Lord Field of Birkenhead
Main Page: Lord Field of Birkenhead (Crossbench - Life peer)Department Debates - View all Lord Field of Birkenhead's debates with the Home Office
(10 years, 5 months ago)
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Mrs May
I am answering the hon. Gentleman’s question, if he would like to listen to my answer. Not everything that we think we can do to tackle modern slavery will be in the legislation. Legislation is not the answer to everything, but we recognise the issue of supply chains. We have been working with businesses. Many big businesses already take this responsibility seriously and make every effort to ensure that they do not see slavery in their supply chains.
I was asked about supply chains in Home Office questions yesterday, and I made the point that companies have a social responsibility. Companies should consider their reputation as well as potential victims of slavery. We have held a round table with business. We are talking to businesses about the action that they can take to address the issue.
Mr Frank Field (Birkenhead) (Lab)
As we know, the Home Secretary wants measures on supply chains in the Bill, but No. 10 opposes them. Might she wish luck to those of us who intend to table amendments in this place and the other place so that on this occasion at least her will should prevail?
Mrs May
That is the sort of intervention that I had probably best pass over. We have already legislated to recognise the social responsibility of companies in relation to human rights in supply chains, even though this Bill does not contain a specific reference to supply chains.
Mrs May
We have looked at that issue, which was one of the issues raised in the various discussions, including in the Joint Committee. We have not included a specific child trafficking offence because of the difficulties that that could lead to in a prosecution, such as arguments about whether an individual should be prosecuted for the specific child offence or for the more general offence. That is why we have taken a different approach. [Interruption.] The hon. Lady shakes her head, but she should let me finish my response. That is why we have left it with a general offence, but we make it absolutely clear—this specifically addresses the point that she raises—that the slavery, servitude and forced labour offence can be effectively prosecuted where the victim is vulnerable, for example a child. We are aware of the issues that she raises about whether it could be argued that a child is not able to give consent, and therefore whether they are able not to give consent, but that is explicitly covered in the arrangements in the Bill. There are very good arguments why there would be considerable difficulties in dealing with a specific child offence. Another issue that would be raised is that an individual’s age often cannot be proved. If we did not have a general offence, it would make a prosecution more difficult.
Mr Frank Field
Is there not a case, therefore, for inserting the age of 18 into the Bill? Where there is a dispute in court about someone’s age, for the purpose of prosecution they are assumed to be a young person. Would it not give us an even harder cutting edge if, at a later stage, the Home Secretary accepted “18” to go alongside the definition of “young person”?
Paul Blomfield (Sheffield Central) (Lab)
Like other Members, I commend both the Home Secretary on prioritising and championing this legislation, and the Government on providing the House with the opportunity to grapple with a problem that transcends any single Department. I share the comments made by the hon. Member for North East Cambridgeshire (Stephen Barclay) about the need for joined-up action across Government.
The question before us today is how best to legislate in order to achieve the outcome that we all want to see. We need to look honestly at the Bill and address its weaknesses. Without such action, we will fail to meet the challenge set by the hon. Member for Central Devon (Mel Stride) when he said that he wanted this legislation to put us in the vanguard of fighting modern slavery.
Many hon. Members have said that victims must be at the centre of our response to modern slavery, and that is clearly right because they are at the centre of the crime. But experts in the field are clear that any effective response must address what my hon. Friend the Member for Slough (Fiona Mactaggart) called the three Ps—to prevent such action being exacted against another human being, to protect victims and provide remedy and restitution to those who have been harmed, and to prosecute those who have committed such acts. We need to be clear that without all three, any attempt to solve the problem will fall short. The weakness of the legislation is that the Home Secretary has apparently thought long and hard about the third pillar, which is prosecution, but has given insufficient attention to the first and second pillars, prevention and protection, on which this Bill has too little to say.
A number of Members, including my hon. Friend the Member for Slough, have talked strongly and passionately about the protections and assistance that victims require, and that is right, but I want to focus my remarks on the first of the three fronts on which modern day slavery must be fought, and that is prevention.
Prevention is included in this Bill only where a crime has already been committed, or a person is suspected of having committed a crime of slavery or human trafficking. The proposed slavery and trafficking prevention orders and slavery and trafficking risk orders in clauses 15 and 23 will enable the courts to place restrictions on the activities of those who have been convicted, or those who have been involved in an offence, but not convicted. I acknowledge that those are positive measures, but surely they are too late to count as true prevention because, by definition, prevention stops an act from happening at all.
