Illegal Migration Bill

Debate between Lord Alton of Liverpool and Lord Morrow

Committee stage
Monday 5th June 2023 Lords Chamber

[Lord Alton of Liverpool (CB)]

My Lords, the noble Lord, Lord Bach, referred to the effects on the modern slavery legislation. In a sense, just as the noble Lord, Lord Carlile, talked about this being an ouster of judicial review, so, in some respects, it is an ouster of the Modern Slavery Act 2018 as well. Why is this necessary? The Home Secretary says that the system is being abused, to justify removal of the protections for victims of trafficking and modern slavery. In response to that, both Sir Iain Duncan Smith MP, former leader of the Conservative Party, and Theresa May, former Prime Minister, have said in terms that there is no evidence to justify that claim. That is why it is right that the noble Lord, Lord Hunt of Kings Heath, has moved this amendment. He made a terrific speech and I fully endorse and support everything he said.

The amendment seeks to amend the Bill so that potential and recognised victims of trafficking will not be detained or removed before they get the opportunity to submit an application to the national referral mechanism and have it considered. I ask the Minister for one potential exception: if he cannot accept the amendment that has been moved by the noble Lord then, reverting to the previous group of amendments, what about the situation of children in those circumstances? Are they going to be included in a catch-all, or will the Minister accept that there should at least be an exemption for them?

My noble friend Lord Anderson talked about the anticipated report of the Joint Committee on Human Rights. I do not think he will have long to wait for that, but what are already available are the statements given to that committee in public evidence sessions. I was very struck by one, and there is an echo here of something that my noble friend Lord Carlile referred to earlier, which is the personal effects on individuals. We heard in camera from a young woman who had been trafficked into this country and used by a family from the Middle East literally as a modern-day slave. She escaped and managed, dressed just in nightclothes, to find her way to central London where, in Piccadilly Circus, she was helped by a volunteer who introduced her to other members of the Filipino community. I am happy to say that she has been able to make a life for herself as a result of a referral to the national referral mechanism. Take that away from people and what opportunity will they have to make good lives for themselves or to have any kind of safety? At least let us have a disapplication for children and give them the opportunity to be referred through the national referral mechanism.

Finally, since I said I would try to be brief and concise, I would be interested to hear whether the Minister has had a careful look at the Council of Europe Convention on Action against Trafficking and the obligations we are signed up to. Does he recognise the view that has been expressed by many who know far more about this than I do that we will be in breach of ECAT if this goes through in its present form, and also that we are likely to be in breach of Article 4 of the ECHR in its prohibition on slavery? Are those questions that the Minister and his officials are looking at seriously? Have they attached sufficient weight to them? What is his view about the exemption of children?

[Lord Morrow (DUP)]

My Lords, I shall speak briefly to Amendment 19A in the name of the noble Lord, Lord Hunt, and congratulate him on a very informative and excellent speech. I said at Second Reading that the Bill

“should exclude those who are already subjected to abuse through the heinous crime of modern slavery”

and quoted the former Prime Minister, who had said in the other place:

“It has always been important to separate modern slavery from immigration status”.—[Official Report, Commons, 26/4/23; col. 809.]


I said that the Bill was

“using a sledgehammer to crack a nut”—[Official Report, 10/5/23; col. 1902.]

and that remains my position today.

We know that genuine victims will be penalised through the Bill. There are many amendments tabled, either to mitigate the harm, or to seek much more analysis before Clauses 21 to 28 can come into effect. Those will be debated in a later group, and I hope to speak then too. However, Amendment 19A gets straight to the heart of the matter. Clause 4(1)(c) says that the duties to remove people who have arrived by irregular means should apply regardless of whether a person claims to be a victim of modern slavery. Amendment 19A would remove that presumption.

We should be debating whether modern slavery victims should be within the scope of the Bill because that question speaks to our values and our international obligations. Our long-held values have said that these individuals need safeguarding, not penalising. The UK has been seen as a leading light in how it has responded to human trafficking. This Bill would take us significantly down the league table. Overnight, our world-leading reputation has been tarnished because we have decided that to stop the few, our obligations to the majority should cease.

