Brexit: UK-EU Movement of People (EUC Report)

Lord Stunell Excerpts

Monday 17th July 2017 Lords Chamber

[Lord Stunell (LD)]

I am delighted to contribute to this debate. I thank the committee for its diligent work in bringing forward this report, which brings into plain sight many of the issues and concerns which certainly ought to be important to Members of this House but even more so to those outside it, who wait very anxiously to see what the next 19 months of negotiation will produce.

I speak not only to the report but also draw attention to a report launched last week by the All-Party Parliamentary Group for Excellence in the Built Environment, entitled Building on Brexit, which looks particularly at the implications for the construction industry and those who depend on it. I very much commend that report to the Minister and the department. Indeed, I think that several departments would benefit from seeing the evidence that has been brought forward. I need to declare that, rather too generously, the authors of that report have credited me with participating in it. Be that as it may, I certainly commend what it says.

I focus particularly on chapter 4 of the EU Committee’s report, which relates to EU migration for low-skilled work. The noble Baroness, Lady Prashar, skilfully brought out the way in which the Government have discriminated in favour of what is determined high-skilled as opposed to low-skilled work. She made the point—as does the report—that that distinction seems to be unnecessary and is potentially confusing and damaging. The Government have a clear view that high-skilled migration may be desirable but low-skilled migration is undesirable. The problem, of course, is that there is a very poor correlation between skill and pay. The point is made in the report that nurses are low-skilled according to the criteria currently used. That is why they have needed to be considered as belonging to a shortage occupation rather than be dealt with as highly skilled and highly desirable workers. Recognition of that is very important. I therefore hope that the Government will consider the fact that in many industrial sectors—the construction industry is certainly one—pay levels do not give a good guide to skill levels; therefore the skills versus unskilled argument is not appropriate.

The National Farmers’ Union gave evidence to the committee, which is reported, that the strawberry crop in the United Kingdom was at risk unless there was a freedom to permit EU 27 migrants to come and pick it. It made the point that 50% of strawberries in the UK are now homegrown—or rather, farmgrown—and that that could be at risk if that migration was not permitted. I do not know whether pressure from the All-England tennis club or from Buckingham Palace will mean that special arrangements will be made; I rather suspect that they will, because we have heard Ministers comment quite favourably about the need to accommodate the horticultural sector in the final agreement.

That brings me to the second report I referred to: Building on Brexit. The construction industry does not pick strawberries—it builds houses. It is responsible for flood prevention works, the schools expansion programme—we have just had a Statement saying that further schools are proposed—and there is a prison-building programme and HS2. In fact, £500 billion-worth of infrastructure work of one sort or another is in the pipeline. KPMG has estimated that to deliver this, the construction industry is required to expand by 35%. Who delivers it? It will be delivered by a 2.9 million-strong workforce in every part of the country, comprising 8% of GDP, which is bigger than aerospace and vehicle manufacturing put together. In other words, construction is a strategic industry, and it is being taken for granted. It does get a mention in the committee’s report, but, even so, somewhat marginally. It currently employs around 200,000 workers from the EU 27, and if those no longer come, that will lead to a 7% reduction in capacity. So, at a time when government projects and policies are looking for a 35% increase in construction’s capacity, the consequences of a hard Brexit would be a reduction in capacity of 7%. The Federation of Master Builders, in Building on Brexit, is recorded as saying that at the moment, 58% of its members—small builders, building houses around the country—are already having difficulty recruiting bricklayers, 57% are having difficulty recruiting carpenters, and 32% are having difficulty recruiting electricians, and that is pre-Brexit. Barratts, the major housing developer, which employs 4,500 people in London on a housing programme which is desperately needed, says that 57% of its workforce in London is from the EU 27.

There are course opportunities—I was interested to hear what the noble Lord, Lord Trees, had to say about vets—for recruiting, retraining, mentoring and developing a UK workforce. However, some of the work there is far from advanced. One of the figures that was recorded in the second report is that 90% of trainee bricklayers never get round to working in the building industry laying bricks. So there are some fundamental problems, which have to be dealt with on quite a lengthy timescale and which cannot be dealt with in the next 19 months. The RIBA reports that 25% of architects registered in this country are from the EU 27. It is not a solely a question of those working on the sites.

The gender balance in the construction industry is very poor—about 9% are female. However, probably not too many of your Lordships would recommend your 16 year-old granddaughter to take up a life in the construction industry, although you might recommend them to be a vet, judging by what we have heard so far. At a time of practically full employment—here I wonder where the noble Lord, Lord Green, thinks things will be going—it is extremely difficult to see how the construction industry in the short term will have either the appeal or the capacity to grow using UK manpower and personpower.

There are deep problems with regard to skills and development, which are for another day. But I will press the Minister on one or two key points with regard to how the migration system might be developed over the next couple of years. First, if you need an evidence base, some things have to happen if you want 1 million homes and all those other projects. Does the Minister accept that construction is a strategic industry? This will be about how key government policy objectives are delivered, and without it flourishing, those objectives cannot be delivered. If we do not have enough strawberry pickers, we can import the balance, and if there is not enough investment in the car industry, we can import them from elsewhere. But if you want more houses, you have to have bricklayers and carpenters in this country, building the homes that are needed. Of course, we all know that Brexit will lead to an “export-led economic boom”. I do not know whether that is in the same category as the £350 million. But let us take that at face value and say that that means more laboratories, factories, warehouses, ports, roads and rail investment. Where will all that come from? It will come from the construction industry, which looks like it will be shrunk by 7%, when there are already objectives which require it to increase by 35%.