It is widely recognised that prevention requires a strong labour inspection system as a first line of defence against exploitation in the employment market. Experts in this area, including Focus on Labour Exploitation, of which I am a board member, are clear that effective monitoring and enforcement of labour standards is key to preventing acts of trafficking for labour exploitation. Indeed, many cases of labour exploitation have been uncovered in high-risk sectors such as agriculture and food processing by the Gangmasters Licensing Authority. For example, in the case of DJ Houghton Ltd, 29 Lithuanian men were found to have been treated like slaves. They were used to catch free range chickens for one of the UK’s largest processers of eggs and chickens. I am talking not about small players, but major companies.
Following its UK country visit in September 2012, the Council of Europe group of experts on Action against Trafficking in Human Beings advised the UK Government to
“step up their efforts to discourage demand for the services of trafficked persons...through strengthening the role of labour inspections.”
I welcome the fact that just last month, the UK Government voted in favour of a new protocol and recommendation to the Forced Labour Convention at the International Labour Congress that called for improved labour inspections. The Government themselves were acknowledging that that was an essential prerequisite. They also called for an enforcement of labour law as a key prevention measure. This is the elephant in the room with regard to the Government’s approach to modern slavery, because the same Government who are seeking to tackle this issue have launched a comprehensive attack on labour inspectorates; limited labour inspections; and, in their eagerness to slash red tape, removed vital protections for workers.
In a report published only today, the Government’s own Migration Advisory Committee has highlighted this issue as a major problem. It has said that, because of the resources that are available to pursue this essential work, employers can expect a minimum wage compliance visit once every 250 years, and, at the current rate, face prosecution once every million years. That is the Government’s own committee.
The Health and Safety Executive has had its funding reduced by 35% and has reduced its proactive inspections by one third since 2011. Cases opened by the national minimum wage inspectorate have fallen from a peak of 4,773 in 2007-08 to 1,615 in 2012-13 and, as we know, there are very few criminal prosecutions for failure to pay the minimum wage—only one in 2010-11 and one in 2012-13.
Mr Frank Field
Does what my hon. Friend said earlier about the actual prosecution rate not give a new meaning to “a millennium goal”?
Paul Blomfield
I could not have put it better myself, and I thank my right hon. Friend for his timely intervention and for all his work on this issue, for which he has won respect from those on both sides of the House.
It is all well and good for the Government to announce increases in fines for non-payment of the national wage, but without enforcement those increased fines exist only on paper. Instead of reforming the employment agency standards inspectorate, the Government effectively disbanded it in all but name in July 2013.
Modern-day slavery thrives in the UK, feeding off victims’ vulnerability, dependency and marginalisation. Victims are coerced through physical means, including violence, and more commonly through psychological means, including the abuse of power, deception and threats, as many Members have highlighted. Exploiters use vague employment relationships and arrangements as well as hidden costs, fees and debts owed by workers to trap people in precarious situations, preying on the vulnerability that pervades high-risk employment sectors.
Let me give another example. As we know, increasing numbers of construction workers in this country face the problem of false self-employment. Although the number of the construction work force has been falling, the Union of Construction, Allied Trades and Technicians reports that the number of self-employed workers in construction rose by 37,000 between 2009-10 and 2011-12. It estimates that about half of those are falsely self-employed. That precarious employment status leaves construction workers extremely vulnerable to abuse, as employers are absolved of responsibility for their employment rights and entitlements. Despite recognising that false self-employment is a problem, the Government have reduced safety protections for two thirds of all self-employed workers.
I urge the Home Secretary to consider extending the remit of the Gangmasters Licensing Authority into industries such as construction. Hospitality, care and cleaning are vital sectors, as they are industries where there is a high risk of forced labour and exploitation that particularly affects women.
As I said earlier, the Home Secretary deserves credit for pushing the issue of modern-day slavery to the front of the political agenda, but political decisions taken elsewhere in Government will determine whether she is successful. However well meaning her intentions, the good work in the Bill risks being undermined by the Government’s consistent attack on employee rights and protections. It is disingenuous of the Government to say that they are combating modern slavery with one hand while the other hand is actively promoting the conditions under which that slavery can take root.
