Illegal Migration Bill

Lord Morrow Excerpts

Committee stage
Monday 12th June 2023 Lords Chamber

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, I have tabled Amendments 97 and 98 in respect of Clauses 27 and 28. I commend the report, published yesterday, from Parliament’s Joint Committee on Human Rights—a very fine document which says that this Bill will have “a disproportionate impact” on the victims of modern slavery. My noble friend Lord Coaker referred to the coalition Government of 2010-15, which took the initiative to introduce in Parliament and implement the Modern Slavery Act. This Bill drives a sword through it and completely lacerates it.

There is no doubt that the number of amendments that refer to modern slavery or human trafficking are testament to the Committee’s concern about the Government’s proposal. Again, I refer simply to my own Amendments 97 and 98. The Government frequently refer to victims of the “heinous crime” of modern slavery and, in March 2021, they commended themselves on how many victims had been referred to the national referral mechanism, stating that

“the UK has a strong reputation internationally in addressing modern slavery referrals; year on year there has been a rise in referrals from all frontline responders into the NRM”.

It is extremely concerning that, some two years later, we are talking about the same increase as a matter of abuse and the same victims as threats to public order. That is exactly the language that has been used by this Government. Lest there be any confusion, this language is being applied to individuals who have been the subject of exploitation through being either coerced or deceived. The language is being applied not to those who traffic and exploit people as commodities but to the victims of crime.

The UK has signed up to international obligations to identify and care for victims of modern slavery. One of those is the European convention against human trafficking—frequently referred to as ECAT. The noble Lord, Lord Carlile, referred to this. ECAT requires the identification of victims so that they might benefit from the convention entitlements, including the provision of a recovery period when the person cannot be deported and can receive support and assistance. The Bill does not prevent the identification part of our obligations, but it makes identification meaningless for the most part.

Last year, under the Nationality and Borders Act 2022, the Government determined that some victims should be excluded from a recovery period if they are a threat to public order. There is a case for excluding those convicted of serious criminality; indeed, ECAT recognises that under Article 13. But here is the key point: it has been applied on a person-by-person basis. This Bill, in the words of the Independent Anti-Slavery Commissioner, Dame Sara Thornton, introduces

“a massive extension of that public order disqualification to everybody”.

Yes, all victims of modern slavery within the scope of the Bill are being considered a threat to public order. I hope your Lordships will indulge me as I quote the Government’s justification for this extension. In the human rights memorandum, the Government say that they consider that a person who falls under the duty to remove is

“a threat to public order, arising from the exceptional circumstances relating to illegal entry into the UK, including the pressure placed on public services by the large number of illegal entrants and the loss of life caused by illegal and dangerous journeys”.

ECAT makes no differentiation between victims of modern slavery who are in the country illegally or legally. The convention knows that these individuals need safeguarding and protection, regardless of their immigration status.

Parliament’s Joint Committee on Human Rights, which published its report yesterday, states that

“the Government’s position that the modern slavery clauses are ‘capable of being applied compatibly’ is untenable”.

My noble friend Lord Coaker already referred to this point. The report continues:

“The UK has clear positive duties under Article 4 ECHR (prohibition of slavery and forced labour) to protect victims or potential victims of slavery or human trafficking, as well as duties under ECAT—these provisions of the Bill are in direct conflict”


with the above-mentioned article and ECAT. The committee recommends that the clauses in the Bill dealing with modern slavery should be removed, a point I concur with. The Commissioner for Human Rights of the Council of Europe has said about the extension of the public order disqualification:

“Such a justification appears to me to be so broad and general that it increases the likelihood of an arbitrary application of the modern slavery protections”.


The Parliamentary Assembly of the Council of Europe is due to debate a report on a number of human rights measures currently being debated in the UK, including the Bill. The provisional report was published on 25 May. In reviewing the Bill’s compatibility with ECAT, the report says:

“The fact that an individual was trafficked into the UK does not make that individual thereafter a threat to public order”,


a point that this House and the Government should take on board.

I was disappointed that, on day two in Committee, the Minister said that the Bill was compliant with ECAT because

“ECAT envisages that the recovery period should be withheld from potential victims of trafficking on grounds of public order”.—[Official Report, 5/6/23; cols. 1200-01.]

This is exactly the opposite of the position taken by GRETA, the body overseeing ECAT. In its submission to the Joint Select Committee on Human Rights inquiry into the Bill, it said that such an approach

“would be contrary to the purpose of Article 13”,

since Article 13(1) is

“intended to apply in very exceptional circumstances and cannot be used by States Parties to circumvent their obligation to provide access to the recovery and reflection period”.

My Amendments 97 and 98 urged the Government to rethink their interpretation of Article 13(3), which is, in my view and that of GRETA, contrary to the convention. I also urge the Government to be mindful of the recommendations in the Joint Committee on Human Rights report, just published; to heed its advice; and to indicate, in a realistic and humanitarian way, when they will respond to that report. The website states that the Government will respond in August, long after the Bill has been implemented into law. That is too late. We need a response at a very early opportunity—in fact, before we return for Report on the Bill.

