Nationality and Borders Bill

Lord McColl of Dulwich Excerpts

Consideration of Commons amendments
Monday 4th April 2022 Lords Chamber

We will support Motion Q1 in the name of the noble Lord, Lord Coaker, which is an alternative to Clause 62, with its answer to what the threat is to public order and putting the response in the context of the trafficking convention. We have always supported the noble Lord, Lord McColl, in his valiant, persistent and right campaign regarding support for victims of modern slavery and trafficking, and we will do so again tonight. We support Motion S1, in the name of the noble Lord, Lord Coaker, narrowing the scope of the new clause on victims under the age of 18, responding to the reason that the amendment is not workable. I beg to move Motion N1.

[Lord McColl of Dulwich (Con)]

My Lords, I am speaking to Motion R1, which I will press to a vote because I am extremely disappointed that the progress made in this House on Part 5 has been undone in the other place. We must keep striving to ensure that victims of modern slavery are properly identified and supported. I am grateful for support across the House in passing my original Amendment 26. When Amendment 26 left this House, it would have provided 12 months’ statutory support to confirmed victims in England and Wales and leave to remain for those who needed it across the UK to access long-term support. In that moment, there was a glimmer of hope that victims would finally receive the vital support that evidence has shown they need. Needless to say, the hope that this support will be provided is growing increasingly faint and I am deeply disappointed that the Government have still not taken steps to put it on a statutory footing.

While it is my firm belief that support and leave to remain must go together, your Lordships will see that I have unpackaged my original amendment. I have tabled only one amendment in lieu, Amendment 26B, to provide 12 months’ statutory support to confirmed victims in England and Wales. This is not because issues of leave to remain are not important: quite the opposite. Leave to remain is critical for victims who need it to access support for their recovery. I have unpacked the two only to assist the Government in making good on their commitments to provide support. The Government are already halfway there through the assurance that we have heard reiterated multiple times in both Houses that confirmed victims in England and Wales will receive a minimum of 12 months’ support.

I have said it before; putting this in guidance is not enough. We must finish the job and put this in the Bill. The Government have said that guidance will provide flexibility. This misses the point entirely. The evidence provided by front-line workers on the need to provide at least 12 months’ support to all confirmed victims is falling on deaf ears. Of course support will rightfully be tailored to the individual, but the point stands that victims need a minimum of 12 months to begin to work through their trauma and come to terms with their exploitation.

If we support victims, they will be in a stronger position to support investigations. This will increase convictions of this heinous crime and send out a message to those criminals that they will not get away with this exploitation. The Government have continually said that leave to remain will be considered on a case-by-case basis. I am concerned that they are continuing to wriggle out of their promise to provide support in their arguments for not providing leave to remain.

That is why I have disentangled the two, to ensure that these excuses can no longer be made. Regrettably, in rejecting Amendment 26, the other place has reinstated original Clause 64, in which discretionary leave to remain criteria are narrower than the current guidance. This is truly a case of one step forward, two steps back. I would be grateful if the Minister could make a statement on the recent Court of Appeal ruling and how this will impact future decision-making on leave to remain to ensure that it is in line with the European trafficking convention. Can he also increase transparency by committing to publish statistics on leave to remain decisions for victims of modern slavery?

I will return to issues of leave to remain in the future but, for now, I urge your Lordships and those in the other place to hear what victims need on long-term support and to act accordingly to ensure they receive it by supporting Amendment 26B.

[Baroness Lister of Burtersett (Lab)]

My Lords, I will speak to Motion N1. I thank the noble Baroness, Lady Hamwee, for tabling Amendments 22B to 22F. I simply seek some assurances from the Minister on behalf of the British Dental Association, the Royal College of Nursing and the Refugee and Migrant Children’s Consortium.

First, when the noble Baroness, Lady Neuberger, sought the opinion of the House on Report, she noted that

“we need to know more about the ethical response”.—[Official Report, 8/3/22; col. 1285.]

I and others raised concerns voiced by the BMA, the BDA and others that to use dental X-rays in particular where there is no clinical justification is unethical. Yet neither in Committee nor on Report did the Minister really address this concern. Can he please do so now and provide some reassurance to these bodies and to us?

Secondly, following on from what the Minister said, can he provide an assurance that the statutory guidance will continue to make it clear that there must be reason to doubt an age claim before any age assessment is made?

Thirdly, will the Government seek and publish the agreement of the relevant medical bodies before any scientific method is approved for use? I was partially reassured by the meeting the noble Baroness referred to with the interim chair of the Age Estimation Science Advisory Committee, but it is still important that formal agreement is sought from the relevant medical bodies. Can he confirm that the Minister accepts the interim committee’s recommendation that scientific advice should be used to decide whether a claimed age is possible rather than specify what that age is? Will the same principle apply to the holistic decision made in any age assessment?

With reference to the committee—this echoes what the noble Baroness said—in the Commons the Minister agreed to take away the call for it to include a practising dentist. Is the Minister in a position to give a commitment on that point today?

Finally, can the Minister provide some reassurance with regard to the insistence on the use of Home Office social workers? That has caused considerable concern among members of the consortium given their record hitherto, which has been found wanting by the courts. The lack of independence is even more worrying given Wendy Williams’s update on the Windrush Lessons Learned Review, which suggests that progress in reforming Home Office culture has some way to go. Her report says:

“I have seen limited evidence that a compassionate approach is being embedded consistently across the department”—


that is, the Home Office. Is it surprising that there is considerable suspicion of the lack of independence in what is proposed?

--- Later in debate ---

Moved by

[Lord McColl of Dulwich]

At end insert “and do propose Amendment 26B in lieu—

26B: Before Clause 64, insert the following new Clause—
“Confirmed victims in England and Wales: assistance and support
After section 50A of the Modern Slavery Act 2015 insert—
“50B Confirmed victims etc: assistance and support
(1) This section applies if a positive conclusive grounds decision is made in respect of a person.
(2) If the person has received support under section 50A, the Secretary of State must continue to secure tailored assistance and support for that person at the end of the recovery period for at least 12 months beginning on the day the recovery period ends.
(3) Any duty under this section ceases to apply in relation to a person in respect of whom a determination is made under section 62(1) of the Nationality and Borders Act 2022 (disqualification from protection).
(4) References in this section to “assistance and support”, a “conclusive grounds decision” and the “recovery period” have the same meaning as in section 50A.””

[Lord McColl of Dulwich (Con)]

I beg to move Motion R1.