Does the Minister agree that construction cannot be left in the third tier of industrial sectors of minor importance when it comes to getting Brexit deals and policies? If she accepts that it is a strategic industry and that it must be pushed up the priority level, does she also recognise that special action will be needed to safeguard and deliver it? That includes safeguards for the workforce that is already in this country, allowing construction firms to rotate people in and out—you do not necessarily work for two years on one project, as there are all sorts of different ones—making sure that the shortage occupation list properly reflects the needs of the construction industry, probably changing the income threshold at least, and certainly not moving towards a tier 2 visa system where an extra £1,000 or £2,000 per year premium will be placed on every person employed in the industry, and where, as the evidence in the EU report says, three to eight months is a normal delay to expect when an application is put in. Will the Minister encourage her Government to work with industry on a massive training package of recruitment, training, mentoring and retention to make sure that in the longer term the construction industry can go on delivering what is needed?

Finally, can the Minister say when she expects the Government to respond to the Farmer review, which looked at many of these structural issues in the construction industry, and when she intends to see the Morrell report on the construction industry training board published? Both of those are part of the longer-term solution which is so urgently needed as well. I do not say that Brexit is the cause of the construction industry’s woes at all, but it has brought into sharp relief the need to do something very quickly to stop government policies simply running aground as the construction industry shrinks.

Greater Manchester Combined Authority (Fire and Rescue Functions) Order 2017

Lord Stunell Excerpts

Tuesday 21st March 2017 Grand Committee

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, I shall speak also to the Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017. These orders give effect to the policing and fire elements of the devolution agreements between the Government and the Greater Manchester Combined Authority.

With the Committee’s permission, I will turn first to the Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017. The purpose of this order is to make detailed provision in relation to the transfer of responsibility for police and crime commissioner functions in Greater Manchester from the Greater Manchester police and crime commissioner to the directly elected mayor of Greater Manchester.

The transfer of these functions to the elected mayor will preserve the democratic accountability already established under the police and crime commissioner model. It will also join up oversight of a range of local services, including fire and rescue, opening up opportunities for broader collaboration. This is a chance to build on the strengths of the PCC model. The order requires that the elected mayor must personally exercise the core strategic functions of setting the police and crime plan, take decisions on chief constable appointments and set the policing component of the combined authority precept.

To provide additional leadership capacity, the order enables the elected mayor to appoint a deputy mayor for policing and crime, to whom certain police and crime commissioner responsibilities may be delegated. The order also requires that a new police and crime panel be set up. This panel will scrutinise the decisions of the mayor in respect of the exercise of their PCC functions in much the same way as the current panel does in relation to the police and crime commissioner. This order has been developed in consultation with the Greater Manchester Combined Authority and the Greater Manchester police and crime commissioner, and the combined authority and its constituent councils have given their consent.

I will now turn to the Greater Manchester Combined Authority (Fire and Rescue Functions) Order 2017. The purpose of this order is to transfer the responsibility for oversight of fire and rescue functions from the Greater Manchester Fire and Rescue Authority to the Greater Manchester Combined Authority, with these functions to be exercised by the directly elected mayor. Transferring oversight of fire and rescue functions to the mayor will provide direct electoral accountability for the provision of this key public service. It should also facilitate closer working with other local partners, including the police. This is obviously consistent with our desire to encourage greater collaboration between the emergency services.

The order permits the mayor to delegate certain responsibilities to a fire committee, to be formed of members from the constituent councils of the Greater Manchester Combined Authority. The committee is intended to assist the mayor in carrying out their fire and rescue functions. At the same time, the order identifies a number of fire and rescue functions as strategic to the delivery of fire and rescue. These functions must be personally exercised by the mayor and shall not be delegated. These strategic functions include approving the local risk plan and fire and rescue declaration in accordance with the fire and rescue national framework, and approving contingency plans under the Civil Contingencies Act 2004. The elected mayor will also remain personally responsible for decisions relating to the appointment of the chief fire officer. Scrutiny of the mayor’s exercise of fire and rescue functions will be undertaken in line with the arrangements for non-PCC functions.

The changes to be made by this order have been endorsed by the people of Greater Manchester in a public consultation conducted by the combined authority. The order was developed in close consultation with the Greater Manchester Combined Authority and has been formally consented to by the combined authority and its constituent councils. I commend these orders to the Committee.

[Lord Stunell (LD)]

First, I thank the Minister for her introduction to these orders. I agree with her that there has been wide consultation and that it is appropriate for this Committee to bear that in mind when reaching its decision in what I hope will be only a few minutes’ time. I should declare a residency qualification, in that I live in Greater Manchester and for 18 years I was an MP for one of the 27 constituencies. For eight years, I was a member of one of the 10 constituent borough councils—and, to complete the full set, I was a Minister in the Department for Communities and Local Government when the combined authority order was set up in 2011. I know that the city deal that flowed from that was widely welcomed across Greater Manchester, along with the steps that have been taken since to ensure that additional resources—funding what has traditionally been central government, Whitehall-directed services—will be put into the hands of the combined authority from the start of the new regime in May.

The progress made so far has been much envied and imitated around England, where a steady stream of visitors from other cities and for that matter rural and shire areas have been received by the combined authority, asking it how the model has been developed and how it can be copied. All that is positive and very much a direction of travel that my parliamentary colleagues and I believe is right, with more decision-making and discretion over the delivery of public services in a given area in the hands of those who live there and are elected from there.

