Calais Camp: Lone Children

Baroness Butler-Sloss Excerpts
Monday 10th October 2016

(9 years, 2 months ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness Williams of Trafford Portrait Baroness Williams of Trafford
- Hansard - - - Excerpts

I totally agree with the right reverend Prelate; children are at the top of our agenda. It is not just the Prime Minister who thinks that; I think that we all agree that children, especially vulnerable children, are our top priority. That is why we are working together, by putting additional funding into this, speeding up the process and engaging with officials in the French Government on a daily basis.

Baroness Butler-Sloss Portrait Baroness Butler-Sloss (CB)
- Hansard - -

My Lords, we are told that the French authorities are proposing to close the Calais Jungle camp some time in the next month or two, so the question of the children is extremely urgent. I fail to understand what is holding it up now. If there is a dedicated team and everybody else, who on earth is not pulling their finger out?

Baroness Williams of Trafford Portrait Baroness Williams of Trafford
- Hansard - - - Excerpts

The noble and learned Baroness asks a very pertinent question. As we have heard, the camp closure will begin soon. We have put in place various processes—as I have just said, we are speeding up transfers. We are working with NGOs and others to make sure that the process is speeded up. No unaccompanied child—or any other child—should be in the Calais camp. That is why we are redoubling our efforts, together with the French, to get those children to safety.

Calais: Refugee Camp

Baroness Butler-Sloss Excerpts
Thursday 15th September 2016

(9 years, 3 months ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness Butler-Sloss Portrait Baroness Butler-Sloss (CB)
- Hansard - -

My Lords, I am glad to follow that impassioned speech by the noble Lord, and I share entirely what he had to say. I am co-chair of the parliamentary group against human trafficking and modern slavery, so my particular concern, as your Lordships might imagine, is of course the dangers to the children in Calais. I would add, along with everybody else, my admiration for the noble Lord, Lord Dubs, for his persistence and effectiveness in keeping this terribly important subject before the House and of course the Government.

There is not much to add, as it has already been said so powerfully by others today, but there is an urgency, as the camp is about to be demolished. There are two groups of children that we have been told about. I can understand that those who do not have family here will have to go through a procedure to find homes for them and local authorities prepared to take them, but that is not in fact a very difficult procedure, one would have thought. As for the 387 children who have a right to be here, we should all be very ashamed of the story told to us by the noble Baroness, Lady Jenkin, about the children who have a right to be in Birmingham but who spent nine months trying to get here. I fail to understand why children with a right to come to this country because they have family here are not being brought within weeks. I cannot see what the hold-up is, and in so far as there is a hold-up, for goodness’ sake, can everybody not get off their backsides and do something about it?

Modern Slavery (Transparency in Supply Chains) Bill [HL]

Baroness Butler-Sloss Excerpts
Friday 8th July 2016

(9 years, 5 months ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness Butler-Sloss Portrait Baroness Butler-Sloss (CB)
- Hansard - -

My Lords, I cannot resist commenting on the speech of the noble Lord, Lord Cormack. First, public Bills put forward by government nearly always need amendment; it is unfair to single out Private Members’ Bills. Secondly, I would support any action the noble Lord takes to abolish acronyms. I spend my life having to ask people what on earth various letters mean, so that would be brilliant. However, I do not agree with his comments about the Bill’s Title, because the noble Baroness, Lady Young, whom I congratulate very much on bringing this timely and necessary Private Member’s Bill forward, quite rightly followed the wording of the Modern Slavery Act in that respect. If I may respectfully say so to the noble Lord, it would be madness to go out on a limb when we have the wording that is already in the Modern Slavery Act, and this Bill is intended to be a very necessary improvement to that Act. The Modern Slavery Act is a very good Act and I share the noble Lord’s view that Theresa May is much to be congratulated on having courageously brought it forward. We are all very indebted to her for the Modern Slavery Act, on which I worked. Noble Lords know that I am much involved in modern slavery elements in both the parliamentary group and the Human Trafficking Foundation.

