Modern Slavery Bill

Debate between Lord Browne of Belmont and Baroness Hodgson of Abinger

Monday 8th December 2014 Lords Chamber

[Lord Browne of Belmont (DUP)]

My Lords, I have just a few remarks to make on Amendment 67AA, tabled by the noble Lord, Lord Rosser, and the noble Baroness, Lady Royall. These amendments all seek to remove the restrictions placed on the commissioner in respect of the ad hoc reports that he may write. As has been said before in this House, the independence of the commissioner is key to his effectiveness and his credibility among civil society and with colleagues in similar roles in other countries. The ability to report on any pertinent matter as the commissioner sees fit is a vital part of building that independence.

I wish to highlight one aspect of the restrictions that particularly concerns me. Changes were made to the definition of a “permitted matter” on which the commissioner could make ad hoc reports in order to allow the commissioner’s work to be extended to Northern Ireland and to Scotland, with devolved Ministers having a significant role in relation to the commissioner’s work alongside the Home Secretary. I welcome the inclusion of these references to the devolved Ministers as I believe it will make a contribution towards the separation of the commissioner from government priorities. However, in making this change, the ability of the commissioner to make reports on his own initiative has been further restricted, and that concerns me greatly.

In the Bill that was introduced to Parliament in June, a “permitted matter” under this clause was defined as a matter on which the Secretary of State had authorised the commissioner to report, or which was contained in the commissioner’s current strategic plan and therefore previously approved by the Secretary of State under the mechanism for approving those plans; whereas we now see that Clause 41(4)(a) states that a,

“‘permitted matter’ means a matter which—

(a) the Secretary of State”,

or the devolved Ministers,

“have asked the Commissioner to report on”,

or a matter in the pre-approved strategic plan.

In adding these references to the devolved Ministers, “authorised” has become “asked”. No longer can the commissioner initiate an idea for a report outside of the strategic plan and seek the authorisation of the relevant Minister to make the report—and one might consider even that to be rather restrictive. Under the present clause, the commissioner can report matters that are not included in his plan only if the Home Secretary or the devolved Ministers ask him to make such a report. In my opinion, it would have been possible to amend the text of the Bill to include references to the devolved Ministers without further narrowing the commissioner’s capacity to initiate reports. I believe that this additional restriction is most unfortunate and I would urge the Minister to look again at this part of the clause.

[Baroness Hodgson of Abinger (Con)]

My Lords, we all recognise that the work and functions of the commissioner are of paramount importance to make the role effective. Because victims are often trafficked from other countries, I support the view that surely it is important that the commissioner is able to work and co-operate with people and bodies abroad, as suggested by the noble Baroness, Lady Cox, in her Amendment 67.

Amendment 68, tabled by the noble Lord, Lord Warner, talks about,

“engaging with international commissioners or equivalent persons”.

The sharing of best practice and the findings of similar bodies in other countries would be of mutual benefit in trying to stop this heinous practice. At Second Reading I spoke about the role of the commissioner in providing a central resource to gather data and information, to monitor trends, and the impact of policies and legislation. Working with people in other countries would greatly facilitate that work. Amendments 72 and 73, tabled by the noble Baroness, Lady Cox, would include the involvement of our embassies and high commissions. That would have the effect of ensuring that they are aware of what is going on in the countries they serve in and guarantee that modern slavery is on their radar.

Widening the remit of the annual report in Amendment 74 would mean that what is happening in the UK is set in a global context. That is because bringing trafficking and slavery to an end cannot be done by one country alone. We are thus going to have to work closely with other countries and we need to monitor and understand what is happening across the world so that abolition can really be tackled. I look forward to hearing from my noble friend the Minister about this.

One of the criticisms made of the Bill at Second Reading was that it is focused too much on targeting traffickers and not enough on helping victims. It is terribly important that victims who have suffered so much are supported in the best way possible, as has already been mentioned by the noble Lord, Lord Patel, and others. Victims of trafficking are surely special cases. By the fact that they are trafficked, these victims often have no home in this country and are in a foreign land, and perhaps they do not even speak the language. They probably have no money and only the clothes they stand up in. They need special support and assistance if we are to ensure that, having been freed, they have choices about how to move forward in their lives. If the anti-slavery commissioner is not focused on the support of victims, I believe that a strong and special mechanism must be put in place for that. I hope that my noble friend will give further consideration to this aspect so that we can ensure that those who have fallen victim to being enslaved have the best chance of putting their lives together again in the future.

--- Later in debate ---

[Baroness Hodgson of Abinger]

My Lords, trying to give protection to trafficked children is such an important part of this Bill. I add my congratulations to my noble friend Lord McColl on his excellent Amendment 86H, which would do much to help trafficked children. There are many excellent additions, and I shall touch on some that I consider particularly important.

I agree with the noble Baroness, Lady Kennedy, that it is very important that the advocate is appointed as soon as possible; the sooner that they can start getting to know the child and gaining their trust, the more effective they will be. I support the advocate having powers to appoint and instruct legal representation, as that will ensure that the child’s outcome is best protected.

With reference to establishing contact with the child’s family where the child so wishes and it is in the child’s best interests, I wonder who in this instance judges what is in the child’s best interest. I suspect that most children who are trafficked are probably old enough to have a view on what they want, and it is incredibly important that they are listened to and weight given to those views.

With reference to the appointment of the advocate coming to an end when a child reaches 21, although that is technically adulthood it is still a very young age to be left on your own, perhaps in a strange country and away from any family, not being proficient in English and having gone through all the desperate trauma of being trafficked. Perhaps in this regard the wishes of the child could be considered as to whether they would like some further support from the advocate or to be given a mentor until the time when they feel they can cope on their own.