I have a concern about the mayoral model, but that particular ship has left port. A loss in cross-authority representation and accountability flows from that, but these orders do something to combat or respond to that. Certainly, to replace the police and crime commissioner —somebody who, for all his qualities, was elected on a 14% turnout across Greater Manchester—with somebody elected to be mayor of the combined authority, and with a much more significant and wider role in the delivery of public services, is almost bound to increase the visibility and accountability of the person carrying out that role. I welcome that, as do the constituent authorities.

The police and crime panel, to which the Minister referred, is seen as a way of maintaining or improving the police service’s accountability. There is a way to go in that regard; it is to be hoped that a more visible mayor’s being in charge of the police service may lead to the panel having more visibility and capacity to keep control, or a proper oversight of that service. Nevertheless, it is a good thing to see that incorporated in the proposals.

As for the Greater Manchester Fire and Rescue Authority, there is no equivalent commissioner but rather control by representatives of the 10 local authorities, and there is no doubt that the new arrangements will give more visibility to the leadership of that service. In the longer term, bringing the police and fire services under common management must be a better way to provide a coherent and integrated service. Indeed, my one question to the Minister relates to that. Today, the Care Quality Commission has produced a report on independent ambulance services. The ambulance service in Greater Manchester is provided by an independent body based in Blackpool. Bearing in mind that these orders bring together two of the blue light services in Greater Manchester—and particularly in view of the critical nature of that report, but more generally in any case—have the Government looked at ways the blue light services in Greater Manchester could be brought together? Again, I remind the Minister that the combined authority in Greater Manchester will be taking over a significant amount of NHS commissioning for future years—a step that I very much favour.

With that sole question to the Minister—I dare say she is not equipped to answer it off the top of her head; perhaps she would like to write to us about bringing together the three blue light services—I am certainly happy to support these orders.

[Lord Smith of Leigh (Lab)]

My Lords, I declare my interest not merely as a member of the combined authority and leader of Wigan Council; I am in a position to answer the question asked by the noble Lord, Lord Stunell, on ambulance services because I chair the Greater Manchester health partnership board. The orders are very interesting. I have yet to see in the manifestos of either of the two main mayoral candidates what their policies are on the docking of working dogs’ tails. That obviously is an important consideration.

I not only thank the Minister for introducing the orders, but welcome the fact that the Government have put them together. To add to the points she raised, it is not just about bringing together the blue light services, which is important. We need to see police and fire as part of general public service reform. Many of the issues the services face are related to the fact that people have problems across their lives. We need to get the police and fire services engaged in the work we are doing in Greater Manchester across a wider range of public services, not just in blue light services.

The answer to the question asked by the noble Lord, Lord Stunell, is that the arrangements are currently handled through Blackpool but they are coming back to Greater Manchester. We asked for ambulance service commissioning to come back to Greater Manchester because, as we are now a devolved health area, we need to do this rather than working through CCGs in Blackpool, for example.

There are actually two panels that look after the PCC in Greater Manchester: the scrutiny panel, made up of members of the authorities, and the combined authority itself. We will need to find a mechanism to continue that work, because it is important that the work of the police and crime commissioner, whether exercised by the mayor or anybody else, has consent across the whole of Greater Manchester on major issues.

It may be my ignorance, but the documentation does not make clear the deputy’s role. I would hope that the mayor would appoint a deputy. He or she will have a lot to do generally and we need to supervise what is going on in the police service. A day-to-day role in running the police service would be too much for anybody, and the same is true for the fire service. I hope we will set up the committee to run that, but we need to understand the role of the deputy and how answerable they will be to various public bodies.

As the Minister is probably aware, I regret that the PCC can implement the Greater Manchester precept without really consulting the 10 authorities. That needs to be changed. Unfortunately these orders do not do that; they roll it on. It is also not clear in the fire order whether the fire precept will need to go to the combined authority for approval, or the mayor will simply make a recommendation and we will not have any control over it. There has been a little dispute this year about how much the fire precept should go up by. With the representative of Trafford, I was on the losing side of that argument but we need to do that.

As the Minister said, we consulted on this across Greater Manchester. We welcome the changes. It will be an interesting challenge to have a mayor with the combined authority but I am sure we can all make it work to ensure proper devolution across Greater Manchester.

Modern Slavery Bill

Lord Stunell Excerpts

Tuesday 17th March 2015 Commons Chamber

[Mr Hanson]

There is the National Crime Agency, there is legislation against abuse and, as Kalayaan has said, there is a large number of overseas domestic workers who are currently not paid a penny. If the hon. Lady found somebody who had left their employment, was able to untie their visa and move on and who could still pass on reports on the national minimum wage or other issues to the National Crime Agency, the Lords amendment would not stop that aspect being enforced. There is a national minimum wage now and it should be enforced. There is a National Crime Agency if people are undergoing abuse. The amendment would allow people to switch employers and ultimately, if they wished to do so, make a report and recommendations to a proper authority. At this point we need to get to the basics of how to untie the visa so that individuals can leave and avoid abuse.

[Sir Andrew Stunell (Hazel Grove) (LD)]

The evidence that we took in Committee was that these are very frightened and vulnerable people who will run a long way from the authorities. Does the right hon. Gentleman think there is some merit in a mechanism whereby, if they require to take advantage of the concession, they are also required to clock on, so to speak, with the law enforcement agencies?

