Asylum Seekers: Women
Lord Hylton Excerpts(9 years, 3 months ago)
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Lord Hylton
To ask Her Majesty’s Government whether they intend to consult Asylum Aid about ways to improve protection and fairness for women asylum applicants and support provided for those who have suffered gender-based harm.
The Parliamentary Under-Secretary of State, Home Office (Lord Bates) (Con)
My Lords, the UK has a proud history of offering protection to those who need it, male or female. Home Office officials regularly meet with Asylum Aid and recently discussed Asylum Aid’s Protection Gap campaign and other practical steps that can be taken to further improve the management of asylum claims from women.
Lord Hylton (CB)
My Lords, I welcome the positive points in the noble Lord’s brief reply. Will the Government extend childcare to all women’s interviews, especially in London and Liverpool, where it is not available? Will they provide training on gender violence to interviewers and interpreters, as is already done for the police? Finally, will they explain to women applicants why choosing a woman interviewer or counsellor can be of benefit to them?
Lord Bates
I am grateful to the noble Lord for his question and respect his long interest in this area and his work with female refugees. On his first point, we are very much open to reasonable suggestions as to how childcare could be improved. There are some practical difficulties on some of the sites, particularly in central London. As for having female interviewers, that is a very good step and we want to make progress on that. There is some practical difficulty over interpreters. I will get back to the noble Lord on his other points, if I may.
Counter-Terrorism and Security Bill
Lord Hylton Excerpts(9 years, 3 months ago)
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The Marquess of Lothian (Con)
My Lords, I wonder whether my noble friend could help me because I have missed this somewhere else. When looking at the time factor here, what is the legal and international status of someone who has been subjected to a temporary exclusion order? Are they in fact stateless during that period?
Lord Hylton (CB)
My Lords, I would like to support the words of my two noble friends who have recently spoken. We will otherwise be faced with a situation where each new outbreak of terrorism somewhere or other will lead to a cutting back and diminution of traditional, well known and respected civil liberties.
Baroness Warsi (Con)
My Lords, perhaps I may start by seeking the leave of the Committee to speak. I did not speak at Second Reading because I was suffering from a kidney infection and therefore was not able to be in the Chamber for the whole day. I have given notice to my noble friend the Minister and he is content for me to speak in Committee. I hope that noble Lords will allow me the same leave.
I rise to support both Amendments 2 and 55 and the comments of the noble Lords, Lord Pannick and Lord Hannay. I do not intend to make a Second Reading speech at this stage. The issues in relation to the concerns about this legislation are well known. I accept that we are in incredibly difficult times at the moment, and the more so in the light of what has happened over the past few weeks. We have seen the situation change again in relation to ISIL this morning. These are indeed difficult and troubled times, and I therefore understand the need for the Government to respond in order to protect our citizens.
However, I would dispute the comments made earlier that we need to send out a strong message to terrorists that we are serious about this. The message to send out to terrorists is that we hold our civil and individual liberties incredibly strongly, we value them hugely and we will not put forward legislation that permanently takes away the very liberties that terrorists would like to take from us. Putting a sunset clause into the Bill sends out a clear message that these are difficult times and we are responding to them, but that we are not going to change the way we do things in the United Kingdom permanently by giving away those liberties which terrorists would like us to give away. I therefore support the need for a sunset clause.
Amendment 55 gives comfort to those of us who are concerned about how this legislation will play out. We can all accept that there will be many individual cases where these powers will be used in subsequent years but it will turn out to be the case that they have been used incorrectly. The fact is that we as a Parliament should be able to say that at a certain time, whatever colour of Government we have at that point, we will reconsider these matters in light of how the powers have been applied and in the light of how we find the world at that time. An indication that this is not a permanent change would give some comfort to those of us who are concerned about these powers.
Lord Pannick
My Lords, I am not surprised that the Bill does not include any power for the judicial authority to order payment of compensation. As a matter of administrative law, the lawful exercise of an administrative power, provided it is carried out in good faith, will not normally lead to a right for the claimant to claim damages. One hopes it never happens, in this context or others, but if these powers were to be exercised in bad faith, or if there were some other form of misfeasance in public office, the individual concerned—the victim—would already have a right to claim compensation from the state. Amendment 35 is not necessary to cover cases of bad faith or misfeasance in public office. If it is intended to extend to other cases, I would not support it.
Lord Hylton
My Lords, when the noble Lord replies, will he deal with the specific issue of abortive travel costs—flights that have been booked and paid for—and accommodation, which probably means hotel rooms, because the journey cannot be continued?
Lord Harris of Haringey
My Lords, this comes back to the earlier point about whether the various powers in the Bill are proportionate and effective. What is being done to minimise the risk that they are going to exacerbate problems with particular communities? It is not simply a question of whether the powers have been issued improperly. In that case, I hope that compensation would be paid. It is more about when the powers may have been exercised entirely properly but are wrong in the sense that there was a reasonable suspicion, a passport was seized, investigation over a few hours demonstrated that this was completely wrong and the journey was permitted.
Under those circumstances, the person concerned, who had absolutely no malign intent, will have a real sense of grievance which will be reflected among all their friends, relatives and entire community, and which might be disproportionate to what was achieved. That is not the wrong use of the power: it is just the use of the power under circumstances in which it turned out that the intelligence or suspicion was wrong. That would then have a consequence. I appreciate that this could open up a whole mare’s nest of other circumstances in which this issue might arise. However, I hope that the Government have given this some thought because it is the sort of issue which could provoke a sizeable backlash in terms of people’s consideration of how these powers are being used—powers which otherwise people in that community might feel are reasonable.
Baroness Warsi
I hesitate to rise but the discussion that took place was about the purpose of the temporary exclusion order. The clear sense that I got from the briefing and subsequent discussion with the Minister was that the whole purpose was to facilitate a controlled entry back into the United Kingdom, and a controlled entry back into a programme of potential deradicalisation and whatever that would involve, a move by the Government which I hugely support and welcome. I felt that if the whole purpose of this temporary exclusion order was not to keep people out of the country—as has been suggested in the press—but was about managing somebody’s return, to make sure that we protected the security of our citizens, then we are talking about an incredibly short period for which the person would find themselves outside the United Kingdom but a much longer period subject to conditions within the United Kingdom. If that is the case, I would be grateful if it was clarified at the Dispatch Box.
