People Trafficking
Baroness Stowell of Beeston Excerpts(13 years, 8 months ago)
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Lord Eames
To ask Her Majesty’s Government what is their assessment of the trafficking of adults and children into and within the United Kingdom.
Baroness Stowell of Beeston
My Lords, I remind your Lordships that this is a timed debate and a lot of speakers are down to speak. With the exception of the noble and right reverend Lord, Lord Eames, and my noble friend Lord Attlee, all speeches are limited to two minutes. As your Lordships know, I have a responsibility to everyone who wants to speak so I ask noble Lords to keep to time. If anyone is still speaking after the clock strikes two it will be necessary for me to intervene so that we can be in Committee again at 2.33 pm.
Lord Eames
My Lords, my purpose in introducing this short debate in your Lordships' House is to rectify something that, in normal circumstances, is quite understandable. Spasmodically, our attention is drawn to cases involving human trafficking but the media centres on individual cases. With our preoccupation with such crimes and issues as drug trafficking, we are inclined at times to forget the constant nature of this trafficking disease affecting men, women and little children.
Slavery was abolished in this very House 200 years ago; a fact for which we can be justly proud and grateful. But the harsh reality as we meet is that slavery under different headings has grown 10 times in size and complexity since 1807. No longer is human slavery visible, acceptable and legal as it was in Wilberforce's time. Today it is invisible, hidden and so hard to detect. According to the United Nations, it is the second largest criminal activity in the world after drug smuggling, netting $36 billion annually to traffickers.
Statistics highlight the scale in the United Kingdom with people from 40 different countries arriving here in the past six months. Yet that is only the tip of the iceberg as only a small percentage of those trafficked are in fact referred to the national referral mechanism which keeps these figures, a procedure that is run by the Immigration Service. This determines whether victims can remain legally in the UK for the permitted 45-day reflection period.
The Government established the UK Border Agency to give clearer control over, among other things, trafficking through our airports and ports. Despite this, we continue to read in the press of trafficked women incarcerated in brothels, of young boys forcibly brought here from Vietnam to work in such places as cannabis farms, of men brought in as victims of debt bondage and turning up in East Anglia, of internal trafficking of men in Bedfordshire, or of Taiwanese fishermen ending up as victims of trafficking on trawlers off the Irish coast. Then there are children, just like Fagin's children, being caught pickpocketing, shoplifting or stealing from ATMs, earning thousands of pounds each year for the traffickers. These are only some of the tragic human tragedies being played out in our own country even as we debate this issue.
The right honourable Prime Minister has stated on many occasions that his Government will be tough on traffickers and compassionate towards victims. He said just that in Downing Street last October to mark Anti-Slavery Day. I do not doubt the good intentions of the Government in this regard, but I fear that much remains to be done if we are to be freed of modern-day slavery.
Let me make some suggestions to the noble Earl who will respond to this debate. In doing so, I thank him for the concern that he has shown in my preparation for this discussion. First, can the Prime Minister give the lead in better co-ordinating the seven major government departments that share responsibility for different aspects of anti-slavery policy? An interdepartmental ministerial group used to meet monthly, but in the past 18 months it has met twice only. What message does that send out of a Government really taking slavery seriously? Surely greater co-operation and co-ordination are essential at that level.
Secondly, 2012 is surely a wonderful opportunity to use the advent of the Olympic Games to make a monumental effort in the spirit of the Games to make another attempt at ending slavery within our shores in the United Kingdom.
Traffickers are astute, sophisticated and ruthless. They use the most advanced technology, and their networks spread beyond frontiers. Pickpocketing and ATM thefts by Roma gangs in Westminster can overnight be moved to another part of Europe. Sex slaves destined for the United Kingdom can be redirected to the Gulf states. The use of forged passports, fictitious uncles accompanying equally fictitious nephews and nieces, and the use of different routes—particularly in our own case the United Kingdom border with the Republic of Ireland—involving road, rail, air and sea all mean that traffickers will continue to find gaps in the border and the entry points.
