Economic Crime (Transparency and Enforcement) Bill

Lindsay Hoyle Excerpts

2nd reading
Monday 7th March 2022 Commons Chamber

[Priti Patel]

I will not; I need to make progress and I have been generous with interventions. In addition, on the point that my right hon. Friend the Member for North Thanet (Sir Roger Gale) made, I did say that we would cut away process, but he has already heard me say that there are security concerns and considerations—[Interruption.]

[Mr Speaker]

Order. There are just too many conversations going on. I am struggling to hear.

[Priti Patel]

Thank you very much, Mr Speaker.

Putin is a gangster and his regime is underpinned by a mob of oligarchs and kleptocrats who have abused the financial system and the rule of law for too long. Putin’s cronies have hidden dirty money in the UK and across the west, and we do not want it here. Expediting this legislation, which I know the whole House supports, will mean that we can crack down on the people who abuse the UK’s open society.

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[Priti Patel]

I appreciate that this is now becoming a much wider debate, but on Friday we launched an extended family route that covers the very family members that the right hon. Lady is referring to, and people are applying—over 14,000 have applied. That scheme is up and running. I said in my earlier remarks that later on this evening we will be providing assured data and assured numbers on the people who are coming through that route. It is wrong to say that this Government are not welcoming Ukrainian refugees. We have a very unique scheme. As I said, it is the first of its kind in the world and it cannot be measured against that of any other country.

[Mr Speaker]

I think I need to come in here, just for a minute. At the end of this debate I expect the Minister’s wind-up to pick up on some of the points that have not been answered—that is the idea of having a Minister speak at the end. Hopefully we can make sure that the Government, having been given time to think about the answers, are prepared to respond to some of the questions that have been raised.

[Yvette Cooper]

I am grateful, Mr Speaker, because there are some very serious questions.

The Home Secretary has just said that elderly aunts are included, but that is not what the website says. Elderly parents are, yes, but elderly aunts are not. We really need to know what the facts are, because right now a lot of families are being turned away. Lots of relatives who are families of Ukrainians working here on healthcare visas or on study visas are also not allowed to come. They are not included in her scheme and families are desperate now.

What is happening is shameful. There are too few relatives arriving and no sign of the sponsorship scheme that the Government have promised will allow those who are not family members to come. Will the Home Secretary please stop claiming that this is all world-beating and world-leading and that she is doing everything possible, and accept that it is not working and things are going wrong? Otherwise, how can we possibly have confidence that she is going to put this right and make sure that refugees can get the sanctuary they need?

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[Kevin Hollinrake]

On a point of order, Mr Speaker. We have been waiting for the economic crime Bill for many years. There is a huge number of amendments on the Order Paper and a huge number of people wanting to speak. This is a very important issue—absolutely critical—but it does not relate to that legislation. Could we have a ruling from you on that point, sir?

[Mr Speaker]

I make the decisions, and I think it is all right. What I would say, in fairness, is that the Home Secretary spoke for well over 30 minutes—in fact, I think it was nearly 40—and I am therefore giving some leeway. It is a very important matter; it is also protected time, so one need not worry.

[Yvette Cooper]

Thank you. Mr Speaker. The concern for the House is that the Home Secretary has provided information today that does not yet seem to be accurate, and we urgently need accurate information. We also need a simple route to sanctuary for people who want to join family or friends and need sanctuary in the UK to be able to do so. That is not yet happening. We desperately need the Home Secretary to get a grip.

We need action to support refugees. We need the UK to do our bit. We also need the measures on sanctions, unexplained wealth orders and the register of overseas entities to be put swiftly in place. We need Putin to feel the full force of sanctions now; we welcome the sanctions that are in place, but more than a week into the war, we have sanctioned only a handful of oligarchs and are still falling behind other countries. I hope the Bill will make it possible to speed things up, but there are concerns that people who may be subject to sanctions will still have time to move their wealth. We will discuss those concerns later in Committee, where amendments have been tabled that may be able to address them.

Turning to beneficial ownership, UK property has been used to launder illicit wealth for too long. We welcome measures to reveal for the first time who the ultimate foreign owners of UK property are. We welcome, too, the Government’s recognition that the initial, draft Bill did not go far enough; they have accepted our amendments on stronger fines and proper identity checks, and that is welcome. Giving people 18 months to dispose of all their assets, as the draft Bill suggested, so they can hide them in some other regime was clearly ludicrous; it was a chance for them to get out of London and stash illicit money somewhere else. But even six months gives people a very long time, and is not justified by the scale of the problem we face. People have already had six years of warning that this Bill was coming. That is why in our amendment, we call for 28 days instead.

We support the measures on unexplained wealth orders. The fact that they have been used in only four cases in four years shows that for too long they have not been working: they are too hard for the police to use and too easy for the clever lawyers of rich criminals and oligarchs to block, and the costs to the National Crime Agency if it loses a court case are too great. We have called for more action to monitor progress to see whether these reforms make sufficient difference, and we welcome the Government’s acceptance of that amendment, but that must be only the start. We badly need the long-promised reform to Companies House, and we are calling on the Government to publish that draft legislation imminently. We need to ensure that it has action on enablers and on cryptocurrencies, too.

We will need more action on golden visas. The Home Secretary has rightly made a decision to halt them, but her own statement said:

“The operation of the route has facilitated the presence of persons relying on funds that have been obtained illicitly or who represent a wider security risk.”—[Official Report, 21 February 2022; Vol. 709, c. 6WS.]

There is still no published review, no information on the number of people suspected of involvement or of posing a wider security risk, or how many of them have now become British citizens. I wrote to the Home Secretary to ask questions on that, and she has not responded. I urge her or other Ministers to explain when they will be able to do so.

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[Rushanara Ali]

Does my right hon. Friend agree that it is deeply concerning that the now Lord Lebedev, despite warnings—

[Mr Speaker]

Order. We cannot name a Member of the other place, unless it is on a substantive motion, so that it is not personal. We must keep to where we are.

[Yvette Cooper]

Given the seriousness of this matter and the seriousness of the allegations that security advice from our intelligence agencies was dismissed, and given the importance of the Prime Minister always demonstrating that the defence of our national security is always his priority, it is immensely important that all the information and advice pertaining to this appointment is made available to the Intelligence and Security Committee, so that it can also scrutinise this process and examine the information it is given. The No. 1 responsibility for us all, and certainly for our Government, must be the protection of our national security.