Lord Hylton
Before the Minister replies to that, can he include in his reply whether the Government have studied the experience of countries such as Denmark and Germany, which have working knowledge of how returns of such people can be satisfactorily dealt with?
Lord Bates
On the point just raised by the noble Lord, Lord Hylton, we have been very mindful of the fact that we need to work, not in isolation but in partnership with other countries. The level of co-operation and working across Europe in particular with our European colleagues, not least because of the events in Paris, has increased dramatically. We want to learn what works best. To answer my noble friend’s point, these orders will not exclude somebody from the UK per se. Through them we are saying that if you have been abroad and we believe that there is evidence that you have been engaged in terrorist activities we are not simply going to allow you to drift in and out of this country with impunity. That would need to be managed and supervised. We want that to happen—it is the purpose of the temporary exclusion orders.
My noble friend Lady Ludford—it now seems like a little while ago—was the first to speak about this. She raised a point about the tests and the phrase “obviously flawed”. Here, we are seeking to introduce a permission-stage model and a statutory judicial review mechanism similar to those already in place for the TPIM and asset-freezing regimes, which will consider both the decision to impose the TEO in general terms and for the in-country elements. Having considered these suggestions, we tabled these amendments in line with the recommendation. It is, as was said, simply consistent with those other elements to which we are referring. I hope that that has been helpful.
Modern Slavery Bill
Lord Hylton Excerpts(9 years, 5 months ago)
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Baroness Hamwee
My Lords, I certainly will not press the amendment today, but I wonder which is the chicken and which is the egg here. Of course, there is a concern about skills in identifying possible victims, but because this is an issue, it seems to me that it is all the more important that a duty to do something—maybe not to notify the Secretary of State, but to do something—ought to apply.
This is an unprocessed thought from when my noble friend was speaking. She said, rightly, that anyone who is concerned can go to the police. As we are talking about public authorities—and the Government have a relationship with public authorities—should we be thinking about guidance to all public authorities? As a minimum, it would say, “You may not have the skills, but all public authorities should be aware of this and if you have a concern, go to the police—if you think that there is nothing else you can do, always go to the police”. I think there is some scope—maybe not on the face of the Bill—for a bit more thought to go into the way we are operating our response to these issues.
I think that the Box has had time to process the thought that I did not. What I am saying is that I would be uneasy about leaving it there, because we have all identified that there is a problem that needs getting to grips with.
Lord Hylton (CB)
My Lords, may I help the noble Baroness, Lady Hamwee? Perhaps the words she is looking for are “reasonable suspicion” rather than 100% identification?
Baroness Hamwee
My Lords, I was taking words from the Bill; “reason to believe” is what triggers the duty.
Baroness Hamwee
My Lords, it happens here—it happens even in Scotland, as we have heard, that most civilised country.
A number of noble Lords have used words such as “unimaginable” but, like the noble Baroness, Lady Hanham, I can only too well imagine the card—and I share her concerns about the card itself—being slipped into the passport as it is handed over. Of course, the passport is then very often taken by the employer.
I do not want to repeat the very powerful speeches made by so many noble Lords. I was grateful to hear from a number of people, including, most strongly and emphatically, from the three workers themselves to whom the noble Baroness referred, and at the meeting that she organised with Virginia Mantouvalou, who has written a report. Clearly, it is far too long to read here, but one thing particularly struck me. She gives the history of the overseas domestic worker visa and the diplomatic visa. When the concession was originally introduced, it was from concern to enable workers who had been with a family overseas to come here. The comment was made that it was for “a humanitarian reason”—to look after the domestic workers—and look where we have got to.
At that meeting, Kate Roberts from Kalayaan explained how her organisation could no longer help workers who managed to find their way to it, which must be a tiny percentage, because the organisation has to explain the problem with the Immigration Rules. Indeed, it often cannot help because of threats from employers to workers about criminalisation.
A number of noble Lords have also said that we must remember the realities. Measures such as dealing more effectively at the port of entry are important, but they are not enough. One thing that occurs to me on that is that, at the border on exit, when there is suspicion that a girl is being taken abroad for a forced marriage—the border officials are trained to recognise this—there are arrangements whereby they can be taken aside to be interviewed. The noble Baroness is right to point to that. I do not see why it should not happen in the other direction. We need to think about the realities. What people seem to be able to do to get around formal systems is almost beyond our imagining, and it is the realities that we need to fix on.
Lord Hylton
My Lords, I happen to have been involved with this situation, which allows serious abuses of incoming domestic workers to happen, since the early 1990s. I have never known such universal support for the need for a reform as we have heard today. I leave it at that.
Lord Rosser
My Lords, the name of my noble friend Lady Royall of Blaisdon is attached to this amendment. I certainly do not wish to speak at any length, because the arguments have already been made, but I shall reiterate one or two things. Under the tied visa system, introduced in the changes in 2012 to the Immigration Rules, overseas domestic workers who are being exploited no longer have the option of seeking other employment to get away from an employer who is exploiting them since they are tied to their employer for a non-renewable period of six months. Under the tied visa system, people who are being exploited are normally not willing to go to the relevant authorities because they fear that, if they leave their employer, the outcome will be that they will be deported as an immigration offender. If they are being paid anything at all—evidence suggests that more than 60% may not be—they will lose what may be a source of income being sent to support dependants in their own country.
One would have thought that the Government would have wanted to abolish the current tied visa system for overseas domestic workers, since tying migrant domestic workers to their employer institutionalises their abuse, as has been said already, and precludes acting decisively to protect victims of modern slavery. Of course, as also has already been said, it is unrealistic for such domestic workers to take any kind of legal action against an employer who potentially has trafficked them, exploited them and denied them their most basic rights while still living in the home of their employer.
