord Rosser, talked about the words which I used at Report and then asked whether the Government would be bringing forward their own amendment in respect of this. We have gone through this painstakingly to see whether we can do this, but we feel that to do so would be effectively to prejudge all the very good stages of consultation, pilots and testing which we have put in place. That is the only reason why we are not in a position to support the amendment in its current form. However, I want to put some additional remarks on the record and to answer the very clear questions which were made by the noble Lord, Lord Rosser, and the noble Baroness, Lady Howe, so I will seek to do that.
The quality of identification and support for victims is a critical issue. As I have said before, the victim is at the heart of the Government’s approach to tackling modern slavery. Given the importance of ensuring appropriate assistance and support for victims, I entirely understand the sentiment behind this amendment and I believe I can put on the record some remarks today which will give the noble Lord and the House reassurance on this issue. The Government are fully committed to meeting our international obligations in respect of support for victims. In fact, we provide more than the minimum set out in our international obligations. I want to be clear about the intention of the new enabling power in respect of identifying and supporting victims which is that any regulations made under this clause will be fully in line with our international obligations.
The amendment also raises the important issue of the monitoring and auditing of standards of care, which the noble Baroness, Lady Howe, mentioned. Standards of care are integral to the victim care contract and the lead contractor—currently the Salvation Army—will ensure that it and any subcontractor comply with the requirements set out in the contract. These include safe accommodation, access to interpretation services, which the noble Lord, Lord Rosser, asked me to repeat, and all other international obligations relating to support provisions. All service providers must be registered with the Care Quality Commission, which monitors, inspects and regulates care services to ensure that they provide people with safe, effective and high-quality care based on their needs and encourages providers to make improvements.
We want to see further improvements in identification and support of victims. That is why we are piloting the transformational recommendations of the national referral mechanism review to ensure that we get it right. It is also why we have committed to a formal public consultation to develop statutory guidance, under Clause 49, on victim identification and support. This will ensure that non-governmental organisations and others with expertise can help the Government to further improve the identification and support of victims.
I have some specific concerns. Given the period of major change that the NRM is currently going through, I would caution against specifying what the regulations must contain before the results of the pilots and the consultation on the guidance have helped us to frame future regulations. I also have concerns about the potential implications of the wording of the amendment, which could, for example, arguably conflict with the UK’s current policy of providing discretionary leave to victims where they are supporting a police investigation under our international obligations.
The regulations will be subject to the affirmative procedure, so Parliament will have an opportunity to comment on them before they are passed. Given that we have already come a long way on the issue by including an enabling power in the Bill and given the assurances I have provided about our international obligations, I ask my noble friend to reflect further on his amendment.
I will just deal with a couple of other issues. The first one is the point made by the noble and learned Baroness, Lady Butler-Sloss, who asked whether the regulations will include information about our international obligations. The answer is, yes, the regulations will include the international obligations we have discussed, including the type of victim support set out in the Council of Europe conventions. To distil this down to a fine point, which my noble friend was eager to ensure: when the guidance comes forward in statutory form, will it spell out what is going to be provided? I can say unequivocally that the answer to that is yes. That is reinforced on page 62 of the Modern Slavery Strategy document. It is further cross-referenced in the NRM review, which on page 38 makes many recommendations about the nature of the identification and support which should be given for this. The Government have stated categorically that we support in principle all the recommendations which have been made in the NRM review.
I am grateful to my noble friend for seeking those reassurances. I hope that he will see that we have been genuine in our desire to find a way in which we can address his concerns. We have not been able to do it by accepting this amendment, but I hope that the additional words which I have been able to put on the record from the Dispatch Box today will give him the reassurance he seeks and enable him to withdraw his amendment.
Lord McColl of Dulwich
I thank all noble Lords for their contributions, not only on this occasion but over many months. I thank the Minister for coming some way to allay our worries. I am very grateful to him for all the trouble he has taken and for the very gracious way in which he has coped with the conduct of this Bill. I thank him very much and beg leave to withdraw the amendment.
Lord Bates
First, I thank the noble Lord, Lord Alton —I think I want to thank him—for his amendment. In essence, it is like a number of these things. As the noble Lord, Lord Rosser, accurately surmised, we are more or less on the same page. The question is: do we at this stage want to have this written on the page, or do we want to leave it to something that we will come to a little later?