Worker protections have been sacrificed through measures introduced by the Government such as reduced health and safety reporting requirements, limits on health and safety protections for self-employed workers and the introduction of fees for employment tribunals. The enforcement of GLA licence violations has been undermined by the light sentences awarded in many labour exploitation cases. Offenders receive only small fines, convictions without punishment or suspended sentences and too often victims receive no remedies.
The prevention of modern-day slavery means ensuring that the cracks in our labour protection framework that permit widespread abuse against global workers are closed. To do that, we need an effective labour inspectorate that engages with workers to gather vital intelligence about those who exploit their vulnerabilities. We need a strengthened and adequately resourced GLA, acting as an intelligence gathering and enforcement agency with a remit extended to high-risk sectors such as construction, hospitality, care and cleaning. We need a GLA that can enforce unpaid wages and other payments due to workers to ensure employment law is effective in practice. Finally, we need a GLA that sits within the Department for Business, Innovation and Skills, not the Home Office, with employment law enforcement rather than border control as its key priority.
I hope that the Home Secretary will work with Members on both sides of the House and organisations external to the House that want to strengthen the Bill in that regard. However, the debate in which the Home Secretary needs to engage most pertinently is not the one taking place in this Chamber but the one with her Cabinet colleagues whose agenda on labour market reform and red-tape cutting has directly undermined her attempts to address modern slavery with this Bill.
Mr Frank Field (Birkenhead) (Lab)
It has been a pleasure to sit here listening to the debate, not just for the quality of the speeches, though one would expect the hon. Member for Slough (Fiona Mactaggart) to give a commanding performance. The real pleasure for me has been looking at the Government Whip, who has had to take refuge, quite understandably. As the debate has gone on, the Government Whip has become greyer and greyer. I thought that, while we would put up a good fight in this House to amend and strengthen the Bill, the main changes would happen in the other place. After listening to the unprompted interventions and speeches, it has become clear that the Government will be hard pressed to hold the line they have drawn in the Bill that they have submitted for Second Reading. There will be a clear choice for the Home Secretary to make. Does she wish the Bill to remain her Bill, or will it become a Bill that the House begins to fashion in its own likeness? I will come back to that.
I see a Whip leaving the Chamber now. I hope that she is off to one of the places where this message needs to go—No. 10. It will be hard pressed to resist the changes the Home Secretary wants the House to make to the Bill before it leaves us and goes to the other place. I wish her well taking that message. I know that, in her own style, she will make the case we are making here.
Like others, I want to put on record the basis for my interest in this topic. It is the person who is sitting in the Box below the Gallery, Anthony Steen. I would not have been committed—
Mr Deputy Speaker (Mr Lindsay Hoyle)
Order. We should not mention people in the Box, as much as we are tempted, and as great as the man that he mentioned may be.
Mr Field
I accept that I cannot mention the great man in the Box, at whom we are now all looking. Convention prevents me from drawing attention to his presence there or even to the fact that elsewhere, outside the Box, he is known as Anthony Steen. For it is he who ignited my interest in this area. Several hon. Members, including the hon. Member for Central Devon (Mel Stride), made that point very effectively. In many ways, when he left this House he took out to the wider world the candle that he lit in this Chamber. To all intents and purposes, it is his Bill that we are debating today: no Anthony Steen, no Bill.
However, Anthony Steen is not the only person who ought to be thanked on the record. The hon. Member for Central Devon drew attention to how quickly the debate has progressed here. It has done so because of three women, the first of whom is Philippa Stroud. I can mention her because she is not in the Box, Mr Deputy Speaker. When she was at the Centre for Social Justice she decided that this topic ought to be investigated and initiated the inquiry that led to the report “It Happens Here”. She is a parent of the Bill. She convinced Fiona Cunningham, who was then the Home Secretary’s political adviser, that this was an important topic in its own right and one for which the Home Secretary ought to win time from her colleagues for a new Bill. Anybody who knows how Parliaments progress knows that, as a Parliament reaches its conclusion, parliamentary time becomes not easier but more difficult to command. We therefore naturally applaud the Home Secretary’s decision —for she is of course the third person. Philippa’s work, Fiona’s work, the work of the all-party group and the work of the person we cannot mention in this Chamber would have come to naught had the Home Secretary not made the crucial decision that there should be a Modern Slavery Bill. Although she has had to go to other meetings, she will take great heart from the fact that in two areas on which she has not been totally happy with the Bill as introduced—I think it is reasonable to say that—she will probably get her way.