The impact assessment that accompanied the 2012 changes stated that the ability of these workers—that is, overseas domestic workers—to change employer and access the UK labour market was,
“contrary to general Government policy on low skilled migration”.
However, the impact assessment also acknowledged the,
“vulnerability to abuse and exploitation”,
of these workers. I do not know whether the Government’s resistance to date to going down the road of this amendment is related, in the light of that comment in the 2012 impact assessment, to a view that it would lead to an increase in immigration. Perhaps the noble Baroness could say what, if any, increase in immigration the Government believe there would be if the amendment that we are debating is adopted. Reversing the 2012 changes for the overseas domestic worker visa would, at the very least, allow organisations and agencies to remove a worker from an abusive employment situation immediately. It also would enable the abuse to be reported to the police without fear that the victim would be deported as a result and that, in turn, would facilitate the prosecution of modern slavery offences, which, surely, is the purpose of the Bill we are now discussing. I hope that, in responding, the Minister will take account of what has been said far more eloquently than I can manage by so many of your Lordships in this Committee today.
Lord Hylton
While the Minister is on the point about the interdepartmental group, will it recognise—I hope that it will—that British consumers have shown that they are willing to pay a higher price for an ethical product as a result of the fair trade campaign and fair trade labelling? Secondly, if I were a purchaser, which I am not, I would steer very clear of bricks made in Pakistan or matches made in India, knowing that many of them are produced by either bonded labour or child labour.
Lord Bates
Those are very good points well made. My home town, Gateshead, is the proud home to Traidcraft, which does tremendous work in this area doing ethically sourced coffees and foods, which are often a particular problem, but I do not want to get into advertising around Christmastime otherwise I will get into a whole other set of problems. Ultimately the consumer has great power here, although perhaps they do not realise it. In the same way that they have the power to drive down prices and standards around the world, they also have the opportunity to drive them up through their purchasing patterns.
The interdepartmental ministerial group is one part of this but I want to talk about another important part: what the Government can do. The Government can do more by putting their own house in order. The Government are a huge procurer—I do not know whether that is the right term—and a major purchaser of goods and services. It is important that we do everything that we can to prevent modern slavery from infiltrating our public sector supply chains. Taxpayers’ money should not be allowed to drive demand for these heinous crimes. That is why we are already taking concerted action on this issue. Individual departments have already taken clear steps. For example, the NHS standard terms and conditions for suppliers have clear conditions on labour standards in the NHS supply chain, and it has developed a labour standards assurance system that encompasses issues on forced labour.
The interdepartmental ministerial group on modern slavery will help to encourage best practice across the Government and the devolved Administrations. Home Office standard terms and conditions already require compliance with the law, which will of course soon include ensuring that suppliers have complied with our transparency and supply chain measure. We are also strengthening the labour standards section within our annual corporate social responsibility assessment in order to seek specific assurances from the Home Office’s largest suppliers that they have policies in place to address the risk of modern slavery. In addition, we are currently seeking ways to go further and require specific assurances from suppliers about steps that they are taking to stamp out modern slavery, which is an approach that we hope to then roll out across central Government. As a result, we are already proactively going beyond the measures in the Bill to address this issue. This is a bit like what we are asking people to do: to make a public statement and then be held to account for it. I wanted to put that on the record and expect to be held to account for it, being careful not to tempt fate too much. It is right that that is where we start.
With that rather longer than expected introduction, aware that we have two further groups to come in this area of consideration and having put those points on the record, perhaps the noble Lord, Lord Rosser, would accept that as a response on the Government’s position on his amendment and consider withdrawing it at this stage.
Modern Slavery Bill
Lord Hylton Excerpts(9 years, 5 months ago)
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Baroness Kennedy of Cradley (Lab)
My Lords, I rise to speak in support of Amendments 72, 73 and 74 in the name of the noble Baroness, Lady Cox. Her amendments rightly seek to ensure that the Bill has an international remit by providing that our diplomatic missions across the world have a duty to engage with foreign Governments and international NGOs on human trafficking and slavery, that the anti-slavery commissioner has a duty to receive those reports and learn from and act upon them, and that through the annual plan, Parliament can debate them. Having each embassy and high commission produce an annual report on government action to fight slavery and trafficking would mean that there will be more thorough research into slavery across the world. It will mean greater dialogue with a wide variety of world government officials, NGOs, journalists, academics and survivors. It will mean that the issue of slavery and trafficking will rise up the world’s political agenda.
Through these annual reports, the UK will be fulfilling an important global leadership role. Involving embassies and high commissions in preparing annual reports about trafficking and slavery in its areas of operation is not new. The US has been doing it for the past 14 years —since 2001 it has produced a Trafficking in Persons Report—and the UK should do the same. I ask the Minister why the UK cannot do the same. The more information we collate and share across the world, the better our national and international responses will be. Having official reports on an annual basis which set out the scale of the problem in each country, the forces that lead to the slavery, the conditions that need to change to fight the slavery and what works best to tackle the root causes of slavery, protect the victims and prevent it from happening in the first place, will lead to the global solutions we need to eradicate this global problem. There is much we can learn from around the world.
Although I welcome the notes in the Modern Slavery Strategy that modern slavery will be included in the country’s annual plan, those embassies target only a small number of countries. If we can increase embassy engagement throughout a wider group of countries we can learn much more. For example, a pilot project conducted in the Netherlands offers specialised assistance and shelter to male trafficking victims. There is also a partnership with the Government of Norway whereby caseworkers in the field are using mobile technologies in Uganda to collect information about the protection needs of young trafficked children. In Austria, youth public awareness campaigns about local trafficking are taking place through school exhibitions and the provision of resources for teachers.
In this way, the annual reports would play a key role in shaping the debate and have a positive contribution to our ongoing dialogue here in the UK. As well as being a valuable source of information, these reports would also prove very useful for NGOs and civil society. They would serve as an additional tool for advocacy and a benchmark for evaluation. They would allow NGOs and others to build stronger relationships with high-level policymakers across the world. The reports would also, I hope, allow us to hear more clearly the international voices of survivors. There is much that we can learn from survivors. They know better than anyone what Governments need to do to identify and protect those who are enslaved and to bring to justice those who are responsible.