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[Karen Bradley]

Thank you, Madam Deputy Speaker. I am grateful that you have given me the House’s leave to respond to the points raised.

I am grateful to all right hon. and hon. Members who have spoken in the debate. I know, as do we all, that there is a shared desire across this House and the other place to protect all victims of modern slavery. I will endeavour to address as quickly as I can the specific concerns raised, but I first want to note the point made by my right hon. Friend the Member for Meriden (Mrs Spelman) about the pre-legislative scrutiny committee’s various recommendations. She made the important point that the vote and recommendations for the committee took place before the Bill was published and the Government amendments were framed—before the review was announced and before the amendment in lieu we are debating today. I want to put on record my thanks and to pay my tribute to the members of the pre-legislative scrutiny committee, the Bill Committee and Members in the other place who have helped the Government to amend the Bill, making it a stronger and better Bill as a result.

The right hon. Member for Slough (Fiona Mactaggart) talked about not ratifying the International Labour Organisation’s convention on domestic workers. She will know that we do not believe that ratifying it would strengthen the extensive measures we already have in the UK to prevent slavery and human trafficking. We believe we go further in respect of slavery and human trafficking than the convention asks for. It is important to strike the right balance between protecting vulnerable workers and ensuring that aspects of employment law which can carry criminal sanction are not extended to private households. Ratifying the convention would require the imposition of unnecessarily onerous obligations on, for example, people employing home helps or personal carers, and would be neither practical nor proportionate.

The right hon. Lady also said that she did not consider a six-month visa for victims to be sufficiently long. The Government’s initial intention is to grant a six-month visa to enable victims to earn some money and begin to rebuild their lives as they plan their return home. We believe this to be an appropriate period. It is of course the maximum time for which an overseas domestic worker visa is usually issued—they are issued for six months, and we will proceed with six months. We will of course consider any recommendations that James Ewins makes in his review as to whether the period should be varied, along with other evidence put forward. Six months is the minimum, and it can be amended in immigration law.

[Sir Andrew Stunell]

I appreciate the Minister’s giving way and I know she is working hard in this area. If six months is the minimum, will she describe the circumstances in which that would not be the automatic figure? In what circumstances might a period longer than six months be granted under the guidance she is suggesting?

[Karen Bradley]

If the right hon. Gentleman will forgive me, I would have to say that it depends on the individual circumstances. Perhaps I shall write to him with some examples, if that would be acceptable.

The right hon. Member for Slough also made a point about people carrying their passports through the border. If she has evidence that people are being treated in this way while going through the border, will she please supply it to us, because I would like Border Force and others to look at that and act on it.

The hon. Member for Linlithgow and East Falkirk (Michael Connarty) expressed his view that the Bill is not victim focused. I disagree: I think it is. The Bill before us has changed significantly from the draft Bill published in December 2013, and almost all the amendments made in the other place are in support of victim protection. I thus feel strongly that we have made it a victim-focused Bill.

Modern Slavery Bill

Lord Stunell Excerpts

Tuesday 4th November 2014 Commons Chamber

[Karen Bradley]

The right hon. Gentleman makes exactly the right point. This is about ensuring that any company doing business in the UK makes transparent disclosures on the action it has taken on slavery in its supply chains. We want UK consumers to understand what actions have been taken by the businesses they transact with so that they can then put pressure on them if they feel that not enough is being doing. The Government will be able to help those companies through the guidance we issue on the action they may take that would give consumers the reassurance they need. We have also improved on the California model by capturing any commercial organisation that produces not only goods but services.

We are also looking at public sector procurement, recognising that modern slavery could happen anywhere. All public sector suppliers are already required to comply with relevant human rights and employment law, and EU procurement rules require contracting authorities to exclude suppliers that have been convicted of certain offences. Social responsibility information is also sought annually from Government suppliers, including details of the steps taken and planned by suppliers in the areas of ethical procurement and supply chain management.

I will now turn to new clause 5, tabled by Opposition Front Benchers, which would require the Secretary of State to make regulations under section 416(4) of the Companies Act 2006 so that quoted companies and certain large private companies are required to include in their directors’ reports information relating to modern slavery and forced labour in the supply chain. It is fair to say that we are all trying to achieve the same aim—ensuring that the supply chains of UK businesses are free from slave labour—but the ways in which we are seeking to do that may well differ. In considering this important issue, we have looked at a number of approaches, including amending the Companies Act and, in particular, the Companies Act amendment proposed by the pre-legislative scrutiny Committee.

I believe that introducing a specific provision in the Modern Slavery Bill, rather than in the Companies Act, sends out a clear signal that the UK will not tolerate any form of modern slavery. It also explicitly raises the profile of the issue by ensuring that the provisions are front and centre of what the Bill and this Government are trying to achieve: to stamp out modern slavery in all its forms. I think that all of us in this House are trying to achieve that. Those who disclose little or no action risk their reputation and, ultimately, their profits.

New clause 14, tabled by the hon. Member for Foyle (Mark Durkan)—he, too, served on the Public Bill Committee—would ban the import of any product produced by slavery, forced or child labour or human trafficking. As I have said, I believe that slavery in all its forms is abhorrent. The provisions we have brought forward to increase transparency in supply chains are both effective and proportionate. It would simply not be feasible for UK agencies to police the import of goods on the basis of whether they had been produced using slave labour. We need those trading with companies in other jurisdictions to apply due diligence and take decisive action where they believe that slave labour is being used. Waiting until the point when products are being imported into the UK is simply too late. That is why it is for businesses to take action to check their supply chains and for the Government to influence and encourage other Governments to do more, such as by improving the application of their employment laws or their approach to human rights issues.