Today we will speed through this Bill and wish it well. We want to see stronger action against Russia at this time of international crisis. We want to see stronger action against economic crime that puts us to shame and undermines our economy and the rule of law. We need action on transparency, on regulation, on enforcement and on accountability—too many areas where there has not been progress for too long. We also need action so that the UK plays our part and properly gives sanctuary to those fleeing the Russian bombardment in Ukraine. They need our support and help here in the UK, and that is not just family members, but those more widely who need our support. We must vow that never again will we allow our major institutions to be so influenced by corrupt elites and that we will give those involved in corruption and economic crime no place to hide. Be it Russia or anywhere else in the world, we will no longer stand for this here in the UK.

[Mr Speaker]

I start off by saying that I expect Members to take around five minutes.

HMICFRS Recommendations

Lindsay Hoyle Excerpts

Tuesday 1st March 2022 Commons Chamber

[Sarah Jones (Croydon Central) (Lab)]

I thank the Minister for her statement, a copy of which we received 15 minutes before it was made. You might think, Mr Speaker, that with the machinery of government at their disposal Ministers could follow the normal practice and give the statement to us a little sooner than that, but I thank her for the statement in any case.

[Mr Speaker]

Order. Have I heard the shadow Minister correctly that she got the statement only 15 minutes beforehand?

[Sarah Jones]

It was at 12.15 pm, and we thought the statement was starting at 12.30 pm.

[Mr Speaker]

That is not acceptable. I say to the Minister and to the officials in the box: why has this happened? It totally goes against the rule. Copies of statements should arrive at least 45 minutes before they are made. I cannot understand. If we were told that this statement was due, there must have been enough time to make sure that the Opposition could, quite rightly, hold the Government to account. Back Benchers also need to hold the Government to account, but the statement should be led equally by both sides of the House.

[Rachel Maclean]

Mr Speaker, may I offer my full and wholehearted apology for the failure to follow those processes? There has been a failure. I apologise to the shadow Minister, I apologise to you, Mr Speaker, and I apologise to the whole House. I will personally take it upon myself at the highest levels of the Department to find out what went wrong in this instance, and I am very happy to answer questions at any time.

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[Rachel Maclean]

It is a pleasure to respond to the Chair of the Home Affairs Committee, and of course it was a pleasure to appear before him—[Interruption.] Oh, the interim Chair: my apologies to the Chair, the right hon. Member for Kingston upon Hull North (Dame Diana Johnson), who is in her place. That is mortifying; I do apologise. Nevertheless, I look forward to appearing in front of the Committee, no doubt, in future.

The issues that my hon. Friend raised are vital. He is right to point to the challenges faced by women and girls, and of course men, who come from backgrounds of disability or other circumstances that make it harder for them to engage with the criminal justice system. That is exactly why we are expanding our groundbreaking programme, Operation Soteria, which looks in detail at the issues that he highlighted about the delays in rape case prosecutions. These issues are systematic and actually go back decades. This is a very important point. We are now prosecuting rape and these crimes in a very different age—in a digital age. People now have evidence on their phones. They have gigabytes and terabytes of information in the cloud, all of which, at times, needs to be introduced into an investigation. That must be done in a proportionate and sensible way. That is why I think my hon. Friend will welcome the work that we are doing in Operation Soteria to tackle another issue that has often been raised with us by victims—that of people having their phones taken away from them.

[Mr Speaker]

Order. I understand we are trying to buy time. We do not need to buy time, so let us do our normal routine.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

I am delighted to follow the hon. Member for East Worthing and Shoreham (Tim Loughton)—the longest-serving member of the Home Affairs Committee and a very able acting Chair.

I welcome the fact that men’s violence against women and girls will be a strategic policing requirement—that is absolutely right. However, the joint thematic report on the police and CPS’s response to rape, which was published at the end of last week, had, again, the shocking statistic that for those cases that actually get to court, over 700 days elapse from the report of the incident to actually getting to court. There were nine recommendations in the report, including the establishment of a commissioner for adult rape and serious sexual offences, and having specialist rape courts to deal with the backlog. Will the Minister comment on whether those recommendations will be accepted by the Government? Will she confirm which Home Office Minister is responsible for the implementation of the rape review?

Ukraine

Lindsay Hoyle Excerpts

Tuesday 1st March 2022 Commons Chamber

[Mr Speaker]

Order. Mr MacNeil, I expect better. You have been chirping—[Interruption.] Let me finish. I do not want you chirping all the way through. I want to make sure that you get a question, and your question will be important. Do not waste that opportunity.

[Priti Patel]

Thank you, Mr Speaker. You effectively asked the hon. Member for Na h-Eileanan an Iar (Angus Brendan MacNeil) to be quiet. He contacted me with a case at the weekend—I think it was on Sunday—and he had a response within minutes. That response came from me, as I picked up the case personally, so I do not need to be told to get on with my job, thank you very much.

The SNP, rather than making these really quite offensive points—

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[Several hon. Members rose—]

[Mr Speaker]

I want to get everyone in, so let us help each other because this is a very important statement. Please hold your fire until it is your question, and then make sure that you put the question. Let us work to help each other.

[Mr David Davis (Haltemprice and Howden) (Con)]

I welcome the Home Secretary’s response to the calls for generosity from many of us, which is what I expected. This is a much more generous system, but, quite properly, she has taken time to make it work practically. However, I want to raise a practical issue. As she said, the numbers are not clear. Some have forecast a total of 4 million will come out of Ukraine, and it may be 5 million or 6 million, so our share of that burden would probably be about half a million people. A significant number of them—perhaps a majority—will be women and children, not whole-family units, so the burdens on housing, education and social support will be bigger than anything we have seen before. Has she had discussions yet, or will she have discussions, with our European colleagues to ensure that that burden is shared across the whole continent? That is the only way in which we can look after these people properly.

Oral Answers to Questions

Lindsay Hoyle Excerpts

Monday 28th February 2022 Commons Chamber

[Kevin Foster]

I briefly spoke with Neil Gray on Friday, ahead of potentially meeting more formally, about potential options for Afghan nationals currently in bridging hotels and those leaving Ukraine to be both housed and settled in Scotland. If there are individual cases at this stage, please feel free to bring them to my attention, and we will look into them.

[Mr Speaker]

I call the shadow Minister, Neil—sorry, Stephen Kinnock.

[Stephen Kinnock (Aberavon) (Lab)]

I have had that since I was 13 years old, Mr Speaker. You are not the first, and I am sure you will not be the last.

The Opposition support the call of the Welsh and Scottish Governments for the UK Government to offer sanctuary to Ukrainians who are fleeing the horrors of war, but the UK Government’s response has, once again, demonstrated the toxic combination of incompetence and indifference that are the hallmarks of this Home Secretary and her ministerial team.

