Illegal Migration Bill

Debate between Lord Randall of Uxbridge and Baroness Meacher

Committee stage
Monday 12th June 2023 Lords Chamber

[Baroness Meacher (CB)]

My Lords, I shall speak briefly, but I hope strongly, to support the intention of the noble Baroness, Lady Hamwee, to oppose the question that Clause 21 stand part of this Bill. We have had a very long debate and incredibly powerful speeches, particularly, if I may say so, from the noble Lords, Lord Coaker and Lord Carlile, spelling out the immense importance of all the amendments in this group. I do not need to repeat any of those arguments.

I want to mention Frank Field—my noble friend Lord Field. I saw him today; we know he is dying. He was incredibly important in the passage of the modern slavery legislation, along with the noble and learned Baroness, Lady Butler-Sloss, who unfortunately cannot be here today, and the former Prime Minister Theresa May. He said to me today, “Please explain and set out that if all the amendments in this group are passed, yes, they would indeed provide important protections for the victims of modern slavery and trafficking; but please spell out that this would not be sufficient. There will be the most appalling abuses of these most vulnerable of victims unless Clause 21 does not stand part of this Bill”.

[Lord Randall of Uxbridge (Con)]

My Lords, I start by declaring an interest as the deputy chair of the Human Trafficking Foundation. Following on from the noble Baroness, Lady Meacher, I will say that the first time I investigated this matter was when I served on a committee with the noble Lord, Lord Field, when he was in the other place, as was I, as well as with the noble and learned Baroness, Lady Butler-Sloss; so my interest in this goes back 10 years. I apologise to noble Lords for my absence during Second Reading because of ill health. If there was ever an incentive to get back to health, it was so that I could speak on this part of the Bill.

I will speak in particular to Amendment 86 in my name and those of my noble friends Lord McColl of Dulwich, Lady Helic and Lady Stroud, to whom I am grateful. The purpose of this amendment is simple: to allow modem slavery victims exploited in the UK to continue to receive temporary support and protection from removal under current laws, enabling more of them to engage in prosecutions. It does this by exempting victims exploited in the UK from the Clause 21 disapplication of the statutory recovery period and access to temporary leave to remain for confirmed victims.

If we do not amend Clause 21 we will be restricting access to modem slavery support, but it will not stop the boats. It will remove support and protection from many genuine slavery victims who have been exploited on our shores, and will make prosecuting criminal gangs harder, as we have already heard. Human trafficking is distinct from people smuggling and its victims are first and foremost victims of crime.

Few modern slavery victims arrive by small boat. As I think we have already heard, only 6% of small boat migrants were referred to the modern slavery national referral mechanism; that is, 2,691 individuals in 2022 compared to a total of 12,753 NRM referrals for non-UK nationals. A majority of potential victims referred to the NRM are exploited in the UK in full or in part, and most of those are non-UK nationals—58% in 2022. Modern slavery is happening in communities up and down the UK. Thousands of men, women and children are victims of labour exploitation—whether, for example, in agriculture, manufacturing or nail bars—as well as sexual exploitation and criminal activity such as county lines drug dealing.

Many of these people are likely to have arrived in the UK illegally within the terms of this Bill, whether by small boat, by lorry or with leave obtained through deception such as false documents—including deception by their exploiter. Instead of being given temporary protection in the UK, these victims will now be subject to removal and detention under this Bill and will be denied access to the statutory 30-day recovery period of support for modern slavery victims. Victims will simply be driven even further underground by the fear of deportation and trapped in the arms of their abusers. Criminal gangs will be free to continue exploiting these people and the job of the police and prosecutors will be made far more difficult, as victims’ vital evidence will be lost.

Why is this amendment needed? Victims of modern slavery experience inhumane torture and abuse. They are deprived of their liberty and dignity. Those exploited and abused on British soil, whether UK citizens—an increasing number of UK citizens are victims of modern slavery—or foreign nationals, deserve care and a chance to recover. We cannot leave them to suffer exploitation and abuse in the hands of their traffickers just because they were brought into the UK illegally. I ask my noble friend the Minister: has he ever met a victim to hear their harrowing tales? I say to my noble friend that, when I have had the opportunity to meet some of these people—it is not easy, for obvious safeguarding reasons—you realise what a terrible crime it is and what a terrible thing we are potentially doing with this clause.

Victims hold the key against their perpetrators. Failure to support victims not only increases retrafficking rates, but also hinders our ability to dismantle the criminal networks managing the abuse because their vital evidence and intelligence is lost. We cannot allow unscrupulous criminals to get away with impunity, poisoning our own communities.

Prosecution and conviction rates are stubbornly low. In 2022, there were just 194 convictions for Modern Slavery Act offences in England and Wales on an all-offence basis. Yet since 2017 there have been thousands of NRM referrals every year for modern slavery occurring in the UK. In 2021, the National Crime Agency’s threat assessment said:

“It is likely that at least 6,000 – 8,000 offenders are involved in the exploitation of people in the UK”.