I ask the same question as did my noble friend Lord Coaker: when will the impact assessments be made available to this House? Will it be done at a very early opportunity and before the completion of Committee on the Bill?

[Lord Morrow (DUP)]

My Lords, many Peers spoke at Second Reading about their concerns over the modern slavery amendments. They did so again on day two in Committee, in response to Amendment 19A and others tabled by the noble Lord, Lord Hunt, and on day three, after the forensic speech made by the noble Lord, Lord Purvis, on whether Clause 5 should stand part of the Bill.

The amendments in this group again raise those concerns, and I hope the Minister will recognise the concerns across the Committee. Before I speak to my Amendment 145, I put on the record my support for Amendment 86, of the noble Lord, Lord Randall. As I have already said in Committee, I am deeply concerned about the impact that the Bill will have on victims of modern slavery; this amendment would mitigate some concerns by ensuring that victims of modern slavery exploited in the UK will still be able to access the support that they need to recover. I hope the Minister will update the Committee on the ongoing discussions on this proposal that were promised on Report in the other place.

--- Later in debate ---

[Baroness Kennedy of The Shaws (Lab)]

My Lords, a number of years ago, I chaired an inquiry in Scotland for the Equality and Human Rights Commission of the United Kingdom to look into the position of trafficking in Scotland because it was a surprise that at that time there had not been any prosecutions. Was this because there was no problem in Scotland, or was something happening with regards to investigations?

I want the Committee to know that after many years of practice at the Bar, doing some of the most shocking and desperate cases, the experience of chairing that inquiry into modern slavery was revelatory to me in hearing evidence—particularly, of course, from women who had been sexually used, and used in the most horrifying ways, where their whole days were spent servicing men. Afterwards, they needed to be looked after, cared for and encouraged to believe that their families back in the countries from which they had come would not be punished if they were to testify in a court of law. The threats that they had experienced were of such a kind that they lived in terror of those who had victimised and trafficked them.

I really do feel—I heard earlier one of the Conservative Back-Benchers asking the Minister whether he had ever met anyone who had been trafficked—that meeting those who have been trafficked is a shocking business. It also goes on to those who, for example, are subjected to slavery within the domestic environment, who are worked almost to death. They are brought over from other countries, live in households in which they are expected to get up at the crack of dawn and work through until the wee small hours of the following day, and are not rewarded—their wages are supposed to go to their family back somewhere else. The accounts that one hears are just shocking.

The fear that people have, which has to be catered for in having them give testimony in a court of law against those who have been their traffickers, is such that to be removing all of that is just shocking. It is unbelievable to people in other parts of the world. My work has now changed; it is now in international law, and everywhere I go people are shocked by Britain, which led the way on this and was so inventive in creating this legislation. Other countries are now saying “What is Britain thinking about?”, and we are really uncertain as to what the Government are thinking about.

[Lord Morrow (DUP)]

My Lords, I will speak very briefly as a co-signatory to Amendment 96, tabled by the noble Lord, Lord Weir. I suspect it will not surprise anyone in your Lordships’ Committee that I have a real passion about modern slavery. I had the experience on one occasion of meeting a victim, and I listened to a story that I was never prepared for.

What that victim told me about how she was treated was quite horrendous. She was treated as a commodity, with no respect; indeed, she did not even get food, never mind anything else. I have seen some difficult cases in all my years in politics because I have been in it nearly as old as I am; it seems that way. But the day that lady came to Stormont, met me and told me her horrendous story, I said that as long as I live, I will always make an effort to do something, moderately little as it may be, to fight this awful cancer of human trafficking. So it is extremely disturbing, as I said at Second Reading, that the plans of the devolved Administrations and their modern slavery strategies are now undermined by the Bill.

When I first consulted on my Private Member’s Bill in the Northern Ireland Assembly in 2012—it became the trafficking Act in January 2015—it was shortly after the UK had signed the EU trafficking directive, and a significant part of my Bill was to ensure that the rights within the directive could be enacted in Northern Ireland. At Second Reading of my Bill, nearly 10 years ago now, I said that the directive

“makes a number of effective proposals, which, if we choose to put them into law, would have a positive effect for vulnerable victims. Many of the proposals in the Bill directly seek to implement the directive into our law.”


I went on to say that the Assembly

“should seek fulsome implementation of the directive and, indeed, the Council of Europe Convention on Action against Trafficking in Human Beings”.

I believe that the Assembly met that objective when the Act was passed in January 2015. It is therefore with deep regret that, 10 years on from my Second Reading speech, I am seeing that good work being undone, justified by a tenuous interpretation of the European trafficking convention, which the noble Baroness, Lady Ritchie, made reference to earlier—a view which was described as “untenable” by the Joint Committee on Human Rights in its report published at the weekend.

--- Later in debate ---

[Baroness Ludford (LD)]

Before the Minister sits down and the noble Lord, Lord Coaker, jumps up, could I ask the Minister something? Unless I was being inattentive, in which case I apologise, I am not sure that he answered the point raised by the noble Lords, Lord Weir and Lord Morrow, about the Windsor Framework—which is to be known as the Northern Ireland protocol—the duties in it and the application of EU law. He mentioned the trafficking directive and the victims directive. How is the Bill compatible with those obligations in Northern Ireland? If I have got it wrong, the noble Lord, Lord Morrow, will correct me.