Finally, one particular feature of the US Trafficking in Persons Report which I think we should replicate here is the annual recognition that it gives to individuals around the world who have devoted their lives to fighting human trafficking. This year, among others, they honour a former orphan from the Democratic Republic of the Congo who has spent his life providing support for vulnerable children; a leader of 75 front-line anti-trafficking workers in northern India; a director of a centre for victims in South Korea; and the first trafficked victim in Peru to face her traffickers in court. These are inspirational people working day in, day out to fight slavery and trafficking, deserving of international recognition but not wanting it. For them, having British embassies and, through them, the British Government take an active interest in their work, listen to their survivor stories and learn from their work, are recognition enough. We should give it to them. I therefore hope that the Government will support the amendment in the name of the noble Baroness, Lady Cox.
Lord Hylton (CB)
My Lords, I have listened to the debate on this group of amendments, and I agree very much with the noble Lord, Lord Deben, and with a number of previous speakers. I do not know to what extent the Foreign and Commonwealth Office was consulted during the drafting of the Bill, but even at this stage I think it should be consulted.
I am glad that Clause 51 is in the Bill, but it must inevitably bring in an international dimension—and who else will deal with that dimension if not the commissioner?
It would be most helpful if the Minister could say that he will take away all these amendments and come back with appropriate government ones on Report. If such government amendments could be published at least a few days in advance of Report, that also would be very beneficial.
Lord Hylton
Following those congratulations, it appears to me that Amendment 85 is, on the face of it, desirable. Is it the Government’s intention that the provision will apply to overseas domestic workers in this country? If that is the case, how will such people get access to the benefit of this proposed new clause? In particular, how will they get access if they have already been deprived of their passport by their employer, if they are locked in by the employer or if they happen to be working seven days a week and perhaps 16 hours or more a day? These are very important and relevant questions, and I look forward to a response.
Baroness Garden of Frognal
They are indeed very important and relevant questions. We shall be coming on to this issue in a later group of amendments, so I suggest that we take up the debate on this topic with the later group of amendments that is related to these particular workers.
Baroness Cox
My Lords, I rise to speak to Amendments 102B and 102C as probing amendments in order to return to the important issue of legal aid for victims of trafficking and slavery. Possibly these amendments might be more appropriately grouped with government Amendment 85, which has been widely welcomed and on which I would like to add my own congratulations.
These amendments have two aims, identified by the Immigration Law Practitioners’ Association, the Anti-Trafficking Monitoring Group and the Refugee Children’s Consortium. The first is to clarify the Government’s reason for preventing the commissioner from examining individual cases; and the second is to highlight the concern that, unless legal aid is provided for trafficked and enslaved persons as soon as they are encountered, many will continue to fall through the cracks of provision of desperately needed help. There is currently a protection gap that should be filled by the full provision of legal aid for all trafficked and enslaved persons from the first point of contact with a lawyer.
The amendments highlight the situation that, as things stand, the anti-slavery commissioner will be prevented from investigating individual cases when Clause 44 comes into force. They provide that Clause 44 cannot come into force until such time as legal aid is expanded for victims of slavery and trafficking. That is not to say that Clause 44 should then do so. The powers of the commissioner can be brought into force without the restrictions that Clause 44 would impose. It would give the commissioner a power to investigate individual cases and to be able to respond appropriately, including responding to emergencies.
By making orders under Section 9 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, the Lord Chancellor can change which cases are eligible for legal aid. Orders under Section 9(2)(a) are orders to broaden the scope of legal aid. My amendment is not more precise than that. One reason for this is that the national referral mechanism is under review. We do not yet know exactly what the new system for victims of trafficking and slavery will look like. Indeed, the Home Office review of the national referral mechanism states:
“In the event that reasonable grounds determinations were to be phased out … Legal Aid, Sentencing and Punishment of Offenders Act 2012 would need to be amended. This is done through the making of an Order under Section 9 of the Act …six months should be allowed for drafting this process”.
The other concern is the great need for more legal aid to be available at an earlier stage in the process. Victims of trafficking currently qualify for legal aid for their immigration cases if they have a decision that there are “reasonable grounds” to believe that they have been trafficked. Until the competent authority and the national referral mechanism have made a positive “reasonable grounds” decision, a person is not eligible for legal aid. If the competent authority subsequently reaches a negative decision at the final conclusive grounds stage, this renders them ineligible once more. I have been advised by the Immigration Law Practitioners’ Association that the Government’s amendment on legal aid for victims of slavery is subject to the same limitations.
It is of great concern that legal aid is not available to those who are afraid to approach the national referral mechanism in the first place. According to the anti-trafficking and labour exploitation unit, a person who escapes from a trafficker or situation of exploitation and comes to them is likely to be destitute. The person is usually frightened and often illiterate and unable to speak English. In most cases that person has no immigration status, papers or passport. Traffickers keep control of the passports of their victims in many cases. Perversely, fear of immigration enforcement has therefore become a tool in the traffickers’ arsenal. Traffickers tell their victims that they are illegal and threaten to report them to the immigration authorities, which they say will arrest them, detain them and remove them from the jurisdiction. These are not idle threats; victims of trafficking are often disbelieved and detained.
Before turning to the authorities, including the statutory services such as police, who are first responders, victims of trafficking want to know what their options are. Will they be allowed to stay in the UK? Will they be safe? They have been in situations of powerlessness and subject to abuse. They are inherently very vulnerable, so victims of trafficking and slavery need advice about immigration. Without it, some opt to stay in situations of exploitation. It is a crime to give immigration advice if not authorised to do so, and for good reason—to protect people. Yet this means that NGOs providing shelter, which are first responders but not authorised to give immigration advice to the necessary level, cannot step into that breach left by the lack of legal aid.
