Public Order
Baroness Kennedy of Cradley Excerpts(3 years, 11 months ago)
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Baroness Williams of Trafford
To answer the second question from the noble Viscount first, it always strikes me, when I look at the police system we have in this country and at some of the methods that police have across the world, that we are lucky to have the police forces that we do. They run into danger, rather than away from it. They keep us safe and police by consent. We are incredibly lucky as a nation to have them. By a rating system, public and private, I assume he means a system of diversity. We already have that in place across government and we talk about it regularly, particularly when we celebrate International Women’s Day, when we also talk about other types of equality. The Government cannot criticise if they are not doing their job themselves, and there is improvement in diversity across all areas of government.
Baroness Kennedy of Cradley (Lab) [V]
My Lords, what I find most disappointing about the Statement is that it focuses on the actions of the minority, whose violent behaviour we all denounce, and not on the reasons why thousands of peaceful protesters, supported by millions from their homes, were on the streets in the first place. Would the noble Baroness correct that missed opportunity today and set out what action the Government are taking to deal with the institutional racism that exists within our criminal justice system, as regards stop and search, arrests, charges and convictions?
Baroness Williams of Trafford
My Lords, I agree with the noble Baroness. It is a shame that we are talking about the public order offences, which have completely overshadowed what people were trying to talk about in the first place, which was peaceful protest against the awful events that happened in America. The minority have made that impossible. The noble Baroness is right to talk about the wider point of stop and search. The Government will be working across the piece to address some of those injustices.
Windrush Compensation Scheme
Baroness Kennedy of Cradley Excerpts(4 years ago)
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Baroness Kennedy of Cradley (Lab)
My Lords, given the time limit we have today, I want to make three specific points. First, the Windrush scandal has touched every part of Britain. In Lewisham Deptford where I live, my local Member of Parliament, Vicky Foxcroft, recently noted that she is now handling cases for 22 people who are part of the Windrush scandal. I pay tribute to her and her team and to the excellent but underfunded Lewisham Refugee and Migrant Network, which works with local people on these issues. Sadly, in one of the cases, a constituent’s father died while awaiting a decision on his Windrush application. I want therefore to ask the Minister: where an applicant dies before a decision on their application is made, would a relative still be eligible to claim under the deceased person’s estate claim? It seems that parental status needs to be settled before an application can be considered.
Secondly, community confidence in the scheme is low. It is deeply disappointing that the scheme has paid out so little to so few. An independent system managed outside the Home Office has, sadly, been ruled out by the Government, yet some of the recommendations from Wendy Williams’s review are about changing the culture in the Home Office. For example, she states that staff should learn about,
“the history of inward and outward migration and the history of black Britons.”
Have the staff working on Windrush taskforce and scheme gone through this type of learning? If not, why not, and will they?
Finally, we need to learn from decisions already taken continually to improve the scheme. The latest figures show that fewer than one in 20 Windrush claimants have received compensation. Knowing the reasons given for negative outcomes would allow for an assessment of whether any part of the process, such as the need to gather a large amount of evidence, are barriers to successful claims. Will the Minister commit to a review of negative outcomes to inform our understanding of the scheme and how it works in practice?
The Deputy Speaker
The noble Lord, Lord Dholakia, is having IT problems, so we will now go to the noble Baroness, Lady Bull.
County Lines Drug Trafficking
Baroness Kennedy of Cradley Excerpts(4 years, 1 month ago)
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Baroness Kennedy of Cradley
To ask Her Majesty’s Government what action they are taking to deal with county lines drug trafficking.
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, county lines has a devastating impact on our children and communities, and this Government are determined to crack down on these criminal gangs. We are providing £25 million of targeted investment this financial year and next to boost law enforcement efforts. This builds on previous activity, including establishing the National County Lines Coordination Centre, which launched in 2018 and has co-ordinated activity resulting in over 2,500 arrests and 3,000 people safeguarded.
Baroness Kennedy of Cradley (Lab)
My Lords, I first thank the Lord Speaker for his wise words and wish him and all noble Lords well.
With regard to the Question, the largest rise in child victims of modern slavery and human trafficking reported by the NCA is due to county lines crimes. However, the Modern Slavery Act 2015, which was not passed with this type of crime in mind, is being used by prosecutors to try to tackle this growing problem. Given the disturbing rise in this life-changing crime, will the Home Office prioritise an investigation into the use of the Modern Slavery Act in relation to county lines cases to determine where swift improvements can be made?
Baroness Williams of Trafford
I certainly take the noble Baroness’s comments on board. The Government constantly review legislation to ensure that it is working effectively, but I shall certainly look into the point that she makes. We of course want the legislation to work in the best and most effective way.