[Lord Morrow (DUP)]

I am happy to confirm that the noble Baroness is right.

[Lord Murray of Blidworth (Con)]

My understanding is that the measures are compatible with the Windsor Framework, but I will take that point back to the department and will write to both the noble Lord and the noble Baroness on it.

Illegal Migration Bill

Lord Morrow Excerpts

Committee stage
Monday 5th June 2023 Lords Chamber

[Lord Alton of Liverpool (CB)]

My Lords, the noble Lord, Lord Bach, referred to the effects on the modern slavery legislation. In a sense, just as the noble Lord, Lord Carlile, talked about this being an ouster of judicial review, so, in some respects, it is an ouster of the Modern Slavery Act 2018 as well. Why is this necessary? The Home Secretary says that the system is being abused, to justify removal of the protections for victims of trafficking and modern slavery. In response to that, both Sir Iain Duncan Smith MP, former leader of the Conservative Party, and Theresa May, former Prime Minister, have said in terms that there is no evidence to justify that claim. That is why it is right that the noble Lord, Lord Hunt of Kings Heath, has moved this amendment. He made a terrific speech and I fully endorse and support everything he said.

The amendment seeks to amend the Bill so that potential and recognised victims of trafficking will not be detained or removed before they get the opportunity to submit an application to the national referral mechanism and have it considered. I ask the Minister for one potential exception: if he cannot accept the amendment that has been moved by the noble Lord then, reverting to the previous group of amendments, what about the situation of children in those circumstances? Are they going to be included in a catch-all, or will the Minister accept that there should at least be an exemption for them?

My noble friend Lord Anderson talked about the anticipated report of the Joint Committee on Human Rights. I do not think he will have long to wait for that, but what are already available are the statements given to that committee in public evidence sessions. I was very struck by one, and there is an echo here of something that my noble friend Lord Carlile referred to earlier, which is the personal effects on individuals. We heard in camera from a young woman who had been trafficked into this country and used by a family from the Middle East literally as a modern-day slave. She escaped and managed, dressed just in nightclothes, to find her way to central London where, in Piccadilly Circus, she was helped by a volunteer who introduced her to other members of the Filipino community. I am happy to say that she has been able to make a life for herself as a result of a referral to the national referral mechanism. Take that away from people and what opportunity will they have to make good lives for themselves or to have any kind of safety? At least let us have a disapplication for children and give them the opportunity to be referred through the national referral mechanism.

Finally, since I said I would try to be brief and concise, I would be interested to hear whether the Minister has had a careful look at the Council of Europe Convention on Action against Trafficking and the obligations we are signed up to. Does he recognise the view that has been expressed by many who know far more about this than I do that we will be in breach of ECAT if this goes through in its present form, and also that we are likely to be in breach of Article 4 of the ECHR in its prohibition on slavery? Are those questions that the Minister and his officials are looking at seriously? Have they attached sufficient weight to them? What is his view about the exemption of children?

[Lord Morrow (DUP)]

My Lords, I shall speak briefly to Amendment 19A in the name of the noble Lord, Lord Hunt, and congratulate him on a very informative and excellent speech. I said at Second Reading that the Bill

“should exclude those who are already subjected to abuse through the heinous crime of modern slavery”

and quoted the former Prime Minister, who had said in the other place:

“It has always been important to separate modern slavery from immigration status”.—[Official Report, Commons, 26/4/23; col. 809.]


I said that the Bill was

“using a sledgehammer to crack a nut”—[Official Report, 10/5/23; col. 1902.]

and that remains my position today.

We know that genuine victims will be penalised through the Bill. There are many amendments tabled, either to mitigate the harm, or to seek much more analysis before Clauses 21 to 28 can come into effect. Those will be debated in a later group, and I hope to speak then too. However, Amendment 19A gets straight to the heart of the matter. Clause 4(1)(c) says that the duties to remove people who have arrived by irregular means should apply regardless of whether a person claims to be a victim of modern slavery. Amendment 19A would remove that presumption.

We should be debating whether modern slavery victims should be within the scope of the Bill because that question speaks to our values and our international obligations. Our long-held values have said that these individuals need safeguarding, not penalising. The UK has been seen as a leading light in how it has responded to human trafficking. This Bill would take us significantly down the league table. Overnight, our world-leading reputation has been tarnished because we have decided that to stop the few, our obligations to the majority should cease.

I am sure the Minister will tell us that the Government recognise that these are exceptional circumstances and for that reason have included a sunset clause. Lest we should be reassured by that, let us consider, first, that the sunset clause can be extended. Secondly, in the meantime, thousands of victims will not get support, and will be detained and removed. One of the Council of Europe’s committees said that the Bill endangered victims. We are endorsing that as acceptable. Thirdly, our Article 4 obligations under the European Convention on Human Rights include

“a legislative and administrative framework to prevent and punish trafficking and to protect victims”.

Article 15 makes it clear there is no derogation from this requirement in a time of emergency. But that is what the Government are arguing—that “exceptional circumstances” allow us to wipe away the protections that are in place across the UK for these exploited individuals.