The Government are to be congratulated on the innovative supply chain requirement in the Modern Slavery Act. However, I wish to make two points. First, a good Act can always be improved. I cannot see why, in principle, the Modern Slavery Act applies to large private companies and not to government procurement, government agencies and local government. An example is procurement by the Ministry of Defence, which is absolutely enormous. There can be no good reason in principle why the Ministry of Defence should not have a similar, but not necessarily exactly the same, requirement as private companies. Why on earth should the Government not have a similar requirement to independent companies to have this transparency made absolutely clear?

The big companies gave evidence to the Modern Slavery Bill pre-legislative scrutiny committee. They were entirely happy to have transparency but they asked for—and I use the phrase that the noble Baroness, Lady Young, used—a level playing field. They did not ask for government procurement to be included but it must have been in their minds. I cannot see why the Government cannot lead and show the world that not only do they expect private companies to do this, but they themselves will get involved. That would be wonderful message not only for the United Kingdom but around the world. I spent some time at the Vatican quite recently, explaining to 22 other countries what the Modern Slavery Act was about but I was not able to say that the Government were intimately involved in this very important part of it, which many other countries are interested in.

I do not think the noble Baroness, Lady Young, would be at all embarrassed by my saying that it is quite clear that Clause 1(2) could be improved, in particular to include—regarding the second issue I want to deal with—what sort of statement should be provided. We could look in Committee at providing a way that would be acceptable to the Government. The fact that this may need to be changed does not mean that we should not have it; that it the really important point of this Bill.

My second point, therefore, is that at the moment there is absolutely no way that we can tell whether companies are obeying the law and making the appropriate return under the Modern Slavery Act. We do not know which companies are obliged to make the return; we have no idea. There is no one to report to. It is very unsatisfactory to have a law where one does not know to whom it applies and whether those to whom it applies are complying. It is an extraordinary situation in the state of law.

There are various ways in which this could be remedied. One could have a requirement to file with Companies House, or a government department could compile a list of companies to which the public have access. I understand that the Government are likely to say that this would be extremely difficult and that it would change all the time, but if the Government bring in legislation that requires companies to comply, they really also ought to be able to know to whom the law is applying. I therefore do not see that that is a very good argument. A government department—not necessarily the Home Office—could receive statements sent officially by a company. We could have a genuinely independent, properly managed website—if one could find it; I take the point of the noble Baroness, Lady Young, about the various organisations offering what look to be really spurious suggestions of how they would manage a website, which would be to their financial advantage. I would be very unhappy about that.

I am particularly worried about not only the big companies that have to give this information but the extent to which they are able to manage and scrutinise the work of their subcontractors and the agents who have other subcontractors over whom the company that sells the product does not have proper control. This is an aspect we need to look at. We need to encourage companies to do due diligence, not just at their own level and that of their subsidiary companies, but at the level of their subcontractors who provide them with the goods that they sell.

There is of course an argument about the burden of regulation but it was, in my view, utterly destroyed in the Joint Select Committee on the Draft Modern Slavery Bill by the biggest of the companies that came to talk to us saying that it did not object to doing this. Interestingly, John Lewis, for instance, has a document that shows that it is complying with human rights, which is of course already a requirement for companies, and is putting a requirement to deal with modern slavery in that same document. That seems a perfectly sensible way of doing it but it may not suit other companies. So the burden of regulation is not a good argument. I do not think that it matters which way companies do it, so long as it is set out in a company document that is the responsibility of the main board and not of someone subsidiary. We need a consistent approach by industry, including government procurement. The wording of Clause 1(4) could be improved; it does not need to be in an annual report and accounts so long as it is in an appropriate document. Business could probably tell us what would be the more appropriate phraseology to use.