I am sure the Minister will tell us that the Government recognise that these are exceptional circumstances and for that reason have included a sunset clause. Lest we should be reassured by that, let us consider, first, that the sunset clause can be extended. Secondly, in the meantime, thousands of victims will not get support, and will be detained and removed. One of the Council of Europe’s committees said that the Bill endangered victims. We are endorsing that as acceptable. Thirdly, our Article 4 obligations under the European Convention on Human Rights include

“a legislative and administrative framework to prevent and punish trafficking and to protect victims”.

Article 15 makes it clear there is no derogation from this requirement in a time of emergency. But that is what the Government are arguing—that “exceptional circumstances” allow us to wipe away the protections that are in place across the UK for these exploited individuals.

It is no wonder that there are serious doubts about the UK meeting its international obligations. I urge the Government to heed the warnings and rethink, and I commend the amendment of noble Lord, Lord Hunt, to the Committee.

Nationality and Borders Bill

Debate between Lord Alton of Liverpool and Lord Morrow

Consideration of Commons amendments
Monday 4th April 2022 Lords Chamber

[Lord Alton of Liverpool (CB)]

My Lord, as a trustee of the Arise Foundation, a charity that works with people who are victims of human trafficking or modern-day slavery, I have certainly seen at first hand some of the examples that the noble Lord, Lord McColl, outlined to the House tonight. Indeed, in Committee and on Report I was privileged to be a signatory to the amendments that he laid before your Lordships’ House. This evening I will briefly support Amendment 26B, because I believe that he is right that guidance alone is not enough and that something has to be placed on a statutory basis.

I also agree with what the noble Baroness, Lady Hamwee, said in her remarks about Part 5. It has no place in this Bill at all. It should not be in this Bill—it should have been exorcised much earlier. I think all of us have a great sense of regret that it is still there this evening, even more so when we consider that there is a new Act of Parliament waiting in the wings—we are going to get new legislation on this issue. How much better it would be if we did what the noble Lord, Lord Horam, said to us earlier this evening and went through the normal process of consultation with the equivalent of Green Papers and White Papers, and saw the debates we have been having on this part of the legislation as something to prepare us for that legislation when it is laid before your Lordships’ House. It is putting the cart before the horse. The Government have said in their most recent Bill fact sheet on modern-day slavery that they recognise that

“victims of modern slavery may have had periods of high vulnerability and … multiple, complex needs”

or

“experience multiple forms of exploitation at different points in time”.

If that is so—I believe it is—we need the amendment in the name of the noble Lord, Lord McColl.

[Lord Morrow (DUP)]

My Lords, I too rise this evening to speak in support of the Motion in the name of the noble Lord, Lord McColl. I fully supported his Amendment 26 last month and will continue to support him in his work to ensure that victims of modern slavery are given the practical care they need to begin to recover from their abuse.

I am pleased to support his Amendment 26B in lieu, as it is similar to a provision agreed by the Northern Ireland Assembly a few weeks ago to give confirmed victims long-term support. I am proud to say that the Assembly is once again leading the way—it does not always do that—on support for victims, as it did in 2015 when my Private Member’s Bill became the first comprehensive human trafficking legislation in any region of the United Kingdom.

As the noble Lord, Lord McColl, rightly pointed out, this proposal for long-term support in England and Wales is not a new commitment that the Government do not support. They have made it clear they do—but they are not willing to go beyond guidance. I urge the Minister to reconsider. I hope the Government will support the noble Lord’s amendment and not see England and Wales fall behind again.

I put on record my disappointment that the Government have not been willing to move on leave to remain for victims who are not British citizens and who do not have secure immigration status. The intention of Amendment 26 was that victims who are eligible for long-term support would be given temporary leave to remain to ensure that they could remain in the UK to access this support to help them recover from their exploitation, to prevent their retrafficking, and for them to co-operate with police and prosecutors. The need for that leave to remain has come into even clearer focus for victims in Northern Ireland who will now be able to get longer-term support but might not be able to remain in the country to receive it. I hope your Lordships’ House will return to this issue and not forget the needs of victims of exploitation for security and certainty for their recovery. In the meantime, I shall support the noble Lord’s amendment if it is pressed this evening.