It is no wonder that there are serious doubts about the UK meeting its international obligations. I urge the Government to heed the warnings and rethink, and I commend the amendment of noble Lord, Lord Hunt, to the Committee.

[Baroness Butler-Sloss (CB)]

My Lords, I am co-chairman of the APPG on Human Trafficking and Modern Slavery and I am the vice-chairman of the Human Trafficking Foundation. I bitterly regret not putting my name to the amendment of the noble Lord, Lord Hunt of Kings Heath, which I was a bit slow to read.

I want to make three points. I entirely agree with what has been said already by noble Lords. First, on the point that the noble Lord, Lord Morrow, makes about the Act and the reputation, as it happens, Frank Field MP—now the noble Lord, Lord Field of Birkenhead—chaired a small group of two MPs and myself who advised Theresa May as Home Secretary on whether there should be a modern slavery Bill. More recently, the noble Lord, Lord Field, another MP and I wrote a report on how the Modern Slavery Act had managed over the years. It has already been said that this Bill drives a coach and horses through the Act. It is tragic that it is the same Conservative Government—a different Prime Minister, but the same Conservative Government—who, having put through one of the greatest and most innovative of Acts of Parliament, which was applauded around the world, now choose to behave like this. Of course, it will very adversely affect our reputation, as the noble Lord, Lord Morrow, has just said. That is really very sad.

Violence Against Women and Girls: Stalking

Lord Morrow Excerpts

Thursday 23rd February 2023 Lords Chamber

[Lord Sharpe of Epsom (Con)]

My Lords, first, I commend the noble Baroness for her extensive work on this over many years. As I said in my original Answer, we do not need to add stalking because it is already there. Section 4A of the Protection from Harassment Act 1997, on stalking involving fear of violence or serious alarm or distress, is already in category 2 of the multi-agency public protection arrangements. This means that those sentenced to at least a year for that crime are already subject to active management.

[Lord Morrow (DUP)]

My Lords, I think it appropriate to bring to the attention of the House another form of violence that was perpetrated in Northern Ireland yesterday evening when an attempt was made to murder an off-duty serving officer in the county town of Tyrone, Omagh. I am sure the House will join me in wishing that police officer a full and speedy recovery; we all trust that he makes just that. I commend the noble Baroness, Lady Brinton, for raising this issue today. Are the Government doing enough to ensure the safety and protection of women, who are very often in isolation in the evenings, going about their daily duties? Surely it is time for a campaign to be stepped up to stop this awful behaviour, which I want to see the Government take a greater drive against. Hopefully, we will live to see the day when it is totally eliminated.

[Lord Sharpe of Epsom (Con)]

I join the noble Lord in wishing the officer in Northern Ireland a speedy and full recovery; it is an awful situation. It is clear that the Government’s activity regarding violence against women and girls—VAWG—is extensive. A number of other initiatives have been taken on stalking: for example, the Ask for ANI scheme, which is being piloted in jobcentres and so on. This is a codeword scheme developed by the Home Office during Covid-19 to provide a discreet way for victims of domestic abuse to signal that they need emergency help. Significant funding has been committed to this issue, as noble Lords will be aware, and the Online Safety Bill will also include various measures. Work is both ongoing and dynamic.

Prostitution

Lord Morrow Excerpts

Tuesday 21st February 2023 Lords Chamber

[Lord Sharpe of Epsom (Con)]

Of course, some offences are associated with that already, in particular things such as kerb-crawling.

[Lord Morrow (DUP)]

My Lords, no doubt the Minister is aware that the majority of women who are trafficked are trafficked into the sex trade. He has made reference to the Northern Ireland position; I steered a Private Member’s Bill through the Northern Ireland Assembly on this very subject. Would he be prepared to consider what has happened in Northern Ireland, which endeavours to give much more—if not complete—protection to women who are trafficked into the sex trade?

[Lord Sharpe of Epsom (Con)]

As I intimated earlier, we will continue to monitor the situation in Northern Ireland closely, as well as the other international models such as the Nordic and New Zealand ones, so that work will not stop.

Scammers

Lord Morrow Excerpts

Tuesday 15th November 2022 Lords Chamber

Tabled by

[Lord Morrow]

To ask His Majesty’s Government what advice they provide to people, particularly the elderly, who are targeted by scammers; how such advice is accessed; and at what cost.

[Lord McCrea of Magherafelt and Cookstown (DUP)]

My Lords, on behalf of my noble friend Lord Morrow, and with his permission, I beg leave to ask the Question standing in his name on the Order Paper.

Nationality and Borders Bill

Lord Morrow Excerpts

Consideration of Commons amendments
Monday 4th April 2022 Lords Chamber

[Lord Alton of Liverpool (CB)]

My Lord, as a trustee of the Arise Foundation, a charity that works with people who are victims of human trafficking or modern-day slavery, I have certainly seen at first hand some of the examples that the noble Lord, Lord McColl, outlined to the House tonight. Indeed, in Committee and on Report I was privileged to be a signatory to the amendments that he laid before your Lordships’ House. This evening I will briefly support Amendment 26B, because I believe that he is right that guidance alone is not enough and that something has to be placed on a statutory basis.