I sometimes get the sense—it might just be the Whip’s instinct in me—that people are preparing to take a run at testing the opinion of the House and they are galloping up the runway. I urge the noble Lord to bear with me a little while, while I try to set out what we are doing. I am putting on the record some things which I have not been able to put on the record before, but I am seeking to go further. I just ask him to keep an open mind as to whether at the end of this stage I have managed to convince him that, should he choose to withdraw, he will be withdrawing further down the path to where we all want to be at the end.
One of the key elements that we have here is another consultation going on at present about these very things. It is worth mentioning, because I genuinely want to flag it up and say that NGOs, companies and organisations —the Ethical Trading Initiative—would be people whom we would want to engage actively with this consultation, which was a concession; it was something which we said we would do in response to concerns raised in your Lordships’ House. We launched the consultation and it is open until 7 May. Question 13 on the consultation specifically asks:
“What would good practice look like … ?”.
When we deal with the publication of these statements, we hope that all the comments made here will be taken into that consultation, as well as the remarks which have been made about people who have been arguing passionately about this long before the clause was in the Bill. The noble Baroness, Lady Kennedy, led a very constructive debate on supply chains when the clause was not even a twinkle in the Home Office eye at that stage. It is in the Bill now and we are talking about how to make it work.
Much as I love the state of California, I find it an astounding gap that the home of Silicon Valley could not fathom out a way to create a website to consolidate all these statements in one place and make it easily searchable. That is a bit of a concern. One would think there would be lots of local companies—without naming any—which might be perfectly capable of doing that.
My noble friend Lady Hamwee asked me to report back on what had happened to the tech camp. It is actually just finishing and it is another element that I want to put in here. It was an initiative put forward by the Home Office in response to the precise question that the noble Lord put in his amendment. We set up the tech camp with the Home Office, Unseen, a charity which works with many trafficked people, and Deloitte consulting, which does a lot of work in the technology field. They have had two days looking at what solutions might exist in technology to enable this collation to take place very effectively. I cannot provide a read-out from the tech camp because it is meant to finish about now in St Paul’s in the City, although given that they are technical whizz-kids they probably clocked off a couple of hours ago. I certainly undertake to give noble Lords a read-out from that important gathering.
I am grateful to the noble Lord, Lord Alton, for soliciting from Kevin Hyland the commitment of support that he has given. That is helpful. He is the Independent Anti-slavery Commissioner-designate, and we cannot therefore direct him to do things, but he is suggesting he might have a role. Of course the point here is that everybody is in principle in favour of doing this, but not until they know what will be involved. A key point, as mentioned by the noble Baroness, Lady Kennedy, is where the threshold is drawn for how many companies we will be talking about. Will it be tens of thousands or thousands? How many will we be dealing with? That will obviously impact on people’s views.
Lord Bates
“Gangmasters Licensing Authority
The Secretary of State must—(a) before the end of the period of 12 months beginning with the day on which this Act is passed, publish a paper on the role of the Gangmasters Licensing Authority, and(b) consult such representative bodies and other persons as the Secretary of State considers appropriate about the matters dealt with by that paper.”
Lord Bates
My Lords, this amendment inserts a new clause before Clause 55. I thank noble Lords for the excellent debates that we have had on the Gangmasters Licensing Authority during the passage of the Bill, as well as the important discussions that we had outside the Chamber ahead of Report. I welcome the support expressed in this House for the vital work undertaken by the GLA—the Gangmasters Licensing Authority, that is. It is obvious that there is a shared interest right across the House in increasing the GLA’s effectiveness and indeed that of all the agencies engaged in the fight against worker mistreatment.
On Report last week, I welcomed the spirit—no pun intended—of the proposal from the right reverend Prelate the Bishop of Derby, which was supported by the noble Lord, Lord Alton of Liverpool, and the noble Baroness, Lady Kennedy of Cradley. I highlight that my concerns about it were of a technical nature; as in the previous group, there is no difference over the principle that we want to see in the Bill. I said that I would look again at this before Third Reading, and I have done so; the government amendment reflects our revised thoughts on the issue. It commits the Government to publishing a consultation paper on the role and responsibilities of the GLA within one year of the Bill being passed. This amendment achieves several important things, including a full public consultation on the role of the GLA, which will be placed in the context of the wider landscape of organisations fighting worker mistreatment. It provides for an evidence-based approach to further improving the role of the GLA in tackling abuse of workers. In addition, this new clause places this commitment to a consultation in legislation, meaning that a future Government must live up to the commitments that have been made during the passage of this Bill and ensure there is an urgent focus on the work of the GLA at the start of the next Parliament.