Over the weekend, the Minister, who is responsible for safe and legal migration, tweeted that the Ukrainians who are running for their lives should apply to come to our country on seasonal fruit-picking visas. That tweet was the modern-day equivalent of “Let them eat cake.” Thankfully he has deleted it, but will he now come to the Dispatch Box to apologise unconditionally for that tweet? Will he also offer swift, well-managed and safe sanctuary to these victims of Putin’s barbarity who require our support?

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[Kevin Foster]

Given that the judgment is believed to be fairly imminent, it makes eminent sense to wait for it and then announce our next steps fully taking into account what it says and what it concludes. As the right hon. Gentleman will be aware, given the passage of time we have already amended our guidance to make it clear that where a person’s right to a private and family life in the UK is relevant, the interception of a previous TOEIC test is not an invariable ground for refusal if they make an immigration application.

[Mr Speaker]

We now come to topicals. I have granted some extra time to the Home Secretary as she wants to make an important announcement.

[Mary Robinson (Cheadle) (Con)]

T1. If she will make a statement on her departmental responsibilities.

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[Priti Patel]

I am sure the House would like to listen to the actual measures we are bringing in. The cyber-attacks and disinformation will be met with robust responses, and we have stepped up all international co-operation on that.

Finally, what is happening in Ukraine is utterly heartbreaking and profoundly wrong, but together with our international partners, we stand with the heroic Ukrainian people. Further work is taking place with diplomatic channels, and the Ukrainian Government have today requested that the Russian Government be suspended from their membership of Interpol, and we will be leading all international efforts to that effect.

[Mr Speaker]

We did try to arrange with the Home Secretary’s office that the statement should be up to 500 words. I think we will find that that was beyond 800 words; it took six minutes. I think the House would have benefited from an actual statement. If we cannot have one tomorrow morning, I suggest someone might like to put in for an urgent question, because I believe the House would benefit from that, as there was so much in what the Home Secretary said. I will be extending topicals.

[Allan Dorans (Ayr, Carrick and Cumnock) (SNP)]

T2. Will the Home Secretary listen to the 50 organisations, including Save the Children and Amnesty International, that wrote a joint letter in The Times last week calling for the Ukraine crisis to lead to a rethink on the Nationality and Borders Bill, which discriminates against refugees depending on how they reach our shores?

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[Priti Patel]

Let me refute every single point that the right hon. Lady has made. All intelligence, rightly, has pointed to the invasion for a considerable time, and the Government have been working for that, as we know, in terms of the wider Government response. [Interruption.] If I can start to respond to some of those questions, all hon. Members would benefit from paying attention and listening.

When it comes to providing visas and support for Ukrainian nationals in the United Kingdom, our schemes have been put in place for weeks—there is no confusion whatsoever. They have been in place in countries switching routes. They have been well publicised and well documented. We have been working through our visa application centres. [Interruption.] Again, perhaps the hon. Member for Birmingham, Yardley (Jess Phillips) would like to listen, rather than being responsible for some of the misinformation that has been characterised and put out over the weekend. Those routes have been open and available.

A helpline has been available for weeks. We have had people working in the region and in country in Ukraine for weeks and weeks. We obviously closed down our operations in Kyiv, because we removed staff from there—

[Mr Speaker]

Order. We have to make some progress. We are on topicals; they are meant to be short. You had six minutes before. I call Yvette Cooper, briefly.

[Yvette Cooper]

The Home Secretary said that the routes have been in place, but she has been trying to get people to use existing visas, which do not work in a time of crisis. That is why her Immigration Minister was suggesting that people come and pick fruit.

At a time when many people want to stay close to the Ukraine, we know that there are family members or extended family members—people who have connections here in the UK—who want to come and join family and friends. They will still not know what the situation is as a result of the Home Secretary’s words today. Let me ask her something very specific about the elderly parents of people who are living here in the UK, who are not covered by her announcement yesterday. Will the elderly parent who tried to join her daughter in the UK, who was turned down and made to go away by UK Border Force at the Gare du Nord, be able to return to the Gare du Nord today and come safely to the UK?

Marriage and Civil Partnership (Minimum Age) Bill

Lindsay Hoyle Excerpts

Report stage
Friday 25th February 2022 Commons Chamber

[Mr Speaker]

Before we get to proceedings, I remind Members of the difference between Report and Third Reading. The scope of the debate on Report is the amendments that I have selected; the scope of the Third Reading debate to follow will be the whole Bill as it stands after Report. Members may wish to consider those points and then decide at which stage or stages they want to try to catch my eye.

Clause 2

Offence of conduct relating to marriage of persons under 18

[Mrs Pauline Latham (Mid Derbyshire) (Con)]

I beg to move amendment 1, page 1, line 11, leave out “(2)” and insert “(3)”

This amendment would insert the subsection which provides for the new offence of carrying out conduct for the purpose of causing a child to enter into a marriage after section 121(3) of the Anti-social Behaviour, Policing and Crime Act 2014 rather than after section 121(2) of that Act.

[Mr Speaker]

With this it will be convenient to discuss the following:

Amendment 2, page 1, line 15, leave out “threats or any other form or coercion” and insert “threats, any other form of coercion or deception, and whether or not it is carried out in England and Wales”.

This amendment would state expressly that for the new offence of carrying out conduct for the purpose of causing a child to enter into a marriage, the conduct may take place in England and Wales or elsewhere and may, but does not have to, involve deception.

Amendment 3, page 1, line 17, leave out subsection (3).

This amendment would remove the cross-reference to the new offence of carrying out conduct for the purpose of causing a child to enter into a marriage.

Amendment 4, page 2, line 3, leave out subsection (6) and insert—

‘(6) After subsection (7) insert—

“(7A) A person commits an offence under subsection (3A) only if—

(a) the conduct is for the purpose of causing the child to enter into a marriage in England or Wales,

(b) at the time of the conduct, the person or child is habitually resident in England and Wales, or

(c) at the time of the conduct, the child is a United Kingdom national who—

(i) has been habitually resident in England and Wales, and

(ii) is not habitually resident or domiciled in Scotland or Northern Ireland.”’

This amendment would mean that a person may commit the new offence of carrying out conduct for the purpose of causing a child to enter into a marriage only if the conduct is for the purpose of causing a child to enter into a marriage in England or Wales, or the person or the child has a specified connection to England and Wales.

Amendment 5, page 2, line 4s, leave out subsection (7).

This amendment would in respect of the new offence of carrying out conduct for the purpose of causing a child to enter into a marriage remove the exception for marriages of 16 and 17 year olds that take place in Scotland or Northern Ireland, so that conduct related to such marriages may amount to an offence.

