Modern Slavery Bill

Baroness Kennedy of Cradley Excerpts

Monday 23rd February 2015 Lords Chamber

[Baroness Butler-Sloss (CB)]

My Lords, I have also put my name to this amendment—as with the two noble Baronesses who have spoken, for the purpose of further consideration, not for the purpose of being part of the Bill at the moment.

There are two points that I want to make. The first is that there is clearly a gap. The second is that this would give an opportunity to victims who cannot have the satisfaction of the trafficker prosecuted—or indeed if the trafficker or slave owner is actually acquitted—none the less to take civil proceedings under a different and less onerous standard of care. The criminal law, as I am sure everyone in this House knows, requires the jury or the magistrate to be satisfied so as to be sure, but in the civil courts—the High Court, the county courts or the small claims courts—it is sufficient to have the balance of probabilities. So it gives an added opportunity to those who have suffered to get some redress, even if it does not go through the criminal courts. It is for that reason that we seek the opportunity for the Government to have a look at this to see whether something can be done at a later stage.

[Baroness Kennedy of Cradley (Lab)]

My Lords, I add my voice in support of Amendment 16. I will be brief. There is no need for me to repeat the arguments for having a civil remedy in the Bill as this case has been eloquently and well made by the noble Baroness, Lady Young of Hornsey. I just want to emphasise three points. First, we have a duty to give victims of slavery every type of support to help them rebuild their lives. That is why I support this amendment. Effective civil remedies for modern slavery are another tool that we can agree that will help victims gain access to the justice they so rightly deserve. Through our debates in this House we have been increasing and developing the right provisions to support victims of slavery, which has rightly moved up the agenda. Amendment 16 is an essential element of the package of support. Survivors must have the right to pursue civil compensation claims and to recover damages from their abusers for offences carried out against them.

Secondly, like others, I worry that the current civil law is inadequate for the victims of modern slavery. The criteria for existing civil claims which can be brought against perpetrators seem too narrow for slavery victims. Not all victims of modern slavery have been subjected to physical or sexual assault or false imprisonment. The law is highly complex, and the circumstances of each enslavement situation are highly complex. Increasingly there is no physical violence but there is extreme emotional and psychological manipulation. We therefore need civil law to cover all the complexities of a modern-day slavery situation.

Thirdly, and finally, we need to learn the lessons from the US and not repeat its mistakes. As the noble Baroness, Lady Young of Hornsey, mentioned, the US Victims of Trafficking and Violence Protection Act of 2000 did not include a civil liability offence. That was soon recognised as a glaring omission, so in 2003 a federal right of action was introduced for survivors of trafficking. Let it not take us three years to recognise that more needs to be done. The amendment is before us here and now. I hope the Government will take the opportunity before them to respond favourably to this amendment now, or soon through discussions in future.

[Lord Rosser (Lab)]

My Lords, I will be brief. The noble Baroness, Lady Young of Hornsey, has once again made a powerful case in her amendment. We support the principle of a civil remedy for victims of modern slavery against a person who commits an offence against that victim or who benefits financially. As the noble and learned Baroness, Lady Butler-Sloss, said, civil proceedings are likely to be less of an ordeal for victims than the criminal courts and cases will be determined on the lower threshold of balance of probabilities rather than beyond reasonable doubt, which increases the prospect of a successful outcome for the victim.

In Committee, there was some discussion about whether there was already recourse to relevant and appropriate civil law remedies for all victims. There was clearly not unanimity of view on that point. The amendment would clear up any doubt by putting a clause in the Bill providing for civil action and remedies for victims of modern slavery, and if the Government are going to oppose this amendment all the way down the line, they will need to be rather more convincing than they were in Committee in persuading the House that adequate civil remedies are already available and that that view is not open to serious doubt. I hope that the Minister will be able to respond in a helpful way.