Modern Slavery Bill

Debate between Lord Patel and Lord Bates

Monday 8th December 2014 Lords Chamber

[Lord Bates]

I think that what I am getting at there is self-evident. If you extend the service of child trafficking advocates, clearly there is a cost implication. I was not suggesting at any stage that that was in any way an argument for or against. I was simply saying that it ought to be taken into account before we embark on an extension of the scheme. I am happy to write and come back on that, with further information about the basis of our assessment.

On the points made by my noble friend Lord McColl, it is intended that the functions and role of advocates in any national scheme will be set out in regulations. This will give the advocates the desired legislative basis without forcing us to make decisions about their role prior to the outcome and evaluation of the ongoing trial. The Delegated Powers and Regulatory Reform Committee accepted our approach—a point I have already made. We accept that a different approach has been taken in Northern Ireland, where an advocates scheme has not been trialled prior to setting out details of it in the Bill. It is our position, however, that the detail of advocates’ roles covered in the Northern Ireland Bill can be covered in our regulations, should this be supported by the findings of the ongoing trial. This takes in the point made by the noble Baroness, Lady Royall, when she said that there was a description effectively set out in the Northern Ireland legislation; that could be taken into account. We know that the pre-legislative scrutiny committee acknowledges that there is no one-size-fits-all in terms of advocacy schemes.

This is worth underscoring briefly. We accept that this is not a homogeneous group. This is not a group of people who have had similar experiences or who have similar needs. They are a very heterogeneous group and have different needs that must be addressed. That ought to be taken into account. The report highlighted that the Scottish system, which works very well without any legislative basis, would not necessarily translate well into England and Wales because of the different circumstances regarding trafficked children in different areas.

While we are concerned about child victims of modern slavery, the current trial and the provision in the Bill are focused on a particularly vulnerable group—namely, trafficked children. We know that trafficked children need to receive consistent support and protection to avoid them going missing and being retrafficked. We agree with my noble friend that the Bill is not the appropriate place for measures to extend the provision of advocates to all unaccompanied children, given its specialist focus on modern slavery.

I have dealt with the points raised in particular by my noble friend Lord McColl. I am aware that other points were raised. As I said when we discussed previous amendments, we will reflect on those points very carefully. I am sure that my noble friend Lord McColl, who accurately anticipated my response to his amendment, will probably tell us that he wants to revisit this issue later in our proceedings—which of course is his right. Perhaps in the interim we could have more discussions about how we can ensure that these child trafficking advocates work in the best way possible. We might also be able to share some interim findings from the trial that started in September, which would help inform the debate. With those assurances, I ask the noble Lord to consider withdrawing his amendment.

[Lord Patel]

My Lords, I pay tribute to my friend, the noble Lord, Lord McColl, and to the noble and learned Baroness, Lady Butler-Sloss. I paid tribute to them at Second Reading but do so again. We all know how hard both of them, particularly the noble Lord, Lord McColl, have worked for years for this Bill.

I thank those who supported my amendment—namely, the noble Baronesses, Lady Lister of Burtersett and Lady Kennedy of The Shaws, and the noble Earl, Lord Listowel. I understand the difficulties of including all separated and unaccompanied children in the Bill. However, I was trying to emphasise that we have enough evidence to suggest that separated children are very much at risk and often end up being trafficked or becoming involved in modern slavery: for example, the example I gave of child T. It would be a great shame if a Bill on modern slavery ended up excluding this group of very vulnerable children, for whom we have to find a solution in due course. However, I recognise the complexity of involving all unaccompanied children.

As the Minister rightly said, the central amendment in this group is Amendment 86H under the lead name of the noble Lord, Lord McColl. My name was added to that amendment, but the vagaries of communication over the weekend and of the printing of the Marshalled List meant that it was not included.

In summing up, the Minister said it was likely that the noble Lord, Lord McColl, would wish to revisit the issue. I noted that the noble Lord nodded enthusiastically, so the Minister was left in no doubt that he and those who support the amendment, including me, will return to it at a later stage.

The vagaries of the House procedures do not allow the noble Lord, Lord McColl, to thank all those who supported him, but I do so on his behalf. With that, I beg leave to withdraw the amendment.