I also agree with what the noble Baroness, Lady Hamwee, said in her remarks about Part 5. It has no place in this Bill at all. It should not be in this Bill—it should have been exorcised much earlier. I think all of us have a great sense of regret that it is still there this evening, even more so when we consider that there is a new Act of Parliament waiting in the wings—we are going to get new legislation on this issue. How much better it would be if we did what the noble Lord, Lord Horam, said to us earlier this evening and went through the normal process of consultation with the equivalent of Green Papers and White Papers, and saw the debates we have been having on this part of the legislation as something to prepare us for that legislation when it is laid before your Lordships’ House. It is putting the cart before the horse. The Government have said in their most recent Bill fact sheet on modern-day slavery that they recognise that

“victims of modern slavery may have had periods of high vulnerability and … multiple, complex needs”

or

“experience multiple forms of exploitation at different points in time”.

If that is so—I believe it is—we need the amendment in the name of the noble Lord, Lord McColl.

[Lord Morrow (DUP)]

My Lords, I too rise this evening to speak in support of the Motion in the name of the noble Lord, Lord McColl. I fully supported his Amendment 26 last month and will continue to support him in his work to ensure that victims of modern slavery are given the practical care they need to begin to recover from their abuse.

I am pleased to support his Amendment 26B in lieu, as it is similar to a provision agreed by the Northern Ireland Assembly a few weeks ago to give confirmed victims long-term support. I am proud to say that the Assembly is once again leading the way—it does not always do that—on support for victims, as it did in 2015 when my Private Member’s Bill became the first comprehensive human trafficking legislation in any region of the United Kingdom.

As the noble Lord, Lord McColl, rightly pointed out, this proposal for long-term support in England and Wales is not a new commitment that the Government do not support. They have made it clear they do—but they are not willing to go beyond guidance. I urge the Minister to reconsider. I hope the Government will support the noble Lord’s amendment and not see England and Wales fall behind again.

I put on record my disappointment that the Government have not been willing to move on leave to remain for victims who are not British citizens and who do not have secure immigration status. The intention of Amendment 26 was that victims who are eligible for long-term support would be given temporary leave to remain to ensure that they could remain in the UK to access this support to help them recover from their exploitation, to prevent their retrafficking, and for them to co-operate with police and prosecutors. The need for that leave to remain has come into even clearer focus for victims in Northern Ireland who will now be able to get longer-term support but might not be able to remain in the country to receive it. I hope your Lordships’ House will return to this issue and not forget the needs of victims of exploitation for security and certainty for their recovery. In the meantime, I shall support the noble Lord’s amendment if it is pressed this evening.

Nationality and Borders Bill

Lord Morrow Excerpts

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.

[Baroness Hamwee (LD)]

My Lords, this is another occasion when, from and on behalf of these Benches, I can say that we agree and can edit my remarks down—although not completely. Between us, my noble friend Lord Paddick and I have put our names to all of the amendments, save that of the noble Lord, Lord Alton—nothing was meant by that except that it slipped past us—and we support them all.

The noble and learned Baroness referred to the combination of seeing victims of trafficking through the lens of immigration, as if this is all a single issue, ignoring the trauma and exploitation they have suffered as victims. I add that, of course, not all victims are immigrants. In fact, the minority are, so far as we know —there is a lot that we do not know yet. The Independent Anti-Slavery Commissioner has commented that the Bill creates

“a distinction between victims who are deserving of support and those who are not”,

like deserving and undeserving refugees.

I will go back to trauma, which was referred to by the noble and learned Baroness. There seems to be an assumption that, if a story varies, even in a small detail, from one day to the next, the whole must be a lie. The noble Lord, Lord Alton, mentioned legislating in haste; I say that it is not us who repent at leisure but the victims who suffer hard at leisure.

I am no great fan of using domestic legislation to construe and apply an international treaty—I support Amendment 68A, but I simply pre-empt the point being made against me, referring back to previous amendments. It is a very neat way of not disqualifying victims from protection, other than in very limited circumstances. It is very difficult to see how the Government could oppose the amendment on the best interests of the child, if we are truly concerned about child victims. The noble and learned Lord, Lord Stewart, said in Committee that the Government do not consider that Clause 62 would prevent victims coming forward because of the “discretionary approach”. He said:

“All of us ... want victims of modern slavery to continue to come forward for identification and support, irrespective of their personal circumstances or the circumstances in which they came to be exploited.”—[Official Report, 10/2/22; col. 1877.]

Nationality and Borders Bill

Lord Morrow Excerpts

2nd reading
Wednesday 5th January 2022 Lords Chamber

[Lord Morrow (DUP)]

My Lords, working to see progress in tackling modern slavery has been a long interest and passion of mine. Nevertheless, I have to ask the Government why Part 5, an entire section on modern slavery, has been thrown into this immigration Bill. Immigration and modern slavery are separate issues that require separate responses. To conflate the two is to go against everything that we know about modern slavery and how traffickers work.