Pre-charge Police Bail: Time Limit
Baroness Kennedy of Cradley Excerpts(4 years, 2 months ago)
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Baroness Kennedy of Cradley (Lab)
My Lords, at the request of my noble friend Lord Kennedy of Southwark, and with his permission, I beg leave to ask the Question standing in his name on the Order Paper.
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, on 5 February the Government launched a public consultation on proposals as part of our review of pre-charge bail. These proposals include extending the time limit on the initial pre-charge bail period from 28 days to either 60 or 90 days to more accurately reflect how long investigations take in complex cases.
Baroness Kennedy of Cradley
My Lords, whether a person is released on pre-charge bail or is under investigation, the aim is to gather more evidence, often using forensics. This week, the Forensic Science Regulator issued the Government with a stark warning. She stated that failures in forensic science were putting justice at risk, that the service was on a “knife-edge” and that there was a
“a woeful level of compliance”
in digital forensics. So no matter what the Government decide to do after the consultation, which the noble Baroness referred to, closes, it is clear that reform of bail alone is not enough. Does the noble Baroness agree with the regulator’s assessment and what will the Government do about the severe lack of investment in forensics, especially digital forensics, which are needed to deliver swift and fair justice?
Baroness Williams of Trafford
I completely agree with the noble Baroness that this is not just about bail versus release under investigation; there is far more to concluding and charging people than just those two things. She referred to forensics and she will know, I hope, that we have put £28 million into increasing forensic capacity. She will also know, I hope, that we fully intend to put the Forensic Science Regulator on to a statutory footing.
Overseas Domestic Workers Visa
Baroness Kennedy of Cradley Excerpts(8 years, 3 months ago)
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Baroness Kennedy of Cradley
To ask Her Majesty’s Government what plans they have to implement the recommendations of the independent review of the overseas domestic workers visa published on 17 December 2015.
The Minister of State, Home Office (Lord Bates) (Con)
My Lords, the Government are considering Mr Ewins’ recommendations very carefully. Our first concern is to ensure that we can both protect victims and bring perpetrators to justice. I have made it clear that we will return to this issue on Report of the Immigration Bill, with our considered views.
Baroness Kennedy of Cradley (Lab)
I thank the noble Lord, Lord Bates, for his reply. To be honest, it is disappointing to hear that, despite the Government having clear recommendations for action from their own review, which they commissioned during consideration of the Modern Slavery Bill, a further process of data collection and discussion with officials is proposed now that this issue is being raised as part of the Immigration Bill. Is this extra consultation the final hoop that we need to jump through, and will it be completed in good time for a final decision to be made on Report of the Immigration Bill?
Lord Bates
The report was published on 17 December, so we have had it during consideration of the Immigration Bill, which is obviously a more sensible legislative vehicle to carry any changes. James Ewins has put forward 34 recommendations, which we are looking at very carefully, and we appreciate his work. When we debated this in the Immigration Bill Committee last week, I said that, before Report, we would have a meeting of all interested Peers—with James Ewins—and the Government would produce their response and any proposed amendments to the legislation.
Modern Slavery Act 2015
Baroness Kennedy of Cradley Excerpts(8 years, 6 months ago)
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Baroness Kennedy of Cradley
To ask Her Majesty’s Government what is their assessment of the readiness of companies and other organisations for the coming into force of the Modern Slavery Act 2015.
The Minister of State, Home Office (Lord Bates) (Con)
My Lords, we will be bringing Section 54 of the Modern Slavery Act into force later this week. Many businesses called for this provision, and we consulted on a turnover threshold and involved business in drafting associated guidance. The Government are confident that businesses will be ready. We have included a transition provision so that organisations will have time to digest the guidance before the first statements are due on 31 March 2016.
Baroness Kennedy of Cradley (Lab)
I thank the Minister for that reply. It was disappointing to read in last week’s debate that the Government now have no intention of launching an online central repository for the annual slavery and human trafficking statements but are hoping that an external provider will fulfil this role. Can the Minister confirm that this is the case and, if so, outline what the Government are doing to encourage an external provider to come forward, what guidelines and assistance will be provided to the external provider and whether, in the future, the Government plan to analyse on an annual basis information submitted via these statements?
Lord Bates
When we had the debate on the regulations, the noble Lord, Lord Alton, raised this issue. I am confident that we will have an online repository in place. I totally agree with the noble Baroness that it is very important. Following the consultation, one of the consequences of setting the threshold at the lower end of the spectrum—at £36 million turnover—was to capture more companies in that. Therefore, it is a bit more of a challenge. However, we are considering a number of proposals that have been brought forward. I very much believe that, by the time this comes into force, we will have such a repository.