[Sir Andrew Stunell (Hazel Grove) (LD)]

I thank the Minister for working so hard to introduce new clause 11, which I very much welcome. Will she cover the point raised in an earlier intervention about the role of the anti-slavery commissioner? As she will know, the terms of reference were discussed in Committee. It would be useful to know whether the Government think that the commissioner’s remit will include looking at company reports and assessing how effective they are.

[Karen Bradley]

I thank my right hon. Friend for his comments and for all his work, not only in the Public Bill Committee but in the pre-legislative scrutiny Committee—he has truly lived this issue for most of this year, so I know how committed he is. I think that policing the measure is a matter for us all. In particular, the non-governmental organisations that work on victim protection—I discussed this with them last week—have such an important role to play in bringing to our attention those companies that they believe are not doing the compliance and disclosure that we all expect. We will move on to the specifics of the anti-slavery commissioner’s role later in the debate. My emphasis for the commissioner is on identifying victims and then ensuring that we get prosecutions in order to protect victims. The role is not so much about policing the supply chain measure. Obviously, as the commissioner’s role develops, we may see new issues come to the fore.

--- Later in debate ---

[Diana Johnson]

I could not agree more. That is why it was important that I set out why new clause 5 deals in detail with the kind of issues that need to be clearly addressed in secondary legislation. I am grateful for the hon. Gentleman’s intervention.

Just to recap: we support the Government’s new clause 11. Obviously, we want to wait and see what happens with the secondary legislation as it is introduced. It is surprising that the Government have gone against the Joint Committee’s recommendation and the evidence presented by several large companies arguing against stand-alone regulation, although the Government have now seen fit to pursue that. That poses particular problems for enforcement. I am sure the Minister has seen the briefing from the coalition of groups campaigning for change, which states:

“Monitoring of compliance with the provision needs to be taken seriously as this will be central to its success in driving change. We are concerned that the provision is currently weak on how monitoring and enforcement will be undertaken. The Government’s approach relies on a civil enforcement procedure by the Secretary of State, which means that in reality the measure would be unlikely to deter any businesses other than those who would in any case seek to comply on a voluntary basis.”

[Sir Andrew Stunell]

I thank the hon. Lady for giving way—I hope she will be able to wet her whistle while I speak. Does she agree that the monitoring process could make a start through the anti-slavery commissioner taking a more active role in observing and supervising company reports?

[Diana Johnson]

The right hon. Gentleman makes a very important point. Time is limited this afternoon, but I hope there will more discussion in the other place about extending the role of the independent anti-slavery commissioner to do exactly what the right hon. Gentleman has said.

In the Minister’s closing remarks, I want assurances that whatever is proposed will apply to all large companies; that the regulations will be detailed enough to allow comparability; and that there will be a clear enforcement mechanism so that consumers, investors and NGOs can see who has complied and know that they can trust the report they have read.

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[Mr Burrowes]

Other countries could do that, but they have different means of enforcement, which cannot be simply transferred. However, they could certainly take a lead by adopting much of what new clause 11 says.

[Sir Andrew Stunell]

My hon. Friend has done valiant work on this topic. I agree with him that the enforcement angle needs more attention, but does he not agree with me that new clause 11 takes us a huge step forward? We should congratulate the Government on that, and now invite them to take the next step and get the enforcement right.

[Mr Burrowes]

I do not want to understate my praise—this is a huge step forward—but we, as legislators, want to ensure that what we approve is really fit for purpose and has the necessary teeth. There are other elements that can be done without legislation: the issue of international corporate governance goes beyond legislation, and it can best be dealt with by sharing good practice internationally.

I will finish on a very positive note. Today, we can say that British law is no longer just concerned about the sustainability of the wood in our furniture, but is more concerned about the freedom and safety of the millions of men, women and children involved in making that furniture.

--- Later in debate ---

[Karen Bradley]

I addressed that point briefly in my opening comments, but I will come on to it again in a moment. I will just finish the point about enforcement.

The courts can force companies to disclose, but that is different from the issue that some companies may make disclosures that consumers, shareholders and campaigners feel show that inadequate steps are being taken to eliminate slavery from supply chains. The courts can act if no disclosure is made, but there is action that civil society can take if it feels that companies are not making appropriate disclosures. The Government believe it is for civil society to put pressure on businesses that are not doing enough to eliminate modern slavery from their supply chains. The Government’s new clause makes this as easy as possible by ensuring that disclosures are easily accessible. The link to disclosure must be in a prominent place on a business’s website home page.

Before coming on to public sector procurement, I would like to address the concerns expressed by the hon. Member for Foyle (Mark Durkan) on the extent of the new clause. I can confirm that the new clause on supply chains will apply to England, Wales, Scotland and Northern Ireland. This is made plain by later amendments to be taken later. I want to put it on the record that I am grateful to the Northern Ireland Executive and all the devolved Administrations for the excellent work we have done together to ensure that this provision can extend to the entire UK. He will know, from our discussions in Committee, that there were points on which we needed agreement—not just on this matter, but on many others as well. I am pleased that we have made so much progress. It was important throughout that this was not Westminster imposing on the devolved Administrations. Action has been taken because the devolved Administrations wanted to take that action.