Nationality and Borders Bill

Debate between Lord Alton of Liverpool and Lord Morrow

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

[Lord Alton of Liverpool (CB)]

My Lords, with his usual clarity, the noble Lord, Lord McColl, has introduced his amendments to Clauses 63 and 64. I regard it as one of the privileges of serving in your Lordships’ House to have become a friend of the noble Lord, Lord McColl, over these last 20 years. I not only deeply admire everything he has done on the issue of human trafficking but have seen first-hand some of the extraordinary work he has done with Mercy Ships, where he has given so much of his life and time as a notable surgeon. I have no hesitation today in echoing the remarks he has made to your Lordships’ Committee. I am not sure I can echo the Zulu remarks he quoted, but I think Nelson Mandela once quoted a Zulu saying about “ubuntu”, meaning “brotherhood”, that

“we are only people because of other people.”

In many respects, that goes to the heart of what we are trying to express in these debates and amendments today.

Statutory support for victims in England and Wales during the time they are in the national referral mechanism—the recovery period—which was the subject of Amendments 156A and 156B, which I spoke to earlier, is long overdue. We are seven years behind Northern Ireland and Scotland, and I welcome the Government catching up with the rest of the UK. I would like to say with the noble Lord, Lord Morrow, in hearing distance that I deeply admire what he managed to achieve in Northern Ireland, and I look forward to hearing what he has to say about his Amendment 171B, which, again, I associate myself with. Indeed, I support all the amendments in this group.

I draw the Committee’s attention to the current version of the statutory guidance on victim support in England and Wales, which says:

“The Modern Slavery Victim Care Contract operates as a bridge, to lift adult victims out of a situation of exploitation and to set them on a pathway to rebuilding their lives. As such, it is important that no support provided through the Modern Slavery Victim Care Contract prevents potential victims or victims from accessing support they would otherwise be entitled to receive.”


The statement about what a victim is entitled to receive goes straight to the heart of Amendments 169A and 170A.

Under the Bill, what do the Government intend to provide in terms of support? The noble Lord, Lord McColl, said that without support, the Bill simply becomes a mirage—a good metaphor to use. What are the Government going to do to provide support during the recovery period? Will the support be in line with Article 12 of the European convention? Both Ministers talked earlier about the importance of compatibility in these areas. But, as the noble Baroness, Lady Ludford, said, we seem to pick and choose what we want to have compatibility with and what we do not.

The frequently referred to and admirable Joint Committee on Human Rights recently published its review of Part 5 and highlighted that

“clause 63 (new section 50A MSA) does not specify details as to what ‘any necessary assistance and support’ should include, leading to some ambiguity”—

a word I referenced earlier in connection with being in good faith—

“as to whether clause 63 (new section 50A MSA) will indeed adequately give effect to the UK’s obligations under Article 12 ECAT to provide the types of assistance specified in that Article.”


It is worth recording in Hansard what the Committee said:

“The Secretary of State should confirm whether ‘necessary assistance and support’ will include all of the types of assistance listed in Article 12 ECAT”.


We will all listen closely to the Minister’s response to these amendments and specifically on that point about whether the support will be in line with Article 12 of the European convention.

I have also co-signed Amendment 170. As I have already said, the stated objective of the Government’s support to victims is

“to lift adult victims out of a situation of exploitation and to set them on a pathway to rebuilding their lives.”

Who could disagree with that? All the evidence from those working with victims is that this goal is far from completed when a person is confirmed as a victim of modern slavery by the Government. To continue on the pathway to recovery, as the Government themselves have acknowledged, a victim needs much longer support.

The noble Lord, Lord McColl, has been making that case for many years in your Lordships’ House and I have been happy on previous occasions to give him support. 1am glad that he has taken the opportunity provided by the Bill today. If the Minister cannot agree to incorporate this now, will he tell the noble Lord, Lord McColl, and Members of your Lordships’ Committee that, when the putative legislation that was referred to earlier in this area is brought forward, it will at least be attended to then? I am glad that the Government have recognised the need, but they should now act to bring their commitment into a concrete reality.

