16:34 - The House divided: - Ayes: 270 / Noes: 358 - Question accordingly negatived.
The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)
I thank the hon. Member for Halifax (Holly Lynch) for her speech. As she said, this matter was debated just yesterday in a Westminster Hall debate that was attended by one colleague.
Let me start by reiterating the Government’s commitment to tackling modern slavery. The UK has led the world in protecting victims of this heinous crime. We will continue to support those who have suffered intolerable abuse at the hands of criminals and traffickers, and we will do everything in our power to ensure that perpetrators face justice. In a further demonstration of our commitment to supporting victims of modern slavery, the new modern slavery victim care contract went live in January this year, with an estimated whole-life cost of £379 million over its five-year lifetime. It will deliver a better service that it is needs-based and will do even more to look after individual victims.
It is worth mentioning that last year there were about 10,000 claims by victims of modern slavery and we made about 10,000 positive reasonable grounds decisions. That is, I think, one of the highest numbers, if not the highest, in Europe, and it is many times higher than in comparably sized European countries. So there is no question but that the United Kingdom leads Europe in its work on protecting victims of modern slavery. We have also embarked on an ambitious national referral mechanism transformation programme to do even more work than we are doing already. We have, moreover, launched a review of the 2014 modern slavery strategy that will allow us to build further on the progress made.
Although our commitment to cracking down on these appalling crimes remains undiminished, being recognised as a potential victim of modern slavery does not and should not automatically result in being granted immigration status in the UK or immunity from immigration proceedings. There may be potential victims or victims of modern slavery who have no lawful basis to remain in the UK, some of whom will be dangerous foreign national offenders, and about whom we are faced with decisions about using detention lawfully as a means of securing their removal. That is especially true when other options, including voluntary return, have been exhausted. Where we are faced with these decisions it is important that they are made in a way that is consistent, fair and balanced.
The shadow Minister mentioned detention, and it is worth saying that the use of detention for immigration purposes has been reduced significantly. The number of people in immigration detention in December 2019, before the pandemic started, was about half the level reported in September 2017. Moreover, of those entering immigration detention in 2019, I believe, from memory, that 39% spent only a week and about 75% spent less than 28 days in immigration detention. It is used sparingly and only where necessary to deliver our immigration rules properly.
The rules we are discussing today rectify an anomaly in the existing policy to bring detention decisions for potential victims of modern slavery within the scope of the adults at risk policy. That is the policy we use to make detention decisions for vulnerable people, including those with serious physical or mental health disabilities. At present, the adults at risk policy requires detention decisions for potential victims of modern slavery to be made with reference to separate Modern Slavery Act 2015 statutory guidance. That guidance does not steer decision makers in how to balance a person’s vulnerability against other considerations when making detention decisions, but makes reference only to public order, as the shadow Minister said.
We believe that the adults at risk policy, which already caters to all kinds of other very serious vulnerabilities, is the appropriate framework for detention decisions for potential victims of modern slavery. It allows for a nuanced and balanced assessment of detention decisions to be made, which the current policy does not allow. It also supports our desire for a clear and consistent approach to safeguarding in immigration detention decision making and will enable decisions for potential victims to be made in line with those for other categories of vulnerable individuals. To be absolutely clear, the vulnerability and risks associated with potential victims of modern slavery will categorically continue to be fully accounted for and fully considered.
Let me be clear: these regulations will not weaken the protections afforded to potential victims of modern slavery. The adults at risk immigration detention policy is well-established—it has been in place for at least five years. It enables officials to identify vulnerable adults and make decisions about the appropriateness of their detention, balancing all relevant considerations. The adults at risk policy strengthens the presumption in immigration policy that a person will not be detained where they may be particularly vulnerable to harm in detention.
Moreover, we do recognise and will continue to recognise the specific protections afforded to those in receipt of a positive reasonable grounds decision, in accordance with the European convention on action against trafficking in human beings. All those protections will, of course, be respected, and I can also assure the House that caseworkers and other Home Office staff will receive the appropriate guidance and training so that they are able to properly take into account those special protections for potential victims of modern slavery. We fully accept that those specific considerations exist. We recognise that in some circumstances an individual’s history may have been influenced by their trafficking or their previous modern slavery experiences, and that will most certainly be reflected in guidance and in subsequent decision making. Let me also be clear that every decision is taken individually, on a case by case basis, and there is a presumption against detention where there is particular vulnerability to harm. Those two things should give the House a great deal of reassurance on these points.
In conclusion, as I have set out, modern slavery is a despicable crime. The UK is leading Europe in identifying and protecting victims and going after perpetrators. The changes we are contemplating today make use of a well-established, effective policy for protecting vulnerable people and enable a rounded and balanced decision to be taken in these difficult cases.
Chris Philp
I thank all the Members who have contributed to this discussion. I particularly thank the hon. Member for Strangford (Jim Shannon) for his well-considered and thoughtful comments on the issues we are debating. I thank him for his remarks about the resettlement scheme, from which his constituents have benefited. That demonstrates the Government’s unshakeable commitment to protecting vulnerable people around the world.
The resettlement programme to which the hon. Gentleman referred has resettled 25,000 people over the past six years, which is more than any other European country. That is clear evidence of the Government’s compassionate commitment to those in genuine need. He referenced in particular persecuted Christians, of whom there are many around the world. In fact, following a speech that I heard him make in a debate in the Chamber a year or so ago, he will notice that the new plan for immigration expressly references persecuted Christians around the world and the need to offer them sanctuary here in the United Kingdom. Where Shannon led the way, the rest of the United Kingdom will, I hope, follow.
The hon. Gentleman asked for an assurance that the resettlement programme will continue. Yes, it will. In fact, it is already continuing. We recommenced a few weeks ago, so I can give him the assurance for which he asked. On the question of indefinite detention, we do not detain people indefinitely for immigration purposes. About 75% of people in immigration detention are there for 28 days or less. It is used as a last resort. The Hardial Singh principles strictly set out the circumstances in which it can be used, and at any time anyone in detention can apply for immigration bail.
Most importantly of all, it is categorically not true and is not the case that we will be turning our backs on victims of modern slavery. On the contrary, we have done more than any Government in history to look after them. Indeed, we are doing more than any Government in Europe to protect and look after victims of modern slavery. The change that we are discussing today does not alter that fact. I can assure the House that decision makers will continue to take careful account of vulnerability, risk and the experience of modern slavery victims—or potential victims—when making these decisions. That will be fully taken into account, and balanced with other considerations. Victims will be respected, treated carefully and looked after, as they have been in this country for many years. We have a proud record on this topic, and that will continue for many decades to come.