On public sector procurement, all public sector suppliers are required to comply with applicable law, including relevant human rights and employment rights law. UK public procurement policy is that social, environmental or ethical issues can be taken into account in the procurement process where that is relevant, proportionate and non-discriminatory. We expect public sector procurement to be as transparent as other procurement, which is covered elsewhere. We will consult on this matter, and I encourage people who are concerned to respond to the consultation. It should be noted that whatever action is taken will be taken only following the affirmative procedure to ensure that Parliament has its say. We will ensure that points are put forward.

[Sir Andrew Stunell]

The Minister speaks very well on Parliament giving affirmative support to these proposals. Does she envisage that being given before the first week of May next year? [Interruption.]

[Karen Bradley]

The shadow Minister makes the point that perhaps that needs to be by the end of March, if the right hon. Gentleman is asking whether it will happen before the general election. I cannot answer that question at the moment. Perhaps I could write to him on the specifics.

I am delighted that new clause 11 will amend the Bill to include the measure on transparency in supply chains that so many have worked so tirelessly for, for so long. I hope right hon. and hon. Members will not press their amendments to a Division. I look forward to this measure being part of the world-class Bill we all wish to create.

Question put and agreed to.

New clause 11 accordingly read a Second time, and added to the Bill.

New Clause 3

Offence of child exploitation

‘(1) A person commits an offence if they exploit a child.

(2) It shall be such an offence even if there was no threat or use of violence, other forms of coercion, deception or any abuse of a position of vulnerability.

(3) A child may be in a situation of exploitation whether or not—

(a) escape from the situation is practically possible for the child; or

(b) the child has attempted to escape from the situation.

(4) The consent or apparent consent of the child to the exploitation is irrelevant.

(5) “Child Exploitation” includes but is not limited to, the exploitation of the prostitution of others or other forms of sexual exploitation; the exploitation of labour or services including begging or practices similar to slavery, servitude or forced or compulsory labour; the exploitation of or for criminal activities including benefit fraud; the removal of organs; forced or servile marriage or enforced surrogacy; exploitation for unlawful adoption; and exploitation by enforced drugs smuggling, manufacture, production or distribution.”—(Diana Johnson.)

Brought up, and read the First time.

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[Karen Bradley]

I am grateful to right hon. and hon. Members for tabling measures and speaking in this debate, which covers three extremely important subjects: the role of the Gangmasters Licensing Authority, abuse of overseas domestic workers and prostitution. Given the time available and volume of the debate, I will do my best to address the points that have been made, but I hope Members will forgive me if I do not cover absolutely everything.

First, on the remit and powers of the Gangmasters Licensing Authority, I am grateful for the opportunity to restate that the Government are determined to tackle labour exploitation effectively. As I said in Committee when a similar amendment was tabled, I am sympathetic to Members’ concerns. The GLA does good work in tackling harmful activity within a limited remit, focusing on areas that are potentially vulnerable to exploitation. My mind is not closed to changes to improve how it works—far from it.

The Government support the protections in place for all workers, whichever sector they work in, including minimum wage legislation—we have strengthened the national minimum wage inspections team and quadrupled the maximum fine. The amendments suggest a number of ways in which to change the GLA’s powers and remit.

[Sir Andrew Stunell]

I am encouraged that the Minister says her mind is open and that there will be further consideration. Can hon. Members take that as a distinct hint for more progress in the Lords?

[Karen Bradley]

If my right hon. Friend will allow me to continue my comments, I will speak first about new clause 1. The new clause would open the way for the GLA’s remit to be extended to any area of work or sector, which would be a much broader role than its current territory. I have concerns about such a broad role, which I want to put in the context of the Government’s plans to ensure that the GLA delivers its critical role. The GLA is both a licensing and an enforcement body. We need to make progress on both fronts. Licensing can be a blunt instrument in that it affects the compliant business and the rogue gangmaster alike. If a licensing regime is not targeted at known risk factors, it will not provide effective underpinning for enforcement. Therefore, simply extending the current licensing regime into new sectors would not of itself improve efforts to tackle exploitative employers who flout the law.

I want a GLA with a strong anti-slavery and worker exploitation focus that will support the Government’s broader strategy on modern slavery. That will be best achieved by developing an approach that builds on the GLA’s excellent work. The right hon. Member for Delyn (Mr Hanson) mentioned that the number of GLA investigations had declined over time. I want to put it on the record that, over time, the GLA has undertaken a reduced number of investigations, but they have been more complex and have focused more effectively on serious and organised crime. That reflects a targeted and risk-based enforcement approach.

We can do more to increase the GLA’s reach and effectiveness. We are working with the GLA in three main areas: through the better business compliance partnerships, the review of licensing standards, and work on the supply chain. I do not have time to go through those points in detail.

Looking ahead, the GLA is well placed to tackle the serious worker exploitation that lies between the more technical compliance offences investigated by HMRC and the serious and organised crime addressed by the National Crime Agency. We will consider how to introduce more effective and targeted enforcement action by the GLA. We will also consider changes to the GLA to support its greater role in addressing exploitation. However, we believe this requires a more considered analysis of the types of changes required than simply changing the law today. I believe we should continue the hard work with the GLA rather than simply assuming that the answer is to extend the remit of the GLA beyond the core areas set out in the 2004 Act, as envisaged in the new clause. I therefore hope that the right hon. Member for Delyn feels able to withdraw it.