Are the Government satisfied with the levels of identity checks at our points of entry, particularly in relation to the so-called domestic—yet international—flights from the Republic of Ireland? Then there are the numbers of child asylum seekers who arrive on our doorstep every year, many without passports, which have been destroyed in transit on planes or even eaten and digested on lorries and trains prior to arrival. A report by the Children’s Commissioner for England has recently drawn our attention to the urgent needs in this respect. Aftercare of victims in this country raises serious questions. What is being done about those children who disappear from refuge institutions and homes? Between 2007 and February 2010, 942 children trafficked into the United Kingdom were rescued; but no less than 301 went missing from so-called safe homes. Is this nothing less than a disgrace?
Under the previous Administration, the Pentameter 1 strategy was introduced, whereby each police force was required to give greater priority to combating trafficking. What has happened since? The number of successful prosecutions in the UK is low, even compared to no less a country than Romania, where over 500 traffickers are in jail. The detection and prosecution of traffickers must be intelligence-led. Surely greater priority must be given to this issue—such as that evident in the Police Service of Northern Ireland and, here, in the Metropolitan Police.
NGOs are very active in the aftercare of victims, but I believe from what I have learnt that there is a need for greater co-operation and sharing between many of those NGOs. It was encouraging that the present Government agreed to sign up to the EU directive, but this does not have to be implemented until 2012. The government strategy document published last July has made little progress with its implementation.
Finally, I want to pay tribute to Anthony Steen, the former MP, for establishing the most effective all-party parliamentary group, of which my colleague in this House, the noble and learned Baroness, Lady Butler-Sloss, is joint chairman.
With the time available, it has only been possible to scale the tip of this iceberg. However, I hope that by debating it even for this short time, we will do something to keep this human tragedy before our attention.
Lord Rogan
Can I start again at two minutes? While tackling this supply may require greater resourcing for the UK Border Agency and the police forces throughout the kingdom, tackling demand is a more difficult issue. It strikes me that we need to do more to drive home the message that those who are abusing trafficked people, particularly in the sex trade, need to be aware that they are complicit in an offence which is akin to slavery. They should face severe consequences for their actions but unfortunately, for too many, this is currently a crime without fear of consequences. That needs to end.
For instance, customers who pay for sex with those who have been trafficked—people who are clearly under duress or false pretences—should face the prospect of being charged with rape. As the law stands, successful convictions would be difficult to secure but it would certainly help put out a clear message that society will not turn a blind eye to this problem. The same moral imperative which lay before Parliament to eradicate slavery in the 19th century lies before this generation: to do all that it can to eradicate human trafficking in this world.
Baroness Stowell of Beeston
That the House do now adjourn during pleasure until 2.33 pm.
Baroness Stowell of Beeston
My Lords, I thank all noble Lords for adhering to the speaking time limit. Perhaps I may take this opportunity to apologise to the noble Lord, Lord Rogan, for interrupting him inappropriately.
Motion agreed.
Wreck Removal Convention Bill
Baroness Stowell of Beeston Excerpts(14 years, 4 months ago)
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Baroness Stowell of Beeston
My Lords, I thank the noble Lord, Lord Berkeley, for initiating this lively and interesting debate which the noble Lord, Lord Davies of Oldham, promised me at Second Reading. I am sorry that he is not in his place, but I welcome the noble Lord, Lord Rosser, to the Front Bench for this Committee stage.
Your Lordships will not be surprised that I support noble Lords who have spoken in opposition to these amendments. As I pointed out at Second Reading—and as every noble Lord contributing to today's debate understands—the costs associated with removing a wreck can be substantial and also difficult to recover, particularly as at the moment there is no straightforward obligation on ship owners to be responsible for the removal of their wreck.
The Bill builds on the well-developed arrangements that already exist for dealing with maritime casualties. Above all, it provides legal certainty by placing the primary responsibility for the removal of a wreck that poses a danger to navigation or the environment on the ship owner and ensuring that, if the authorities have to step in, the owner will pay their costs for removing it. Under the Bill, the liability of the ship owner is strict; the claimant does not have to prove that the owner was negligent or at fault.