I end by saying that, next Wednesday afternoon, the Human Trafficking Foundation will hold a meeting to talk about transparency in the supply chain, at 5.30 pm in Committee Room 3. We will be discussing what large companies are expected to do and among the companies coming are John Lewis, Primark, Tesco and the British Retail Consortium. Am I really going to have to say to them that we held this debate, thanks to the noble Baroness, Lady Young, and that, at the end of it, the Government resolutely refused to have anything to do with it and were not prepared to involve government procurement as part of what big business is expected to do? That would not, I suspect, go down very well next Wednesday.

--- Later in debate ---
Lord Keen of Elie Portrait Lord Keen of Elie
- Hansard - - - Excerpts

I am obliged to the noble Lord.

The noble Baroness, Lady Hamwee, raised a number of issues. One of them was how we identify those corporate entities or partnerships that have an obligation under Section 54. The obligation was designed to coincide with the definition of large companies under the Companies Act in the context of registration. I am not saying that that takes us very much further forward, but there is at least a litmus test that one can have regard to in that context. I do not seek to ignore the other points that she raised, but I hope I have covered them in the course of this reply.

The noble Lord, Lord Kennedy, asked about public bodies. Again, if I may, I repeat that they are subject to a parallel provision—albeit not identical, for obvious reasons—and that is being developed under reference to the code that I mentioned before.

In conclusion, I thank the noble Baroness, Lady Young, for raising this important topic. The Government have listened and reflected carefully on the topics raised by her Bill. We are determined to lead by example on this issue and do everything that we can to prevent modern slavery in both the public and private sector supply chains in this country, and indeed overseas. While the Government are not persuaded that further legislation is the right approach at this stage, we welcome the ideas in the Bill. We will want to examine some of them in more detail and, as I have said before, I will be happy to meet with the noble Baroness again to do so.

Baroness Butler-Sloss Portrait Baroness Butler-Sloss
- Hansard - -

Before the Minister sits down, may I ask two questions? First, as I understand it, it is being suggested that in the public sector the human rights requirement meets what is needed for modern slavery. If that is correct, why on earth was it necessary to have a modern slavery requirement for the private sector? Secondly, it is all very well for the Secretary of State to have the power to go to the County Court, but what he needs to know is, first, who the companies are and, secondly, whether they have in fact not complied. From what the Minister has said, I do not understand at the moment how the Government are going to find either of those points.

Lord Keen of Elie Portrait Lord Keen of Elie
- Hansard - - - Excerpts

On the first point, the private sector is not subject to Section 6 of the Human Rights Act 1998, which is what I sought to explain earlier. On the second point—

Baroness Butler-Sloss Portrait Baroness Butler-Sloss
- Hansard - -

The independent private companies are also caught by the Human Rights Act under the current legislation because they have to do a human rights report every year. I do not quite understand why the Government think that that is good enough for the Government but not for private companies.

Lord Keen of Elie Portrait Lord Keen of Elie
- Hansard - - - Excerpts

As I say, the public sector is subject to Section 6 of the Human Rights Act; that was merely one aspect of my explanation as to why it was not considered appropriate to extend this legislation to the public sector. The other issues concern the Public Contracts Regulations 2015 and the codes and guidance that apply in that context.

As regards the Secretary of State having resort to the courts to bring a penalty, we will see consumers, NGOs and peer pressure bringing out the question of who is complying and who is not. I will give one simple example. If a retailer on the high street discovers that their competitor is retailing T-shirts at 50p each when they know perfectly well that they cannot be produced for anything like that sum, and they persist in doing so, they will detect that something is amiss. As the large corporate retailers observed in the consultation period, they want a level playing field and their one way of doing that is to ensure that their competitors comply with Section 54 and, if they do not, to bring that to the attention of the Secretary of State.