On the amendments tabled by my hon. Friend the Member for North East Cambridgeshire (Stephen Barclay), he has made some very good points and I would like to discuss many of them with him outside the Chamber. New clause 16 would require formal tenancy agreements where a gangmaster provides accommodation for workers. I reassure him that the GLA already addresses this risk. The current suite of GLA licensing standards already imposes requirements on gangmasters who provide accommodation. Specifically, licensing standards 4.1 and 4.2 require a licence holder who provides, or effectively provides, accommodation to ensure that the property is safe for the occupants. A licence is required by the local authority, for example if it is a licensable house of multiple occupation. This is a critical standard for the GLA, so failure to meet the criteria will mean that a licence application is refused or a licence already issued will be revoked.

There are also existing legal requirements affecting the relationship between tenant and landlord. I believe that these, together with the GLA’s licensing standards, provide strong protection for workers. However, I have considered the amendment in detail and I will ask the GLA to consider adding a tenancy agreement to the documents to be provided to demonstrate compliance with the licensing standard as part of its forthcoming review. In doing so, I also wish to ensure that we are balancing protection from exploitation with our desire to reduce bureaucracy for small businesses.

--- Later in debate ---

[Sir Andrew Stunell]

I will leave time, I hope, for the right hon. Member for Birkenhead (Mr Field).

We have moved a long way during the passage of the Bill, and I welcome every step. We are very near to having a world-class Bill, but we are not there yet. I hope that the Home Secretary will read the debate and listen to what was said about the Gangmaster Licensing Authority in particular, and about exploitation as a separate offence. There is still considerable work to do, but I commend the ministerial team for their work, the way they have listened, and the way this Bill has progressed through the House.

Modern Slavery Bill

Lord Stunell Excerpts

Tuesday 8th July 2014 Commons Chamber

[Sir Andrew Stunell (Hazel Grove) (LD)]

First, may I apologise to you, Mr Speaker, and the Home Secretary for having missed the first 20 minutes of the debate, but it is good to be here and to be the 20th Back Bencher to speak? I start by saying that, I think for the first time in my life and quite possibly the last, I agree with every word the hon. Member for East Antrim (Sammy Wilson) said—every last dot and comma.

I congratulate the Home Secretary and the Government on bringing the Bill forward, and on the good intentions behind it and the hard work they have put into listening. I believe, as a Member of the Joint Committee, that it was good that there was strong interaction between Ministers, officials and the Committee, and the report we produced was a very good one. It is interesting that all the speeches I have heard from the Back Benches on both sides of the House have entirely supported elements, or all, of that Joint Committee report, and in summary what I might say, apart from repeat the contents of the speech of the hon. Member for East Antrim, is simply, “Please revisit the recommendations of the Joint Committee report that you haven’t felt able to accept so far, and see whether, in the light of this debate, you should consider them again.”

At the heart of this has got to be how we treat victims. First, we have got to recognise that they are victims. Secondly, we have got to give them the protection they need to make sure we get convictions of those who are organising and driving these evil webs of crime. We took plenty of evidence to show that victims live in fear often long after they have been liberated. Too often they finish up defecting back to their abusers or going back home and being recycled yet again as a victim. Too often cases collapse because victims’ evidence will not stand up and the Director of Public Prosecutions does not believe that a conviction can be secured with such witnesses, or if they do go to court, that the witnesses will not provide the evidence they should be able to provide. The hon. Member for Wigan (Lisa Nandy) gave a specific example of a young lad of eight who insisted that his lawyer be instructed to give evidence that the man who was managing him was his father, not a trafficker.

We can see that there are fundamental problems with the current system and the Joint Committee recommended ways to tackle that. I will not rehearse them all, but it is a pity that, although the Government have moved on from the existing jumble of offences spread over many different statutes and got them into one place, they still have the jumble. That is one of the points on which attention needs to be focused. There is clearly a difference between being a victim as a defence against prosecution, and having a non-prosecution clause. Again, the Committee was clear on what it thought would be best in that regard, and I hope the Home Secretary, whom I am delighted to see is here listening, can reconsider.

Another aspect is the care of victims. There are many complex processes. As has been said, the police and social services may be involved—the immigration services are certainly likely to be involved—and that is three just to start with. It is difficult to imagine how those who do not speak the language—particularly the young person who has little education and perhaps no literacy, who is in awe of their slave master and comes from a culture where authorities are instinctively distrusted—can navigate that system. The evidence we took and the Committee’s proposals concerning advocates are very important in that regard.

I welcome the pilots that are being commissioned and I hope they will produce results, although it has to be said that a pilot that is evaluated after only six months is probably not going to give a long enough run for us to be really sure what we have got. When victims of trafficking are rescued and acknowledged— the acknowledgment process may be difficult—they have up to 45 days of support, on a contract that is organised very well by the Salvation Army. However, after the 45 days there is absolutely nothing, and no further support is available.

All these deficiencies can be put right, but who is going to manage the process of putting them right? At this point, I want to say a word or two about the anti-slavery commissioner. In her evidence to the Joint Committee and earlier today, the Home Secretary pointed out that this is going to be a world-leading model of how to tackle modern slavery, and I welcome that absolutely. However, I wonder whether we would recommend to the Governments of the Philippines, Bangladesh or Nigeria, for example, that they should have an independent anti-slavery commissioner who is a civil servant embedded in their ministry of the interior. It is not just about creating a credible system that will work for victims and will work here. If we are going to be world leaders in this regard, let us set an example and not create something that is obscured by a typically British fog of accountability, which we can usually get away with because our systems have integrity and our ministries have Chinese walls. All of that is true, but we could be proud to be an advocate of a worldwide system of anti-slavery commissioners that is independent of Governments. I hope the Home Secretary will be open to considering that.

