Nationality and Borders Bill

Debate between Lord McColl of Dulwich and Lord Morrow

Report stage
Tuesday 8th March 2022 Lords Chamber

[Lord McColl of Dulwich (Con)]

My Lords, the Ukraine crisis adds urgency to improve this legislation. Refugees fleeing Ukraine will create conditions ripe for exploitation by traffickers. In the coming months we should expect an increase in the number of victims of modern slavery in the United Kingdom. I will speak to Amendment 70, but I note the important issues raised by other amendments in the group to ensure that victims are not excluded from the support they need in the first place.

Amendment 70 would provide genuine victims with sufficient certainty to underpin their recovery, prevent their retrafficking and ensure that they have the security from which to engage with the police and prosecutors to bring the perpetrators to justice. These objectives alone would be reason enough to support Amendment 70, which has cross-party support—I thank the noble Lords, Lord Alton, Lord Paddick and Lord Coaker.

I make it clear that Amendment 70 would provide support and leave to remain only to individuals identified as genuine victims by the Government, through their own processes. These are not bad apples seeking to abuse modern slavery protection; they are confirmed victims—I cannot stress that enough. There are victims for whom the Government have recognised the need for ongoing support for at least 12 months. If, as the Minister said, the Government do not intend to wriggle out of this commitment, why have they not tabled their own amendment?

In Committee, the Minister responded with this extraordinary statement:

“We appreciate the push to put this into legislation at the earliest opportunity, but we do not agree that this Bill, with its focus on immigration is the most appropriate place to do so.”—[Official Report, 10/2/22; col. 1890.]


It was the Government who put modern slavery into an immigration Bill in the first place, and it is they who have already proposed adding a new section to the Modern Slavery Act, through Clause 63, providing statutory support during the national referral mechanism. Amendment 70 would complement Clause 63 and enhance the support provided to victims after the NRM by adding a second, new, section to the 2015 Act.

Statutory support for at least 12 months has been consistently recommended by organisations as essential for victims. Of course, support and leave to remain go hand in hand: victims who are not British nationals need leave to access that support. Victims also need leave to give them the security to engage with the police. The prosecution rate is unacceptable: prosecution figures are complicated, I agree, but, since 2015, only 88 offenders have been convicted for modern slavery as the principal offence. That tells enough of the story. Why is the prosecution rate so low? It is not the fault of the prosecutors; it is because the victims do not have the security to come forward. Many victims’ loved ones are threatened with death at the hands of the traffickers. The Government say that they want the Bill to increase prosecutions, and Amendment 70 will help them to do just that. I quote again the Zulu exhortation: “Vukuzenzele”—just get on and do it.

I intend to test the will of the House, and I ask your Lordships to vote for Amendment 70 to get on with it, to provide confirmed victims with the support and leave to remain needed to give both current and future victims hope for the future.

[Lord Morrow (DUP)]

My Lords, I will make a brief contribution to this debate—when I say “brief”, I mean it. I commend those who have already spoken for their powerful speeches, and I trust that they will be enough to convince the Government that they should in fact adopt these amendments.

I started my speech in Committee by saying:

“For victims of modern slavery, escaping from their exploitation is only the beginning of their journey towards recovery.”—[Official Report, 10/2/22; col. 1885.]


The noble Lord, Lord McColl, has known this for a long time and has consistently brought this message to your Lordships’ House. I of course will support Amendment 70 today, and I trust that it will be pushed to a vote.

The Northern Ireland Assembly has also been debating longer-term support for victims, and, just yesterday, it agreed that it should be available for up to 12 months, or longer, if needed. But that recognition makes the inclusion of leave to remain for victims who get that support acutely relevant to victims in Northern Ireland. If they do not have the ability to remain in the UK, the option of support is just illusionary. We are snatching away hope for recovery and a different type of future, free from exploitation.

We need the Government to be an enabler of recovery for victims across the UK and to provide, through temporary leave to remain, an environment where victims can co-operate with prosecutors. We need to be clear that the UK is a very hostile place for traffickers. Amendment 70 builds on the success of the modern slavery legislation across the United Kingdom jurisdictions and puts the needs of genuine victims on the statute book. The UK has prided itself on being at the forefront of providing for victims of modern slavery; let us continue that tradition by voting in favour of Amendment 70, which I commend to your Lordships’ House.

Civil Partnerships, Marriages and Deaths (Registration etc) Bill

Debate between Lord McColl of Dulwich and Lord Morrow

Report stage (Hansard): House of Lords
Friday 1st March 2019 Lords Chamber

[Lord Morrow]

There are many occasions on which I disagree with the noble Lord, Lord Kilclooney, but this is not one of them. I could not say it better myself. He has put it very eloquently, and he was one of the architects of the Belfast agreement. It is a flawed agreement, I might add, but it is there. It is not the best structure for good government and it is quite confusing. Even those of us who tried to work within it, and those of us who served as Ministers within it, know how restrictive it is and how complicated it can be. Indeed, when you explain to the general public, they throw their hands up and say, “And that is in the name of democracy”. They bid you well, give you a pat on the back and say, “Carry on in your own wee world”.