Immigration Officers

Baroness Butler-Sloss Excerpts
Monday 4th July 2016

(9 years, 5 months ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Ahmad of Wimbledon Portrait Lord Ahmad of Wimbledon
- Hansard - - - Excerpts

We currently have 1,280 full-time equivalent staff who are undertaking this casework. The noble Baroness talks about retention; there is normal turnover of staff. We are also enhancing some of the requirements, particularly on English language, for such staff, which will come into play in this area, and across the public sector, from October 2016. It is important in any role undertaken within government and the public sector that career paths are pointed out to people—the mentoring scheme we deploy for such staff is a valuable asset in this regard.

Baroness Butler-Sloss Portrait Baroness Butler-Sloss (CB)
- Hansard - -

My Lords, I have several friends from different parts of the EU who have indefinite leave to remain and have lived in this country for many years. They are now asking me whether they are safe to stay here in the future. Will the Minister make it clear, through the Government, that those people will be able to remain, regardless of what the details regarding the EU are?

Lord Ahmad of Wimbledon Portrait Lord Ahmad of Wimbledon
- Hansard - - - Excerpts

As we have previously heard from this Dispatch Box, the Leader of the House, the Prime Minister as well as others, the position of EU nationals within the United Kingdom who have indefinite leave to remain does not change. In any future discussions we have with our European partners, the important thing is the need to reflect that fact and also—as my noble friend raised in an earlier question—the needs and requirements of those UK citizens who have made their home in the member states of the European Union.

Historical Child Sex Abuse

Baroness Butler-Sloss Excerpts
Thursday 30th June 2016

(9 years, 5 months ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness Butler-Sloss Portrait Baroness Butler-Sloss (CB)
- Hansard - -

My Lords, I am relieved that this debate is taking place and I am grateful to the noble Lord, Lord Lexden, for managing to bring it before this House. We should look calmly and frankly at the very difficult problems which are emerging with increasing regularity. I agree with what was said by the previous speakers.

We live in troubled times—and I do not refer only to the referendum. Ever since the shocking case of Jimmy Savile and others we have become accustomed to serious allegations of sexual abuse being made against well-known figures. We must recognise that many people, male and female, who were sexually abused as children have only recently been able to disclose that abuse, many years after the shocking events took place. It is brave of them to do so, and they have to relive the dreadful behaviour by adults they trusted, who abused that trust. Such allegations must of course be very carefully and rigorously investigated, and many of the allegations of historic abuse which are now being made have resulted in prosecutions and convictions. We need to remember that among those convicted was a diocesan bishop.

However, the question arises of how to deal with allegations made against those who have died, some of them many years ago. I suggest that a distinction should be made between the management of allegations against a living person and those against one who is deceased.

As noble Lords will know, there are two standards of proof—the criminal, which is of course a higher standard, and the civil standard of proof, which is on the balance of probabilities. As has already been said several times today, there is a firm commitment in English criminal law to the principle that a person is innocent until proved guilty in a criminal court. In cases where the balance of probabilities is applied, we must recognise the importance of looking carefully at the inherent probability or improbability of the allegations, as was said in the Judicial Committee of the House of Lords, the predecessor of the Supreme Court, in a case called Re H in 1996. It happens to be a case in which I was in the Court of Appeal and it was appealed to the House of Lords. In that case, the noble and learned Lord, Lord Nicholls, said:

“The more improbable the event, the stronger must be the evidence that it did occur before, on the balance of probability, its occurrence will be established”.

Of course there will be cases where there is a strong body of evidence against a deceased person, but the words of the noble and learned Lord should be carefully considered.

The issue that causes me considerable concern is where the balance of probabilities is applied to historic cases of child abuse in which the alleged perpetrator is dead. I was taught as a young barrister “audi alteram partem”—that is, one has to hear both sides. Jimmy Savile may have been an exception because the volume of evidence of many, many victims built up to a horrifying degree, and there are other cases, but in general, with a few or particularly only one person making the allegation, however convincing, the authority or organisation dealing with the allegation has a duty to recognise that it may be able to get the story only from one side.

