Modern Slavery Bill

Debate between Lord James of Blackheath and Lord Bates

Monday 23rd February 2015 Lords Chamber

[Lord James of Blackheath]

I can very easily move to the end. I quoted that last example because it indicates how, in the words of that fellow of 50, all migrant children are now regarded as the untouchables of Australian society. They have no place, no identity—nothing. When the Minister says that he does not think that we need to ban this once and for ever, I say that we do, because the reasons he gives for it being safe are the very reasons it happened at all. He says that it requires a court order, but it got a court order when it was done 50 years ago, relying on the fact that the order was endorsed or signed over by the orphanage or whatever local council had the authority. Therefore we cannot do that, as it is only the same situation. We have to stop the possibility of anybody doing this again in any circumstance. I want to see that point completely written into the Bill so that we ban this dreadful thing once and for all from ever happening in our society. We got it badly wrong last time; let us not even think of doing it again.

[Lord Bates]

My Lords, it might be helpful at this point if I first speak briefly to my noble friend’s Amendment 6 to put some remarks on the record, and then return to Amendment 5, on which a number of other Members of the House will probably wish to comment further or to listen to particular points I will make.

When this case was raised by my noble friend Lord James at Second Reading and in Committee, it was a new chapter of this country’s history that I had not been particularly aware of, and a very regrettable one too. We went into some detail of this in correspondence and at a number of meetings with my noble friend, as well as with my noble friend Lord Freeman. It was quite a harrowing experience, and I know that for my noble friend the recollection is personally very harrowing. At the conclusion of those meetings, I said that I would put some words on the record regarding the Government’s response and previous Governments’ responses to what had happened as an acknowledgement of our apology, which I will come to. I hope that that reassures him that we believe we now have in place the safeguard, chiefly through the courts, of a court order being required for any child being moved outside this country. That is a significant enhancement.

On 24 February 2010, the then Prime Minister, Gordon Brown, made a formal apology in Parliament on behalf of the nation, expressing the nation’s regret for the misguided child migrant scheme. The Prime Minister spoke for all of us when he expressed his deep regret for those flawed policies and expressed sorrow that child migrants were allowed to be sent away when they were at their most vulnerable. Almost five years to the day since that apology was made, I am sure that noble Lords will join me and my noble friend Lord James in echoing that regret and that apology.

I want to take a little time to reassure your Lordships that the Government have taken action to support child migrants in regaining their true identities and reuniting them with their families and loved ones. We cannot undo the past but such action can go some way to repair the damage inflicted. I know that that is what my noble friend Lord James wants.

Alongside the formal national apology in 2010, the Government announced a £6 million child migrants’ family restoration fund to support travel and other costs for former child migrants who wish to be reunited with their families. Since its launch in 2010, the fund has provided more than 700 former child migrants and their families with support in travelling to be reunited. In September 2014, the Government announced that the fund will continue until March 2017. By then, the Government estimate that the fund will have helped around 1,000 former child migrants and many thousands of family members.

I also pay tribute at this point to the work of the Child Migrants Trust, which administers the fund. It is the key charity that focuses on family tracing, social work and counselling services for former child migrants and their families. I specifically pay tribute to the work of the trust’s director, Margaret Humphreys, who, like my noble friend Lord James, has done so much to raise awareness about this issue.

I reiterate that it is our belief that the legal guarantees are now in place to prevent any such activity ever happening again. Moreover, I believe that, together with the courageous apology made five years ago, the reparations and the work of the Child Migrants Trust, the guarantees go some way towards redressing the wicked wrong of the past. On behalf of this Government, I reiterate our apology for previous Governments’ involvement in that terrible episode.

It is right that chapters such as the one in 1944 but also those that went on until the late 1950s and even the early 1960s remind us to have an element of humility when we talk about child protection issues in this country. Therefore, I am grateful to my noble friend for raising the issue. I very much hope that the remarks that I have again put on the record and the guarantees that I have underscored will allow him to draw not only a legislative line but a personal line under this very sad chapter.

I turn to the child exploitation offence, which has been the substantial part of a very interesting debate, as it was in the previous stages of this Bill considered in your Lordships' House. The catalyst for that has been my noble friend Lady Doocey, whose description as tenacious I can say, as the Minister involved in this matter, is probably a bit of an understatement. She has taken on, engaged in and championed this issue in the best traditions of parliamentary work. I pay tribute to her and to the work that she has done.

--- Later in debate ---

[Lord James of Blackheath]

I thank the Minister for his response to my points, but may I just put two questions to him? I will wholly understand if he chooses to answer in writing afterwards. First, will he give consideration to a comment that appears in the great book in the Library, attributed to Herbert Morrison from early 1945, to the effect that in any case where an orphanage or local council alone authorised a migration, it should require the countersignature of the Secretary of State?