Modern Slavery Bill
Baroness Kennedy of Cradley Excerpts(9 years, 2 months ago)
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Baroness Kennedy of Cradley (Lab)
My Lords, I speak in support of Amendments 3 and 6 in the name of the noble Lord, Lord Alton of Liverpool, to which I have added my name. I very much hope that they will get the Government’s support today, as there is much on which we all agree regarding this issue. There is agreement across the House that civil society is critical to the success of this part of the Bill, and there is agreement that we expect civil society to review the statements and add pressure where pressure is due. We want the amendments—we need them, even—in order to be able to scrutinise, analyse, and where necessary challenge, business; and, importantly, to praise businesses for the steps they take to eradicate slavery in their supply chains. If we want businesses to fulfil that role, we need to facilitate their doing so, and Amendments 3 and 6 would do that.
I have seen calculations that estimate that if the threshold figure of more than £60 million is used, more than 10,000 businesses will be obliged to produce a statement. If that is the case, it is absolutely inconceivable that civil society, businesses, which want to learn from each other, or indeed the Government, who want to ensure compliance with their legislation, will be able to review 10,000 statements without the use of technology. Technology gives us the power to access information and bring about real change, which is the intention behind this part of the Bill and behind the statements. Let technology do the hard administrative work and be the engine that really drives forward supply chain transparency. Those involved in the California Act recognised that there was a gap in their legislation. We should listen and learn from their experience and not repeat their mistakes. As the noble Lord, Lord Alton of Liverpool, said, this is an enabling amendment that allows the technology and the responsible organisation or individual in the future to be decided by regulation.
In conclusion, we have to harness the power that technology can give us to increase transparent supply chains and drive change. I hope that the Government will support the amendment.
Modern Slavery Bill
Baroness Kennedy of Cradley Excerpts(9 years, 2 months ago)
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Baroness Butler-Sloss (CB)
My Lords, I will speak to Amendments 95 and 98. I will take Amendment 95 first, because that is a separate matter.
It seems rather odd that the legislation deals exclusively with commercial organisations when one area of business across the UK is within the hands of government departments. The procurement by government departments and government department agencies ought to have the same degree of transparency in their supply chain as commercial organisations do. Otherwise, there might be an advantageous position for government which is not shared by commercial organisations. I was on the pre-legislative scrutiny committee and big businesses such as Sainsbury’s and Primark came to talk to us about wanting a level playing field. We did not discuss government procurement, but if you are to have a level playing field, it should include government. I can understand that it might be difficult to put that into the Bill at this stage, but I would like an assurance from the Government that this is a serious matter that will be reviewed as a matter of some urgency so that, certainly before the end of this year, we can know that all parts of organisations that employ and buy are treated, right down the chain, in exactly the same way.
My second amendment is a very much simpler version of the amendment in the name of the noble Lord, Lord Alton. In principle, I agree with him that we should go some way on this. One of the problems—and I again think of the appalling phrase “level playing field—is that there is no accountability. Amendment 97, in the name of the noble Lord, Lord Bates, is great as far as it goes. However, there is nothing to do if a company chooses to do nothing. As for the Californian legislation, I was told that one of the major American companies put up on its website the splendid phrase: “We propose to do nothing”. Apparently that complied with the Californian requirement. I will not mention the name of the firm because I might get into trouble. The fact is that we do not have any way of requiring some companies to put anything on their website. There may be those around them who would criticise them, but there is nothing to do. At the very least, copies of the statements proposed by the Government should be sent to someone.
I saw the commissioner this week. The noble Lord, Lord Alton, saw him last week. He was a bit apprehensive, I have to say, about the office of the commissioner receiving all these statements. He said that it might be better if somebody else receives them, but he entirely agrees that they should be on somebody’s website. Someone —I shall not mention who—suggested the Home Office website. That is a real possibility, if it were efficiently run. It may be that the commissioner could, in consultation with the Home Office and with commercial organisations, discover some other organisation prepared to create a website to which a statement, under Amendment 97, could be sent, but it needs to be sent somewhere.
We may have to take this in stages. If we can find a website upon which all these statements can be placed, it may be that the next stage—how they are monitored and what happens to those who do not, in fact, comply—will be further legislation. I do not believe that the Bill should go to ping-pong over whether there is effective monitoring and enforcement, but it is essential that the Government look at this as a matter of some urgency, because we need the statements and we need them to be sent somewhere, so that people can read them. Not only do those statements need to be read—no doubt by rivals—and commented on if they are not effective, but, at some time in the future, failure to comply with these government requirements should be capable of being dealt with in a way which is adverse to the company that does not comply. The best way to do that is a matter for the future.
I am making two points. First, the Government must do what commercial organisations do. Secondly, simply to have the statement is not enough: sending it somewhere outside the company’s own website has to be the next step.