Consequently the authority, organisation or agency with the unenviable and difficult task of dealing with allegations against a person who may have died many years ago needs to have a policy and indeed a formula. In particular, it needs wording which makes it clear that it should listen to and recognise the seriousness of the allegations and give appropriate support to the person making those allegations, but generally—I should perhaps say always—it should resist the temptation to say that the account is convincing and is to be believed. Even on the balance of probabilities, if one side cannot be heard, that in my view is a step too far.

The authority also has to be absolutely aware of the media’s ability to elaborate and distort the statements. Great, great care must be taken not to allow the media to convict the deceased alleged abuser based on the loose language used in the authority’s statement. I understand that the Church of England did not actually say that Bishop Bell was a sex abuser but it appears not to have taken steps to correct the media impression.

I have no views on whether, if the evidence of sexual abuse is strong, the victim should be compensated. In some cases it is clearly the right thing to do. I know from my report on sexual abuse in Chichester that the evidence against one priest who died was very strong, and compensation in that case was, in my view, entirely appropriate. It is not necessary for me to refer any more to Bishop Bell. I am more concerned about a better way of dealing with historic allegations against a deceased person in future and to correct the balance.

I am relieved to learn that the Church of England is now holding an internal inquiry on how the Bishop Bell case was dealt with. I hope that it will include how the Church will deal with similar issues in the future, and that it will ask the right questions. I hope that it will also look at the language that the Church and its representatives will use, and remind them of the importance of caution in everything that is being said.

This is a problem that will not go away, and it is quite clear that the method of dealing with it somehow or other has to be improved. I am not sure how easy a code of conduct would be to achieve but it is, undoubtedly, a sensible suggestion that requires careful consideration. However, I am not convinced that statutory guidelines would be the right way forward.

I wonder whether your Lordships will allow me to tell the House a personal story. When I was a Court of Appeal judge, I was cautioned by the police in relation to an accident that occurred in Cardiff. They cautioned me in the Royal Courts of Justice in London in respect of a silver Honda Civic, with my number plate, which had turned right without giving any warning and knocked over and injured a cyclist. I said that I was in London on the day in question, sitting in court, and told them to ask the registrar. “We have done so”, they said. Then I told them where I was in the evening and that there was no way I could have got from trying a case in London to Cardiff. They said, “We know that, and we also know that the woman who did it had long hair”—I have always had short hair—“and was at least 20 years younger than you”. The reason for telling you this is that I then received a letter from the police saying that there was insufficient evidence to prosecute me.

Terrorism: Terminology

Baroness Butler-Sloss Excerpts
Monday 27th June 2016

(9 years, 5 months ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness Stowell of Beeston Portrait The Lord Privy Seal (Baroness Stowell of Beeston) (Con)
- Hansard - - - Excerpts

Did the noble and learned Baroness give way to the noble Lord? The House was calling for the noble and learned Baroness, but if she has given way she has given way.

Baroness Butler-Sloss Portrait Baroness Butler-Sloss
- Hansard - -

I thank the noble Baroness. I had not given way; I just thought it was polite to sit down. I am the chairman of the Commission on Religion and Belief in British Public Life. Across the country we have discovered the importance of talking to people with whom we do not agree. Will the Minister make sure that the Government talk to groups of whom they do not approve and who have very different views? Communication and dialogue are crucial in these matters.

Lord Ahmad of Wimbledon Portrait Lord Ahmad of Wimbledon
- Hansard - - - Excerpts

I assure the noble and learned Baroness that I am often in conversation with people with whom I disagree. Going back to my earlier answer, I think that our society is based on mutual respect. That is born out of the fact that people may have contrary opinions but we sit down with them, listen to those opinions and find a solution. The Government have been instrumental in building and strengthening partnerships with all faith communities, including the Muslim community of all denominations, to meet the challenge that we currently face.