If I may give one example to illustrate the dire predicament of such vulnerable people, Pranjali is an Indian national whom the excellent charity Kalayaan has assessed as having been trafficked. Pranjali is afraid to approach the national referral mechanism. She was subjected to appalling labour exploitation in the Middle East and here in the UK. She has tried to commit suicide multiple times and has visible scarring on her body. However, Pranjali is the sole provider for her family back in India. She became vulnerable to being exploited because her husband at home is disabled and needs money for his medical treatment. She entered on the tied, six-month domestic worker visa scheme last year but escaped from her employers, yet the Immigration Rules prevent her working for a different employer. She needs advice now as to whether she is likely to qualify for a residence permit as a victim of trafficking, which is her only option to regularise her status. She is weighing the risks of approaching the national referral mechanism, including the risks of being detained and removed, penniless, back to India—jeopardising her ability to provide for her husband’s medical treatment.
Victims of trafficking and slavery are thus in a Catch-22 situation. They will not receive help from a lawyer unless they get a positive decision but are far less likely to get a positive decision without a lawyer to assist them, both in making disclosures about what happened to them and in supporting those disclosures with evidence. The Home Office review of the national referral mechanism records that:
“Victims who escape and present themselves may not know where they have been held or the names of those holding them and the only evidence they have is the story of their experience. Research has shown that those who are severely traumatised have difficulty in providing a coherent story. These factors together can create a perception that decision-making is heavily (and wrongly) based on credibility whereas the decision-maker may feel constrained by the lack of evidence of a crime”.
Mistakes at this stage are difficult to rectify later and can adversely affect the rest of the case. It may be claimed that legal aid is available for everyone who claims asylum but not every victim of trafficking or slavery is a refugee.
In essence, my amendments seek to clarify the situation where a legal adviser encounters a person whom they determine needs legal advice on the immigration consequences of a referral to the national referral mechanism as a victim of trafficking or slavery. That person should surely be eligible for legal advice and for representation in their immigration matters whether or not a referral is ultimately made. Without such eligibility victims of trafficking and slavery, who are already inherently immensely vulnerable in so many ways, are also vulnerable to falling through the gaps of provisions that they so desperately need. I would be very grateful for any clarification or reassurance that the Minister is able to provide.
Lord Hylton
My Lords, Amendment 86M, tabled by the noble Lord, Lord McColl, is important in its own right and I am happy to support it. The amendment includes a period for reflection and recovery, which will be particularly helpful to overseas domestic workers who have been exploited or abused and who may have little or no English. I believe the amendment could be a ladder by which these overseas domestic workers in England, and particularly in London, could have access to legal aid and due process in civil cases as provided for by the Government’s Amendment 85, which was accepted earlier. In particular, if applications on behalf of aggrieved persons could be made by NGOs and law centres, the thing might be made to work and it would help those who particularly need it. For years we have seen bad and vicious employers enjoying a large measure of impunity. This must be ended. The amendment seems to agree with the Government’s stated wish to improve protection for victims.
Lord Alton of Liverpool
My Lords, I would like to be associated with the remarks from my noble friend Lady Cox concerning the potential gaps that people could fall through and her remarks and questions about the national referral mechanism and legal representation for those who are caught up in trafficking.
I particularly support Amendment 86J, moved by the noble Baroness, Lady Hamwee, and Amendment 86M, tabled by the noble Lord, Lord McColl. There is a link between these amendments because the noble Baroness quite rightly identifies those who may have been psychologically traumatised by their experiences. She rightly said that people could be extremely vulnerable and very badly damaged. Any of us who have met people who have been trafficked know that that must be true. If people have been concealed in a vehicle, smuggled into the country and exploited in the ways that have been described in speech after speech in Committee, these grotesque experiences will have maimed them psychologically. Hence it is important that there should be some psychological assessment and support for people who may be suffering from acute trauma and mental illness of one kind or another—something that is always neglected anyway in the National Health Service for our own citizens, let alone for people who have come through these kinds of experiences.
The noble Baroness, Lady Hamwee, is right to say that people should be assessed psychologically during the investigation of the offence. That theme is picked up in Amendment 86M, in subsection (6)(c) of the proposed new clause, where the noble Lord, Lord McColl, would make provision,
“to assist victims in their physical, psychological and social recovery”—
a point returned to in proposed new subsection (10)(c) with,
“medical treatment, including psychological assistance”.
This is a recurring theme in these two amendments and I am surprised that provision is not being mandated anyway by the Bill and wonder whether it is not possible to do what the noble Baroness and the noble Lord have argued for. What do the Government intend to do to safeguard people who may be suffering from mental illness and who may have been traumatised through their experiences?
Modern Slavery Bill
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The Earl of Sandwich (CB)
My Lords, I support my noble friend’s amendment simply because it provides better access to justice. The contest between the balance of probabilities and beyond reasonable doubt is well known to the lawyers in this House. As a non-lawyer, my understanding from what has been said and written is that victims of trafficking currently have only limited access to compensation. Without civil claims against those committing civil offences, they will not be compensated in line with the European trafficking convention; nor do they have claims to legal aid. On the other hand, as we have heard, the USA provides a civil remedy under the 2000 and 2003 federal Acts. We need to know why the Government cannot emulate what they are doing in the USA. In the background, there is the sad case of Mary Hounga, who came from Nigeria as a domestic worker. She suffered serious physical abuse but her claim was thrown out by the Court of Appeal on the grounds that she had no right to work in the UK. I know that the case has gone to appeal but it is just the kind of case that would be caught by this amendment.
Lord Hylton (CB)
My Lords, it seems that all three amendments in this group have the potential of being helpful to overseas domestic workers who, I am sorry to say, have been exploited and abused over a very long period of years in this country, with almost total impunity for the wrongdoers. On Monday, the Government helpfully said that they were looking to enhance protection for overseas domestic workers, but I have looked at Clauses 45 to 50 and I can find nothing helpful there. I have also looked at Clause 15, which deals with prevention orders, and there again the procedure has to be through the police. We know perfectly well that many domestic workers do not have access to the police—they cannot get to them. I hope that the Government are able to say something helpful about this group.