The Government have said that at the heart of the new plan for immigration is a simple principle—fairness. There is nothing fair about a Bill that is neither trauma-informed nor victim-centred. The Government seem intent, without any clear justification, on making it harder for victims to be identified. Indeed, I am disappointed that the Government have not published a detailed impact assessment on the effect of the Bill on victims of modern slavery and how that might differ across the regions of the United Kingdom.

I commend the noble Lord, Lord McColl, for his continued work in this area and for championing the Modern Slavery (Victim Support) Bill. I echo and reiterate all that he has said to this House regarding Part 5. I am proud of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act, passed in Northern Ireland in 2015. It was the first comprehensive piece of legislation on this subject to be passed anywhere in the United Kingdom. The very title of that legislation serves to further the point I wish to make:

“Criminal Justice and Support for Victims”.


Justice and support go hand in hand and complement each other.

I welcome Clause 63. It is good to see the Government catching up with Northern Ireland and Scotland, where NRM support has been provided on a statutory basis since 2015. The statutory support available in Northern Ireland is for 45 days, even if a conclusive grounds decision is made in that time. But the recovery period is set at 30 days in Clause 60(3), after which the Government can deport a person who no longer has right to remain. Please will the Minister address this scenario in her remarks: could a victim in Northern Ireland have their support cut short because of deportation?

It is disappointing that there is no provision in Clause 63 for long-term support for confirmed victims of modern slavery once they have exited the NRM. I am grateful that in Northern Ireland we are already a step ahead through the provision of discretionary support to confirmed victims following their exit from the national referral mechanism. Section 18(9) of the human trafficking and exploitation Act provides for discretionary support to be continued following a positive conclusive grounds decision. We are constantly learning more about the needs of victims and we must tailor our response accordingly. I would like to see all confirmed victims in Northern Ireland receive at least 12 months statutory support once they exit the NRM, but that is a conversation for the Northern Ireland Assembly.

That said, only victims who are British citizens or who have received leave to remain—for instance, as an asylum seeker or under the current discretionary leave to remain for victims of trafficking and exploitation—are able to access long-term support in the devolved jurisdictions. This has limited the number of confirmed victims who have been able to access the discretionary support in Northern Ireland and it has meant that individuals who may have received additional support have not done so as a result of their immigration status.

Clause 64 will have an impact on all victims of human trafficking and modern slavery across the UK who are not British citizens. I welcome that the Government have acknowledged the need for a system of leave to remain, but unless it leads to an increase in grants it will not make a significance difference to the well-being of victims. Indeed, I am concerned that the text of Clause 64 will limit the impact of any future extension of support in the devolved Administrations by making current discretionary leave to remain criteria narrower than what is currently in guidance. For instance, any personal needs that might be cause for granting leave to remain under Clause 64 would be only those associated directly with exploitation that has occurred and, even then, leave to remain might not be provided.

There is much more that I would like to say, but, as I look at the Clock, my time is up. I think the Bill needs considerable amendment.

Domestic Abuse Bill

Lord Morrow Excerpts

Report stage
Wednesday 17th March 2021 Lords Chamber

[Lord Morrow (DUP) [V]]

My Lords, I again commend the Government for bringing forward the Bill, as I have done throughout its passage through this House. I thank the Minister for the work that has been undertaken thus far. However, as the tragic events in Clapham so shockingly remind us, speed is of the essence when it comes to changing the attitude of men and boys towards women and girls in our society.

The Minister has been keen to point out that the Government’s own pornography research does not prove causation—how could it? It does demonstrate a clear association between pornography consumption and male aggression and sexual violence, as does other research in the field. In this context, addressing the impact of pornography consumption on male aggression towards women must form part of a credible legislative approach to violence against women and a credible response to the outpouring of stories that we have all been moved by this week.

In recent debates, much has been said about how Part 3 of the Digital Economy Act protects children from pornographic websites through age verification. That is certainly very important because, if Part 3 was in place now, children today would be less likely to be exposed to pornographic websites. It would therefore be less likely that they would move into adulthood with the expectation that violence is a natural part of sexual relationships, with all that this means for behaviour.

However, after the events of last week, it is also important to stress that another feature of Part 3—namely, the regulator’s power to take robust action against websites showing illegal extreme pornography, regardless of age verification—is important, because it will help foster an environment that challenges the normalisation of violence against women. It is a vital change that women and children could benefit from right now, that could have brought huge benefits from last year and, crucially, that could bring huge benefits very quickly, for reasons I will explain, if the Government implement Part 3.

The latest letter on this from the Minister comes with an estimated timetable of between 22 and 27 months for implementing Part 3 of the Digital Economy Act 2017, with a new regulator. This is perhaps the finest example of a cannot-do, rather than a can-do, attitude to emerge from Whitehall since Sir Humphrey Appleby took his retirement. It is deeply problematic for at least two reasons. First, it clearly draws out the process to the greatest possible extent, making it as long as possible. Secondly, it rests upon a strategy that hopes that none of us will be cute enough to spot the elephant in the room.

The truth is that, if the Government were prepared to redesignate the BBFC as the regulator for Part 3 during the interim period, while the online harms Bill is being developed, then women and children would benefit within a matter of months from the very important protections that this House has already sanctioned in relation to pornographic websites. The taxpayer would also see a return on the £2.2 million investment in the steps taken in preparing for implementing Part 3.