I believe that a clause on the work of the GLA in this Bill reflects the concerns expressed through pre-legislative scrutiny, debates in another place and in this House. All through the passage of this Bill, there has been a common view that we need to focus on getting the role of the GLA right, and this amendment reflects that clearly in the Bill. Through this full public consultation, we will be able to take proper account of the activity of other organisations devoted to tackling serious crime and protecting workers and make sure that, in whatever we do, we avoid creating duplication and overlaps between agencies, thus avoiding wasting time and money which could be better used than in allowing the perpetrators of mistreatment of workers potentially to escape scrutiny. Preparatory work on the consultation document will start immediately so that it can be published as soon as possible in the next Parliament.
I know that some noble Lords have supported the idea of an enabling provision to allow extension of the GLA remit by secondary legislation. Our assessment is that would not achieve its main purpose of avoiding the need for further primary legislation should a decision be taken to extend the GLA remit. We have not, therefore, focused the government amendment in this area. Any significant change to the GLA would be likely to require both reform of the Gangmasters Licensing Act 2004 and substantive changes to wider primary legislation related to how the labour market is regulated, such as the Employment Agencies Act 1973. A focus on how the remit of the GLA is set out in legislation in isolation fails to consider the need to make sure that our legislation provide for a coherent enforcement landscape that can be used by the police, the National Crime Agency, HMRC, the Employment Agency Standards Inspectorate and others.
I assure the House that the Government welcome and share the commitment expressed in this House to considering how best the GLA can tackle and punish those that abuse, coerce and mistreat their workers. Our proposal for a full and speedy public consultation reflects that commitment.
I add one other thing, on the subject of consultation. I know that we have had many consultations, but that in itself is part of the strategy. The more that we engage with organisations and individuals about different aspects of how this Bill is going to work in practice, the more awareness there will be of the problem and of the new, robust legislative landscape that is there to tackle this abuse. I hope that noble Lords will support this amendment to ensure a comprehensive consultation. Again, I particularly thank the right reverend Prelate the Bishop of Derby for his work in this important area.
The Lord Bishop of Derby
My Lords, I thank the Minister. This is another excellent example of listening, learning and working together and taking seriously what was said at Report. On Monday, I was privileged to be at the GLA national conference, which was in Derby, where the Minister, Karen Bradley, who I see is present, was the keynote speaker. I was privileged to speak, along with the new independent commissioner designate. The GLA is alive and well and thinking creatively, but it will be very important for it to use its expertise in a targeted way and negotiate how that expertise is employed alongside other inspectorates. I welcome this proposal.
At the event on Monday, there was the launch of an academy by Derby University in partnership with the GLA to help businesses to learn good practice at a professional benchmarked standard to enable them to comply with the spirit and direction of the Bill and for there to be proper professional training of those employed in businesses to administer supply chains and employment.
The GLA is fulfilling all the expectations that it raised with the Select Committee and Members of this House. It is very important that we undertake this work. I am grateful that the amendment contains the word “must” because it is important to do this scoping out and I thank the Minister for tabling it.
Lord Rosser
The comment that I wanted to make was in line with that made by the noble Earl, Lord Sandwich. I appreciate that the Minister can talk only about the intentions of this Government and not those of a future Government. The amendment refers to publishing,
“a paper on the role of the Gangmasters Licensing Authority”.
Will the Minister assure us that the Government are not looking to extend the role of the GLA into other new and very different areas such as crime control or anything to do with border security, but that they will consider whether to extend its existing remit and resources to enable it to continue to fulfil the very successful role that it plays in labour inspection, enforcement and standards? There must surely be a need to concentrate on its core functions and perhaps extend the area in which it carries them out given that it is highly successful at achieving those core functions which are crucial in the fight against modern slavery.
