Nationality and Borders Bill

Debate between Baroness Prashar and Lord Bishop of Bristol

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

[The Lord Bishop of Bristol]

My Lords, I have added my name to those noble Lords who oppose Clause 57 standing part. I am very grateful to the noble Lord, Lord Coaker, and others, who have already so eloquently made the case about concerns for this part of the Bill. As the Church of England’s lead bishop for modern slavery, I have had the privilege to sit with and listen to many charities, agencies and survivors of modern slavery, so it seemed appropriate to bring those conversations from the grass roots to your Lordships’ attention.

This is a clause which resonates deeply with the Church. Through the Clewer initiative, the Church of England is working across England with many partners to raise awareness of all aspects of modern slavery and to help support victims and vulnerable groups. This includes running training courses on county lines, producing apps which allow for reporting of suspected modern slavery cases in car washes and the farming sector, and working with many churches to raise up and equip volunteers in this area.

Only yesterday, around the corner from here, the General Synod of the Church of England discussed a motion on modern slavery and trafficking brought forward by members of the diocese of Durham and supported by members of the diocese of Southwark. This was prompted by the practical experience and difficulty in supporting a victim who had come to their attention. The synod voted to acknowledge the leading role which Her Majesty’s Government have played internationally in challenging slavery. Voting unanimously, the synod asked Her Majesty’s Government to introduce legislation to ensure proper provision for the ongoing support and protection of trafficked minors, and for this to be enshrined in law.

As a Church, and like many faith groups—I pay tribute, as others have, to the Salvation Army and the Medaille Trust—we wholeheartedly welcomed the Modern Slavery Act 2015. It has been such a crucial piece of legislation, and one we have long harboured hopes of seeing expanded and enhanced to do more to protect victims, to prevent future cases and to work with businesses and civil society in a collective effort against this appalling evil. Accordingly, it is so disheartening to see Clause 57—and others to which we will come to in due course—in this Bill. From so many charities and faith-based initiatives, and from survivors themselves, I have heard a torrent of the same message: “This is not going to work. It is going to exclude legitimate victims. It will result in fewer people being identified. It will result in fewer people being supported.”

The numbers who remain trapped and incapable of receiving the support that they need outstrip by an enormous margin the relatively small numbers seeking to abuse the system. Clause 57 seeks to eliminate abuse. I humbly suggest that we have a system in place that is already able to identify and refuse support to those who are not truly eligible. The noble Lord, Lord Coaker, alluded to this. What Clause 57 will do, in order to cut down on a relatively small level of abuse, is add to the barriers that are put before victims.

I want to end by emphasising that point. Those who work on the ground are desperate to do more to work with the Government to identify victims and eliminate modern slavery. This is the time to be accelerating and increasing our engagement to break the business models that exploit and enslave human beings. It is not the time to be making it harder for victims to come forward. I hope that we can rethink and remove this clause.

[Baroness Prashar (CB)]

My Lords, I am grateful to the noble Lord, Lord Coaker, for introducing these amendments with such clarity and conviction and to the noble and learned Baroness, Lady Butler-Sloss, for her passionate plea for the Government to have another look at these clauses. What I am going to say will repeat the points that they have made, but I think that they are worth repeating because they are serious concerns.

One of the main concerns of all those working with victims of modern slavery—NGOs, police, prosecutors—is Clause 58. It is humbling when you talk to those working on the front line to hear of the compassionate way in which they work with victims of trafficking. I have listened carefully to their concerns and I think that the Government should pay heed. I urge the Minister to talk properly to those working on the front line with these people.

Clause 58 will have the devastating effect of damaging the credibility of victims of modern slavery if they fail to disclose their trafficking experience within a set framework. The UK, as we have heard, is seen as a world leader in tackling modern slavery. We need to build on that experience and the achievements gained over the last few years, not undermine victims by starting from a position of disbelieving them and then requiring them to prove otherwise. That would be regressive. It would breach the Council of Europe Convention on Action against Trafficking by putting the onus on victims to identify themselves and removing the state’s obligation to identify victims and investigate trafficking offences.

Clause 58 will deter victims from coming forward, reduce the number of successful prosecutions and police investigations and leave the most dangerous criminals free. It is for this reason that the police and prosecutors have voiced their concerns. The Government’s own NRM supporter, the Salvation Army, which has held the victim care contract for over 10 years, has expressed grave concerns. Most worryingly, children are not exempt. That will be a significant setback for the achievements of the Modern Slavery Act and children protection legislation. As we have heard, the conflation of immigration with victims of trafficking, particularly children, is beyond comprehension. This clause goes against experience, undermines a legal principle and displays a complete lack of understanding. As we have heard, both Sara Thornton, the Independent Anti-slavery Commissioner, and Theresa May—rightly, compliments have been paid to her—have expressed concerns. This clause should not stand part of the Bill.

To tackle the problems that Clause 58 is designed to resolve requires operational, not legislative, change. The clause goes against the Government’s own aims. It will push victims away from support, hamper efforts to track down trafficking gangs and likely reduce numbers of prosecutions. What is needed is the improvement of the NRM, reductions of delays in decision-making and better funding. I am not clear how a set framework will help with abuse and I am not aware of any data published by the Government to illustrate misuse of the NRM. Perhaps the Minister can explain how a set framework will help and what evidence, if any, the Government have about the level of abuse.

The Government argue that this measure will help to ensure that victims are identified as early as possible to receive support. Speeding up the process is in everyone's interest, but I am not sure how the clause will help. The probing amendment of the noble Lord, Lord Coaker, which I support, would add a list of good reasons for late disclosure to Clause 58. There needs to be clarity in the legislation that the notice period can be extended. It needs to be stated clearly that there are circumstances when a late disclosure should not be penalised.

With regard to children, will the Government publish a children’s rights assessment and draft guidance before Report? As the noble Lord, Lord Coaker, said, we need that in the Bill.