Nationality and Borders Bill

Debate between Baroness McIntosh of Pickering and Baroness Butler-Sloss

Lords Hansard - Part 1 & Committee stage
Thursday 10th February 2022 Lords Chamber

[Baroness Butler-Sloss (CB)]

My Lords, I support all these amendments but I will speak to Amendment 169, to which I have put my name. I will deal with two other people apart from the anti-slavery commissioner who said that her gravest concern lies with Clause 62 above all the other clauses in this part of the Bill.

The United Nations rapporteur said:

“We are concerned that Clause 62(3) would be in violation of the State’s obligation to ensure non-punishment of victims of … forms of slavery for any unlawful acts … that are a direct consequence of trafficking.”


That, of course, is exactly what the Modern Slavery Act says in relation to people who commit offences if they are done in the course of being a trafficked person. So far as children are concerned, if they are under 18, they cannot be responsible for acts that they have done under the coercion of being a trafficking victim.

Perhaps of more significance to the Government is the issue of prosecution. Caroline Haughey QC, who advises the Government and regularly prosecutes traffickers—with great success I am glad to say—has described this Bill as catastrophic. She is a very successful QC. She is very measured and “catastrophic”, to my mind, is the most unusual word for a sensible prosecuting QC to use. She goes on to warn of the risks of losing witnesses for prosecutions because they have been guilty of offences themselves. We do not have enough prosecutions. It is an extremely serious matter that we do not have enough, and this clause is certain, if it is left in its original state, to reduce the number of prosecutions that Caroline Haughey and other QCs are trying to do in the criminal justice system.

I think again the Government ought to bear in mind why so many people who are victims have criminal records. It is perfectly obvious—they are much easier to identify and traffic, children as well as adults. They are the sort of people the traffickers go for because they know they are much less likely to come voluntarily to the public eye. They need protection against having been trafficked just as much as anybody who has a clear record. I implore the Government to think very carefully about this effect on prosecutions and the fact that criminals are very likely to be trafficked people.

[Baroness McIntosh of Pickering (Con)]

I am delighted to follow the noble and learned Baroness. The Committee has benefited greatly from her insightful comments on the background. This is a particularly murky world about which we are talking. People are in an extremely vulnerable and unfortunate position, and they may well be preyed on and further exploited by the very people I applaud the Government for trying to target.

I will speak briefly to Amendments 160 and 163 in my name. Amendment 160 is the key amendment; again, it is a concern raised by the Law Society of Scotland, which is keen to ensure that these provisions be brought to account only in exceptional circumstances. The reasoning for this—which follows very well from the discussion we have heard in this debate—is that Clause 62 excludes from the national referral mechanism persons who have committed criminal offences as well as other offences relating to terrorism. It excludes those who have claimed to be victims of terrorism in bad faith. However, it appears to divide victims into the worthy and the unworthy. Surely the Government must explain their reasoning behind this. In my view, and that of the Law Society of Scotland, no one should be disqualified from being a victim of one crime because they have been a perpetrator of another—precisely for the reasons that the noble and learned Baroness, Lady Butler-Sloss, gave us. Victims of trafficking could be criminalised for conduct relating to their trafficking. This is in breach of Article 26 of the Council of Europe trafficking convention. I cannot believe for a minute that this is the intention of the Minister or the Government in this regard.

The noble Baroness, Lady Ludford, referred to a recent court case; I do not know if it is the same one to which I will refer. A violation of Article 4 of the ECHR was recently found against the United Kingdom, in this regard, by the European Court of Human Rights in VCL and AN v the United Kingdom. For those who would like to research this further, the reference is application numbers 77587/12 and 74603/12.

I conclude with a question to the Minister. Does he not share my concern that the clause, as it stands and without reference to exceptional circumstances, introduces a high risk of a double punishment for those victims who have received convictions? Moreover, disqualifying certain victims from protection increases the prospect that they will be further exploited by organised criminal groups as they will be unable to access protection from the state.

Domestic Abuse Bill

Debate between Baroness McIntosh of Pickering and Baroness Butler-Sloss

Report stage
Wednesday 10th March 2021 Lords Chamber

[Baroness McIntosh of Pickering (Con) [V]]

My Lords, I want to take a moment to support the noble Baroness, Lady Finlay of Llandaff, in her Amendment 23. I pay tribute to all her work in this field and to the other signatories to the amendment. I want to single out the noble Lord, Lord Brooke of Alverthorpe, with whom I had the privilege of serving on the ad hoc committee on the Licensing Act 2003.

Without any shadow of a doubt, as the noble Baroness, Lady Finlay, set out, domestic abuse is, unfortunately, aggravated and fuelled by alcohol and drug abuse. It behoves all of us to try to limit the damage done in these circumstances. I therefore hope that my noble friend the Minister will look favourably on the modest change to the wording of the Bill that is proposed here.

I know that Scotland has taken a lead, particularly on the unit pricing of alcohol. I initially had reservations about that until I heard the evidence we took on the ad hoc committee. It was always understood, and we concluded that we would press them, that the Government would come forward with unit pricing in Scotland. I think my noble friend the Minister would agree that it has led to a significant reduction in alcohol abuse.

With those few words, I lend Amendment 23 my support, and ask my noble friend to look favourably on the modest additional wording it proposes.

[Baroness Butler-Sloss (CB) [V]]

I should have declared earlier an interest as chairman of the National Commission on Forced Marriage.

I thank the Minister very much for listening and for what she said in response to the debate on an earlier amendment on forced marriage. I agree entirely with what the noble Baroness, Lady Finlay of Llandaff, said. I would just add that mental health issues should include people who are forced into marriage, most of whom are very young and some of whom are under 18.