[Mrs Latham]

I am pleased to speak to these amendments, which I am confident will make the Bill clearer and cleaner, and provide more effective, targeted and proportionate safeguarding. Before I come to the details of the amendments, I remind hon. Members of the purpose of clause 2, to which all five amendments relate.

Clause 2 will create a new part of the forced marriage offence within the Anti-social Behaviour, Crime and Policing Act 2014. Currently, it is only an offence to cause a child to marry if violence, threats or another form of coercion are used, or if the child lacks capacity to consent to marry under the Mental Health Capacity Act 2005. It is not an offence to cause a child to marry if coercion is not used and the child is not covered by that Act. As I set out on Second Reading in November, this is a real loophole. To ensure that all children are protected, the Bill needs to ensure that it is always an offence to cause a child under the age of 18 to enter into a marriage, whatever the methods used.

I propose to start by going through the first three broadly technical amendments, beginning with amendment 3. The existing offence of forced marriage contains a subsidiary offence of deceiving someone into going overseas with the aim of forcing them into marriage there. That is an important addition, because such behaviour is far from uncommon. As it stands, the Bill expressly extends that deception offence to encompass the behaviour entailed in the new offence. However, on reflection, Ministers and I feel that it is not necessary. The new offence that we are adding, of causing a child to marry, refers to

“any conduct for the purpose of causing a child to enter into a marriage before the child’s eighteenth birthday, whether or not the conduct amounts to violence, threats or another form of coercion.”

That would include deceiving a child into going overseas. That means that the provision in the original Bill is unnecessary duplication, and it makes the law less clear than it could and should be. Amendment 3 would remove the express extension of the deception offence to cover the conduct entailed in the new offence of causing a child to marry. I would like to put beyond doubt, on the record, that that new offence does include deceiving a child, be that into going overseas or otherwise.

To reinforce this, amendment 2 adds specific reference to “deception” as one of the types of conduct that it might encompass, as well as specifying that it does not matter whether or not the conduct was carried out in England and Wales. Finally, and purely consequentially, amendment 1 merely moves the new offence of causing a child to marry from before the deception offence to after it, where it more naturally fits.

Amendments 4 and 5 make substantive changes to the nature of the offence, in such a way, I believe, as to improve the Bill. They relate to the jurisdictional scope of the offence—the scenarios that can lead to prosecution, based on where the parties are, where they live, what their nationalities are, and where the marriage is to take place. Currently, the new offence of causing a child to marry essentially inherits the jurisdictional scope of the existing forced marriage offence. It also required a carve-out provision—clause 2(7) of the original Bill—which removed liability where marriages of 16 and 17-year-olds take place in Scotland or Northern Ireland. Hon. Members will be aware that that was necessary because marriage policy is devolved and the age of marriage is different in those countries.

On reflection with Ministers, that presented two problems. First, those wishing to carry out a child marriage in England or Wales would, in many cases, have been able to get around the offence simply by having the marriage take place in Scotland or Northern Ireland—I refer to that as the “Gretna Green” exception. Secondly, the law as drafted would inadvertently include UK nationals resident in Scotland, and Northern Ireland residents who, perfectly legally under their own law and under the law of another country, wished to marry at 16 or 17 in that third country. That could be seen as a lack of respect for the devolution settlement. It is evidently not appropriate for the law to reach that far, but on the other hand, we would like to close the Gretna Green loophole. I am therefore grateful to Ministers for their help and support in reaching a solution that both respects the devolution settlement and removes that dangerous loophole.

Amendment 5, which is the first part of the solution, removes the current exemption in clause 2(7) for marriages of 16 and 17-year-olds taking place in Scotland and Northern Ireland. That will remove the Gretna Green exception. However, the offence would then cover all UK nationals marrying overseas, which could include those living in or domiciled in Scotland or Northern Ireland, where child marriage is—unfortunately—still legal. Amendment 4 will therefore make the jurisdictional provisions more proportionate and targeted while still ensuring maximum safeguarding. That will provide that a person can be prosecuted in one of three situations.

Oral Answers to Questions

Lindsay Hoyle Excerpts

Monday 17th January 2022 Commons Chamber

[Rachel Maclean]

I thank my hon. Friend for raising such an important issue. These and many other issues are captured in the rape review. Every Member of this House will be concerned about the level of rape prosecutions, which is why the Government are working across Departments to improve the system overall, and it is absolutely right that we do so.

[Mr Speaker]

I call Dame Diana Johnson—I welcome the right hon. Lady to her first Question Time as Chair of the Home Affairs Committee.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

The Minister will know that, in 2015, in her report on rape investigations and prosecutions in London, Dame Elish Angiolini recommended that the specialist RASSO police officers should investigate rape cases. We heard much evidence to back that up in the inquiry that the Home Affairs Committee has just concluded. I have a question for the Safeguarding Minister, who appeared before the Committee in December. At the time she could not tell us how many police officers were RASSO trained, or, indeed, how many of the new recruits to the police had been RASSO trained. Is she able to do so today?

Foreign Interference: Intelligence and Security

Lindsay Hoyle Excerpts

Monday 17th January 2022 Commons Chamber

[Priti Patel]

First of all, I take issue with the right hon. Lady’s overall comment: there is no complacency. There is never any complacency at all. On issues of national security, it is absolutely vital and important that all parties, irrespective of their previous opposition to aspects of protecting our country from some of our adversaries, come together.

The right hon. Lady has asked a series of important questions not just about protecting us from our adversaries and malign threats, including state threats, but in relation to the Russia report. She will be aware that the Government gave a full response to the Intelligence and Security Committee Russia report in July 2020. Many of the recommendations were already in train, co-ordinating Her Majesty’s Government, the work across the Treasury, and all aspects of Government work, led by the Cabinet Office.

That comes together in relation to much of the work around protecting democracy, which, as the right hon. Lady will be well aware, sits with the Cabinet Office and is co-ordinated through our agencies in terms of understanding where the threats are, calling out malicious cyber-activity, sanctioning individuals, working further on global anti-corruption sanctions regimes and cracking down on illicit finance. That work is clearly co-ordinated at that particular level.

The right hon. Lady also makes reference to aspects of new legislation, and I touched on that issue myself during my opening remarks. She is right to say that the consultation took place last year. Work is under way, and there will be announcements in due course about the approach that the Government are taking to new legislation on state threats.

My final comment is that when it comes to state interference it is absolutely vital that not just all Members of this House, but members of the public—we have had many debates about this during previous elections—officials across Government and local authorities are highly attuned to the implications of state threat interference in democracy and when it comes to cyber. That is why across the whole of Government there is such extensive work on systematic integration and co-operation to ensure that institutions of the state are protected from hostile state interference.