Baroness Kennedy of Cradley (Lab)
My Lords, I, too, support the amendments in this group. I shall speak particularly to Amendments 97A and 98A in the name of the noble Lord, Lord Alton of Liverpool. First, as other noble Lords have said, we must give credit where credit is due. The Government have engaged with the issue of transparency in supply chains and have come a long way on this issue since the Bill was first published. Part 6, on transparency in supply chains, was a welcome addition, as is government Amendment 97. I thank the noble Lord, Lord Bates, for his positive engagement with this issue.
Having minimum criteria in the Bill will not only help business, it will help consumers and civil society. It will also help the Government as, with minimum criteria, there will be clarity about what businesses have to provide, thereby creating the level playing field that good businesses need and deserve. Comparisons between companies will be easier to make, helping consumers and civil society to make choices and to apply the pressure needed to make real change happen—to be catalysts for change. Having minimum criteria in the Bill will help give the Government the transparency and the world-leading legislation that they say they want to achieve, but the word “may” in line 2 of Amendment 97 has to become “must”. As the noble Lord, Lord Alton, sets out in his Amendment 97A, without this change, the amendment setting out the minimum criteria that we all now agree needs to be in the Bill is made less effective. The element of uncertainty remains and the level playing field is gone.
I understand the argument that these are minimums, that we should give flexibility to allow more information to be given, not less, and that we want businesses to be able to report appropriately for their business and circumstances, but the lesson from the application of the Californian legislation is clear. While hundreds of organisations issued statements in line with the Act in California, some did not. Some businesses disclosed meaningless information, some disclosed misleading information and, worst of all, some disclosed that they do nothing, as my noble and learned friend Lady Butler-Sloss said. Some have even ignored the legislation and been completely silent. We do not want that to happen.
Part 6 is not a paper exercise for businesses; it is a serious measure that good businesses will want to engage positively with and on an equal footing with each other. It is not fair that the good businesses that are doing excellent work are being undercut and undermined by the bad. Clauses that allow uncaring businesses to write down in less than 200 words, “We don’t do any of this work, and we don’t intend to start”, like the submission—and I will name the company—from the multinational Krispy Kreme doughnuts in California, have to be tightened. That is why I support Amendment 97A in the name of the noble Lord, Lord Alton, and why I have added my name to Amendment 98A.
As monitoring and enforcement of this part of the Bill is crucial, it is not adequate enough to leave monitoring and enforcement to be fulfilled by consumers and civil society alone. It is the job of government to ensure compliance with its legislation. Therefore, I support the proposition put forward in both Amendment 98A and Amendment 98, in the name of the noble and learned Baroness, Lady Butler-Sloss. I was convinced by her argument in Committee that the part of government that should monitor and be responsible for this part of the Bill is the commissioner.
Amendment 98A introduces a requirement for a central government portal where all the annual statements are aggregated online, maintained and overseen by the new commissioner, a role that I understand the commissioner is supportive of. But even if this current commissioner is not supportive of it, we are clearly making legislation for the future, and it should be a role of such a commissioner. Leadership on this issue has to come from government, so the legislation needs to allow for the monitoring, enforcement and review. A government portal will also allow consumers and civil society more easily to fulfil their role of community enforcers. Having one central place that we can all go to to compare businesses, research best practice and analyse reports is simple and practical and an important initiative in our shared fight against slavery and forced labour in supply chains.
Finally, I refer to the last part of Amendment 98A, which will mean the issue of slavery and forced labour will be put on the desk of multinational CEOs around the UK and the world. Many noble Lords in this House have emphasised the need for supply chain transparency to be a corporate responsibility, as it is in the boardrooms of multinationals where real change can be made to happen. Multinational corporations have the power to insist on decent wages and formal contracts for all their workers here and across the world. They have the power to insist on inspection regimes and the power to improve the working conditions of those enslaved by exploitative suppliers. Amendment 98A helps them realise more acutely that they have this power and also encourages them to use it. I support the amendment and hope that the Government will, too.
Baroness Hamwee (LD)
My Lords, again, I welcome the changes that the Government have made on this issue. Changes is the wrong word because we started with nothing, and with the introduction of the new clause the Government have built on that, which is very welcome. I agree very much with what has been said about public procurement; for us to say, “Do as we say”, when we should be saying, “Do as we do”, is probably all that I have to say on that issue.
I agree, too, about the appropriateness of co-ordination involving in some way the commissioner. I have added my name to the amendment proposed by the noble and learned Baroness on that matter. I am grateful to the noble Lord, Lord Alton, for raising the issue of enforcement, without which one has nothing. I was struck by the following from a report undertaken by four students at King’s College London, comparing this Bill with the Californian Act and a US federal Bill not yet in effect. The American legislation is far more precise and detailed as to what is required from the organisations that are covered. The students said that,
“the ‘incentivising’ enforcement methods are questionable as to impact and efficiency. Parliament makes companies follow many other rules—why is this one particularly troublesome?”.