The question the Government must answer is this: is bowing to their preference that Ofcom be the regulator, rather than the BBFC, so important that they are prepared to demand that the price for it is that women and children should be denied the protections that this House has sanctioned for them for a period of years? We can argue about how long it might take for the online harms framework to reach the point of implementation, but if we use the Digital Economy Act as a model, we can assume that the time from the arrival of the primary legislation in Parliament to the point at which it and the attendant secondary legislation and guidance are passed will be about three years. Is the Prime Minister prepared to tell the women and children of the United Kingdom that his preference for Ofcom over the BBFC is so great that women and children should be denied these important protections from pornographic websites for some years, even though he can still have Ofcom when the online harms regime comes into play? Is he prepared to ignore Women’s Aid? Are the Government saying that, because they cannot consent to this, we should cease support for this amendment and all those who want implementation now?

I trust that the Prime Minister still has his political wits about him. I trust that he will think better of taking a different position from all these bodies and the noble Baroness, Lady Benjamin, whom the people of this country hold in such high regard. Redesignation would take 40 days, as per Section 17 of the 2017 Act, where it was agreed that we should give the websites three months to get ready.

By my reckoning, if the Government show a fraction of the determination that we saw at the vigil in Clapham on Saturday night, Part 3, with all its protections for women and children, could be in force before this House rises for the Summer Recess. It is my great hope that the Government will do the right thing today and tell the Minister before she gets to her feet that she can announce that the Government will now implement Part 3, so that the noble Baroness, Lady Benjamin, whose leadership on this issue demands our great respect, can withdraw her amendment.

[Baroness O’Loan (CB) [V]]

My Lords, I am pleased to speak today in support of the amendment in the name of the noble Baroness, Lady Benjamin. I am grateful too for the powerful briefings and extensive correspondence on this amendment that I have received from several organisations and individuals.

Like other noble Lords who have spoken, I have seen the Government’s letter of 8 March. I found it unconvincing and I am concerned that there is a danger of completely missing the point of the amendment. As we saw over the weekend, the country is very concerned about attacks on women. I think, too, that we are all concerned about the level of violence against children, and indeed against men, in our society. It is clear that the consumption of pornography is associated with aggression and violence against women, men and children. This is an issue on which we can act today.

Had the Government implemented Part 3 of the Digital Economy Act as planned, we would have had a functioning regulator today. He or she would have been able to take a series of robust actions against any pornographic website showing illegal extreme pornography. We would have seen the introduction of age verification on pornographic websites.

Today, 14 women’s organisations, including Women’s Aid, have written to the Prime Minister asking him to instruct his Ministers to respond to the debate by making a commitment to implement Part 3 of the Digital Economy Act as an interim measure to protect women and children, treating them with dignity between now and when the online harms regime will be ready, probably in three years.

The suggestion in the Government’s letter that

“commencing Part 3 of the 2017 Act as an interim measure would … create a confusing and fragmented regulatory landscape”

is unconvincing; it is also regrettable.

The online harms Bill is not yet before Parliament; it will take time to pass through Parliament and, even if it is passed as suggested and the Government commence implementation immediately, the interim arrangements proposed today would be in place and working for two or three years before it would be realistically possible for any benefit to be experienced through such an Act. That would be years of additional protection before any further legislation was operative.

If providing a greater measure of protection for women and children is a critical issue, as the Government have said, they cannot continue to argue that the legislation that we have passed should not be implemented now, even as work proceeds on developing even better legislation for the future. With child-on-child sexual abuse, we know that between 2012 and 2016 there was a 78% rise in England and Wales. Research from 2017 on preventing harmful sexual behaviour involved interviews with young sexual offenders, asking them what might have stopped them. Their answers included “help in management of pornography”. Implementing Part 3 would do this; it would help to save and protect until new legislation is enacted.

I urge the Government to respond positively to noble Lords who have spoken in favour of this amendment and the many women’s groups that have written to the Prime Minister today, and I shall support the noble Baroness, Lady Benjamin, if she divides the House on this amendment.

--- Later in debate ---

[Lord Parkinson of Whitley Bay (Con)]

My Lords, I hope that my noble friend in her letter, and I in my contribution, explained the reasons why we think it would take so long, because it has been de-designated. As the noble Lord will know, work is already going on in relation to Ofcom in preparation for the online safety Bill which, for the reasons I have outlined, we think better addresses the concerns that he and other noble Lords have raised in this debate.

[Lord Morrow (DUP) [V]]

My question is quite similar. Why is it more important not to have the BBFC and leave women and children with no protection at all for three years? As has already been said, if you used the BBFC, it would just take over three months to have that.

Domestic Abuse Bill

Lord Morrow Excerpts

Committee stage & Committee: 6th sitting (Hansard) & Committee: 6th sitting (Hansard): House of Lords
Wednesday 10th February 2021 Lords Chamber

[Baroness Eaton (Con) [V]]

My Lords, I am pleased to speak in support of Amendment 177A, so ably proposed by the noble Baroness, Lady Benjamin.