[Mr Speaker]

We now come to Dr Julian Lewis, Chair of the Intelligence and Security Committee.

[Dr Julian Lewis (New Forest East) (Con)]

My right hon. Friend the Home Secretary will undoubtedly be aware of the important distinction between agents of influence or covert propagandists, and espionage agents or spies. In her statement she referred to new national security legislation. In precisely what areas does she anticipate that new legislation interfering in the activities of agents of influence and of espionage agents?

[Priti Patel]

My right hon. Friend has made an important point. In my statement I also alluded to the fact that, when it comes to interference and influence, there are so many facets, including in commercial and economic life. Those are the strands that we are pulling together—in fact the Security Minister, other colleagues across Government and I are developing that legislation so that we can close down that permissive environment and space where, frankly, there has been too much exploitation in the past.

[Mr Speaker]

I call the SNP spokesperson, Stuart C. McDonald.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

I thank you for your letter, Mr Speaker, and the Home Secretary for advance sight of her statement. I join her in paying tribute to the work of our security and intelligence agencies and I agree with her that it is appalling that such activities have been ongoing for a number of years. Will she say a little about why the alert is happening now if the activity has been going on for a number of years? Will she address any concerns that the alert came later than it had to come?

I also welcome the prospect of a refresh of some of our national security legislation. We will work constructively on that, but will the Home Secretary confirm when we will see that legislation? Will the remaining recommendations from the Intelligence and Security Committee report be fully implemented?

In her statement, the Home Secretary said that malign actors are operating covertly and below current criminal thresholds. Is it her view that those thresholds have to change?

Finally, the Home Secretary talked about making the rules around foreign money tougher. What about the millions of pounds of donations received by political parties, particularly the Conservative party, from unincorporated associations—a type of body that the Committee on Standards in Public Life warned was

“a route for foreign money to influence UK elections”?

Will that be stopped?

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[Priti Patel]

My hon. Friend robustly makes her point. She will have heard in my statement about the issue with the CPS, the approaches that it takes and the criminal threshold. There are ongoing investigations that I cannot comment on, but a review of criminal thresholds will take place, because we need to see action taken against individuals who undermine our democracy.

[Mr Speaker]

I would like to add that, quite rightly, we will work closely, between the Home Secretary, the services and this House, to ensure that Members are kept safe and that we put the right protection in place. I also stress from this Chair that I think the sanctions against Members of this House and of the other House are wrong, and the time has come for China to lift them. The sooner it does that, the sooner trust can be rebuilt. While they exist, however, trust will always begin to fail.

Asylum Seeker Accommodation: RAF Manston

Lindsay Hoyle Excerpts

Wednesday 15th December 2021 Commons Chamber

[Mr Speaker]

I gave some leeway to the right hon. Member for North Thanet, because I knew how important it was—in case people are wondering why I allowed the urgent question to go beyond its normal time.

[Tom Pursglove]

I thank my right hon. Friend for his tone in raising this issue on behalf of his constituents, and I fully appreciate the sensitivities he has expressed. I know, not least because he chaired the Nationality and Borders Bill Committee, that he understands and appreciates the pressures that the Department and Government are currently experiencing in relation to the small boat challenge.

I appreciate that the current pressures are real and challenging for our staff on the ground, and we must be responsive to the issues and challenges they face in going about their work. Of course, this issue has come about directly in response to the high numbers of crossings we have seen, which have been so vivid, and about which I know people across our country are concerned. Safety is very much at the forefront of our consideration, not just for the arrivals, but for our staff in the way I have alluded.

My right hon. Friend has raised a number of points that I want to pick up in responding. It is fair to say that consultation is ongoing—I make the point again that we are having to respond to these challenges at pace—including with local authorities, the NHS, him as the constituency Member of Parliament and the police, for example. We have had to move at pace, and the most recent inspection confirms how important it is that we take the steps we are proposing. As I say, my officials spoke about our plans with local political leaders, their officials and the local police at the first opportunity, and they will continue to do so. I welcome their constructive engagement so far.

My right hon. Friend asked when activities at this facility will start. We are planning to have potential overspill facilities in place over the next few days. In terms of volumes, we will keep that under review. At the moment, we are assessing the capacity and capabilities of the site and what is appropriate to it, and there will of course be times when the site is empty, when crossings are not happening. He asked who will go there. This is an overspill site for Tug Haven and initial processing. We would expect men, women and children to go there as necessary, but for a maximum of five days. We will manage unaccompanied asylum-seeking children separately under the existing arrangements with social services.

My right hon. Friend asked whether this is a permanent arrangement. We will keep our use of the Manston site under review, but we expect to continue to use it for some time. He has suggested some alternatives. If he would like to share those details with me, I would be happy to take that away and look at what he is suggesting, but I go back to the key point in all of this, which is that the Government’s objective is to end these channel crossings. That is the objective we continue to work towards, and it is what the British people expect. We have a comprehensive plan of action—I have set it out many times in this House—for how we achieve that. Of course, getting that right means that there would not then be the need for facilities such as the one he has concerns about.

Nationality and Borders Bill

Lindsay Hoyle Excerpts

Report stage & 3rd reading
Wednesday 8th December 2021 Commons Chamber

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

I beg to move, That the clause be read a Second time.

[Mr Speaker]

With this it will be convenient to discuss the following:

New clause 6—Exemption for child victims of modern slavery, exploitation or trafficking—

‘(1) The Secretary of State may not serve a slavery or trafficking information notice on a person in respect of an incident or incidents which occurred when the person was aged under 18 years.

(2) Section 61 of this Act does not apply in cases where either of the positive reasonable grounds decisions related to an incident or incidents which occurred when the person was aged under 18 years.

(3) Section 62 of this Act does not apply in cases where the positive reasonable grounds decision related to an incident or incidents which occurred when the person was aged under 18 years.

(4) Sections 64(3) and 64(6) of this Act do not apply in cases where the positive conclusive grounds decision related to an incident or incidents which occurred when the person was aged under 18 years.’

This new clause would exempt victims of modern slavery, exploitation or trafficking from many of the provisions in Part 5 of the Bill if they were under 18 when they became a victim.

New clause 30—Victim Navigators—

‘(1) The Secretary of State must, within six months of the date of Royal Assent to this Act, make provisions for each police force in England and Wales to have one or more Independent Victim Navigators to liaise between the relevant police force and potential victims of slavery or human trafficking and to assist in the procurement of specialist advice for both the police force and the potential victim.

(2) Regulations under this section—

(a) shall be made by statutory instrument, and

(b) may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.’

This new clause seeks to introduce provisions for Independent Victim Navigators to be in operation on a national level, acting as a liaison between the police and potential victim of slavery or human trafficking in accessing the appropriate support.

