Illegal Migration Bill

Debate between Lord Weir of Ballyholme and Baroness Bryan of Partick

Committee stage
Monday 12th June 2023 Lords Chamber

[Lord Weir of Ballyholme (DUP)]

My Lords, as the proposer of Amendment 96, I have no problems with any of the other amendments in this group. I do not want to repeat the remarks of the noble Lord, Lord Coaker, but will deal specifically, albeit briefly, with Amendment 96.

This amendment looks at the level of support that human trafficking victims receive. As we discussed earlier, it is important that we, as a nation, approach that in a humane and compassionate manner. This amendment deals specifically with the position in Northern Ireland and with setting it at a higher bar than the Government are proposing, for a number of reasons.

First, the amendment reflects the devolutionary settlement for Northern Ireland. While migration and immigration are national issues, modern slavery and human trafficking specifically have been dealt with as a devolved matter and on a devolved basis. It is not something on which a uniform approach has been taken across the United Kingdom, and levels of support for victims in Northern Ireland is not something that has been dealt with in the abstract.

There are many occasions when in Northern Ireland we will seek exactly the same provisions as elsewhere or simply replicate or pay lip service to what is provided elsewhere by repeating it. This has been drilled down on two very detailed occasions in Northern Ireland. As I indicated earlier, we were the first part of the United Kingdom to have specific legislation on human trafficking through the human trafficking Act, which predated the Modern Slavery Act. There was a considerable amount of attention given to it then. In the sometimes febrile, cauldron-like atmosphere of Northern Ireland, it can be difficult to get consensus, but that was something on which there was broad consensus across the Assembly Chamber.

More specifically, in 2022, a major piece of legislation was brought by the Department of Justice. The justice Act dealt with two specific areas—in essence, a range of sexual offences and human trafficking. It was something that the Assembly, both legislatively and in the committee, looked at in considerable detail. I was a member of the Justice Committee when that was going through, and we took availability of the opportunity to get in a wide range of experts to give direct advice on what was needed specifically for Northern Ireland.

What has been put in place and will be enacted in Northern Ireland without this legislation has been designed specifically for Northern Ireland and its particular circumstances. It is one of those areas into which has gone a forensic level of detail. Unfortunately, the Bill would take us in a different direction and leave us with less protection and fewer resources for victims of human trafficking.

Secondly, there is currently some dispute between the Government and the Northern Ireland Human Rights Commission about the levels of obligation on this topic. We are in no doubt that across the board with this legislation, if it goes through in whatever form, it is likely to be challenged in the courts and to be the subject of litigation. Consequently, if we are to be stuck with it, the position where we can have the greatest level of clarity, certainty and agreement is preferable. If we can resolve that issue by way of the adoption of an amendment such as Amendment 96, it would remove the potential level of dispute. Faced with a choice between the Government’s position and that of the human rights commission, the human rights commission’s position would give greater protection and support for victims of human trafficking. If left with a choice as to what direction we go in, to provide that greater protection is the best possible solution.

Thirdly and finally, the amendment deals with the specific circumstances of Northern Ireland. Clearly, the issue of small boats has featured in a lot of the discussions around the Bill. Northern Ireland, I suppose, geographically in the United Kingdom is as far away from the shores of Kent as one can possibly get. On that basis, where we have small boats coming in, they tend to bring in fish rather than migrants. While the reality is that, as I am sure others have indicated, in many ways there is a common belief across this Chamber and another place that we need to seriously tackle the issue of small boats and clamp down on those exploiting people with that form of migration, with regards to human trafficking, small boats, as has been indicated, are largely a red herring when it comes to the issue of modern slavery. That is not the way that, largely speaking, human traffickers are bringing people to the United Kingdom, and certainly that is the case for Northern Ireland.

However, there is a concern about Northern Ireland’s unique geographical position, which is why we need a greater level of protection. The Prime Minister and others have highlighted the unique advantage of Northern Ireland in many ways, in that we have a border with the European Union and access therefore, through the common travel area, to the European Union, particularly the Republic of Ireland. We are also part of the United Kingdom, which means we have full access to the rest of the United Kingdom. There is a danger that human traffickers will see Northern Ireland as a potential best of both worlds, which will be to the detriment of Northern Ireland and particularly of those who are going to be transported by human traffickers. That is a danger that we need to see off, and the fact that there has been a considerable increase in the number of victims of human trafficking referred to the NRM from Northern Ireland shows that this is something that human traffickers are alive to.

We all hope to reach a day in this society when the number of victims of human trafficking, in Northern Ireland or elsewhere, is set at zero, but we are living, unfortunately, in a world where this is an increasing crime rather than one that is reducing. The level of resources and support that need to be given to victims potentially coming to Northern Ireland has to act as a support for the victim but has also to act as a virtuous circle, because the greater the level of support and resilience that we can give to those victims, the better chance we have of catching the perpetrators and preventing this in the long run. Therefore, I urge the Committee to support the amendment in my name and that of my noble friend Lord Morrow.

[Baroness Bryan of Partick (Lab)]

My Lords, I support Amendment 94 and the intention of the noble Baroness, Lady Hamwee, and the right reverend Prelate the Bishop of Bristol to oppose Clause 23 standing part. I shall concentrate on the Bill’s implications for the Scottish Parliament, as it will bring some of the most offensive parts of this legislation relating to victims into Scotland.

Devolution Guidance Note 10 states that a Bill requires the consent of the Scottish Parliament if it

“contains provisions applying to Scotland and which are for devolved purposes, or which alter the legislative competence of the Parliament or the executive competence of the Scottish Ministers”.