I did not hear any Back Bencher say that they thought it a bad idea to extend this legislation to include supply chains. Some 16 of the 20 speakers said that they thought doing so was highly desirable, and were surprised that such a provision was not included. I hope that that straw poll of participants in this debate will be evidence that the Home Secretary and the Government take to heart. Perhaps she will want officials to draft a note of this debate and make sure that relevant members of the Cabinet in other Departments are aware of the opinions of this House. That evidence and the evidence given to us in the report show that if we do not regulate supply chains and we rely on Marks & Spencer, Primark, John Lewis and so on to have their own standards, we will be increasing the profit margins and the attractiveness of the slave labour sector. The cost of complying with their own voluntary codes will be an on cost for the products they sell to people, so relying on a voluntary code is increasing the profit margins of the slave owners around the world. The right hon. Member for Birkenhead (Mr Field) was rightly well commended by others, and he pointed out that we can do this by adding five words to the Companies Act 2006. These are five words that the industry wants and that this House wants, and they are five words that cost the Government nothing in public expenditure. I hope very much that we will see that provision as well.

Like everybody who has spoken, I could easily say another 100 things about the Bill, but I will not do so. I started by endorsing the Home Secretary’s initiative on this vital concern, and what I have said is not, in any way, designed to undermine it; rather, it is to help her to deliver a truly world-leading reform. I look forward to working with my Liberal Democrat colleagues, with colleagues on the Opposition Benches and with my coalition colleagues in Committee and in the House of Lords to make sure that that is exactly what we get.

Oral Answers to Questions

Lord Stunell Excerpts

Monday 7th July 2014 Commons Chamber

[Damian Green]

The hon. Lady makes a reasonable point, because clearly registered intermediaries do a good job. I will look at the details of what she says the NCA is saying, because the system does not appear to be working badly. I will certainly look at any details she may care to provide me with.

[Sir Andrew Stunell (Hazel Grove) (LD)]

Does the Home Secretary agree that essential to restoring the public’s confidence in the immigration system is not just counting people into the UK, but counting them out of the UK? What progress is being made on that?

[Mrs May]

I can tell my right hon. Friend that this Government are committed to introducing exit checks by the time of the next general election. We have a programme that is working well; we already receive a significant amount of information on people exiting the country from the advance passenger information, provided through the airline industry. I have had discussions with representatives of the rail industry and our ports on how we can ensure that we are also getting exit checks for those who travel out of this country by rail and by sea.

Oral Answers to Questions

Lord Stunell Excerpts

Monday 10th March 2014 Commons Chamber

The Secretary of State was asked—

[Sir Andrew Stunell (Hazel Grove) (LD)]

1. What resources her Department is making available at a local level to help tackle the harmful effects on communities of excessive drinking.

[The Secretary of State for the Home Department (Mrs Theresa May)]

The Government are providing direct support to 20 areas in England and Wales, including Greater Manchester, to tackle the harmful effects of excessive drinking, particularly alcohol-fuelled crime and disorder. We have also overhauled the Licensing Act 2003, giving local areas the tools and powers they need to deal with problem premises, and to secure a financial contribution towards policing the night-time economy.

[Sir Andrew Stunell]

I thank the Home Secretary for that answer, and particularly for the work that will be done in Greater Manchester. May I draw her attention to the plea of the director of public health for Stockport, who is concerned that the action of the alcohol industry is, to some extent, holding licensing authorities to ransom? Will she include that in her consideration of this important matter?

[Mrs May]

My right hon. Friend makes an important point, and we want to ensure that licensing authorities can use the tools and powers that the Government have given them. We gave them those tools and powers for a very good reason and because of our concern on two counts relating to alcohol abuse and the problems that arise from it—the cost to the police and society generally of crime and disorder related to alcohol, and also the health costs that arise.

Oral Answers to Questions

Lord Stunell Excerpts

Monday 7th January 2013 Commons Chamber

[The Minister for Policing and Criminal Justice (Damian Green)]

No, I do not think that, and nor does anyone who has investigated the riots.

I want to make an overall point about policing in London, which is extremely difficult but hugely important not just to Londoners, but to the whole country. In this time of financial stringency, the reason for which the hon. Gentleman will understand —it is because of what his Government did—recorded crime in the Metropolitan police area over the past 12 months was down by 3%. London is becoming safer. I wish that Opposition Members who have raised this matter a lot would look at the facts of what is happening on our streets—they are becoming safer.

[Andrew Stunell (Hazel Grove) (LD)]

T7. The accident and emergency unit at my local Stepping Hill hospital has had an 11% spike in admissions, much of it, sadly, driven by the misuse of alcohol. The Government’s alcohol strategy is very welcome, but will the Minister assure the House that the current consultation will not simply be used to kick things into the long grass? We need serious action quickly.

[Damian Green]

I am grateful to my right hon. Friend for raising this important issue. Alcohol-related harm costs the country about £21 billion a year. Absolutely the alcohol strategy is not designed to delay anything. As he knows, it sets out a range of measures to tackle binge drinking, to cut alcohol-fuelled violence and disorder and to reduce the number of people drinking at damaging levels. Just as the Government overhauled the Licensing Act 2003 to give local authorities the tools they needed to tackle alcohol-related crime and disorder, so we will take further measures as and when necessary.