Modern Slavery Bill

Lord Bates Excerpts

Monday 17th November 2014 Lords Chamber

Moved by

[Lord Bates]

That the Bill be read a second time.

[Lord Bates]

My Lords, in few other crimes are human beings used as commodities for the personal gain of others as they are in the appalling crime of modern slavery. Men, women and children, British and foreign nationals, suffer a life of servitude and abuse: women forced into prostitution and denied their liberty; children trafficked and sexually exploited for profit; vulnerable men tricked into brutal and inhumane labour; and, throughout, accounts of sexual violence, beatings, humiliation, hunger and mental torture.

Modern slavery is a crime taking place, hidden from view, across Britain today. I am sure the House will agree that it should be consigned to history. That is the purpose of the Modern Slavery Bill—the first of its kind in Europe—which we will discuss in your Lordships’ House today. Having looked down the list of speakers, I am sure that your Lordships are particularly looking forward to the maiden speeches of the noble Lord, Lord Cashman, and the noble Baronesses, Lady Chisholm and Lady Mobarik. This will be an important step towards achieving that goal. It will ensure that we can effectively prosecute perpetrators, properly punish offenders and help prevent more crimes from taking place. It will enhance protection and support for the victims of these dreadful crimes. It will encourage business to take action to eliminate modern slavery from the global supply chains involved in providing goods and services to British consumers. Of course, tackling modern slavery will require more than legislation alone. It will take a determined and focused law enforcement response, greater awareness among front-line professionals, co-ordinated police action internationally, close working with business, and the support of communities, charities and faith groups.

In bringing the Bill forward, I pay tribute to all those who have campaigned tirelessly over recent years to bring this largely hidden crime into the light. I am particularly grateful to noble Lords who sat on the pre-legislative scrutiny committee. This committee held an intensive and thorough inquiry. I pay tribute in particular to the noble and learned Baroness, Lady Butler-Sloss, for her leadership, commitment and expertise on the issue. Thanks to their efforts, the Bill today is substantially different from the draft Bill published in December last year. It has benefited enormously from pre-legislative scrutiny and from scrutiny in another place. The Government have listened carefully and added very valuable additional provisions relating to protections for victims and business supply chains. I expect that careful scrutiny of the Bill will continue in your Lordships’ House.

I now turn to the specifics of the Bill. Part 1 deals with offences, sentences, reparation, and asset recovery. In this part, traffickers and slave drivers must know that their crimes will not be tolerated and that they will be caught and sent to prison for a very long time. The Bill consolidates the existing slavery and human trafficking offences, making it easier for prosecutors and the police to understand the available modern slavery offences when investigating these crimes. The offences have also been improved, including in response to pre-legislative scrutiny. It is now clearer that the slavery, servitude and forced labour offence can be effectively prosecuted where the victim is vulnerable; for example, a child.

The Bill increases the maximum available sentence for modern slavery offences to life imprisonment, ensuring that the worst perpetrators can get the lengthy custodial sentences they deserve and victims need. Criminals and organised gangs who trade in human beings do so for profit. Wherever possible, we must ensure that the illicit gains made from the trade in human misery are seized. The Modern Slavery Bill makes both slavery and trafficking offences criminal lifestyle offences for the purposes of criminal confiscation under the Proceeds of Crime Act 2002, subjecting convicted slavers and traffickers to the toughest confiscation regime possible.

Wherever possible, assets seized from a perpetrator should be used to provide reparation to their victims. Courts currently have the power to order convicted traffickers to pay compensation to their victims and can use money collected under the confiscation order to ensure that such compensation is paid in full. Therefore, it is unacceptable that in the past 11 years there have been only three such cases where criminals convicted of a principal offence of human trafficking have been ordered to pay compensation in this way. The Bill seeks to remedy this by creating a bespoke order for modern slavery offences, so that where the perpetrator has assets available, evidenced by a confiscation order, the court must consider making an order to provide reparation to the victim, and give reasons if it does not.

Part 2 relates to preventive orders. It introduces a vital new tool to prevent modern slavery offences, modelled on existing powers to stop sexual harm and with similar, substantial safeguards to ensure appropriate use. Slavery and trafficking prevention orders will target convicted traffickers and slave drivers and can be used to prevent further modern slavery offences from taking place—for example, by stopping an offender from working with children, acting as a gangmaster or travelling to specific countries.

Slavery and trafficking risk orders will restrict the activity of individuals suspected of being complicit in modern slavery offences where this is necessary to prevent the harm that would be likely to be caused by future offences. For example, they could be used to stop activity where there is insufficient evidence to bring a successful prosecution now, but there is clear evidence of the risk of future trafficking or slavery offences being commissioned.

Part 3 deals with maritime powers. It is aimed to close a gap in existing legislation. There are currently no applicable express policing powers to stop, divert or detain vessels at sea where law enforcement authorities suspect that individuals are being trafficked or forced to work. In the past three years, there have been eight such occasions. The Bill will provide law enforcement with clear powers to take action on these boats, arresting those responsible and rescuing more victims.