New clause 39—Identified potential victims etc: disqualification from protection—

‘(1) This section applies to the construction and application of Article 13 of the Trafficking Convention.

(2) The competent authority may determine that it is not bound to observe the minimum recovery period under section 60(2) of this Act in respect of a person in relation to whom a positive reasonable grounds decision has been made, if the authority is satisfied that it is prevented from doing so—

(a) as a result of an immediate, genuine, present and serious threat to public order; or

(b) the person is claiming to be a victim of modern slavery improperly.

(3) Any determination made under subsection (2) must only be made—

(a) in exceptional circumstances;

(b) where necessary and proportionate to the threat posed; and

(c) following an assessment of all the circumstances of the case.

(4) A determination made under subsection (2) must not be made where it would breach—

(a) a person’s Human Rights Convention rights;

(b) the United Kingdom’s obligations under the Trafficking Convention; or

(c) the United Kingdom’s obligations under the Refugee Convention.

(5) For the purposes of a determination under subsection 2(b), victim status is being claimed improperly if the person knowingly and dishonestly makes a false statement without good reason, and intends by making the false statement to make a gain for themselves.

(6) A good reason for making a false statement includes, but is not limited to, circumstances where—

(a) the false statement is attributable to the person being or having been a victim of modern slavery; or

(b) where any means of trafficking were used to compel the person into making a false statement.

(7) This section does not apply where the person is under 18.

(8) Nothing in this section shall affect the application of section 60(3) of this Act.’

This new clause is an alternative to clause 62. It ensures that the power currently provided for in clause 62 is exercised in line with the UK’s obligations under Article 13 of the Trafficking Convention. This amendment also protects child victims of modern slavery from disqualification from protection.

New clause 43—Civil legal aid under section 9 of LASPO: add-on services in relation to the national referral mechanism—

‘(1) Part 1 of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (civil legal services qualifying for legal aid) is amended as follows.

(2) After paragraph 32A (Victims of slavery, servitude or forced or compulsory labour) insert—

“Pre-National Referral Mechanism advice

32B (1) Civil legal services provided to an individual in relation to referral into the national referral mechanism and connected immigration advice.

General exclusions

(3) Sub-paragraph (1) is subject to the exclusions in Part 2 of this Schedule.

Specific exclusions

(4) The civil legal services described in sub-paragraph (1) do not include—

(a) advocacy, or

(b) attendance at an interview conducted by the competent authority under the national referral mechanism for the purposes of a reasonable grounds decision or a conclusive grounds decision.

(5) In regulation 5(1) of the Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013 (S.I. 2013/480) (exceptions from requirement to make a determination in respect of an individual’s financial resources), after paragraph (l), insert—

“(m) civil legal services described in paragraph 32B of Part 1 of Schedule 1 to the Act (Civil legal services provided to an individual in relation to referral into the national referral mechanism).”’

New clause 47—Support and leave to remain for confirmed victims of slavery or human trafficking—

‘This section applies if a positive conclusive grounds decision is made in respect of a person.

(1) This subsection applies if the person has received support under section 50A of the Modern Slavery Act 2015—

(a) assistance and support must be provided for at least 12 months beginning on the day on which support provided under section 50A ends,

(b) where assistance and support is provided to a person under this subsection the Secretary of State must consider whether it is necessary for the victim’s physical, psychological and social recovery or to prevent re-trafficking to provide assistance and support after the end of the period in subsection (2)(a) for as long as they think appropriate,

(c) a decision whether to provide assistance and support in accordance with subsection (2)(b) must be made at least four weeks before the end of the assistance and support provided under subsection (2)(a),

(d) a reference in this subsection to assistance and support has the same meaning as in section 50A(7) of the Modern Slavery Act 2015.

(2) This subsection applies if the person is not a British citizen—

(a) the Secretary of State must give the person leave to remain in the United Kingdom if subsection (2) or (4) or (5) applies,

(b) leave to remain provided under this subsection shall be provided from the day on which the positive conclusive grounds decision is communicated to a person for either—

(i) the amount of time support and assistance will be provided under either subsection (2) or one of the measures listed in subsection (4), or

(ii) at least 12 months if the person meets one or more of the criteria in subsection (5).

(3) This subsection applies if the person receives support and assistance under one of the following—

(a) section 18(9) of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2 (N.I.)),

(b) section 9(3)(c) of the Human Trafficking and Exploitation (Scotland) Act 2015 (asp 12), or

(c) regulation 3(4)(c) of the Human Trafficking and Exploitation (Scotland) Act 2015 (Support for Victims) Regulations 2018 (S.S.I 2018/90).

(4) This subsection applies if the person meets one or more of the following criteria—

(a) leave is necessary due to the person’s circumstances, including but not restricted to—

(i) the needs of that person for safety and protection from harm including protection from re-trafficking,

(ii) the needs of that person for medical and psychological treatment,

(b) the person is participating as a witness in criminal proceedings,

(c) the person is bringing any civil proceedings including pursuing compensation.

(5) Where the person is receiving assistance from a support worker the recommendations of the support worker must be considered in assessing that person’s circumstances under subsection (5)(a).

(6) The Secretary of State must provide for persons granted leave to remain in accordance with this section to have recourse to public funds for the duration of the period of leave.

(7) The Secretary of State must allow a grant of leave to remain under subsection (3) to be extended subject to the requirements of subsection (9).

(8) In determining whether to extend a grant of leave to remain under subsection (8), and the period of time for which such extended leave should be provided, the person’s individual circumstances must be considered, and whether that person—

(a) is receiving on-going support and assistance under the measures set out in either subsection (2) or subsection (4), or

(b) meets one or more of the criteria in subsection (5).

(9) If the Secretary of State is satisfied that the person is a threat to public order—

(a) the Secretary of State is not required to give the person leave under this section, and

(b) if such leave has already been given to the person, it may be revoked.

(10) In this section, if the person is aged below 18 years of age, the best interests of the child must be taken into consideration in accordance with section 55 of the Borders, Citizenship and Immigration Act 2009.

(11) In this section—

“positive conclusive grounds decision” means a decision made by a competent authority that a person is a victim of slavery or human trafficking;

“threat to public order” has the same meaning as subsections (3) to (7) of section 62.

(12) This section is to be treated for the purposes of section 3 of the Immigration Act 1971 as if it were provision made by that Act.’

This new clause would provide new statutory support for victims in England and Wales after a conclusive grounds decisions. It would provide leave to remain for all victims with a positive conclusive grounds decision for at least 12 months to receive support, assist police with their enquiries or seek compensation.

Amendment 127, page 57, line 3 leave out clause 57.