Refugees: Unaccompanied Children

Baroness Butler-Sloss Excerpts
Monday 13th June 2016

(9 years, 6 months ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Ahmad of Wimbledon Portrait Lord Ahmad of Wimbledon
- Hansard - - - Excerpts

I commend the noble Lord’s work in this respect and his consistent efforts on this issue. There is an issue about identifying the children who require such assistance. That is why we are working very closely with the French Government and my right honourable friend the Minister for Immigration visited Greece in May to discuss this issue. I assure the noble Lord that we are also working very closely with local authorities to ensure that the support they provide is effective and that we do not put undue burdens on them.

Baroness Butler-Sloss Portrait Baroness Butler-Sloss (CB)
- Hansard - -

My Lords, have any children arrived yet and, if not, why not?

Lord Ahmad of Wimbledon Portrait Lord Ahmad of Wimbledon
- Hansard - - - Excerpts

If the noble and learned Baroness is referring to the actual scheme, we are still finalising the arrangements. The resettlement figures across all the schemes for the year ending March 2016 are that 1,667 Syrians were resettled in the UK under the Syrian vulnerable persons resettlement scheme and that a total of 1,854 people have been granted humanitarian protection under the scheme since it began, including 1,602 who have arrived since October 2015. In the year ending March 2016, 49%—824—of those resettled under the Syrian VPRS were under 18 years old and 49% were female.

Modern Slavery Act 2015 (Code of Practice) Regulations 2016

Baroness Butler-Sloss Excerpts
Wednesday 27th April 2016

(9 years, 7 months ago)

Grand Committee
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Keen of Elie Portrait The Advocate-General for Scotland (Lord Keen of Elie) (Con)
- Hansard - - - Excerpts

My Lords, I shall speak to the draft Modern Slavery Act 2015 (Code of Practice) Regulations 2016, which were laid before this House on 14 March.

The Modern Slavery Act 2015 includes important maritime enforcement powers for constables and enforcement officers to use when investigating modern slavery offences committed at sea. These provisions will give law enforcement officers at sea similar powers of enforcement to those available to enforcement officers in relation to drug traffickers. In summary, these are: the power to stop, board, divert and detain a vessel; the power to search a vessel and obtain information; and the power to arrest and to seize any relevant evidence.

The Modern Slavery Act enables law enforcement officers to use these powers in relation to certain ships in international waters, as well as UK territorial waters. It will also allow law enforcement officers in hot pursuit of ships to exercise their powers throughout UK territorial waters, so that they have the powers they need to catch the perpetrators of these terrible crimes. These powers are important because victims can be trafficked on vessels or subject to terrible abuse and forced labour while at sea. If law enforcement officers have to wait for vessels to return to UK territorial waters or to a UK port before they can take action, this can expose victims to extended periods of abuse and risk to life.

Before these new powers are brought into force, Schedule 2 to the Act requires that a code of practice is put in place for England and Wales for English and Welsh enforcement officers to follow when arresting a person under these powers. The Government have now prepared this code of practice, which was laid before the House on 14 March 2016 with the Modern Slavery Act 2015 (Code of Practice) Regulations 2016 and debated on 18 April in the House of Commons. These regulations are necessary to ensure that the code of practice will be in operation at the same time that the maritime powers in the Act are commenced.

The code provides guidance as to the information that should be given to a suspect at the time of their arrest. The code makes clear that suspects should be provided with a summary of their rights and warned if it may take more than 24 hours to bring them to a police station. The code will ensure that law enforcement officers take into account the particular needs of suspects and vulnerable suspects during detention periods. This includes ensuring that those detained understand what is being said to them and making arrangements to safeguard their health and welfare.

To ensure that the code will be practical and effective, the Government have consulted the law enforcement agencies that will use this code, representatives of the legal profession, the devolved Administrations, other external organisations and interested government departments. The Scottish Government and the Northern Ireland Executive have also drafted equivalent guidance or codes of practice for their law enforcement officers, and we have worked closely with them to ensure the codes are appropriately aligned.