[Lord Bates]

Has the question been put?

[Lord James of Blackheath]

I am sorry, that was my first of two questions to the Minister. He stood up, so I thought he was going to answer me. The second question—

[Lord Bates]

Let me just say to my noble friend that we will continue this dialogue. That is absolutely certain. In this context, a far stronger guarantee for children in future is the existing body of law that now comes into place and into effect through the Children Act and other pieces of legislation since the 1950s. Crucially, any person seeking to take a child out of the United Kingdom requires a court order to do so. That is a much stronger guarantee than anything that can be given by the Home Secretary or anyone else.

[Lord James of Blackheath]

I thank the noble Lord for that, but I must point out that they all had court orders last time. My second question is this—

Modern Slavery Bill

Debate between Lord James of Blackheath and Lord Bates

Wednesday 10th December 2014 Lords Chamber

[Lord James of Blackheath (Con)]

The Minister is aware that I have some continuing concerns since I withdrew my Amendment 29. Having listened to the debate on this amendment today, there is a word in the amendment that causes me great concern in the context of the story I recounted to the House. The word is “referral”. In the case of my story, referral would have come far too late: the children were in the middle of the Atlantic before anybody could have referred them. Those children could not have referred themselves. They were deposited at the quayside. We did not know who they were or where they came from. They were put on to a boat and they sailed away within three hours. As they could not have referred themselves, they were therefore wholly dependent on the authenticity and legality of some certificate to the effect that they were properly selected and briefed to become migrants. They are lost people, as far as I am concerned—a lost generation. There were 1,760 of them; I have been able to check up since.

Where this clause is wrong goes back to the point that I have been asking the Minister about since I withdrew my amendment. How have we got in here an absolutely legal authority for every child who is put into a migration situation? We have done this regularly about every 20 years for the last 250 years and we need to stop it. We need to outlaw ourselves from doing it any more. That was my concern when I recounted my story and I am not satisfied that the Bill in its present form locks that door once and for all so that we cannot prise it open again and do it.

In the circumstances I described, the travel arrangements could be made under the entire authority of the Australian Government and the Australian civil service in London. The children were coming from local councils that wanted to get rid of them and from orphanages that could not cope with the numbers they had. They put them in a truck and dumped them on the quayside at Tilbury. We put them on a boat and they sailed. Where is a referral going to come in to save those children from that fate? We have not made illegal the act of forced transportation. We have been doing it for 250 years and I am not satisfied yet that this Bill blocks it.

[The Parliamentary Under-Secretary of State, Home Office (Lord Bates) (Con)]

My Lords, we have had a very good debate on this important area and I will respond to each of the amendments in turn. Effectively, they seem to be almost in grades. It was rather helpful to the House that we almost had revision-max from the noble Lord, Lord Rosser, in his amendment and it progressively got a little bit lighter to the mere enabling which was put forward by the noble and learned Baroness, Lady Butler-Sloss. The points were extremely well made and I will try to respond to them as best as I can.

The first point to make is that it is not quite the no-brainer that people have suggested. The national referral mechanism was set up in 2009 under the previous Government. It was not set up on a statutory footing. Therefore, it clearly was not an obvious omission at that point. We took the view that Clause 48 is adequate. I accept the comments that have been made about whether Clause 48, which refers to the issuing of guidance—by which is meant the national referral mechanism—is adequate. None the less, it is a point of discussion as to whether the flexibility of something not being on a statutory footing is balanced by the other side of having something in the Bill. We will come to that.

The second point to make is that much is rightly made of the good work of the Joint Committee which looked at this, took evidence and made recommendations. The very fact that the Home Secretary committed to a review and asked Jeremy Oppenheim to undertake it clearly reflects the fact that we were not satisfied with the way in which the national referral mechanism was working. That is why Jeremy Oppenheim was asked to undertake the review. A wide range of organisations and individuals were consulted. The noble and learned Baroness, Lady Butler-Sloss, and the noble Lord, Lord Warner, were engaged in that process. Some 129 organisations were engaged in the review and their views were fed into the process.

My final point, before turning to the amendments, is that we have a substantial number of recommendations across the six categories as to where the system needs to be significantly improved. The review identifies the weaknesses and deficiencies that many noble Lords have referred to, particularly my noble friend Lady Hamwee.