With regard to a durable situation being found for the child, children need to be returned to their homes wherever possible. I was very moved by the statistic that 60% of the trafficked children put into care abscond and often fall back into the hands of their traffickers. This means that often they are very unhappy being put into care. As we know that generally the outcomes for children in care are very low, returning children to their families wherever possible is surely the right thing to do.

[Lord Browne of Belmont]

My Lords, I am pleased to speak in support of Amendment 86H in the name of the noble Lord, Lord McColl, the noble and learned Baroness, Lady Butler-Sloss, and the noble Baroness, Lady Royall. I am sure that other Members of this House will want to thank the noble Lord and the noble and learned Baroness for their persistence and perseverance in repeatedly bringing the need for a child advocate for trafficked children before this House.

As we look today at Clause 47 of this Bill, which in some ways makes provision for child trafficking advocates, I am sure we can agree that we have come a long way on this subject from 2011. I am aware that the Government seek to justify the rather weak nature of the clause on the basis that they want to wait for the conclusion of the advocate trials before providing more detail. In some ways I think this argument stands up to scrutiny but in others I have to say that I find it wanting. No doubt important things will be learnt from the trials that will inform practical questions regarding matters such as implementation, but I do not accept that that should be used as a reason for not providing a clear and up-front statutory definition of the role of the advocate. It seems odd that we should sign up to the name “child trafficking advocate” in the Bill without signing up to a proper definition of the role.

There are at least two major problems. First, in terms of the basic definition of a child trafficking advocate, the definition is set out in numerous international best practice documents and confirmed by our own experience. The Still at Risk report, for example, recommends that an independent trusted adult should be appointed as soon a trafficked child comes to that authority’s attention. Amendment 86H makes it clear that this should happen. The Still at Risk report also says that that person,

“would ensure that all potential victims of trafficking are able to understand their rights, ensure that their voice is heard in decisions that affect them and are supported effectively through the different legal processes they are engaged in”.

I am very supportive of the principle of setting out the functions of the advocate in the Bill, as exemplified in Amendment 86H.

It is significant that this same definition and approach are also reflected in all the relevant international best practice documents developed by the EU, UNICEF and the UN. For example, the UNICEF guidance states:

“The role of a guardian is to be an advocate for the child in a wide range of discussions and decisions about what should happen to the child, in particular to ensure that the decision-making process primarily considers the best interests of the child. The role is also to be a link between the child and the various agencies the child comes into contact with, to ensure the child is kept informed of any relevant developments with respect to him or her, and to accompany the child in a physical way, in particular when she or he is moved between various places”.

It is also essential that the role of the advocate should be recognised by other public authorities, otherwise, as the noble Lord, Lord Henley, said just over three years ago,

“it risks creating confusion for children if plans for their care are not effectively co-ordinated”.—[Official Report, 25/11/11; col. 1282.]

The second reason for my belief that this is not a strong enough clause as it stands is observing the debate on guardians that has occurred over the past few months in Northern Ireland, which the noble Lord, Lord McColl, has referred to. Noble Lords may be aware that the noble Lord, Lord Morrow, has introduced a Bill on human trafficking to the Northern Ireland Assembly. He is sadly not able to give his own wisdom to the House today, as he is in Northern Ireland speaking on other matters on human trafficking before the Assembly. The key point is that, in another part of the United Kingdom, a clearly independent adult will be appointed to a child who has been or who is about to be referred to the NRM or to a separated child. That adult, an independent guardian, will be trained, qualified and supported in that role and the functions are set out in statute in Clause 21 of the Northern Ireland Bill, which will very soon now become law. That person needs to ascertain and communicate the views of the child, represent them, and liaise with other organisations involved in their care and making decisions in relation to the child—for instance, a court or tribunal. They will assist the child to obtain legal advice, keep the child informed about relevant proceedings, contribute to a plan for the long-term welfare based on an individual assessment of the child’s best interests, accompany them as necessary, and work to establish contact with the child’s family where it is in their best interests.

Interestingly, the Department of Health, Social Services and Public Safety may add to their functions as necessary by order so that if new functions arise they can be added. I suggest that this freedom to adjust provides a crucial model for the United Kingdom Government given that, on the one hand, it is simply not credible to include a child trafficking advocate provision in the Bill without a proper definition—especially when, thanks to domestic and international best practice, the definition is clear—yet, on the other hand, adjustment may be desirable in the light of the experience of the trials. It provides a mechanism whereby we could give child trafficking advocates a proper definition but not remove scope for that definition to be amended, although I stress that I think the real usefulness of the trials will pertain to practical matters of implementation rather than that of definitions. If I were to add anything to Amendment 86H, it would be the power to make such additions to the list of the advocates’ functions.

The other thing I should note about the Northern Ireland definition, like that of proposed new subsection (8) in Amendment 86H, is that it makes plain that other persons or bodies providing services or taking decisions about the child have to recognise the role of the guardian and provide the guardian with relevant information so as to allow the guardian to carry out their role effectively. In contrast, Clause 47(4) only enables the Home Secretary to issue regulations to this effect if she so wishes. It seems to me that the provision of child trafficking guardians in Northern Ireland goes much further than the current proposals in Clause 47. The reason we are rightly concerned to help victims of trafficking is because they are, without doubt, among the most vulnerable people in our society and that vulnerability is greatest when dealing with children.

Given their greater vulnerability, it seems very odd that the Government should have included such a weak clause in the Bill. While I am happy to celebrate that Northern Ireland will provide the best protection for child victims in the whole of the United Kingdom, it pains me to consider the many trafficked children in England and Wales who will not benefit from this greater protection. I am not satisfied with this, and I very much hope the Government will not settle for such an inequality. The good news is that Amendment 86H closes the gap. I very much hope that the Minister will accept it.