Baroness Butler-Sloss (CB)
My Lords, I agree in principle with what lies behind the amendments but I would like to take up what the noble and learned Lord, Lord Mackay of Clashfern, has said. I am no civil lawyer but I believe that these are what are called in civil law torts; that is to say, civil offences. There is at least a very real possibility that they are covered by existing civil law. If they are so covered, there is no need for these amendments. I am afraid that I have not done any research on it, as I have not put forward an amendment, but some research needs to be done as to what is already covered before we ask the Government to accept these amendments.
Modern Slavery Bill
Lord Hylton Excerpts(9 years, 5 months ago)
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Lord Hylton (CB)
My Lords, it has been well worth while staying on after dinner just to listen to a debate of this quality. The noble Lord, Lord McColl, has done a real service in bringing forward this amendment. I thought that his survey of the international scene was masterly.
I can understand that the Government may have reasons for not accepting the amendment as it stands, but I call on the Minister to give some detail about exits from prostitution for those who want to leave it. There must be many such people. In the past, Mr Gladstone was one of those who tried to help people to come out. That has been followed up by voluntary organisations and religious orders, which have provided help and care to those wanting to leave. What are the Government doing to make this easier and how are they enlisting local authorities and other organisations to this end?
Lord Hylton
My Lords, I foresee that the Government may say that my noble friend’s Amendment 32 is too prescriptive, and that Amendment 33, tabled by the noble Lord, Lord Warner, is only consultative. I hope that they will not dismiss both of them on those kinds of grounds. It would be very helpful if they said to what extent they accept the principle behind them. While doing so, perhaps they could also say how the present law on criminal compensation could interact with these ideas.
Lord Rosser
My Lords, I will be brief in view of the time. It is vital that those who profit from modern slavery crime should know that their ill gotten gains can and will be confiscated, by extending Schedule 2 of the Proceeds of Crime Act 2002 to these serious offences. However, my noble friend Lord Warner has made the case for his amendment, with which I am associated, and for the consultation on a number of questions for which it provides, in the light of the weaknesses in the present arrangements. I will not go into those weaknesses; they were highlighted by my noble friend Lady Smith of Basildon during the debates on the Serious Crime Bill.
Victims of modern slavery should be compensated, but, as my noble friend Lord Warner said, money cannot go to victims if we are not recovering it from the perpetrators of the crimes. We need to strengthen and improve the present legal framework on the recovery of assets and the use of property derived from the proceeds of these crimes. This amendment, with which I am associated, provides for a consultation by the Secretary of State to do just this. I hope that the Government will feel able to give a favourable response.
Modern Slavery Bill
Lord Hylton Excerpts(9 years, 5 months ago)
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Lord Hylton
“Access to employment tribunals
It shall be an offence to deny access to an employment tribunal to a person entering the United Kingdom on a visa restricting the person to a single employer.”
Lord Hylton (CB)
My Lords, I will refer briefly to Amendment 94, to which I have added my name. That goes to the root of the problems of foreign domestic workers in the United Kingdom. Amendments 28 and 95, which are both in my name, and in this group, try to improve the nuts and bolts of the situation as it presently is here.
I submit that it is a fundamental right of all employees in this country, whether citizens, residents or visitors, to have access to an employment tribunal if they have serious complaints about working conditions or pay. At Second Reading I raised the cases of foreign domestic workers whose visas tie them to a single named employer. They are usually resident on the employer’s premises and are thus wide open to exploitation. In too many cases, their passports are removed and they are confined to the house or allowed out only under close escort. In such circumstances, they cannot get essential legal advice and they cannot reach a tribunal. The result is that serious exploitation, maltreatment and non-payment of wages go unpunished.
I detailed at Second Reading some of the abuses recorded over many years and I will not repeat them now. Since then I have heard nothing from the Home Office about better protection and remedies. I have therefore tabled Amendment 28 to make it an offence to deny access to a tribunal to anyone on a restricted visa. Perhaps the proposed offence should be wider still. It may be that I should have specified penalties for summary trial and on indictment. That is something to which we can come back at a later stage. Meanwhile. I commend the amendment.
I should also speak to Amendment 95 in this group, which also relates to something I said at Second Reading. There have been a few cases where embassies or foreign diplomats have failed to observe best practice in relation to their domestic workers, who are often recruited overseas. Some cases may not have reached legal decision, and in others, enforcement may have failed—in both categories because of diplomatic immunity. In my understanding, such immunity is given for the protection of diplomatic functions and not as a cover for employment malpractice. I was therefore encouraged to read in the Irish Times of 26 November that an employment appeals tribunal in Dublin awarded €80,000 each to three Filipino women against an ambassador and his wife. The women had been paid less than the national minimum and their conditions were described as “horrific”. If this can be done in Ireland, it should be possible here.
Lord Hylton
My Lords, I am extremely grateful to the four noble Lords who have spoken in favour of my first and, to some extent, the second amendment. I think I can reasonably claim that Amendment 28 has received support from all around the Committee. I was glad to hear from the Government that they believe that overseas domestic workers on short-term visas deserve protection. However, I fail to see how the Bill increases any protection, which at the moment is to a very large extent lacking. Will Clause 3(2) give additional grounds for prosecuting those who exploit and abuse their domestic staff?
Further to that, the noble Baroness referred to the card that is supposed to be given to overseas domestic workers before they leave a foreign country to come here. While that may be helpful to some extent, particularly if the card spells out what the minimum wage levels are in this country, it would be stronger still if a model contract was in existence. This is a point on which I have already written to the noble Lord, Lord Bates. A model contract would give both the employer and the employee a much better idea of what we expect to happen when they both come to Britain.
If the Government could give me some encouragement that it would be possible to have a meeting on these subjects between now and Report, I would be somewhat readier and more willing to withdraw the amendment.
Baroness Garden of Frognal
Perhaps I may say to the noble Lord that, yes, indeed, a further meeting would certainly be possible. The card that is handed out states what the minimum wage should be and that workers should have a written contract of terms and conditions. Moreover, there are emergency numbers that can be called. These are elements of information which should be helpful, but obviously the question then is getting workers themselves into a position where they are able to access and implement the information.