Part 4 provides for an Independent Anti-slavery Commissioner. In the past, the number of prosecutions and convictions for these specific offences has not reflected the scale or seriousness of the problem. In 2013, there were only 68 convictions, and that is not good enough. To tackle modern slavery effectively, we need effective co-operation across law enforcement borders in immigration and local services. We need a senior figure dedicated to the UK’s fight against modern slavery to strengthen law enforcement efforts in the UK and ensure that a wide range of public authorities work effectively to identify victims. That is why the Bill includes an Independent Anti-slavery Commissioner to encourage good practice in the prevention, detection, investigation and prosecution of modern slavery cases, as well as improving the identification of victims.

The commissioner’s role is set out in a similar way to other commissioners. The commissioner will be independent and his annual reports will be laid before Parliament. Given the urgent need to see improvements in our approach to tackling modern slavery, the Home Secretary has recently appointed Mr Kevin Hyland as designate Independent Anti-slavery Commissioner, following an open selection process. As the first UK commissioner, Mr Hyland will use his extensive knowledge, gained in the Met, and first-hand experience of working with modern slavery victims to ensure that public authorities do more effectively to tackle the despicable individuals behind these crimes and, importantly, to identify and protect more victims.

Part 5 deals with the protection of victims. At the heart of the Bill and all our work is the desire to ensure that victims receive the protection and support that they deserve and which will help them to recover. Fear of prosecution can deter victims from coming forward to help the police with their investigations and from acting as witnesses in court. It is vital that we give them the confidence to come forward.

The Crown Prosecution Service already has guidance in place to prevent the prosecution of victims who have been forced to commit crime, but we can and should go further. The Bill includes a statutory defence for victims with safeguards against abuse. Even in cases where the defence does not apply, prosecutors will still need to look carefully at all the circumstances to see whether it is in the public interest to prosecute victims.

Helping more victims to testify in court is crucial in our fight against the perpetrators. We need to give victims greater assurance that they can access special measures, such as giving evidence by video link or from behind a screen, so the Bill extends to all modern slavery victims existing provisions which help trafficking victims gain access to special measures.

Whether victims appear in court or not, we need to identify them so that they can receive help and support. That is why the Home Secretary set in motion a review of the national referral mechanism, to ensure that the care and support provided is effective. The review has just reported—last week. The Government will respond to the review in the modern slavery strategy, which will be published ahead of our Committee debates, scheduled for early December. In addition, the Bill includes a provision for statutory guidance for the identification and support of victims to ensure a consistent and effective approach.

One of the most heinous aspects of modern slavery is the trafficking and enslavement of children—robbing them of their childhood and casting a long shadow over their future. Child trafficking victims are exceptionally vulnerable and require specialist support and care. We are currently trialling a scheme of child trafficking advocates in 23 local authorities in England. The Bill includes provisions, which were strengthened in another place, to enable Parliament to place these advocates on a statutory footing once the trial has been completed and, following the evaluation of the trial, to establish how we can provide the best protection and support to this particularly vulnerable group of children.

The Bill also ensures that where the age of a trafficking victim is uncertain and there are reasons to believe that they are a child, public authorities will presume that victim to be a child for the purposes of providing assistance and support. We need to ensure that law enforcement has good data on this largely hidden crime so that we can develop an effective strategic response. Therefore, we are placing a legal duty on public bodies to report suspected victims of slavery or human trafficking.

Part 6 deals with transparency in supply chains. Modern slavery in supply chains is an issue which the Government take extremely seriously. We do not want businesses in the UK to have any connection with these abhorrent crimes and UK consumers should not be put in the position where they inadvertently buy goods that could have been produced by abused and enslaved individuals. In this regard I pay tribute to the noble Baroness, Lady Kennedy of Cradley, for introducing a timely and thought-provoking debate on the subject in your Lordships’ House on 30 October. That is why I am extremely pleased that the Bill was amended in another place to require organisations carrying on a business in the UK above a certain size threshold to disclose each year what they have done to ensure that there is no modern slavery in the supply chains of their organisation.

Modern slavery is an evil against which this Government are determined to take a stand. I know that that view and belief is shared across the House. This Bill is an important measure as it will help effectively to punish the criminals and organised gangs behind this appalling crime, ensure victims receive the protection and support that they deserve, prevent other vulnerable people from becoming victims and encourage action by business to eliminate modern slavery from supply chains. It stands alongside non-legislative actions such as making tackling this crime a priority for the National Crime Agency. Ahead of the Committee stage, the Government will publish a comprehensive modern slavery strategy.

I am under no illusion about the scale of the task ahead. The Bill can be only one step along the path to ending slavery. However, I believe that by acting together in this Parliament we can send a powerful message that we are determined that traffickers and slave drivers will be prosecuted and punished and that the victims of their appalling crimes will be returned to freedom. I beg to move.