I also want to touch briefly on the amendments to Clause 64 in the name of the noble Lord, Lord McColl, which seek to give victims who are eligible for support leave to remain. It is not just the right thing to do for these individuals, it makes policy sense to ensure that we are able to bring perpetrators to justice. It has been said again and again, by the noble Lord, Lord Coaker, the noble Baroness, Lady Hamwee, and others who have re-emphasised this throughout today’s debate. Without evidence from victims, cases are much harder to prosecute. Here is an interesting point: it also makes economic sense.

A 2019 report from the University of Nottingham, which the noble Lord, Lord Coaker, will be well aware of, on an earlier version of the Modern Slavery (Victim Support) Bill introduced by the noble Lord, Lord McColl of Dulwich, showed that his Bill was “value for money”. I hope that the Minister’s officials have drawn that report to his attention, so I ask him: why would the Government not support the amendments in the name of the noble Lord, Lord McColl, and give this vital support to victims of modern slavery?

[Lord Morrow (DUP)]

My Lords, I thank the noble Lord, Lord Alton, for his kind remarks. For victims of modern slavery, escaping from their exploitation is only the beginning of their journey towards recovery. I will direct my remarks today to Amendment 171B in my name, which would assist victims on this journey.

I have been astounded by the individuals whom I have come across over the years, particularly those who I had the privilege of meeting during the passage of my Private Member’s Bill in the Northern Ireland Assembly who have been victims of modern slavery in this country. These victims have experienced extreme exploitation and abuse in this country yet have shown commendable fortitude and strength in their determination to recover from their ordeal. When I consider Part 5, and in particular Clause 64, it is those individuals I think of. It concerns me that Clause 64, if unamended, will make the leave to remain criteria narrower and, in doing so, make vital support for survivors even more inaccessible.

Clause 64 will impact victims of modern slavery across the UK, yet there has been no impact assessment published to date—at least, I have not had sight of it—on how many victims will be granted leave to remain under the Bill, compared to the current numbers. I hope the Minister can address why this is the case and provide a timeframe for when we can expect to see one.

Previously, I had the opportunity to meet Anna, a young Romanian girl who was kidnapped here in London, trafficked to Galway and then moved to Belfast to be sold into the sex trade. This young girl was moved from pillar to post, to be exploited in one place then another. The only consistency she knew was exploitation. When victims like Anna escape from their situations of exploitation, they need stability and certainty as they start their recovery and begin to work through their trauma.

I am concerned that whilst Clause 64 puts discretionary leave to remain measures on a statutory footing, in the process of doing so the Government have made the criteria much narrower than current guidance. In particular, Clause 64(4) would prevent leave to remain being granted to a confirmed victim on the grounds of their need for support for their recovery, if they could receive that support elsewhere—even when the alternative country is not a signatory to the European trafficking convention. The Government have also not set out which countries without ECAT would be acceptable. This restriction is likely to affect EU citizens who have recently become entitled to automatic consideration for discretionary leave if they have no other right to remain, since the Secretary of State is likely to argue that these citizens could receive support within the EU. It sounds very much as if the Government are unfairly trying to skirt their moral duties and responsibilities to these victims. This goes to the point that, contrary to what the Government have said, this Bill is not fair for victims of modern slavery.

Amendment 171B in my name would ensure greater stability by removing the criteria of not granting leave to remain if assistance could be provided or compensation sought in another country. Without this amendment victims such as Anna, upon exiting their situation of exploitation, could find themselves without leave to remain and instead relocated to another country where they may not know anybody, speak the language or understand the customs. This will be disorientating, unsettling and frightening, and it will compound their vulnerability to re-trafficking.

I agree with the noble Lord, Lord McColl, and Sir lain Duncan Smith MP in the other place on the need for 12 months’ leave to remain to ensure that all confirmed victims can receive support, as proposed in the noble Lord’s Modern Slavery (Victim Support) Bill. I put on record my support for Amendments 170B and 171A in the name of the noble Lord. While Amendment 170 to Clause 63 in the noble Lord’s name applies only to England and Wales, I am pleased to see that steps are being taken to provide statutory support to confirmed victims in Northern Ireland. Through Section 18(9) of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015, statutory support is already available to victims with a positive conclusive grounds decision on a discretionary basis.