Because I would like to thank them properly, I shall repeat their names—but I reassure Hansard that I shall send the spellings. They are Olivia Rosenstrom, Elizabeth Komives, Tim Segessemann and Helin Laufer. They also commented that,
“a clear structure among all companies makes review and comparison a lot easier for both experts and the public”.
Again, that is very insightful. Those young people go straight to the heart of the matter—rather better than I, many times their age, can do.
Modern Slavery Bill
Baroness Kennedy of Cradley Excerpts(9 years, 2 months ago)
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Lord Alton of Liverpool (CB)
My Lords, I am a signatory to this amendment and am very happy to speak briefly in support of it this evening. I spoke on this issue at Second Reading and in Committee and I moved a separate amendment on the issue of the proceeds of crime. That was based on an amendment that I moved in your Lordships’ House nearly a decade ago and which was supported at that time by a retired Law Lord, Lord Wilberforce, who was a direct descendent, of course, of the great man who has featured so much in many of our debates. That amendment sought to provide a mechanism for the proceeds of crime committed by those who had abused workers, exploited people, put them into servitude or slavery—the very things that the Bill seeks to address—to be used to support and provide assistance for those who had been exploited and to support those organisations that are charged with the responsibility of apprehending those who are responsible for such crimes.
Crimes they are. I recalled in Committee that the Gangmasters Licensing Authority—which the noble Lord, Lord Whitty, who is in his seat this evening, did such distinguished work in helping to create—was established after the fatalities that occurred in Morecambe Bay when some 23 Chinese cockle pickers, men and women, died while they were being ruthlessly exploited by gangmasters. I made the point that this problem has not gone away. As recently as 2011, an almost identical incident occurred not very far away from Morecambe Bay, in the Ribble valley estuary. I quoted a local fisherman, Harold Benson, who said that what had happened at Morecambe Bay had been wholly avoidable, but it was likely to be repeated at places such as the Ribble valley and Morecambe Bay because of the failure to apprehend those who were responsible and because of the failure to provide adequate safety equipment and to provide support and assistance to those who were being exploited in these unacceptable ways.
As a result of raising these issues I was pleased to be able to attend a meeting with the right reverend Prelate the Bishop of Derby and the noble Lord, Lord Bates, who has been so helpful on this and so many other issues during the passage of the Bill. I reiterate what I said on Report on Monday, that he and the noble Baroness, Lady Garden of Frognal, have been quite exemplary in the way they have treated all of us who have participated in these proceedings. This is a marvellous piece of legislation and one that I am sure is going to do great good in the future. Although we may disagree on some details here and there, the general thrust of the legislation is to be commended and we must look for other ways to improve it here and there. That is what this amendment does.
The right reverend Prelate has told us that if this is passed, or if the principle is accepted, the Secretary of State will then consult on ways to strengthen and improve the resources of enforcement agencies such as the Gangmasters Licensing Authority. Why do we need to do that? Well, I made the point at earlier stages that until recently only about 37 people were employed by that authority and that resources had been cut between 2011 and 2014. I would be grateful if the noble Lord would share with us some of the detail that he provided during the briefing sessions that we had with him and his officials as to how many people are now employed by that authority and how many convictions they have been able to bring about.
The amendment says that the consultation should,
“end no later than 1 January 2016”.
I think that that is a reasonable passage of time. It goes on in proposed new subsection (3) to say:
“The Secretary of State may by order amend section 3 of the Gangmasters (Licensing) Act 2004 to include other areas of work where the Secretary of State believes abuse and exploitation of workers or modern slavery or trafficking may be taking place”.
This is reasonable; it does not ask for immediate action to be taken, but it asks the Secretary of State and the department to take a more detailed look at some of the issues that have been raised. I look forward to hearing the response that the noble Lord gives in due course.
Baroness Kennedy of Cradley (Lab)
My Lords, I, too, rise to support Amendment 92 in the name of the right reverend Prelate the Bishop of Derby, to which I have added my name. This amendment is about prevention and about stopping unscrupulous employers from exploiting workers for personal gain and increasing profits. Without compliance mechanisms and a licensing regime in place, there are no checks on the activities of the corrupt to protect the vulnerable. The Gangmasters Licensing Authority and the Employment Agency Standards Inspectorate are that check. They give protection, prevent abuse from happening, and work hard to ensure compliance with employment rights. They want to do more and they know that they could do more—we know that they could do more—but they need reform and increased support.