The amendment put forward by the noble Lord, Lord Berkeley, puts some of this certainty at risk. It would delete not just the discretionary power to direct authorities to remove a wreck, but, in doing so, the statutory link to cost recovery under the convention. This was referred to by the noble Lord, Lord Greenway. The Secretary of State's discretionary power to direct, included in the Bill, ensures that authorities will benefit from the convention's cost-recovery provisions when removing a wreck.
The noble Lord, Lord Berkeley, said that if this amendment were to be agreed, there might be occasions when the authorities would choose to carry out or participate in the removal of a wreck in any case. If that amendment were to be accepted, ship owners or insurers would undoubtedly argue that as there is no explicit linkage to the convention's cost-recovery provisions, they do not need to pay an authority's costs. As I have already said, the fact that that direction is in the Bill invokes the connection to the convention. That argument would be reinforced and could lead to all costs having to be recovered through harbour fees or the fund because the ship owner or insurer would be able to point to the inconsistency that the amendment would create because proposed new Section 255C, which provides a similar statutory link in respect of locating and marking, would remain in place, thus allowing authorities to recover those costs direct from the owner or insurer, just as the Bill intends for all costs. There would be direction for locating and marking but not for removal.
In addition to creating inconsistencies, these amendments would also delete the provisions in proposed new Section 255F(4) for the explicit extension of the general lighthouse authorities' areas of responsibility to the edge of the United Kingdom's convention area, which noble Lords will know is up to 200 nautical miles from shore. As such, a ship owner or insurer would doubtless claim that a general lighthouse authority had no statutory basis on which to remove a wreck outside territorial waters and that therefore no payment was required.
The Bill's direction regime removes the real risks of such disputes by linking the authorities clearly and simply to the convention's cost recovery scheme. With the Bill imposing strict liability on the ship owner to remove a wreck and requiring mandatory insurance, it is clear to me that the risks of a shortfall in expenditure for recovering wrecks will actually be significantly less for these authorities than those they now experience. Other noble Lords have already pointed that out. As I understand it, as a percentage of GLA budgets, the costs of dealing with wrecks are already very small. The noble Lord, Lord Greenway, mentioned 0.04 per cent. However, to remove the provision allowing the general lighthouse authorities to obtain reimbursement for unrecoverable expenses from the General Lighthouse Fund on the rare occasion that it is not possible to recover all costs would be at odds with existing and established arrangements. Indeed, it would leave the GLAs with no obvious means by which to make up a shortfall, should they need to. I am concerned that the combined effect of these amendments would be to leave authorities wary of undertaking any wreck removal, notwithstanding what the noble Lord, Lord Berkeley, said, even though they have existing powers and experience. If that were to happen, it would be in no one’s interest.
In summing up, I reiterate that the Secretary of State's powers of direction are discretionary, but they must exist and appear in the Bill for all the authorities to enjoy the benefits of the convention, as they have every right to do. I expect SOSREP to take control in the manner he now does under existing powers. As the noble Lord, Lord Greenway, described, SOSREP is aware of the authorities' capabilities, experience and capacity. If he needs to issue directions, I expect him to act reasonably and to issue them only to those he thinks capable of fulfilling them, not least for the reasons the noble Lord, Lord Addington, referred to. I will leave it to the Minister to expand further on this point if he wishes. For these reasons, I ask the noble Lord to withdraw his amendment at the appropriate time.
Earl Attlee
I am grateful to my noble friend Lady Stowell for her full response to the amendment moved by the noble Lord, Lord Berkeley. The noble Lord referred to discussions yesterday, and I am very happy to continue them, not least because they are so interesting, because the noble Lord genuinely seeks a solution to these problems. I understand his very real concerns, and I am delighted to have the opportunity to give a fuller response in Committee.
