Child Slavery

Lord Herbert of South Downs Excerpts

Wednesday 2nd March 2011 Westminster Hall

[The Minister for Policing and Criminal Justice (Nick Herbert)]

First, I should explain that I am responding to the debate on behalf of my hon. Friend the Minister for Immigration, who is in Rome today. He apologises for not being able to be here, but I should emphasise that he is on ministerial business. I am pleased to be responding to this interesting and important debate, in which I am happy to be engaging as Minister for Policing.

I congratulate the hon. Member for Upper Bann (David Simpson) on securing a debate on such an important subject: child slavery. Tackling the trafficking of children into the UK is a key element of the Government’s work to tackle child slavery in the UK. Children are brought to the UK to be exploited in domestic servitude or for labour, or to be used for sexual exploitation. The Government view human trafficking as an abhorrent crime. People are treated as mere commodities, exploited and traded for profit.

We have always stated very clearly our commitment to tackling the issue. The overall aim is to make the UK a hostile environment for trafficking and to identify and protect victims wherever possible. Children are included because they are, of course, the most vulnerable among those victims trafficked from various countries. I appreciate what the hon. Gentleman has done to raise the matter, and the contributions made by hon. Members from all parties. I agree that there is a large measure of consensus on the issue. I shall try to respond to all three of the key issues that the hon. Gentleman raised: forced marriage, the trafficking of children and sexual exploitation, and forced labour.

The UK leads the world in tackling forced marriage and places great emphasis on tackling early child marriage. It is an appalling and indefensible practice and is recognised in the UK as a form of violence against women and men, domestic child abuse and a serious abuse of human rights. There is no culture in which forced marriage should be acceptable. Victims can suffer physical, psychological, emotional, financial and sexual abuse, including being held unlawfully captive and being assaulted and repeatedly raped.

The Government have stepped up their efforts to tackle forced marriage in a range of ways: by strengthening the legislation and providing statutory guidance, practice guidelines and online training for professionals; by raising awareness and understanding of the issues, including among children and young people; and by providing effective one-stop support to individuals through the Forced Marriage Unit, which is a joint initiative between the Foreign and Commonwealth Office and the Home Office.

The Forced Marriage (Civil Protection) Act 2007 came into force on 25 November 2008, and offers civil remedies to protect victims or potential victims of forced marriages. I appreciate the hon. Gentleman’s concern about the question of whether forced marriage should be made a crime, which he raised as a potential solution. A national consultation was carried out in 2005 on whether to introduce a specific criminal offence for forced marriage. The majority of respondents felt that the disadvantages of new legislation outweighed the advantages. Many worried that criminalising forced marriage would force the issue underground. Victims of forced marriage can be unwilling to take action against their parents and many respondents felt that the legislation would not be used. Those at risk of forced marriage, or already in a forced marriage, can seek protection through the civil remedies in the form of a forced marriage protection order. Some 271 such orders have been taken out since 2008. The Government said that we would look at the legislation if it was not working, but those figures suggest that the civil remedies are working. Of course, we should keep such matters under review and we will consider any further representations that hon. Members make on the issue, but I hope that that is a reasonable answer to the hon. Gentleman’s particular concern on the issue of forced marriage.

On the issue of child trafficking, on 14 October, during the debate on anti-slavery day, the Minister for Immigration announced the Government’s intention to produce a new strategy on combating human trafficking. The strategy reiterates the Government’s intention to take a comprehensive approach to combating trafficking, both by combating traffickers and by looking after victims. There is a lot of extremely valuable work already taking place and there is a strong foundation to build on. The strategy will maintain the focus on supporting victims, while signalling a greater emphasis on tackling the root problem through more targeted activity in source countries, smarter multi-agency working at the border and more co-ordination of our law enforcement efforts in the UK. We are consulting with NGOs to ensure that their views on the strategy are heard and taken into account. We will certainly take into account the ECPAT report on child trafficking, to which the hon. Member for Upper Bann referred. The strategy will be published in spring and will build on the measures already in place.

Concerns were raised about the EU directive on human trafficking by my hon. Friends the Member for Mid Dorset and North Poole (Annette Brooke) and for North Swindon (Justin Tomlinson), and by the hon. Member for Kingston upon Hull North (Diana Johnson) on the Opposition Front Bench. I will not dwell on that because much has been said already, but I will restate the Government’s position. The draft directive contains no operational co-operation measures from which the UK would benefit. It will help to improve the way other EU states combat trafficking, but it will make very little difference to how the UK fights trafficking. Opting in would also require us to make mandatory provisions that are currently discretionary in UK law. Such a step would reduce, in the Government’s view, the scope for professional discretion and flexibility and might divert resources that are already scarce.