The maritime powers in the Modern Slavery Act are essential if we are to ensure that our law enforcement officers can properly pursue the perpetrators of these terrible crimes. It is vital that these powers are used properly, particularly the power of arrest. That is why this code of practice and these regulations are so important, and I commend them to the Committee.

Baroness Butler-Sloss Portrait Baroness Butler-Sloss (CB)
- Hansard - -

My Lords, I think the code of practice is absolutely excellent and I have no comment on it, other than to praise it. I am absolutely delighted that the Modern Slavery Act includes these powers on ships.

I hope the Minister will forgive me for raising an issue that is not strictly on board ship. I remain, with others, very concerned about smaller ports. I have two questions, but I do not necessarily expect the Minister to be able to answer them today. First, what are the powers and code of practice in relation to ports in England and Wales, particularly the smaller ports that have regular ferry services but are not in the larger group? Secondly, the particular port I have in mind, which those of us concerned with modern slavery are especially worried about, is Holyhead. Holyhead does not appear to have a very good organisation at the moment for checking those who are coming through, who may in fact be being brought in for forced labour or sexual or other exploitation. Perhaps I could be told at some stage what is going to be done, or is already being done, about the smaller ports, with a really close look at what is happening in Holyhead.

Lord Rosser Portrait Lord Rosser (Lab)
- Hansard - - - Excerpts

I thank the Minister for his explanation of the purpose and effect of this order, which brings into force a code of practice to be followed by constables and enforcement officers when arresting a person under the maritime enforcement powers set out in the Modern Slavery Act 2015. Without the powers in the 2015 Act, law enforcement authorities are not in a position effectively to police modern slavery offences that take place in international waters, and do not have the power to stop or divert vessels in UK territorial waters.

Human trafficking and modern slavery do not occur only outside the United Kingdom. The National Crime Agency has reported that last year 3,266 people, of whom 928 were children, were identified as potential victims of trafficking in the United Kingdom, with that first figure being a 40% increase on the number of potential victims in 2014. The United Kingdom is predominantly a destination country for victims of trafficking but it is also a source and transit country. Last year, potential victims of trafficking found here were reported to be from 102 different countries of origin.

Of course, our police and border forces need to have the most effective means available to pursue, disrupt and bring to justice those engaged in human trafficking. The code covers arrest and obtaining information. Is that power restricted to the ship or vessel on which it is suspected that slavery or human trafficking is taking place, or does it cover any wider geographical area or port facilities used, or about to be used, by the ship, or other vessels supplying or servicing the ship?

The Explanatory Memorandum states that the Government are,

“working with the Scottish Government and Northern Irish Executive with a view to commencing the maritime powers in Parts 2 and 3 of Schedule 2 simultaneously across the United Kingdom on 31 May 2016”.

I am not sure whether the Minister said that that objective had now been achieved or it is still to be achieved. If it is the latter, what would the consequences be if it was not achieved by 31 May 2016?

The Explanatory Memorandum refers to consultation that has taken place on the draft code of practice and states that, in response to comments made,

“the Code was amended to improve provisions for record keeping by constables and enforcement officers, and enhance the information to be provided to arrested persons on the period of time likely to be spent in transit to a police station or other authorised place of detention”.

Were any other suggestions or requests made in the consultation in relation to the code of practice that were not taken on board by the Government? If so, what did they cover?

Finally, were any issues raised by the Independent Anti-slavery Commissioner about the code of practice, and is he satisfied with the wording of the code and its consistency, for example, with other relevant codes of practice?

Modern Slavery Act 2015

Baroness Butler-Sloss Excerpts
Wednesday 13th April 2016

(9 years, 8 months ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Keen of Elie Portrait Lord Keen of Elie
- Hansard - - - Excerpts

There never was an intention to establish any central monitoring system with respect to these provisions. The idea was that there should be far more carrot than stick, and that peer pressure should be brought to bear on companies in order that they address their responsibilities. This was not intended to be some sort of tick-box mechanism whereby they simply put a form into a central repository. However, every company or organisation will be required to have a prominent place on their website to which members of the public may go to establish that the statement required by Part 6 has been made.