It may be helpful to noble Lords if I say a few words about the memorandum of understanding between the Department for Transport and the GLAs. This will provide guidance and understanding about how the convention would work in practice. The Committee will understand that the development of the MoU is in its early stages, as it will be a while before the convention comes into force. The noble Lord, Lord Berkeley, will want to keep abreast of developments, and I am sure that I will be able to facilitate that at the appropriate point.
Wreck Removal Convention Bill
Baroness Stowell of Beeston Excerpts(14 years, 5 months ago)
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Baroness Stowell of Beeston
My Lords, before I get to the contents of the Wreck Removal Convention Bill, I declare that, unlike other noble Lords scheduled to speak today, I am not a shipping expert. Indeed, that was the first thing I said to my honourable friend the Member for Suffolk Coastal, Dr Therese Coffey, when she asked me to steer the Bill through your Lordships’ House after she had, very ably and successfully, steered it through another place. However, after reading the Bill it was clear to me that I did not need to be a shipping expert to understand why it was important and why I should agree to Dr Coffey’s request. In short, what jumped out at me from this Bill and the international convention it seeks to ratify is that it will remove an unfair burden on the British taxpayer and put liability in its rightful place.
Over the past few weeks, although I have improved my knowledge of shipping—not least because of many informative and enjoyable discussions with some of your Lordships—I remain a novice. However, I am a novice full of admiration and respect for all those who work in the UK shipping industry and in all the agencies responsible for maintaining and protecting our harbours and coastal waters. Therefore, it is my great pleasure and privilege to introduce the Bill.
Your Lordships will be pleased to hear that the Wreck Removal Convention Bill is relatively short and consists of just two clauses. The United Kingdom, which is surrounded by some of the world’s busiest shipping lanes, is particularly vulnerable to the consequences of maritime casualties. Thankfully, such instances are rare. However, we can never be complacent. In this Bill we have an opportunity to implement the International Maritime Organisation’s International Convention on the Removal of Wrecks. This international convention would build on the well developed arrangements that already exist for dealing with these incidents, on the part not only of the Maritime and Coastguard Agency but of the conservancy, harbour and general lighthouse authorities, which have responsibility for dealing with wrecks that are, or are likely to become, an obstruction or danger to navigation or lifeboats in service within their respective areas. It is anticipated that after enactment the provisions will be commenced by an order made to coincide with the entry into force of the convention, which will be 12 months following the date on which 10 states have ratified it. The Bill will not apply to historic wrecks—that is, any wreck that occurred before its entry into force.
A wreck, which may be a ship, part of a ship or something that was on board a ship, can cause a number of major problems. It may constitute a hazard to navigation, potentially endangering other vessels and their crew. It may also cause substantial damage to the marine and coastal environments, depending on what is in the ship or its cargo. Consequently, the costs associated with locating, marking and removing a wreck can be substantial. However, those costs can also be difficult to recover, particularly where a wreck has been abandoned by its owners, so inevitably the taxpayer and payers of light and harbour dues risk having to bear a significant proportion of these costs, which is totally inappropriate.
The Bill would address these issues by implementing the convention’s provisions in the United Kingdom, its territorial waters and an area equivalent to an exclusive economic zone that extends from its territorial waters up to 200 nautical miles from the shore. Most importantly, the Bill places the primary responsibility for the removal of a wreck that poses a hazard to navigation or the environment in this area on the ship owner. It would also provide the Secretary of State with the necessary powers to ensure that all reasonable steps are taken to locate and mark a wreck.
In doing so, the Secretary of State would have the discretion to direct conservancy, harbour and general lighthouse authorities to mark the wreck and to exercise or not their existing powers for dealing with the wreck. Crucially, it would also provide the Secretary of State with the necessary powers to intervene and remove the wreck if the owner does not do so expeditiously or at all. In doing so, he may act through the Maritime and Coastguard Agency or direct the appropriate general lighthouse authorities or harbour and conservancy authorities responsible for managing our ports to intervene. Although such authorities already have powers to deal with some wrecks in their existing areas, those powers lack a clear means of cost recovery. The use of the power of direction by the Secretary of State would bring the significant benefit of linking these authorities to the convention’s regime so that they can take full advantage of the cost recovery provisions—an important point.