Lord Bates
My Lords, I am grateful to the right reverend Prelate for welcoming this amendment. I again thank him for his work in this area. In answer to the point made by the noble Earl, Lord Sandwich, the consultation will look across all aspects of the GLA’s work and will consider how it can make an effective contribution to tackling worker exploitation through asking questions about how we can improve the way that it gathers and shares intelligence with other agencies and the way that it interacts with other agencies. The consultation will also examine possible changes to its enforcement activity and powers as well as to its licensing functions. Given that that is the intent, I certainly think that the scenarios outlined by the noble Lord, Lord Rosser, would not arise. We are talking about the mistreatment and exploitation of workers. The GLA performs excellently in its present role and we are seeking to ascertain whether, given this new piece of legislation, it can play a part in supporting the work of tackling exploitation. I hope that I have reassured the noble Earl.
Lord Bates
“( ) regulations under section 43(9) which contain the provision mentioned in section 43(10) (modification of section 43 in its application to public authority added to Schedule 3);”
Lord Bates
(ii) the provision mentioned in section 43(10) (modification of section 43 in its application to public authority added to Schedule 3);”
Lord Bates
My Lords, the new advice from the Procedure Committee is that it is at this stage, in moving that the Bill do now pass, that we make some traditional remarks marking the end of this stage. I want to take that opportunity.
To start naming particular individuals is perhaps invidious, since so many have engaged in this process. This has been a genuine cross-party effort. All sides of the House, including the Cross Benches, have played an incredibly important role. That also includes the Bishops’ Benches—they have played a very important role in shaping this legislation.
In all the legislation I have ever been involved in, this has perhaps been one of the most significant. Procedurally it has been one of the best for Parliament. I am delighted to see the Minister for Modern Slavery at the Bar of the House. It is appropriate that she is there. When the Bill was published it went through pre-legislative scrutiny. It was then republished. It was taken through a substantive series of Committee stages in the other place, where amendments were made. It then came to your Lordships’ House where it has been engaged with again. The amendment that I just passed, Amendment 8, was the 100th government amendment that we have made to the Bill in the House of Lords. That is a tribute not only to the deep passion that we all share on this issue, but to the thoroughness with which we have engaged.
From my point of view, I thank in particular my noble friend Lady Garden for her support through this process. I thank members of the Bill team, who have done such a tremendous job. We have put them through an incredible pace. The number of letters, bilateral meetings, interested Peers’ meetings and telephone calls that we have had has put a tremendous strain on them. I am very conscious of that, but they have performed their role perfectly in support of our discussions in your Lordships’ House.
I take great pride in this Bill. It was more than 200 years ago, as the noble Lord, Lord Alton, often refers to, that legislation abolishing slavery was passed by this House. It was this country that took a lead in the world to produce legislation to bring about that effect. What we have done in our work is of a similar magnitude and similarly groundbreaking. It needs to send a message to the victims that we are here and will provide them with support, and to those who are perpetrating this evil crime that there are powers, capabilities and institutions that are now on their case in tackling their inhumanity to other human beings. With that, I beg to move.
Lord Rosser
I thank the Minister for his very kind comments. I, too, add my appreciation for the work that both he and the noble Baroness, Lady Garden, have done. I express my thanks to the members of the Bill team. Whether with 100 government amendments they ended up in a state of despair, I do not know, but if they did they never showed it and we are extremely grateful.
I also express appreciation from these Benches to all noble Lords who have taken part in our discussions, whether from a political party, the Cross Benches or the Bishops’ Bench. We have had numerous meetings which have all been extremely helpful. They have certainly all been extremely good-natured and conducted on all sides with a view to trying to resolve any differences of view and to come up with solutions that have been acceptable to us all. I also thank those organisations and individuals who have provided advice and briefings. I am sure we have found them all very useful and helpful. Whether or not we have always taken the road that the advice suggested is another matter, but we appreciated receiving it.
This Bill has been interesting because at heart it has not been a party-political issue. We have all been trying to achieve the same objective. We may have had slightly different views as to how that objective should be achieved, but nevertheless this Bill has avoided some of the rancour that can go with highly party-political issues. As the Minister has said, at the end of the day we have achieved real progress on behalf of the victims of modern slavery and I am sure this Bill and its terms will be much appreciated by all those concerned for what it will achieve.
The Minister said there had been 100 government amendments. They were obviously put down in part as a result of the patience, good nature and willingness to listen of the noble Lord, Lord Bates, and the noble Baroness, Lady Garden, which has been widely commented on in this House and widely appreciated. Of course, in so doing, the Minister has denied us the excitement and thrill of a number of votes, but in view of the outcome of the last one, perhaps that is just as well.