Let us be very careful, irrespective of how sincere people might be on any issue. The noble Lord, Lord Hayward, said something that struck me. He said that things are changing in Northern Ireland—and he might be right. I live there and have lived all my life there. In 1973, I went into politics as a local councillor and served for some 40 years—I know I do not look that age, but there you are. I went into the Northern Ireland Assembly, where I served for some 18 years, and I have been in this House for some 12 years. I have some idea of what is happening and of what makes Northern Ireland tick. Today, we say very clearly to this House: give us back the Northern Ireland Assembly and bring every issue that you wish to the table—every issue, even those I might emphatically disagree with.

I finish by saying that I was not one of the signatories to the Belfast agreement, but I had to accept it. When it was put to the people, they voted for it by a very small majority—particularly on the unionist side. As a democrat, I said: the people have spoken and I must listen to them.

[Lord McColl of Dulwich (Con)]

My Lords, when I approach the subject of Northern Ireland, I do so with sensitivity to its troubled history and with an overwhelming conviction that devolution in Northern Ireland is very important. While it is certainly far from perfect, Northern Ireland politics has been greatly enhanced by devolution. Mindful of this fact, the point must be made with respect to the amendment before us today that we cannot start legislating on devolved matters as if we were in a direct rule situation without unsettling and potentially unravelling devolution. If we do so on this matter, a precedent will be set and then there will be pressure to do it in other areas. As the noble Lord, Lord Morrow, said, we cannot cherry pick.

Given the special value of devolution in the history of Northern Ireland, I would not want your Lordships’ House to act in a manner that created new pressures that would make the general unravelling of devolution more likely. Of course, I accept that at some point in the future there may have to be a decision to reintroduce direct rule, but we are not there yet and it would be wrong for your Lordships’ House to act in a way that does anything to revive direct rule practices, with all the attendant constitutional implications, by way of precedent.

In making this point, I should say that I have spoken to my noble and learned friend Lord Mackay of Clashfern. He regrets that he cannot be here today, but has given me permission to quote him in saying that,

“for so long as a matter is devolved, notwithstanding the current difficulties, it would be quite wrong for your Lordships’ House to pass legislation in relation to it”.

Mindful of these considerations, while today’s debate has served the useful purpose of putting these matters on record, I hope very much that the amendment will be withdrawn.

Modern Slavery Bill

Debate between Lord McColl of Dulwich and Lord Morrow

Monday 23rd February 2015 Lords Chamber

[Lord McColl of Dulwich (Con)]

My Lords, I support Amendments 34, 35 and 37.

It has been said by many during debates on this Bill—but it is worth repeating—that victims must be at the heart of all our actions to address modern slavery, whether in this Bill, in other policies and strategies or in the everyday front-line work of police officers, prosecutors, support workers, local authorities and so on. When a victim escapes from a situation of modern slavery they are likely to be interviewed by the police, they may enter the national referral mechanism process, or they may be placed in a specialist shelter through a victim care programme or be cared for by other charities. They might apply for asylum and have to deal with immigration officers and the whole asylum process. As they move between all these scenarios, victims do not change: they remain the same person. Their experience cannot be compartmentalised. For them it is a seamless whole.

The commissioner-designate has stated the importance of taking a victim-focused approach to this crime. Indeed, he told Peers during our informative meeting that he has made improving victim care one of his five priority areas of work. If the commissioner, a man of great experience in the front line of addressing modern slavery, believes that engagement and oversight of victim care and support is a vital function for his role, I am sure noble Lords will agree that we should be listening. I am pleased, therefore, that the Minister has introduced Amendment 37, which clarifies that the commissioner should have regard to the provision of assistance and support to victims in carrying out his functions.

I confess that I had some concerns following a meeting with the commissioner- designate that, without this amendment, bringing victim care into the concerns of the commissioner involves a creative interpretation of the current functions set out in Clause 41(1) which might not be endorsed by future Home Secretaries. During our debate in Committee the noble Lord, Lord Deben, highlighted the importance of getting the commissioner’s statutory mandate right. He said:

“Unless the commissioner can point to the Act and say, ‘I do this because …’, there will be those who will use every possible opportunity to try to trip him up and make the kind of legal arguments that hide the fact that what they are really about is stopping him being effective. That is why it is so important that we should be absolutely sure that we get it right”.—[Official Report, 8/12/14; col. 1629.]