Amendment 128, page 57, line 25 leave out clause 58.

Amendment 5, in clause 58, page 57, line 41, at end insert—

‘(5) The provision of relevant status information identifying a person as a likely victim of human trafficking for sexual services shall constitute a “good reason” for the purposes of this section.’

This amendment would mean that the credibility of victims of human trafficking for sexual services would not be called into question by reason of the late provision of information relating to that fact.

Amendment 6, in clause 58, page 57, line 41, at end insert—

‘(5) Subsection (2) does not apply where the person is a victim of trafficking for the purposes of forced prostitution.

(6) For the purposes of subsection (5) the person may be considered a victim of trafficking for the purposes of forced prostitution if there is evidence that the person—

(a) has been transported from one location to another on a daily basis;

(b) bears signs of physical abuse including but not limited to—

(i) branding;

(ii) bruising;

(iii) scarring;

(iv) burns; or

(v) tattoos indicating gang membership;

(c) lacks access to their own earnings, such as by having no bank account in their own name;

(d) has limited to no English language skills, or only such language skills as pertain to sexualised acts;

(e) lives or stays at the same address as person(s) meeting the criteria in paragraphs (a) to (d);

(f) sleeps in the premises in which they work.’

Under this amendment, late provision of relevant status information would not be taken as damaging the credibility of the person providing the information if that person were a victim of trafficking for the purposes of forced prostitution.

Amendment 7, in clause 59, page 58, line 5, at end insert—

‘(za) at the end of paragraph (a) insert—

“(aa) the sorts of things which indicate that a person may be a victim of human trafficking for sexual services;”.’

This amendment would require the Secretary of State to issue specific guidance on the sorts of things which indicate that a person may be a victim of human trafficking for sexual services.

Government amendments 64 to 69.

Amendment 3, page 59, line 39, leave out clause 62.

This amendment would remove clause 62, which excludes potential modern slavery victims from protection in certain circumstances.

Government amendments 70 to 75.

Amendment 149, page 62, line 18, leave out clause 64.

This amendment is consequential on NC47.

Government amendments 78, 76, 77 and 79 to 83.

Amendment 130, page 63, line 26, leave out clause 65.

This amendment is consequential on NC43.

Amendment 131, page 66, line 1, leave out clause 66.

This amendment is contingent on NC43, Clause 66 would no longer be required if NC43 is agreed to.

Amendment 148, page 66, line 33, leave out clause 67.

Government amendment 84.

Amendment 129, in clause 81, page 79, line 15, at end insert—

‘(6) Part 4 (age assessments) and part 5 (modern slavery) only extend to Scotland to the extent that a motion has been approved by the Scottish Parliament, bringing them into force in Scotland.’

Under this amendment, Parts 4 and 5 of the Bill would not enter into force in Scotland until the Scottish Parliament had given its consent.

Government amendments 85 to 90.

Amendment 16, in clause 82, page 80, line 3, at end insert—

‘(5) Sections [Time limit on immigration detention], [Initial detention: criteria and duration] and [Bail hearings] come into force six months after the day on which this Act is passed.’

This amendment would bring NC15-NC17 into force six months after the day on which the Bill is passed.

[Dame Diana Johnson]

I rise to speak to new clause 3, which would put into law a specific offence for trafficking for the purposes of sexual exploitation. We know that serious organised crime networks are deeply involved in this trade in human misery. I thank Kat Banyard at UK Feminista and Tom Farr at CEASE—the Centre to End All Sexual Exploitation—UK, who have helped to draft new clause 3, and the Humber Modern Slavery Partnership at the Wilberforce Institute in Hull for all its help.

Although the Modern Slavery Act 2015 covers exploitation broadly, the catastrophically high number of women and girls trafficked into the UK for the sex industry means that it merits a specific offence. The latest figures from the national referral mechanism show that 60% of women and girls who were identified as potential victims in the past year were trafficked for purposes including sexual exploitation. In 2020, 94 women and 624 girls were trafficked and sexually exploited. These women need specific and targeted protection.

New clause 3 would ensure that the link between human trafficking and sexual exploitation is acknowledged. It would aid efforts to combat the scourge of human trafficking and broader violence against women and girls by providing a framework that would ensure that the authorities respond to individuals who may have been previously viewed as criminals as though they are, in fact, victims of sexual exploitation.

I also want to speak to amendments 5 to 7, which focus on stopping late disclosure affecting credibility and providing guidance to help the relevant authorities to identify victims. Andrew Smith of the Humber Modern Slavery Partnership, an experienced practitioner, told me:

“We know there are various reasons why we might see late disclosure by victims of sexual exploitation and trafficking. Victims may not identify as victims first and foremost, it can be only when a person is removed from the exploitative environment that they understand they were in fact being abused and exploited.”

And yet, the Bill proposes a time limit on disclosure.

The Modern Slavery Policy Unit, co-led by Justice and Care UK and the Centre for Social Justice, stated:

“Presuming late disclosure of modern slavery damages credibility will create barriers to effective identification and engagement with victims.”

The Bill, as it stands, will make identifying and assisting victims of human trafficking more difficult.

Amendment 5 would stop late disclosure affecting the credibility of a claim of being trafficked for the purpose of sexual exploitation. The Home Office’s modern slavery statutory guidance states:

“Victims’ early accounts may be affected by the impact of trauma. This can result in delayed disclosure, difficulty recalling facts, or symptoms of post-traumatic stress disorder. Victims may also be reluctant to self-identify for a number of other reasons that can make understanding their experiences challenging.”

This amendment acknowledges Home Office guidance by ensuring that late disclosure does not damage credibility.

Amendment 6 sets out how a person who makes a late disclosure might be better identified by any relevant authority.

--- Later in debate ---

[Jeremy Corbyn (Islington North) (Ind)]

The right hon. Gentleman is making a very strong point. Is it not one of the problems that victims of any kind of slavery are inevitably isolated, frightened and often unable even to leave the property, factory or home where they are working? They do not necessarily know where to go and, if the local police are not attuned to the problem, they get no help there. They are then completely stuck and in a very dangerous and vulnerable situation. Is there not an issue of both police training and convincing local authorities and all other public services that they have to be attuned to the desperation these people face, rather than the danger of prosecution for what could be—

[Mr Speaker]

Order. All I can say is that I have the greatest respect for the right hon. Gentleman, and if he wants to speak I have plenty of room on the list. Save your speech to read shortly, if you want to.

[Sir Iain Duncan Smith]

I am grateful to you for clarifying, Mr Speaker.

