Investigatory Powers Bill

Debate between Baroness Butler-Sloss and Lord Rosser

Tuesday 19th July 2016 Lords Chamber

[Baroness Butler-Sloss (CB)]

My Lords, I have not spoken at all on this Bill so far but I should like to make a practical point following what the noble Lord, Lord Carlile, and previous speakers have said. I speak as a former family judge who over the years has been very involved in safeguarding. One of the most important things is to be sure that the police—it is really the police that we are talking about, rather than the security services—have all the tools that they can possibly have to be able to convince a jury, on a prosecution, that a really serious crime has been committed. If this is going to catch even more paedophiles I endorse it, and I hope the House will agree with me.

[Lord Rosser]

My Lords, I shall be very brief. As has been said, the provisions of this Bill have been subject to considerable scrutiny. The heart of Amendment 156A is about the balance between privacy, security and safety. Inevitably there will be disagreements, which have been highlighted in this debate, about where an appropriate and proper balance lies.

On Amendment 147A, I have virtually no knowledge about the Advocate-General’s opinion, to which reference has been made. However, if we have that opinion, we would like to hear at some stage whether the Government think that it would have implications for any of the provisions and procedures in the Bill, were that opinion subsequently adopted.

Modern Slavery Act 2015 (Code of Practice) Regulations 2016

Debate between Baroness Butler-Sloss and Lord Rosser

Wednesday 27th April 2016 Grand Committee

[Baroness Butler-Sloss (CB)]

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 (Lab)]

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 (Consequential Amendments) (No. 2) Regulations 2015

Debate between Baroness Butler-Sloss and Lord Rosser

Wednesday 10th February 2016 Grand Committee

[Baroness Butler-Sloss (CB)]

I am delighted with these amendments and with the placing of the Modern Slavery Act into the other Acts that is a necessary part of making this work. I have only one point to make, and it is in no way a criticism of the Government; on the contrary, I very much support what they are doing. The one problem I have is to be sure that under Regulation 26 the judiciary understand that if there is any confiscation of assets from traffickers or slave-owners, they ought to be prepared to give priority to making reparation orders to the victims. That is my only point of concern, to ensure that the judiciary know about that.

[Lord Rosser (Lab)]

I thank the Minister for his explanation of the purpose and impact of this SI, which, as the Explanatory Memorandum says, amends primary legislation in the light of the commencement of sections of the Modern Slavery Act 2015. In particular, the amendments made by this SI ensure that primary legislation that contains references to the existing criminal offences is updated to reflect the new offences under the 2015 Act of slavery, servitude and forced or compulsory labour and human trafficking, as well as slavery and trafficking reparation orders. I do not have any questions to ask, so I conclude by saying that we support the purpose of this SI.