Modern Slavery Bill

Debate between Lord Judge and Baroness Howarth of Breckland

Monday 23rd February 2015 Lords Chamber

[Baroness Howarth of Breckland]

I have huge respect for him, but I really do think that this is a question of practice and of training. We keep repeating those words like a sort of mantra. What happens is the real issue—what action is taken to make sure that not just the police and the prosecutors but the health workers, social workers and voluntary workers, not those in the specific field of action but those who come across children in different ways, understand what they are seeing. I fear that, certainly in my area, modern social work training is not as precise in helping people to understand what they are seeing and then giving them courage and a legal understanding of what they can do next.

I say to the noble Baroness, Lady Doocey, that I stand somewhere in the middle on this issue. I have never been a great believer that more legislation will make a difference. My experience—and history—tells us that it does not. Some legislation will make a difference. The Government’s clause may well give a little jolt to the whole issue, but I hope that they will tell us what they are going to do to encourage all the professions to take this seriously. That goes not just for this area but for the whole range of child care and protection. We are at this time in this country in serious difficulties in making sure that our children are adequately cared for and protected.

[Lord Judge (CB)]

My Lords, I rise because I have been quoted both in judgments and in evidence that I have given, and if I sit here and do not say anything, some might think that I did not agree with what I said last time. Well, I do.

I am concerned about child exploitation. I think that there are cases—and we have certainly been aware of them in court—where children have been exploited in circumstances which it would be difficult to describe as slavery or servitude or forced labour or even human trafficking. Children are exploited in many different ways and I do not think, if I may say so with respect, that the law caters adequately for those who exploit children who are not under some kind of parental or guardian responsibilities.

For that reason, I support the amendment. One problem with this area of the law seems to be that although we can often find the child who has been exploited we do not seem to be very good at hunting down through the chain of exploitation. For instance, we are very concerned, and obviously so, with children who come from abroad and are left in charge of cannabis factories. So far, we prosecute the child. We do not wait to see who is bringing the food once a week that is thrown through the prison door—because the house is no more than a prison. Where are they going? Who are they looking at? Who are they talking to? Who is making the money from the cannabis plant that the child is looking after?

The other feature that I want to draw attention to is how we relate to the provision on the protection of victims—that is, the defence under Clause 45. We provide a defence, which I strongly support, for slavery or trafficking victims who have committed an offence in circumstances that are defined, but the Bill speaks in Clause 45(1)(c) of “relevant exploitation”. Relevant exploitation in the Bill cannot address child exploitation of the kind that the amendment is designed to address. I ask the Minister to look at that, too.