As the organisation, Focus On Labour Exploitation, has pointed out to noble Lords in its recent letter, the GLA is the UK’s only proactive labour inspectorate working to prevent and identify incidences of trafficking for labour exploitation. Therefore, the GLA has a major role to play in tackling slavery and forced labour, and it should be a part of this Bill. That is a point well made, not just today by the right reverend Prelate the Bishop of Derby and the noble Lord, Lord Alton, but made in the past by many other noble Lords. It is a point reiterated by the Government, as set out by the Minister in his letter on 18 February, where he recognised the essential role in fighting modern-day slavery that the GLA plays, and could play in future—words that I hope he will reiterate in his reply today.
Like many other noble Lords, I welcome the Government’s commitment to hold a public consultation on the role of the GLA as soon as possible in the next Parliament. So given that there is an emerging consensus around the need to consult on the GLA to review its remit and functions, and an acknowledgement that the GLA would need more resource to cope with an expanded remit, Amendment 92 should be completely acceptable to the Government, as it is ensuring exactly that—that labour inspection and enforcement authorities have sufficient resources and remit to prevent trafficking and slavery in the UK.
Amendment 92 confirms the commitment to consult and seeks to use the proceeds of crime to provide the extra funds that the GLA and EAS need. It also moves the Government’s pledge of a consultation in the next Parliament from “as soon as possible” to a definite date by the end of 1 January 2016, and it enables any recommendations from the consultation to be put in place quickly and easily. It therefore gives this House an increased level of confidence and clarity. I therefore hope that the Government will take the opportunity provided by this amendment, for this important enabling power to give the House the assurances that it needs.
Modern Slavery Bill
Baroness Kennedy of Cradley Excerpts(9 years, 2 months ago)
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The Earl of Sandwich (CB)
My Lords, as a former council member of Anti-Slavery International and a former member of the Christian Aid board, I support my noble friend’s amendments because they link contemporary slavery in the UK with slavery in the rest of the world. We forget that it was not long ago that non-governmental organisations explained that there was slavery in this country—it was not something that was far away—so we are following that line. The amendments become obvious when you realise that so much slavery is indivisible and that traffickers, and indeed victims, of slavery respect no boundaries.
I was unable to be present on 8 December when my noble friend Lady Cox moved similar amendments in Committee, but I have read carefully her contribution and the Minister’s reply. That there is an international dimension to modern slavery almost goes without saying, except that it is not mentioned in the Bill. We are all aware of the direct overseas experience of slavery and trafficking that my noble friends Lady Cox and Lord Alton and the noble Lord, Lord Judd, bring to the House. In Committee, the Minister, at col. 1638, acknowledges that experience and says that we need to go further. But I ask him again: how can we go further? I am not sure whether the Minister has yet stated how the Home Office can go further, apart from referring to passages in the strategy document. My noble friend referred to the letter that we have received from the commissioner, which is of high quality and points out the country plans that he will be following. It strengthens these amendments to read those passages in the letter.
I was most grateful to the Minister for inviting us to meet the new commissioner a fortnight ago. In that conversation, it became clear that the commissioner is already closely in touch with foreign and UK embassies, and he sees this as an important part of his job. He will of course need adequate resources to cover this, as we have touched on elsewhere.
In practice, I do not think that the amendments commit the Government to very much. Apart from close regular liaison between the commissioner and embassies in the course of his work, all that is needed is annual reporting of relevant incidents by embassies and high commissions, rather in the way that this is done annually by the Foreign Office in the case of human rights. It is not an unreasonable request, and my noble friend has already described the more detailed arrangements for this. However, it is important to make the connection in the Bill. The Government are rightly taking all these issues very seriously, and the Minister has, again and again, shown his personal commitment—some of it, I have no doubt, from his experience in China when he was doing his MBA. Sensible changes have been proposed during the passage of the Bill. I suggest that this is one of them and I look forward to his reply.
Baroness Kennedy of Cradley (Lab)
I support the series of amendments in the name of the noble Lord, Lord Alton of Liverpool, who seeks to insert a much-needed international perspective in this Bill. No one would dispute that modern slavery is a global problem and therefore no one should dispute that modern slavery needs an international as well as a national response. Our international response in this Bill is lacking, as other noble Lords have pointed out, and this is disappointing. That is why I support the noble Lord’s amendments. They would be effective in helping push the issue of slavery and trafficking up the world’s political agenda, especially Amendment 38. Having each embassy and high commission produce an annual report on government action to fight slavery and trafficking would mean more research into slavery across the world, more information collected and shared, and greater dialogue with a wide variety of the world’s government officials, NGOs, journalists, academics and, more importantly, survivors, monitoring, working together, and sharing and developing partnerships across the world. Learning what works best to tackle the causes of slavery and trafficking, to protect the victims and to prevent it happening in the first place is essential, and we can learn a lot from these annual reports. Through embassy engagement, we can create global solutions to eradicate this global problem.