Lord Hylton
My Lords, it would be a great help to everyone concerned if there could be a model contract, but with the encouragement I have been given by the Government, I beg leave to withdraw the amendment.
Modern Slavery Bill
Lord Hylton Excerpts(9 years, 5 months ago)
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Lord Bates
I am grateful to noble Lords for tabling amendments relating to the offence of slavery, servitude and forced or compulsory labour in the Bill, and raising the issue of whether a wider offence is needed. I reflected, ahead of Committee, on the definition of this offence and I will move government Amendments 4, 7 and 101 to clarify the offence and ensure it can clearly be used in cases where the victim is a child or vulnerable.
This offence will replace the existing offence of slavery, servitude and forced or compulsory labour set out in Section 71 of the Coroners and Justice Act 2009. This is an important offence which captures grave and often degrading behaviour. Under the Bill, the maximum penalty will be increased to life imprisonment. A person commits this offence if they hold another person in slavery or servitude or require another person to perform forced or compulsory labour. These terms are defined with reference to Article 4 of the European Convention on Human Rights. Through its decisions, the European Court of Human Rights has provided clear guidance on the meaning of these terms.
I am particularly concerned that our offences should be effective in the case of child victims, who are often very vulnerable. That is why, following the pre-legislative scrutiny report, we clarified the Clause 1 offence to make it clear that, when deciding whether an offence has been committed, the court can consider someone’s personal circumstances, including their age. Following Second Reading, I have considered the issue of child victims and very vulnerable adults further and I have tabled amendments that do more to ensure that the offences clearly cover their specific circumstances.
Government Amendment 4, for which I am grateful for your Lordships’ wide support, makes it absolutely clear that, when assessing whether an offence of slavery, servitude and forced or compulsory labour has taken place, the police, prosecutors and the courts can look at the particular vulnerabilities of children. I have also reflected on concerns that the Bill is not yet sufficiently clear on the meaning of “child”. For the avoidance of doubt, I have tabled government Amendment 101 to make clear that “child” refers to a person under 18, a point made by the noble Baroness, Lady Howarth, and very much part of the recommendations made by my noble friend Lord McColl and the noble and learned Baroness, Lady Butler-Sloss.
I also understand the concerns expressed at Second Reading in another place, and during the pre-legislative scrutiny committee’s inquiry, that there may be a perception that to achieve a successful prosecution will require evidence that a person has not consented to being held in slavery or servitude or required to perform forced or compulsory labour. That is a point that my noble friend Lady Hamwee made. In cases of children, there may not be clear evidence of lack of consent because adults often control children in subtle ways, and children may not even realise that they are victims. My noble friend referred to that often very complex relationship between the perpetrators and their victims. I want to ensure that law enforcement, prosecutors and the courts are clear that, in accordance with existing case law, the lack of consent is not an element of the offences in Clause 1 that has to be proved to secure a conviction, and therefore a person’s consent does not prevent a finding that the offence of slavery or servitude or forced or compulsory labour has been committed.
Government Amendment 7 makes sure that, even where a victim consented to the situation they were placed in, the court can find that the situation amounted to slavery, servitude or forced or compulsory labour. This applies explicitly to both children and adults. We want to protect children and very vulnerable adults from modern slavery. This is a point that my noble friend Lord McColl referred to in highlighting some of the circumstances, particularly debt bondage, that people are in.
I understand and share the sentiments behind the alternative Amendment 8, which was spoken to by the noble Baroness, Lady Royall, and would make consent simply irrelevant when determining whether a Clause 1 offence had been committed. However, we have not chosen to take that approach, for two reasons. First, in our view it would be inconsistent with the European Court of Human Rights case law, which is clear that consent can be considered when assessing overall whether forced or compulsory labour has taken place. Secondly, this approach could inadvertently actually make it harder to secure convictions, which none of us wants. In some cases the victim will clearly have refused to consent to their treatment in some way. In those cases their lack of consent will be relevant evidence for the court to consider, and may well help to demonstrate that the offence has been committed. This amendment would prevent a court from considering this evidence—something that none of us wishes.
My noble friend Lady Hamwee asked a very pertinent question, which sent a flood of notes back and forth to and from the Bill team, on whether the strategy document, on which the ink is yet to dry, is open to amendment. You could see officials wincing at the prospect, but this is something that needs to be kept under review. I refer my noble friend to Clause 42, which refers to the role of the anti-slavery commissioner and his requirement to produce strategic plans and annual reports; those reports will come before Parliament and we will have an opportunity to discuss them. I hope that in some way that goes to answering her question. I am grateful to her and my noble friend Lord Dholakia for tabling amendments that have allowed me to test out whether the wording in the offence around considering a victim’s circumstances and vulnerabilities works in the way that the Government have always intended.
I turn to a specific question asked by my noble friend Lady Hamwee. In Clause 1(4) we use the term “may”, and she asked whether it should be “may” or “shall”. “May” was carefully chosen in this context to give the courts the flexibility to exercise their judgment appropriately. There will be many circumstances in any case and some will not be relevant as to whether a Clause 1 offence was committed. The term “may”—rather than, for example, “shall”—was used to avoid a court having to consider every single circumstance in every single case, whether or not they are relevant. That was the purpose behind that.
Amendments 2, 3, 5 and 6 all relate to Clause 1(4), which specifies that, when determining whether a person has been held in slavery, servitude or forced or compulsory labour, regard may be had to any of the person’s personal circumstances which may make them vulnerable. I can reassure noble Lords that the subsection gives a non-exhaustive list of the kinds of personal circumstances that may be considered to make someone more vulnerable than other persons. This list is just to offer examples. The clause specifically states that,
“regard may be had to any of the person’s personal circumstances”—
some being mentioned in parenthesis—whether they are on that list of examples or not.
With this in mind, we do not think that we need to add further examples to that list which could risk creating the impression that it is supposed to be comprehensive. We are also confident that the phrase “such as” is sufficient to make it clear that this is a non-exhaustive list of examples, and have made this point clear in the Explanatory Notes.