Ian Paisley (North Antrim) (DUP)
Will the right hon. Gentleman join me in saying a word of thanks and gratitude to all the volunteers, whether they be church groups, individuals or community associations across this great kingdom, who have supported and pushed the Bill, giving it unstoppable momentum?
Mr Field
Indeed. The Bill is extraordinary because, when I first came to the House, I would have thought that if anyone was going to push, mould and lead public opinion and galvanise the numbers who have come to lobby us, it would be the trade unions. I remember a day quite early in my parliamentary career when the Churches had their first lobby on overseas aid. I went down St Stephen’s steps with a new Conservative Member, and before us was a mass of people who not only filled the area in front of St Stephen’s entrance but went along the road, over Lambeth bridge and back towards the hospital. I saw that younger Conservative Member thinking, “Wow! If the Churches can turn out in these numbers, they are clearly able to fight and punch way beyond the weight of Sunday attendance.” I willingly pay tribute to the role the Churches have played in helping to push this issue up the political agenda.
There are two issues on which I thought we would have to wait for decisive action in the other place, but I now think that we might get that action in this House. I am sure the Whips have taken back the message that the membership of the Committee now has to be even more controlled than normal; otherwise, the Government will lose control of the Bill in Committee. We might be able to take action on Report, when the results of the Committee’s deliberations come back to the Floor of the House.
Two areas of concern have been expressed. On children, the hon. Member for Enfield, Southgate (Mr Burrowes) did not say it, but when push comes to shove it is clear where his vote will be on this golden opportunity we are being offered to make not a really good Bill but a world -leading Bill—his colleagues might be with him on that. Similarly, the hon. Members for Cambridge (Dr Huppert) and for Central Devon mentioned supply chains, which is the second issue. Of course we will be clever and not rub the Prime Minister’s nose in it. We want merely to make a small addition to the Companies Act 2006, under which companies have to report on human rights. Would it not clarify matters if we said that companies also have to report on modern slavery?
Indeed, as the Bill proceeds and more owners of industry in this country realise the risk to which they are exposed through their supply chains, they will be the ones who say to the Prime Minister, “We want the protection of the criminal law. We do not wish, by inaction on our part, to be indicted for this most heinous crime of not paying the attention we should have paid, so far as possible, to clearing our supply chains of human slavery. We want to be able to stand up in court and say that we have fulfilled, in both the letter and the spirit of the law, what the British Parliament has laid down as our responsibility. We stand bravely in the accuser’s box to make our plea.”
The main point I wish to make is that although progress has been made very quickly—the Centre for Social Justice published its report only last Easter and already we have a Bill that is well on its parliamentary way, and well on its way to being improved still further—the truth is that much of the heavy lifting will have to be accomplished later. I am talking about the victims. We have a victim-centred Bill, but none of us should underestimate how big the job will be to try to repair some of the damage that victims have suffered as a result of by being enslaved, either in this country or elsewhere.
The all-party group on hunger and food poverty heard evidence on Monday from Jack Monroe, and it was immensely moving. She has a huge talent for the English language, yet even she had difficulty telling us how broken she had felt when having to feed her child from a food bank. Even now when she hears an unexpected rap at the door, she fears that it is the bailiff or a man coming to cut off her electricity or evict her from her home, even though she is now in calmer territory. If that can happen to someone in this country as a result of being subjected to hunger, it will take more than 45 days to make amends to people who have been broken and humiliated by the experience of being enslaved.
Therefore, we should go joyfully to the task of strengthening the Home Secretary’s hand and fulfilling her wish that this should be a world-leading Bill. As has been said, this could be one of the greatest issues for the Commonwealth since the fight against apartheid, giving it real purpose and the opportunity to change the world. However, let us not kid ourselves. Once the Bill is through and the Home Secretary has got her way, we will face the huge task of not only rescuing enslaved people, as the hon. Member for Enfield, Southgate said, but trying to put them back together again after being so abused by the wicked slave owners who until now have operated all too freely in our country.