These steps are to be welcomed. At present, the powers of these authorities are limited to their areas within territorial waters. Just as for the Secretary of State’s representative for salvage intervention, SOSREP, safety-related powers are limited to territorial waters. Only his powers in respect of pollution may be exercised in the larger pollution zone, but the Bill’s powers to locate, mark and remove wrecks and to recover the costs for that work will cover dangers to navigation and pollution all the way out to the edge of the UK zone. Under the Bill the ship owner would also be responsible for any costs associated with locating, marking and removing a wreck. This would include any preventive action that may have to be taken and any mitigation or elimination of any hazard caused by the wreck, including measures to prevent pollution emanating from the wreck. This liability would apply to all ships regardless of size. In addition, no ships of 300 gross tonnage and above would be required to maintain compulsory insurance for this liability, which would be enforced through a wreck removal insurance certification scheme.
The certificates, provided by the relevant authorities of a flag state, would provide evidence that insurance was in place and must be carried on board any ship of 300 gross tonnage and above entering or leaving a port or terminal in the United Kingdom so that they can be checked as part of the port state control procedures. Any ship found to be without the required insurance during these checks could be detained, and liability on the ship owner is strict. Therefore, if an incident has occurred that has led to the UK’s authorities incurring costs under the Bill’s regime, they will be able to recover these costs from the owner or directly from the insurer.
This right of direct action, which already exists in other maritime liability and compensation regimes, is intended to help claims to be settled more quickly. Similarly, the issue of a direction by the Secretary of State to the general lighthouse authorities and harbour and conservancy authorities to locate, mark and remove a wreck will establish the link to the procedures under the convention so that these bodies may benefit from the convention’s cost recovery provisions. All this would represent a marked improvement on the existing system because there is at present no mandatory mechanism allowing these costs to be recovered. Indeed, it greatly increases the probability of the state recovering most, if not all, of its costs where it has had to incur them in locating, marking or removing a wreck.
To conclude, SOSREP, the Maritime and Coastguard Agency and the general lighthouse authorities, along with those responsible for managing our harbours, will continue with their first-class work to prevent accidents. Of that, this novice has no doubt. But we also need to ensure that they are able to respond as effectively as possible to any problems that arise. This Bill will put them in the best possible position to do that and I commend it to the House. I beg to move.
Baroness Stowell of Beeston
My Lords, I am extremely grateful to all noble Lords who have contributed to the debate today. I thank them for their broad support for the Bill.
My noble friend the Minister has responded to most of the questions raised, but there are one or two points to which I should like to respond. The noble Lord, Lord Berkeley, asked about progress on ratification of the convention. So far, three states have ratified it: India, Iran and Nigeria. Furthermore, in December 2008, all EU member states made a firm commitment to express their consent to be bound by the convention by no later than 1 January 2013. The noble Lord also raised questions, to which the Minister referred, around the Secretary of State being able to “direct” the general lighthouse authorities. Perhaps I may reinforce what the Minister and the noble Lord, Lord Greenway, said by explaining that the term “direct” is important because it means that, if the Secretary of State decides to issue a direction, the authorities will then be parties to the convention. If the Secretary of State does not “direct”, they will not enjoy the same benefits of the convention as others.
The noble Lord, Lord Davies of Oldham, suggested that I could look forward to lively and interesting debates in Committee. I like lively and interesting, and I hope by that stage to be able to respond to the suggestion of the noble Lord, Lord Berkeley, that the memorandum of understanding between the Government and the GLA be made possible for other authorities involved.
The noble Lord, Lord Berkeley, asked about the role of the harbour authorities under the terms of the convention. It is worth making it clear that the instruction from the Secretary of State to harbour authorities will apply only in the harbours or waters that they already control. There would be no extension of any responsibility for them beyond that which they already have.
I think that I have covered all of the issues relevant to me. If there is anything further, I am sure that I can follow it up in writing.