I am grateful to noble Lords for tabling Amendments 86P, 93 and 96 and for allowing us to follow on from our excellent debate on Monday on the crucial issues of identification and support of victims. I reiterate that the Government share the desire of noble Lords to ensure that as many victims as possible are identified and properly supported. We are already taking decisive action to ensure that that is the case. Amendments 93, 96, and 86P each propose placing a referral mechanism for identifying and supporting victims on a statutory footing, but with slightly different approaches, as I have mentioned. For Amendment 93, this would be a replacement mechanism for the national referral mechanism currently administered by the UK Human Trafficking Centre. Amendment 96 seeks to place an enabling power in the Bill for the Secretary of State to make regulations to establish a statutory referral mechanism. Amendment 86P seeks to place the national referral mechanism on a statutory footing, including providing for all confirmed victims of trafficking, enslavement or exploitation to be entitled to a one-year residence permit.

I believe that the most important thing is that these victims are spotted and rescued in the first place. The best referral and support systems in the world will work effectively only if we find victims, who are so often hidden in plain sight up and down this country. That is why the Home Secretary commissioned a review of the national referral mechanism to ensure that victims can be identified quickly and effectively and be given the right support and assistance. As noble Lords will be aware, the review was published on 11 November and made a number of important recommendations. I know that, in taking the review forward, Jeremy Oppenheim consulted more than 100 organisations and the recommendations from the review take into account their views.

The recommendations in particular concluded that putting the NRM onto a statutory footing,

“will not change the UK’s commitment and obligations to abide by the trafficking convention or methodology with which it is implemented. Any process put on a statutory footing can become inflexible and unresponsive to changing demands and indeed improvements, due to the requirement to further legislate before making changes”.

Furthermore, the review noted:

“Pinning the National Referral Mechanism down now would not be an effective methodology particularly when the National Referral Mechanism is going through a period of significant change”.

It is absolutely right that we should fully consider the vital mechanism used to refer and support these vulnerable victims. But I am not convinced that putting it on a statutory footing will achieve our aim of improving the service we offer to victims. We consider the recommendations made by the review to be transformational and believe that they will overhaul the way in which victims are identified and supported and how those organisations responsible for identifying and protecting victims prioritise and co-ordinate their activities.

The noble Lord, Lord Warner, talked about the difference between the UK trafficking centre giving 80% of cases a positive conclusive grounds decision while UKVI gives only 20% positive decisions. Those figures are not quite right, but it is true that a lower proportion of total referrals have received positive conclusive grounds decisions from the UKVI than from the UKHTC in the past. There is a good reason for the difference. In positive decision rates, UKVI deals with very different cases where corroborative evidence may be harder to obtain. Quality reviews to date indicate that UKVI has been making the right decisions in these difficult circumstances.

The NRM review recommendations include the recommendation to move to multidisciplinary panels to undertake decisions on all cases. This is one of the recommendations that will be widely welcomed. Fundamentally changing the way in which potential victims are referred for support and the way in which decisions are made will ensure that good-quality, timely decisions are at the heart of what we do. That is because the process will have a high level of independent scrutiny and will involve multidisciplinary panels, as suggested.

Our initial response to the review is set out in the modern slavery strategy, which was published on 29 November. Given the fundamental change in approach that is being recommended, we want to make sure that our approach is sound and enhances the experiences of potential victims who are referred for help and support. We will therefore establish two pilots as quickly as possible to test the core recommendations relating to the identification of victims and to the referral and decision-making processes. We want to make sure that we get these pilots right. Officials are meeting a number of NGO representatives later this week to discuss early proposals.

Modern Slavery Bill

Debate between Lord James of Blackheath and Lord Bates

Monday 1st December 2014 Lords Chamber

[Lord Bates]

It is an argument not so much for the amendment as for the Bill. The argument for the Bill bringing together in one place all the offences relating to modern slavery, trafficking and exploitation is something with which we all agree. We are discussing whether there should be a specific child exploitation offence, which, as the noble and learned Baroness, Lady Butler-Sloss, highlighted, raises particular issues in relation to the Bill, but the whole purpose of the Bill is very much what my noble friend seeks, which is to bring the offences into one place, to provide one strategy and then to make sure that those who are responsible get out there and go after the people who commit these appalling crimes.

[Lord James of Blackheath]

I am prepared not to press my amendment provided that the Minister can confirm to me that he is satisfied—he may do it outside this meeting if he will—that the moral hazard of allowing any form of institution to sweep away the flotsam and jetsam by sending them abroad is outlawed by this Bill.

[Lord Bates]

Yes, I would be happy to do that. Perhaps the best way of doing so would be in writing to my noble friend. My noble friend has done a service to the Committee by reminding us of this country’s dark history regarding certain aspects of child exploitation, and it behoves us to have an element of humility when we look at other countries in that regard. I am happy to undertake to write to my noble friend.

[Lord James of Blackheath]

In view of that, I shall not press my amendment.