Baroness Butler-Sloss Portrait Baroness Butler-Sloss (CB)
- Hansard - -

What progress is being made towards having a national website on which every business that has to have this message can put it?

Lord Keen of Elie Portrait Lord Keen of Elie
- Hansard - - - Excerpts

There is at present no intention that there should be such a national website.

Immigration Bill

Baroness Butler-Sloss Excerpts
Monday 21st March 2016

(9 years, 8 months ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness Lister of Burtersett Portrait Baroness Lister of Burtersett (Lab)
- Hansard - - - Excerpts

My Lords, I want to respond briefly to the noble Viscount, Lord Hailsham. In September, Save the Children made the proposal to bring 3,000 children to this country. Six months have passed and the Government have chosen not to exercise their discretion to do so. We have heard strong arguments as to why we should welcome those children here and, because the Government have chosen not to exercise their discretion in that respect, my noble friend Lord Dubs is putting forward this amendment to make it mandatory. We can wait no longer. Every day we hear of children being exploited and abused, and whose mental and physical health is deteriorating. Let us use this opportunity.

Baroness Butler-Sloss Portrait Baroness Butler-Sloss (CB)
- Hansard - -

My Lords, perhaps I may also say something in response to the noble Viscount, Lord Hailsham. The short answer to the very practical point that he made is for the Government to come forward with an alternative that does not tie them to taking in 3,000 children on the understanding that, if the amendment is accepted, they will be under a moral obligation to do something very similar. One argument that the Government have raised is that this may encourage other children to be put on boats and sent over. That may be but, if the Turkish agreement is to be of any use, one hopes that everyone will then go back to Turkey, certainly from Greece. However, there is a chance that that will not happen.

What really worries me—and I am obviously not the only one to be worried—is the plight of the very young children. The noble Baroness, Lady Sheehan, talked about Calais. I understand that at least one child there is only nine. However, I am concerned about children under 14 and especially children under 12. They are particularly at risk not just from people traffickers but from those who would enslave them. Speaking as the co-chairman of the parliamentary group on human trafficking, I can say that there is a real problem with these children. Ten thousand-plus have gone missing. How many have gone into the hands of those who will use them for prostitution, benefit fraud, thieving and even forced labour?

We absolutely must do something to stop those children being victims. They are already victims by being in Europe if they are unaccompanied, but they are in danger of becoming slaves. As many have said much more eloquently than me, we have an obligation to look after at least some of them. As has already been said, we have a noble record of looking after children who are at great risk.

I admire the noble Lord, Lord Dubs, for putting forward this amendment and I support it in principle entirely. I have the feeling that the noble Viscount, Lord Hailsham, does not object to the proposal; he just objects to its mandatory nature. Therefore, I put in a plea to the Government. As I have already said, if they do not like the way in which the amendment of the noble Lord, Lord Dubs, is expressed, the very short answer to that is to bring forward a government amendment at Third Reading and they would have the whole House behind them.

Lord Lawson of Blaby Portrait Lord Lawson of Blaby (Con)
- Hansard - - - Excerpts

My Lords, if I may say so, the noble and learned Baroness made a very important point. I imagine that there is a particular concern on all sides of the House about the very young children, but the problem is that, as I understand it, the amendment would apply to anyone up to the age of 18. That goes far too wide, particularly when the de facto age of maturity—or whatever the legal position is—has come down significantly. Therefore, I ask the Minister whether the Government might consider looking at an arrangement of this kind for children up to the age of, say, 12. I believe that as currently drafted, applying to children right up to the age of 18, the amendment goes far too wide. I hope that my noble friend the Minister will consider the Government coming forward with a statesmanlike compromise.