Protecting children from pornographic websites is no less important now than it was in 2015, when the seminal Conservative manifesto commitment was made to

“stop children’s exposure to harmful sexualised content online, by requiring age verification for access to all sites containing pornographic material”.

Similarly, protecting children from pornographic websites is no less important now than when the Digital Economy Bill became an Act of Parliament in 2017.

The noble Baroness, Lady Benjamin, and others have eloquently covered many points I wished to make, and therefore I will not repeat them. However, I would like to make two points.

First, in understanding the full significance of Amendment 177A, it is important to see it as an investment to reduce the incidence of domestic violence in the future. A significant proportion of online pornography depicts sexual violence, and if Part 3 of the Digital Economy Act is not implemented, under-18s will be exposed to this content and will conclude that violence is a normal part of sexual relationships. This will, in turn, inevitably impact behaviour, not only among under-18s now but as they grow into adulthood. Protecting children from access to this pornography is not just about impacting them today; it is about impacting their development because of the consequences that it will reap tomorrow, when they are adults, in levels of domestic violence.

Secondly, I observe that the challenge we face is not unique to the UK. A US survey of 2,227 men and women aged 18 to 60 years old, published in 2020, found that

“the associations between pornography use and sexual behaviors was statistically significant. … Clinicians need to be aware of recent potential shifts in sexual behaviors, particularly those such as choking that may lead to harm.”

The authors also said:

“We were struck that one-fifth of women … reported having been choked as part of sex.”


In this context, it seems the 2015 Conservative manifesto was ahead of its time.

[Lord Morrow (DUP) [V]]

My Lords, I am pleased to speak in support of Amendment 177A. Along with other speakers, I was not at all reassured by the Minister’s letter in which she confirmed the central concern that many noble Lords set out on Second Reading; namely, that unlike Part 3 of the Digital Economy Act, which equally engaged user-generated and non-user-generated content on pornographic websites, the online safety Bill will narrow its concern to user-generated content. I also thought the Government’s response rather missed the point that I and other noble Lords sought to make on Second Reading. What the Minister wrote was couched in the terms of the original Digital Economy Bill debate. Those concerns are of course important, but are not the presiding context of this debate.

The point made at Second Reading and, indeed, today is very much about the fact that much online pornography depicts sexual violence, including the rough sex practice that is the subject of Clause 65. In this context, the key point is that if Part 3 is not implemented, under-18s will be exposed to pornographic material on pornographic websites, including depictions of rough sex, and this will foster the thought that sexual violence is just part of the norm of sexual relationships. Moreover, and crucially, this will not only impact on under-18s as under-18s, but shape their thoughts and attitudes as they move into adulthood, making sexual violence and domestic abuse more likely.

In this context, the key problem with the Government saying that we should abandon Part 3 of the Digital Economy Act in favour of an online safety Bill that will target only user-generated content is the fact that depictions of sexual violence occur in non-user-generated pornography as well as in user-generated pornography. We must target, as Part 3 of the Digital Economy Act does, both user-generated and non-user-generated content on pornographic websites.

In this regard, it is interesting to note that Savanta ComRes polling from last September showed that 81.5% of people in Northern Ireland thought that the Government should implement Part 3 immediately and simply add additional protections in relation to other online harms when the online safety Bill is passed. The UK figure was 74% if the “don’t knows” were removed. It is not hard to imagine what would happen if that polling was repeated today, presenting people with the fact that the Government are seeking not only needlessly to delay the provision of protection for children from pornographic websites, but to narrow that protection down to pornographic websites with user-generated content.

My concern at the Government’s failure to engage with Part 3 from the perspective of the presenting issue in this Bill is greatly compounded by the fact that the letter inexplicably makes no reference to the two reports that the Government published on 15 January that highlight the connection between pornography consumption and behaviour, including male sexual violence. I very much hope that when the Minister responds to this debate she engages with Amendment 177A and Part 3 from the perspective of the domestic violence concern that informs our discussions today.

There are two other things about the Minister’s letter that cause me real concern. First, it contains the statement:

“Under our proposals, we expect companies to use age assurance or age verification technologies to prevent children from accessing services which pose the highest risk of harm to children, such as online pornography.”


This is a very clear shift from the previous language “we will require”, which is the essence of legal compulsion. Why the change?

Secondly, the letter’s final paragraph states that the online harms Bill will be more robust than the DEA because it will cover not only extreme pornography. Part 3 of the DEA was never just about protecting under-18s from extreme pornography or pornographic websites. It was about protecting them from all pornography on pornographic websites, that which is legal as well as that which, like extreme pornography, is illegal. If I have misunderstood what the Minister means by the final paragraph of the letter dealing with pornography, will she please explain when she responds to the debate?

One of the other concerns that I have about the idea that the online safety Bill would be better than Part 3 of the Digital Economy Act at protecting children from material that normalises sexual violence relates to enforcement. When the Digital Economy Bill was introduced, the primary means of enforcement was through fines. However, Parliament pointed out that of the 50 most popular pornographic websites in the UK, none was based in the UK and that enforcing fines in other jurisdictions would be impractical.