Illegal Migration Bill

Debate between Baroness Kennedy of Shaws and Baroness Helic

Committee stage
Monday 12th June 2023 Lords Chamber

[Baroness Kennedy of The Shaws (Lab)]

My Lords, I am a member of the Joint Committee on Human Rights. The report, as others have mentioned, came out early today, and many noble Lords will not yet have had the opportunity to read it. Evidence was taken from many people who had in-depth experience and who were experts in these different fields.

On modern-day slavery, we heard from the former anti-slavery commissioner, Professor Dame Sara Thornton, who, as noble Lords know, had been a very senior police officer and the lead police officer in the area of Oxfordshire. She made it very clear that she was horrified at the implications of the Bill, saying:

“It basically denies those who are trafficked to this country and arrive irregularly any modern slavery protections … It will be the victims who are punished, not those who are trafficking them”.


She says that as someone with huge experience. While we do not have a modern-day slavery commissioner at the moment, she is our last one, so her voice of experience should be heard and appreciated by this House.

We also heard from the Salvation Army, which the Committee will know is, again, the lead organisation dealing with modern-day slavery. Similarly, in its testimony to us, it said that

“removing people … will deliver vulnerable people back into the hands of the criminal gangs who have exploited them. This does nothing to break the cycle of exploitation”.

We really have to listen to that. I know that there are people who do not believe in expertise, but we have to listen to those with real expertise. I agree that this whole set of recommendations in the Bill is unacceptable, inhumane and unworkable.

The noble Lord, Lord Weir, suggested that we are being cynical if we think that this is performance politics. I am afraid that that is the view held by noble Lords all around this Committee, not just on the Opposition Benches. There are many Members on the Conservative Benches who know that the Bill is really the last shout of a failing Government. One said to me that it was the last card in the pack. Just think about what that means: that, when you are foundering, you turn to immigration and make a dog-whistle piece of legislation in the ugliest of ways.

[Baroness Helic (Con)]

My Lords, I will speak in support of Amendment 86 in particular, but I fully endorse other efforts to preserve protections for victims of modern slavery.

As I said at Second Reading, and as many noble Lords have warned, the provision in the Bill to remove modern slavery protections from migrants targets the very people most at risk of being trafficked. It would reduce the number of people coming forward with evidence and make prosecutions harder. My noble friend the Minister reaffirmed then the Government’s commitment to tackling the horrendous crime of modem slavery and to supporting victims, but I am afraid that the Bill still falls short.

There are strong similarities to cases of sexual and gender-based violence. We know that survivors’ testimony is crucial for accountability, but, without proper support and good systems in place, survivors are not, and do not feel, able to give evidence. The Government say that, where absolutely necessary and where they are co-operating with the police, victims will be able to stay in the United Kingdom while their case proceeds, but I fear that this sets the bar way too high. By the time it becomes apparent that a survivor’s evidence is necessary, it will often be too late. Survivors need the time and space to process what they have been through and to prepare themselves for coming forward with evidence, speaking about what they have experienced and going through the justice system. It can be an intense and daunting process which requires determination from the survivor and engagement and support from prosecutors. That is much harder to deliver remotely and why a recovery period is so crucial. It allows the time to reflect, to receive support and to rebuild trust, which may have been shattered by the experience of being trafficked, but without which they cannot work with the police or prosecutors.

There are parallels with the situation of migrant victims of domestic abuse. We have ample evidence that the fear or threat of deportation is used by abusers to control their victims and that it prevents victims from seeking help or escaping an abusive situation. Similarly, if survivors of modern slavery and human trafficking believe that reporting the crime that they have experienced will mean immediate deportation, trafficked persons are far less likely to come forward in the first place. The net result of that might end up being more people suffering and less control over migration.

The support that survivors of trafficking are able to receive during a recovery period can also reduce their risk of being trafficked in future. Trafficked persons are often highly vulnerable. Returning them to their home country without support may not solve the problem and risks putting them back into the cycle and seeing them trafficked again. A recovery period can be crucial to ending dependency, allowing survivors to rebuild their lives—that, in itself, is a blow to the human traffickers’ model.

I really hope that my noble friends in government will feel able to look again at this. I do not think that removing the protection against modern slavery will have the impact for which they hope; I fear that it will make the situation worse rather than better. If we want to prevent dangerous illegal migration, we need to tackle the traffickers who facilitate it. Targeting their victims will only make that harder. By ensuring the recovery period, Amendment 86 would allow survivors the space and cover to receive the support they need and, in doing so, would make successful prosecutions more likely and escape from modern slavery easier. I hope my noble friend the Minister will be able to support it.