Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Lord McCrea of Magherafelt and Cookstown Excerpts

Committee stage & Committee: 4th sitting (Hansard) & Committee: 4th sitting (Hansard): House of Lords
Wednesday 16th September 2020 Lords Chamber

The only other way to avoid this dilemma, which would have the added attraction of improving the rights not only of victims of modern slavery who are EEA nationals, but of victims of modern slavery from Britain and all other parts of the world, would be for the Government to recognise that, as I said on 7 September, the Bill sponsored by the former Conservative Party leader Iain Duncan Smith and the noble Lord, Lord McColl, is a Bill whose time has come. Putting into domestic law the right of victims of modern slavery to access support and benefits for a period of recovery in the UK during and after the NRM would demonstrate that, rather than Brexit being allowed to become an opportunity for the erosion of the rights of the most vulnerable, it is about using our sovereignty to enhance their rights and renew our identity as a country that has, since the great Wilberforce, led the way in combating slavery. It would thus, in many ways, make impact assessments under Amendment 81 unnecessary. Were the Minister to give an assurance of support for that Bill, I would be happy to set my amendment to one side. I look forward to his response, and to hearing what others contribute to the debate.

[Lord McCrea of Magherafelt and Cookstown (DUP) [V]]

My Lords, I am pleased to support Amendment 81 in the name of my noble friend Lord Morrow. During our consideration of the Bill we have heard a great deal about the impact of the shape of immigration rules on confirmed victims of modern slavery. I share the concerns articulated by other noble Lords about not permitting the changes to the immigration system to leave victims with fewer rights to remain, or more restricted access to services and support than is currently available.

This country has a proud history of providing asylum, refuge and protection to vulnerable people, and ending freedom of movement is not meant to pull the rug out from underneath vulnerable victims of modern slavery. That is not what the public voted for, and I urge the Minister to reflect urgently with colleagues on what can be put in place before the end of the year to ensure that rights to remain in the UK for a minimum of 12 months to receive support beyond the NRM, including the opportunity to engage in work and study, will be made available to victims of modern slavery from EEA countries.

In the specific context of Amendment 81, in July the Government published a 130-page document called UK Points-Based Immigration System: Further Details Statement. Paragraph 3 on page 11, under the heading “Principles of the Points-Based System”, says:

“As we replace freedom of movement with the Points-Based System, we remain committed to protecting individuals from modern slavery and exploitation by criminal traffickers and unscrupulous employers.”


That is a noble commitment, but it rings rather hollow in the absence of a delivery mechanism, which is why Amendment 81 is, as I will argue, of such strategic importance.

The need for a delivery mechanism is highlighted by the implication of the 2018 figures from Northern Ireland’s Department of Agriculture, Environment and Rural Affairs, which show that one-fifth of agricultural workers in the Province are from countries outside the UK and Ireland, and most come from the EU. Some 15% of the agriculture businesses surveyed employ seasonal migrant workers. Agriculture is, unfortunately, already well known to be a risk sector for human trafficking, and the combination of a change to the rules around recruiting migrant workers with those existing risks cannot be ignored.

A report published by the International Organization for Migration last year, Migrants and their Vulnerability to Human Trafficking, Modern Slavery and Forced Labour, found that:

“Restrictive immigration policies (such as restrictions applied to certain visas or arbitrary changes to asylum procedures for nationals from certain countries) and weak migration governance structures are frequently noted as major causes of vulnerability to modern slavery, especially when combined with low-wage migration”,


and that,

“migrants whose visas are tied to a specific employer are also at higher risk of exploitation”.

In this context, it comes as no surprise to me that the noble Lord, Lord Morrow, who has huge experience in dealing with modern slavery issues, having developed, introduced and successfully taken through Stormont what is now known as the human trafficking and exploitation Act, has brought forward the amendment to provide the requisite delivery mechanism. I very much hope that the Government will accept it.

I urge the Government, further to this debate and that on Amendment 7, to prevent the integrity of the Brexit protocols being tarnished by allowing 1 January 2021 to become a day on which the rights of victims of modern slavery and some of the most vulnerable members of our society are eroded. The best way in which to get ahead of the game and demonstrate that, far from being about a race to the bottom, Brexit is about using our sovereignty to generate better laws, would be to adopt the Modern Slavery (Victim Support) Bill in the name of the noble Lord, Lord McColl, and the right honourable Sir Iain Duncan Smith. I urge the Government to adopt not merely the amendment but that Bill without delay.

[Lord Alton of Liverpool (CB)]

My Lords, I am pleased to speak in support of the amendment in the name of the noble Lord, Lord Morrow, who has done such heroic work, both here and in the Northern Ireland Assembly, in championing the rights of people who are being trafficked. I endorse everything that the noble Lord, Lord McCrea of Magherafelt and Cookstown, has said.