Finally, as we discussed in Committee, involving embassies and high commissions in preparing an annual report about trafficking and slavery in their areas of operation is not new. America has been doing it for the past 14 years. Since 2001, they have produced a Trafficking in Persons Report. I cannot see why we in the UK should not do the same. Therefore, I hope that the Government will accept these amendments.
Baroness Butler-Sloss (CB)
In the letter from Kevin Hyland, on page 4 on international collaboration, it is clear that the commissioner designate sees it as an essential part of his role to bring together the necessary partners, nationally and internationally. He talks about working with British embassies and high commissions and wanting a significant increase in bilateral, multilateral and joint investigations, some of them supported by EU funding. In the past there have been some excellent bilateral arrangements, particularly one with Romania called Operation Golf, and there were other very good arrangements that worked with Europol and so on. Do the Government think that the current powers of the commissioner are sufficient for him to carry out all the duties that he talks about on page 4—and, if so, is it necessary to have it in primary legislation?
Baroness Kennedy of Cradley (Lab)
My Lords, this amendment seeks to remove the inclusion of the reasonable person test before the non-prosecution defence applies to children.
I thank the Government, particularly the noble Lord, Lord Bates, and the noble Baroness, Lady Garden of Frognal, for the constructive way in which the debate on a statutory defence for children has been carried out; for listening to and engaging with noble Lords, NGOs and others on the issue; and for the welcome improvements in the statutory defence clause that the Government have made along the way, particularly in relation to children. But, and there is always a “but”, I am moving this amendment because I still believe that the addition of the reasonable person test for children, first, is another test of compulsion and therefore not in line with international law, and, secondly, adds a further test that goes further than our current case law and CPS guidance.
I welcome the Government’s amendment to the statutory defence, Amendment 49, tabled on Report, which removes the need to prove that there was not a realistic alternative and shifts the burden on to the prosecution to prove beyond reasonable doubt that a reasonable person would not have committed the crime. However, the child still has an obligation, in raising the statutory defence, to set out the facts of their case. In persuading the jury to put themselves in their shoes, the child will have to show that they were forced to commit the offence for the jury properly to understand what the child was going through. The reasonable person test is therefore another test of compulsion, and is not in line with the rest of the Modern Slavery Bill or with the UN Committee on the Rights of the Child, which in July 2014 urged the Government to establish,
“a clear obligation of non-prosecution in the criminal justice system”,
and ensure that children,
“are treated as victims rather than criminals by law enforcement and judicial authorities”.
That highlighted the need for the statutory defence to be suitable for children—for a child to be treated as a child. A child should never have to prove that illegal means have been used to coerce them into trafficking or slavery to achieve legal protection in the way that an adult may have to, which is why our colleagues in Northern Ireland, in the Northern Ireland Human Trafficking and Exploitation Act, which received Royal Assent in January this year, retained the reasonable person test for adults but removed it for children. They acknowledged in the memorandum to the Act that this was done so that their Act was compliant with the UN Convention on the Rights of the Child and the child would not have to prove compulsion. They believed, as I believe, the reasonable person test to be a test of compulsion, and therefore removed it for children. If they do not need this extra test, why do we?
The reasonable person test is also not in line with current UK case law. As we have discussed in this Chamber, in the landmark case of R v L and others, the Lord Chief Justice and his colleagues pronounced that two questions must be addressed for the non-prosecution principle to apply to child victims: age and whether the criminal offence is,
“consequent on and integral to the exploitation”.
This is mirrored in the current CPS legal guidance on human trafficking and smuggling with regard to children where only two tests—age and direct consequence of—are necessary for a non-prosecution defence to apply. Adding a third test, a reasonable person test, therefore goes further than existing law. When the CPS guidance is rewritten following the passage of the Bill, it will be tougher than it is now. Why do we need to go further?
Can the Minister assure the House about non-legislative measures in the application of the statutory defence? Can he ensure that the CPS consults stakeholders and NGOs, including UNICEF, on any new guidance to prosecutors and reviews other relevant guidance to ensure coherence and consistency across the board? Will he ensure that the CPS trains prosecutors on the implications of the new Act and seeks technical assistance from specialists in the trafficking field if required to develop and deliver training that will cover both adults and children? Will he liaise with all law-enforcement agencies, make them aware of the new legislation and ensure there are plans to adapt existing policy and guidance to comply? Having sought these assurances, I beg to move.
The Deputy Speaker (Lord Brougham and Vaux) (Con)
My Lords, if this amendment is agreed to, I cannot call Amendment 49 because of pre-emption.