I will just say to the right hon. Gentleman that of course he is right, and it is important for us to understand that this is an issue not of asylum or migration but decency. He will know—even if he does not, I am going to say it to the House—that a significant chunk of those who are now part of the modern-day slavery ghastliness emanate from the UK. It is important that local authorities and others understand that they are looking not just for people who are trafficked in, but for those being trafficked within the UK. That is an important point. I agree with him, and the point of today’s debate is to try to raise that issue.

--- Later in debate ---

[Sir Iain Duncan Smith]

You would call me out straightaway, Mr Speaker, if I went so far as to enter into another debate. Tempting though the offer is from my right hon. Friend—I call him that because of the time we spent in government together, and because we agree on so many issues—he will, I am sure, forgive me if I say that I am not yet aware of any Bill that is due to come before us. I will leave it there.

The Government have recognised victims’ need for stability and consistency in the support that they receive. That is a good move, and I thank them for it. I welcome the intention to provide a guaranteed 12-month minimum period of tailored support for all confirmed victims; that is particularly important. I ask the Under-Secretary of State for the Home Department, my hon. Friend the Member for Redditch (Rachel Maclean), to bear in mind, when she rises to sum up the debate, that—as I have already said to you, Mr Speaker—I intend to press the new clause to a Division unless the Government make it clear that they have listened very carefully to this and other debates on the subject. The minimum guarantee will serve as a major stabiliser. If the Government are prepared to accept that, and perhaps table an amendment in another place, I shall be prepared to wait and see what happens.

I also welcome the Government’s commitment to considering how best to support victims through the criminal justice process. They need to be serious about that, and I hope to hear a clear statement that modification and improvement are required. There remain concerns about the current restriction of support to

“needs arising from exploitation criteria”,

and the Government will need to deal with that as well.

Let me end by saying that we must separate the concept of modern day slavery from the rows about asylum seeking. Many people come over here with good cause; I personally do not blame those who are fleeing for economic reasons when things are desperate. I accept that we must have rules and restrictions, but I ask the Government to consider those who have been trafficked, those who are being persecuted, and those who are being used for the purpose of sexual or any other exploitation.

When I was at the Department for Work and Pensions, we knew that gangs were getting women in particular over here, giving in their names to claim benefit, and then pushing them into brothels and other places. That is what we want to stop. We want to stamp out the exploitation of women, and men, against their will, both at home and as a result of their being trafficked into the UK. If the Minister can give me, and the House, an assurance that she gets this, and that the Government—my Government—are prepared to make the 12 months a de minimis and to look carefully at how the support can be given and how people can be protected through this process after they go through the NRM, I may feel inclined not to press the new clause.

[Mr Speaker]

I call the shadow Minister, Holly Lynch.

[Holly Lynch (Halifax) (Lab)]

Thank you, Mr Speaker.

It is a genuine pleasure to follow the powerful contribution from the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith). I will come to the merits of his new clause, but let me start by congratulating my right hon. Friend the Member for Kingston upon Hull North (Dame Diana Johnson) not just on the new clause and amendments that she has tabled, but on receiving her damehood at Windsor Castle yesterday. There could be no more fitting tribute in recognition of her services to politics and her community, and I was delighted to see her collect that recognition yesterday.

We have grave concerns about part 5 of the Bill, which would introduce detrimental changes in modern slavery provisions and the national referral mechanism. New clause 3, tabled by my right hon. Friend, has our backing for all the reasons that she outlined. I would struggle to find a more heinous crime than moving another human being across borders, or across the country, in order to force them to have sex and for their abuser to make a profit. Given the utterly depressing rises in this type of criminality and exploitation, my right hon. Friend will have our full support if she is minded to press the new clause to a vote.

Provisions in part 5 will make it harder to identify, safeguard and support victims of modern slavery in securing prosecutions against their abusers. Our new clause 6 will ensure that no child victim of trafficking or modern slavery is denied protection because of those provisions. The new clause follows the many battles that we had in Committee in calling on the Government to hear the pleas of organisations such as The Children’s Society and Every Child Protected Against Trafficking, and those of the Independent Anti-Slavery Commissioner, Dame Sara Thornton, and to recognise the vulnerability of child victims of trafficking and modern slavery, something that they have failed to do throughout the Bill’s passage so far.

The Government have sought to suggest that a fear of the national referral mechanism being abused warrants the introduction of barriers to accessing it. I remind them that the Home Office’s own statistics show that, of the 10,613 potential victims of modern slavery referred to the NRM last year, 47% were children. There was a 10% increase in the number of child referrals last year, and the single biggest type of exploitation was criminal exploitation. The Home Office’s own publication states:

“For those exploited as children, an increase in the identification of ‘county lines’ cases has partially driven the rise in the number of cases categorised within the ‘criminal exploitation’ category, with 40% of all child referrals for criminal exploitation being flagged as county lines.”

It is clear that children who are the victims of vicious county lines gangs will be among those most detrimentally affected by these changes. Just this week, we heard that the Government were getting tough on county lines gangs, but if they pass these proposals today unamended, child victims trapped by those gangs will be met with unnecessary barriers to both freedom and justice.

Channel Crossings in Small Boats

Lindsay Hoyle Excerpts

Monday 22nd November 2021 Commons Chamber

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

Nobody wants to see people risking their lives in crossing the channel, but it is time for the Government to swap sensationalist rhetoric and barbaric Bills for evidence-based policy. The fact is that a significant majority of these people are likely refugees—Home Office officials have previously acknowledged that and so should the Home Secretary. Regardless of whether they are or not, these people should be treated decently and fairly, not criminalised, offshored or warehoused. The Home Secretary’s Bill is picking on asylum seekers instead of people smugglers—it is desperate stuff. There is no silver bullet, but we need co-operation with our neighbours to tackle smugglers and a two-way transfer agreement that allows for families to be reunited here, as well as for removals, where appropriate and lawful. In other words, we need to fix the problems that Brexit has caused. The Brexiteers have made their bed and they should lie in it. The Government cannot legislate their way out of this. We know already that inadmissibility rules have made things worse, not better. We know that offshoring will cost a fortune, will not work, and will destroy lives and any credibility that the UK has left—[Interruption.]

[Mr Speaker]

Order. Mr Gullis, you have been catching my eye far too often. If you don’t behave, I’ll have a word with your mother.

[Stuart C. McDonald]

I am grateful to you, Mr Speaker, as that gives me the chance to repeat that we know already that offshoring will cost a fortune, will not work, and will destroy lives and any credibility that the UK has left. So it is time for the Government to ditch the criminalisation and the other cloud cuckoo policies that the Home Secretary’s own civil servants are criticising, and start working with the United Nations High Commissioner for Refugees and the independent inspector of borders, with their real-world, evidence-based and lawful recommendations.