I should declare that I am a trustee of the anti-trafficking charity the Arise Foundation, which focuses on prevention of trafficking in source countries and has seen a huge increase in vulnerability, due to lack of available work during the Covid pandemic. When ready for publication, I suspect that we will see a substantial increase in trafficking numbers. Has the Minister seen any harbingers or indicators of that?

Undoubtedly, from the reports being received by Arise, Covid has had a devastating effect on heightening vulnerability in source countries, making it more likely that people will be at risk of making unsafe journeys. That is even more reason to incorporate the amendment. I also remind the Minister of the remarks I read into Hansard last week from the former independent commissioner on human trafficking, Kevin Hyland.

I am greatly concerned that, as things stand, when proposed changes to immigration law come into effect on 1 January 2021, they will diminish the rights of victims of modern slavery, and the amendment would help to prevent that from happening. Whereas today EEA nationals who are victims of modern slavery are able to remain in the UK, accessing a variety of publicly funded benefits and employment opportunities to help them recover, they will lose this in the same way as EEA nationals who are not victims of modern slavery. Nothing comparable is being put in its place. Their only hope is to apply for discretionary leave to remain, but we know that in practice very few victims receive such grants of leave—about 12%. Perhaps the noble Baroness can confirm that.

Then I see from reading the Government’s response to Amendment 7 that, although they have committed not to, in effect, directly knock out rights from the EU anti-trafficking directive that are part of EU retained law, they cannot tell us whether all the rights currently available to victims will be part of EU retained law. The Government have a chance again to do that this evening. Unless they do so, this will continue to engender fear that 1 January 2021 will usher in the end of some effective rights of victims of modern slavery.

That would be particularly tragic for the Government because they can take great credit for passing the Modern Slavery Act 2015. I was happy to have been a participant in those proceedings. Of course, that legislation came forward only because of the work of the then Home Secretary, Theresa May. It is a permanent and lasting legacy and achievement of hers and of both Houses, working with one another across the political divide. I would be deeply saddened if I thought that anything we were doing now would in any way diminish the importance and effectiveness of that legislation.

As the noble Lord, Lord McCrea, has said, one of the arguments advanced by those in favour of leaving the European Union, was that the UK would now have the option of not merely maintaining EU standards but going beyond them. Here is an opportunity to test that proposition. The Government could and should go further by urgently adopting the Modern Slavery (Victim Support) Bill sponsored by the noble Lord, Lord McColl of Dulwich, and the former Conservative Party leader, Iain Duncan Smith.

In the time available to me, however, I want particularly to comment on the value of the amendment from the perspective of preventing human trafficking. I should like to pursue a point raised by the noble Lord, Lord Morrow, about ensuring that the arrangements not only for the skilled worker visa but other migration routes will clearly set out how the Government intend to prevent human trafficking and exploitation and contain appropriate safeguards to avoid those routes being manipulated by traffickers.

I welcome the Government’s inclusion of protecting people from modern slavery in the three guiding principles for the points-based system set out in the further details statement published in July. The fact that the whole approach to immigration is underpinned by three foundational principles, and that one of those principles is concerned with combating trafficking, suggests that combating trafficking is important. But where is the delivery mechanism? That was a point made effectively by the two noble Lords who preceded me. I commend the amendment to the Minister as an example of the sort of mechanism that needs to be put in place in order to fulfil the aspirations of that principle.

Of course, not all migrant workers are vulnerable to modern slavery—a point made by the Minister rightly made from the Dispatch Box. Indeed, those who are the most highly paid are unlikely to be caught in exploitation; but even for skilled and well paid migrants it is important that checks and processes are put in place to ensure that those recruiting people from overseas are reputable, subject to scrutiny and abide by all labour regulations. The noble Baroness rightly reinforced that in our earlier debates.

Most at risk, though, are likely to be those who fall outside the skilled worker points-based programme—those who will participate in other temporary migration routes such as youth mobility schemes or seasonal worker schemes or those who may be recruited to work illegally spring to mind. The Government’s policy statement about the points-based system in February said:

“We will not introduce a general low-skilled or temporary work route. We need to shift the focus of our economy away from a reliance on cheap labour from Europe and instead concentrate on investment in technology and automation. Employers will need to adjust.”


I am very concerned that some of the ways in which unscrupulous employers will adjust will include the exploitation of undocumented workers and it is worrying that that the Government do not seem to have taken account of that risk. I look forward to hearing what the noble Baroness says on that in her reply.

I support the amendment because it will mean that, as the building blocks of the new immigration system are put in place through regulations under Clause 4, the Government will be required to assess the impact of that system on victims of modern slavery, and I hope, the way in which the system can prevent modern slavery from happening at all.

I was struck by research published in 2019 by the European Union Agency for Fundamental Rights, which looked at labour exploitation of adult migrants in eight European Union states and found that

“vulnerability linked to residence status is the most important risk factor causing or contributing to labour exploitation”.