I agree entirely. Amendment 37 will ensure that the text of the statute matches our intentions so that in a number of years, when the memories of our debates on the Bill have faded, the commissioner will still be able to look at all aspects of a victim’s experience and make recommendations to see victim care and support improve and develop, based on the letter of the law. I therefore firmly endorse Amendment 37 and commend it to your Lordships.

However, I have some questions of clarification that I would like to raise with the Minister about Amendments 34 and 35, which specifically suggest that the commissioner may consult, co-operate and work jointly with the noble Baroness the Victims’ Commissioner. I support the noble Lord’s proposal for co-operation and consultation between the anti-slavery commissioner and the Victims’ Commissioner. I believe this will ensure good oversight and joined-up thinking on all issues in a far more effective way than trying to separate into silos matters which are, on the ground, interlocked and interdependent.

My concerns stem from the fact that specific reference is made to the Victims’ Commissioner for England and Wales only, and I am not sure whether the Minister dealt with this. I would have thought that similar co-operation and consultation would be needed with other commissioners such as the children’s commissioners—and those of all the four nations now that the role extends across the whole of the UK. I imagine that co-operation will also be required with other commissioners or inspectors such as the Independent Chief Inspector of Borders and Immigration. I recognise that the amendment allows for a wider class of other persons, but I would be grateful if the Minister could indicate the reasoning for specifically mentioning the Victims’ Commissioner for England and Wales and how we can ensure consultation with bodies in Scotland and Northern Ireland which have responsibilities regarding victims. I would also be grateful if the Minister could explain what consideration had been given to including a reference in the clause to other commissioners or bodies.

[Lord Morrow (DUP)]

My Lords, I support government Amendments 34, 35 and 37 spoken to by the noble Baroness the Minister. I first make my apologies to your Lordships for not having been present during the earlier debates on this Bill. My absence on those occasions was however directly connected to the matters before us today, as I was engaged in debates on my human trafficking and exploitation Bill in the Northern Ireland Assembly on those days—a Bill which, I am pleased to say, received Royal Assent in January.

I have a particular perspective on the role of the Independent Anti-slavery Commissioner since the role has now been extended to cover Northern Ireland. This means that the commissioner will need to work to promote good practice in the prosecution and investigation of offences and the identification of victims, all with regard to the legislation we have enacted in Northern Ireland, as well as to the Modern Slavery Bill.

I had the opportunity to meet the commissioner-designate during a visit he made to Northern Ireland and I was most impressed by his plans and his passion to tackle this terrible crime head on. I was encouraged by his commitment to visit Northern Ireland regularly and his awareness of the particular challenges and opportunities that arise from our land border with the Irish Republic. It seems likely that he will do an excellent job. I was also particularly impressed with his clear understanding that victims’ needs must be central to any strategy to deal with modern-day slavery and, moreover, with his determination to make sure that all our systems and agencies across the UK recognise this and reflect it in how they work.

I had some reservations that the ambitious victim-centred plans set out by the commissioner are not clearly reflected in the mandate provided by the Bill. It concerned me that if a new Home Secretary came into office, he or she may not approve a future strategic plan that extends as widely as that proposed by the present commissioner. Indeed, it is possible that an organisation receiving unwanted recommendations from the commissioner could argue that victim support is outside the commissioner’s remit and reject his recommendations on that basis. I therefore welcome government Amendment 37, which expressly gives the commissioner the mandate to look into matters of victim support.

Modern slavery is the exploitation of individual human beings. Any effective anti-slavery commissioner will need to look at how we improve our systems to better protect and support those individuals, whether in investigations or other environments. The Bill must support and empower him to do that. I urge your Lordships to support Amendment 37 in the name of the Minister.

I referred earlier to my particular perspective in relation to the commissioner’s work in Northern Ireland. I have one area of concern about government Amendments 34 and 35 that stems from this perspective. I have no doubt that it will be important for the anti-slavery commissioner to consult and work together with a wide variety of groups and organisations, and I welcome the fact that these amendments specifically highlight the importance of the voluntary sector. The advice, constructive criticism and on-the-ground evidence from NGOs was of vital assistance to me as I prepared and refined my human trafficking Bill through its passage in the Northern Ireland Assembly. I dare say that the Minister would say the same about the contributions made in the development of this Bill from its draft form right up to the amendments proposed this evening.

I also echo what has been said in respect of the need for the anti-slavery commissioner to co-ordinate with the Victims’ Commissioner, as a way to maximise benefit and avoid duplication of work. I have some concerns, however, that victims in Northern Ireland, and indeed Scotland, will not benefit from this co-operation. I suggest to the Minister that we need to ensure that the commissioner is careful to take account of efforts to improve victim care and to work with bodies involved in supporting victims in other parts of the UK as well. I hope very much that she can assure me that reference to consultation with the Victims’ Commissioner will not create a hierarchy of victims, with victims in England and Wales receiving greater attention from the commissioner than victims in the rest of the UK.