If we conclude later that the directive would help us in the fight against human trafficking, we could opt in. However, by not opting in now, but reviewing our position when the directive is adopted, we can choose to benefit from being part of a directive that is helpful, and avoid being bound by measures that we judge are against our interests. However, I would not want the fact that we believe that it would not be helpful to opt in to the EU directive—indeed, that it may be unhelpful in some respects—to colour the absolute determination that the Government have to act on the issue.

The Council of Europe convention on action against trafficking in human beings came into force in the UK on 1 April 2009. To aid in identification and referral, the national referral mechanism was established as part of the ratification of the convention on 1 April 2009. The NRM is a multi-agency framework that allows us systematically to identify trafficking victims and to refer them to support where necessary.

In addition to victim care and work at the border, the Government have always been clear that we remain firmly committed to instituting a strong enforcement response against those who seek to trade in human beings. It is for that reason that we introduced dedicated anti-trafficking legislation through the introduction of the Sexual Offences Act 2003 and the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004. I say “we”—I think that must refer to the previous Government, although I think there was broad agreement on those provisions. While the Government are committed to apprehending and charging those who commit this crime, we are also keen to ensure that victims, who are used by them for profit, are appropriately safeguarded. Our response must be international. Most victims of the crime are foreign nationals and there is an obvious need, therefore, to tackle the issue at source.

Hon. Members asked about the particular contribution of the Department for International Development. We have worked with DFID, the Foreign Office and the Serious Organised Crime Agency to support a number of initiatives that aim to tackle trafficking at the country of origin. DFID plays a key role in preventing trafficking at source as part of its work in combating poverty and social injustice through long-term development programmes. Additionally, DFID has supported programmes that are specifically focused on preventing child trafficking in such countries as Bangladesh and Uganda.

I would like to mention SOCA and the Child Exploitation and Online Protection Centre, as the status of both was raised by hon. Members. Both do valuable work in this area. SOCA has increased engagement through its global network of liaison officers in 40 countries. We intend to build on the work of SOCA by creating the national crime agency and maintaining the fight against serious and organised crime, of which that is an important component. Similarly, in relation to the important work of CEOP, to which I pay tribute, I reassure hon. Members that it is already a discrete part of SOCA. Should CEOP become a part of the successor body to SOCA, the national crime agency, it will remain a discrete part of the national crime agency. We are absolutely determined that CEOP should continue to be supported externally in the way that it currently is, and continue its valuable work. Nothing we will do will threaten the work of CEOP in any respect.

[Diana Johnson]

Has it not yet been decided whether CEOP will go into that new structure? Is that still to be debated?

[Nick Herbert]

We will announce a strategy in relation to serious organised crime in due course and are carefully considering those matters.

On the issue of funding, which was raised by the hon. Lady and by my hon. Friend the Member for Mid Dorset and North Poole, it is certainly the case that many agencies, including the police, are being required to save money. That must not deter them from their core business of providing front-line services. These are very serious crimes. Agencies and forces must remain focused on those crimes while they seek savings in other areas.

Finally, I would like to respond to the issue of child labour, which was raised by the hon. Member for Upper Bann. We are committed to the elimination of child labour and are working towards long-lasting changes to tackle the underlying poverty that is the root cause of that problem. Children the world over must be given the opportunity to achieve their full potential, as expressed in the UN convention on the rights of the child and other international and regional instruments. All children have the right to an education and should not have to work to survive. Entering the labour force too early significantly limits young people’s opportunities over their lifetime and helps to trap families in poverty from one generation to the next. We are working through DFID. In addition, our commitment to the education millennium development goals of universal primary completion and gender parity at all levels of education, is evidenced by DFID’s work in tackling poor working conditions in developing countries.

I hope that it is clear from my response to this interesting and important debate that there is a concerted effort taking place in this country and abroad, through a number of Government Departments and agencies, to heighten awareness of this issue and to ensure that assistance is given, where appropriate, to our overseas partners. I am grateful to the hon. Member for Upper Bann for securing this very important debate. The Government are committed to tackling this horrendous practice and, whether it is referred to as slavery or trafficking, it is clear that that terrible crime must be combated and child victims safeguarded.