Lord Bates
My Lords, I am grateful to the noble Baroness, Lady Kennedy of Cradley, for bringing forward this amendment again and for again seeking to get more information on the record about what the Government’s intent is. I will come to the points that have been raised, but I acknowledge and thank the many noble Lords who have taken part in this discussion so far. The discussions have certainly caused us to think about whether further action was needed, and help explain why I tabled a government amendment to ensure that the defence would be easier for child victims to access.
It is vital that genuine victims, trapped by their circumstances in a world of crime, can feel confident to come forward and give evidence without the fear of being inappropriately prosecuted or convicted. We currently have measures in place to meet this objective, through the use of prosecutorial discretion by the CPS backed up by bespoke guidance. Ultimately, the courts can stop an inappropriate prosecution of a victim as an abuse of process. Clause 45 establishes a crucial additional safeguard: a statutory defence for slavery or trafficking victims.
As the House will recall, at Second Reading I brought forward amendments to make the defence for victims easier to access for child victims. Those amendments removed the test of compulsion for children who commit an offence as a direct consequence of their trafficking or slavery situation. We had another good debate in Committee on the detail of the defence. This was followed by further, very constructive, discussions outside the Chamber, which also focused on the needs of child victims. The Government have also engaged further with non-governmental organisations that are expert in this area. Genuine and important concerns were raised then, as they have been today, that the reasonable person test, as currently phrased, could amount to an effective requirement for compulsion for child victims.
I have listened carefully to that concern. On reflection, I, too, see the risk that a test involving the words “no realistic alternative” could be interpreted by some courts and juries as requiring something akin to compulsion of the child victim. I therefore believe that we can go further to ensure that child victims are not unfairly criminalised and that there is no question of an effective requirement for compulsion. Therefore, government Amendment 49 changes the reasonable person test for child victims by removing the reference to the child having “no realistic alternative” to committing the offence.
I know that there remain concerns that somehow the revised test might still require some proof of compulsion. I want to be very clear: the effect of the amendment is that for the defence to apply, there will be no requirement whatever, either implicitly or explicitly, for compulsion of a child victim. If a case reaches court, they will simply need to evidence any source to raise the defence. The evidence need not be extensive. It could involve, for example, the child’s account in evidence, in which they explain in their own words what happened. It is then for the prosecution to prove beyond reasonable doubt either that the child was not the victim of trafficking or exploitation or that they acted unreasonably in committing the offence. If the prosecution cannot reach the very high threshold of showing beyond reasonable doubt that the child acted unreasonably, the test in the revised defence is met.
I know that there are concerns that at times the hypothetical situations which we debate in this House fail to match the realities on the front line. I want to ensure that the new defence informs Crown Prosecution Service decisions about whether to prosecute, rather than just having an impact when cases reach court. I am pleased that the Crown Prosecution Service has committed to ensuring that, once the Modern Slavery Bill is passed, the current CPS legal guidance for prosecutors will be updated to reflect the new legislation. This will include guidance for prosecutors regarding the application of the statutory defence, and specifically the different provisions relating to adult and child victims of modern slavery. This type of practical guidance for front-line professionals is essential to ensure that the defence acts as we intend—as an extra safeguard preventing victims, and particularly child victims, of modern slavery ever facing inappropriate prosecutions.
I have listened to the debate and I know that some noble Lords would like me to go even further down this line. However, I believe that it is appropriate that we retain some limited safeguards. I know and accept that, as my noble friend Lady Hamwee said, the noble Baroness, Lady Kennedy of Cradley, has never gone down that particular line, but I do not believe that it would be appropriate to give broad immunity from the criminal law so that a person could use this defence even when they have committed a crime in completely unreasonable circumstances.
Having proposed the amendment and given me the opportunity to build upon what has already been put on the record with additional assurances and wording— which can of course be taken into consideration should these circumstances ever arise in a court—I hope that the noble Baroness will feel able to withdraw her amendment, recognising that she has, again, moved the Government further along the road along which she wants us to travel.
Baroness Kennedy of Cradley
I thank the Minister for that reply, and repeat that I am very grateful for the constructive way in which he and his staff have engaged with me and other noble Lords, and with NGOs that have worked tirelessly on this Bill and on this issue. I recognise that the Government have listened and rethought; I hoped that they might rethink a little further, so I am disappointed that the reasonable persons test will remain in place. I see it as another test of compulsion, and I see it going further than it goes now. I find it hard to imagine how other adults could place themselves in the shoes of an emotionally manipulated child.
I accept what the Minister says and welcome his comments. The final assurances that I asked for—CPS consultation with stakeholders, the new guidance that will be produced, the training for prosecutors and how the new statutory defence will be engaged in the field—are all crucial to make sure that we never see a child convicted for a trafficking offence that they have been forced to do. With those assurances given by the Minister, I beg leave to withdraw the amendment.