The proposed new clause in Amendment 100 suggests that we place in statute a requirement for a review of a number of Acts of Parliament to look specifically at whether existing offences adequately protect victims of exploitation. We will turn to the detail of the Bill’s definition of exploitation in a later group. I welcome the sentiment behind this amendment. I have been looking carefully at the detail of the offences, as has the Minister for Modern Slavery and Organised Crime. We have been asking if there are examples of potential gaps in the law where conduct that amounts to modern slavery might not be appropriately criminalised. I must say that we have not yet identified substantial gaps, but I want to get this Bill right and remain very keen to hear about any problems which have been highlighted. The examples given by my noble friends Lady Hamwee and Lord McColl are very helpful in this regard and we will reflect on them.
I am also committed to keeping the effectiveness of this Bill—including the offences—under review after it becomes an Act. This will happen both through the work of the Independent Anti-slavery Commissioner and through post-legislative scrutiny. For this reason I do not believe that a review of the Acts listed in the amendment is necessary at this stage. However, I place on record in this House the Government’s commitment to providing post-legislative scrutiny on the Bill in the usual way within three to five years of Royal Assent, an issue raised by the noble Lord, Lord Alton, at Second Reading. The Government will consult the Home Affairs Select Committee on the timing of publication of the memorandum. In light of this assurance, I hope that the noble Baroness will feel able to withdraw her amendment and that noble Lords will support the amendments in my name. I beg to move.
Lord Hylton (CB)
The noble Lord has helpfully mentioned the issue of vulnerability. In relation to Clause 1(4), does being tied to one single employer not necessarily involve vulnerability?
Lord Bates
We will come back to this excellent question from the noble Lord, Lord Hylton. I will get some more guidance but I know we will be coming back to discuss this very issue on a later grouping—in fact, on some of the amendments which he has tabled. I will make sure we have a response to that by then.
Modern Slavery Bill
Lord Hylton Excerpts(9 years, 5 months ago)
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Lord Hylton (CB)
My Lords, I wish that I had not been involved with the issue of domestic slavery for so long and with particular reference to London. This goes back to 1990 and, later, to a Private Member’s Bill that I took through your Lordships’ House. Like my noble friend Lord Alton, I regret that more progress has not been made in all these years.
We know that foreign visitors may now bring domestic workers with them for up to six months, while foreign diplomats may import such workers for up to five years. Both categories must have visas and contracts of employment, but I must ask the Minister: when the visa is issued, does anyone check that the previous employment outside this country was not abusive? Are the contracts of employment scrutinised to see that they comply with British practice?
Clause 1(4) provides for vulnerable people. Like the noble Baroness, Lady Kennedy of Cradley, I submit that all foreign domestic workers coming into this country are ipso facto vulnerable because they are tied to one employer for the duration of their stay and mostly live on the employer’s premises. I agree with the Joint Committee on the draft Bill that public agencies and NGOs should be able to remove a domestic from an abusive employer and to recover their passport. I point also to its recommendation that diplomatic domestics should have contracts directly with the embassy or consulate. Decisions of our courts or employment tribunals should be made enforceable against the embassies concerned—thus, I admit, limiting full diplomatic immunity.
How many complaints have been received in recent years about diplomats and embassies? The Home Office appears to think that foreign domestics are all unskilled workers. In fact, often they are highly skilled in childcare and cooking. Lest your Lordships should think that abuses are trivial, I will give brief details of the wrongdoing observed over many years and continuing to this day. It is common for employers to withhold upon arrival the passports of domestics and to confine them to their houses. This cuts off access to citizens advice bureaux, legal advice, employment tribunals and the police, not to speak of friends and recreation. The non-payment of wages or the payment of less than the national minimum have often been reported, together with physical and sexual violence. Normal contract terms are often breached—for example, no time off or paid holidays; no privacy or own room; being forced to sleep in a corridor or bathroom; and excessive hours without overtime payments. It is a disgrace that such things have been allowed to happen, despite questions and debates in both Houses and despite the evidence collected by trades unions and voluntary organisations, some of which was presented to the Joint Committee.
Such things cannot be allowed to continue. I therefore ask the Minister to assure the House that the Bill covers all the abuses complained of. There has been general impunity up to now. Will abuses now be rigorously prosecuted? Will the Government accept amendments dealing with foreign embassies and help with their drafting? On the question of children, I must ask: how will the Bill, the proposed independent commissioner or the child trafficking advocates help to prevent children in local authority care being lured away or kidnapped? Over the years many have disappeared, and better prevention is urgently needed. The Bill has good intentions and is a step in the right direction, but I am sure that it can be improved and I hope that it will be, with all-party support.
Mediterranean: Refugees and Migrants
Lord Hylton Excerpts(9 years, 5 months ago)
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Lord Hylton
To ask Her Majesty’s Government what steps they are taking with Mediterranean states and other relevant organisations to address the problems of migrants and refugees attempting to cross the Mediterranean.
The Parliamentary Under-Secretary of State, Home Office (Lord Bates) (Con)
My Lords, the Government are working closely with other EU member states to address this distressing situation. It is important to find solutions that tackle the root causes. We are, therefore, focusing our efforts on enhancing co-operation with source and transit countries, including strengthening protection in the region and disrupting the activities of traffickers.
Lord Hylton (CB)
My Lords, I thank the noble Lord for his reply. Does he agree that since this issue was last raised in your Lordships’ House, it has become clearly unacceptable to allow some people to drown to deter others from risking their lives at sea? In this situation, will the Government seek to get safe sea lanes agreed between Africa and Europe? Will they mobilise all possible technology—for example, drones, radar and satellites—to supplement the work of rescue ships? In the long run, will they work to get interviewing done in Africa before migrants and refugees leave?
Lord Bates
The noble Lord asked about surveillance. We are part of the general effort, through Eurosur, which is the surveillance component of Frontex. We have offered to provide additional services if they are called upon. Eurosur is doing a lot of work in that area through drones, exactly as the noble Lord suggests. Through our partnerships in-country, particularly in Syria, we are trying to head this off at source by making people aware of the Syrian resettlement programme and other UNHCR resettlement programmes, of which our Government are a part.