Evidence from the Centre for Social Justice and Justice and Care shows that, with appropriate, consistent support, more victims engage with investigations and prosecutions, providing vital information that brings criminals to justice. But support needs to come first to create stability and confidence. We need to ensure that victims of slavery exploited in the UK can continue to receive support and protection from removal during the temporary, statutory recovery period. This will ensure that victims can still have the confidence to come forward.

In response to a similar amendment tabled in the other place by my right honourable friend Sir Iain Duncan Smith, and supported by my right honourable friend Theresa May, the Immigration Minister said:

“we will look at what more we can do to provide additional protections to individuals who have suffered exploitation in the UK”.—[Official Report, Commons, 26/4/23, col. 781.]

Can my noble friend the Minister give us some more information about the intended additional protections? I could perhaps suggest he just accepts my amendment. Have the Government consulted the Crown Prosecution Service and the police about the likely impact of Clause 21 on investigations and prosecutions and the burden it will place on their staff?

My noble friend the Minister may come up with some points. He will possibly say that people will make false claims of being exploited in the UK to bypass deportation. However, as we have already heard, a victim cannot self-refer with a claim of modern slavery. Referrals can be made only by official first responders who suspect the person is a victim. In 2022, 49% of referrals were made by government agencies, most from UK Visas And Immigration and from Immigration Enforcement. Only 6% of referrals were made by NGOs. The rest were from other statutory services. Training and guidance for the staff making referrals, particularly those in Home Office agencies, should prevent inappropriate referrals being made.

Domestic Abuse Bill

Debate between Lord Randall of Uxbridge and Baroness Meacher

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

[Lord Randall of Uxbridge (Con) [V]]

My Lords, it is an honour to follow two such experts in this field as the noble Baroness, Lady Greengross, and the noble Lord, Lord Hunt of Kings Heath. I pay tribute in particular to all the work that the noble Baroness has done over the years. In fact, it was her speech at Second Reading, reminding me of the problems connected with elder abuse in reference to domestic abuse, that gave me the inspiration to jointly sign this amendment with the noble Baroness, the noble Lord, Lord Hunt of Kings Heath, and the noble Baroness, Lady Meacher, who will follow—all of whom have much more expertise in this field that I do. I am not entirely sure that elder abuse of the kind that has been discussed—particularly, as the noble Baroness, Lady Greengross, mentioned, among dementia sufferers—is given quite the same impetus as in other forms. I feel strongly that we should be looking at this.

I will not detain the Committee long. There are many other speakers with much more expertise in this field. I have discovered that provisions similar to those suggested in these amendments already exist in Scotland and Wales. It seems strange that we do not follow them in England. I would be interested to hear my noble friend the Minister explain why the Government cannot accept these amendments. Call me psychic, but I have a feeling there will be some reason why not. I urge the Government to accept them. If not, perhaps they could come back on Report. Let us take this issue as seriously as we all agree it should be.

[Baroness Meacher (CB) [V]]

My Lords, I support Amendments 165 and 166. I thank the noble Baroness, Lady Greengross, for her tireless work over so many years, as other noble Lords have done. I thank her too for tabling these amendments and for her excellent introductory remarks. She knows so much about these issues.

Abuse against older people is widely assumed to be a problem in care homes. In reality, the vast majority occurs in the elderly person’s home and the perpetrators tend to be family members. Too often, one of the offspring happens to live near the surviving parent, as happened in my family. This person finishes up taking on the care responsibilities. Often the relationship between the two—the elderly person and the slightly less elderly person, who may also be elderly—can have been quite problematic for many years. The fault may lie on either side, or the word “blame” may be completely inappropriate. The child, who may be aged 60 or even 70-plus, can find themself having to do all sorts of personal and unpleasant jobs, day after day for many years. Generally, there is no financial reward, although this may be irrelevant. It is not surprising that resentment can build up and there is abuse in some form or other.

My only comment on the wording of Amendment 165 is that I should prefer the reference to reporting to be limited to a social worker and not to include the police. I do not want to speak against police officers. They can be good and sensitive in these situations. However, in my experience, relationship conflicts are generally best handled with empathy on both sides, rather than with an immediate reaction based on victim and perpetrator. Of course, if a crime has been committed, the social worker could—and would—report the situation to the police. This option is available, but I worry about the police becoming involved too early when it may not be appropriate. If the Government accept the amendment, I should like to see guidance that makes it clear that intervention will need to be made with an open mind to the position of both parties.

I also support Amendment 166, which provides for a registered social worker to be given a legal right of entry if they suspect domestic abuse of an elderly person in their own home. Many years ago, I practised as a psychiatric social worker. We had powers of entry. I never used them, but I am aware that, where people are frightened of the authorities and may prevent access, the only way to provide the much-needed help is to explain that you have the legal right of entry and, if necessary, would involve the police. There is then no question about it: as I understand it from colleagues, the door is then opened, and you can begin to make progress.

Oh dear, I seem to have lost my sound.