Illegal Migration Bill

Debate between Baroness May of Maidenhead and Iain Duncan Smith

Report stage
Wednesday 26th April 2023 Commons Chamber

[Mrs Theresa May]

I will concentrate my remarks on amendment 4, in the name of my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith)—I have also signed it—and Government amendment 95.

Before I do so, I want to say a word about evidence. The Minister has indicated again today that, in his view, there is evidence that the Modern Slavery Act 2015 is being abused. I apologise for doing this to him again, but he might wish to look at the evidence given to the Home Affairs Committee this morning by a representative of the Organisation for Security and Co-operation in Europe, basically saying there is no evidence to support the claim that the national referral mechanism is being abused. On the contrary, the evidence is that there is a low level of abuse. They went on to say that the biggest problem with the NRM is not abuse but the big delay in finding an answer for victims, which is of course within the Government’s control because it is about the length of time that officials are taking to consider cases.

I am grateful to the Minister for meeting me last week to discuss the concerns I raised in Committee. I welcomed the Government’s apparent attempt to improve the Bill for victims of modern slavery, and their willingness to look at that, but then I saw Government amendment 95. Far from making the Bill better for victims of modern slavery, the amendment makes the Bill worse. I believe the Minister was talking in good faith, but it is hard to see Government amendment 95 as an example of good faith. It is a slap in the face for those of us who actually care about victims of modern slavery and human trafficking.

Equally concerning, Government amendment 95 suggests that those who are responsible for the Bill simply do not understand the nature of these crimes or the position of victims. The Minister wants to see an end to human trafficking, and he wants to stop the traffickers’ business model, as do many of us on both sides of the House, but the best way to do that is by identifying, catching and prosecuting the traffickers and slave drivers.

Government amendment 95, by making it an assumption that victims do not need to be present in the UK to assist an investigation, makes it much harder to investigate and prosecute the traffickers and slave drivers. It has been shown time and again that victims’ ability to give evidence is affected by the support they receive. They need to feel safe and they need to have confidence in the authorities.

As Detective Constable Colin Ward of Greater Manchester Police says:

“If we get the victim side right first, the prosecutions will eventually naturally follow, alongside us doing the evidence-based collection of that crime.”

Support for victims matters in catching the slave drivers. Sending victims back to their own country, or to a third country such as Rwanda, will at best make them feel less secure and, therefore, less able or less willing to give the evidence that is needed, and will at worst drive them back into the arms of the traffickers and slave drivers.

Again, the representative from the Organisation for Security and Co-operation in Europe made the point today at the Home Affairs Committee that the UK has been leading the world in identifying victims exploited by criminal activity. That tells us that these people are vulnerable, because they have been compelled by traffickers to engage in criminal activity. Disqualifying them from our ability to rescue them will mean the UK is no longer able to identify them, and it will leave them to the mercy of the traffickers. Far from helping, Government amendment 95 flies in the face of what the Minister and the Government say they want to do to deal with the traffickers and slave drivers and to break their business model.

The Government have previously used clause 21(5) to tell us that they are providing more support for victims of slavery. Government amendment 95 reverses that by making it even harder for victims to get the support they need, which I think would be a setback in the fight against the slave drivers and traffickers.

[Sir Iain Duncan Smith]

My right hon. Friend is making a good speech. The reality is that amendment 95 poses a threat. Straightaway, its assumption is that someone goes, rather than that they have to prove anything; they go first and then somebody has to prove that they have to be here. What are they going to do when they look at that? They are going to say, “We’re off, so why would we give evidence?”

[Mrs May]

My right hon. Friend makes an important point. I hope that this is an unintended consequence of the Government’s amendment, but I fear, given that they tabled it, that they knew all too well what they were doing with this amendment, because they just want people to leave the UK. As he says, assuming that where somebody is identified they are going to have to leave the UK means that they are less likely to give evidence, and we will not catch and prosecute so many traffickers and slave drivers. Sadly, all too often those individuals will return to a country where they will be straight into the arms of the traffickers and slave drivers again.

The purpose of amendment 4 is simple: to ensure that victims who are being exploited, in slavery, here in the UK are able to continue to access the support they need, which will enable them to find a new life here or indeed in their home country. Not everybody who has been trafficked here for slavery wants to stay in the UK. Many of them want to return home, but they need to be given the support that enables that to be possible.

Amendment 4, if accepted, would ensure that it would be more likely that the criminals were caught. This Bill says, “If you are a victim of modern slavery who came here illegally, we will detain and deport you, because your slavery is secondary to your immigration status.” It has always been important to separate modern slavery from immigration status. Modern slavery is not a migration issue, not least because more than half of those referred to the national referral mechanism here in the UK for modern slavery are UK citizens here in the UK.

Modern slavery is the greatest human rights issue of our time. The approach in this Bill will have several ramifications. It will consign victims to remaining in slavery. The Government will be ensuring that more people will stay enslaved and in exploitation as a result of this Bill, because it will give the slave drivers and traffickers another weapon to hold people in that slavery and exploitation. It will be easy to say to them, “Don’t even think about trying to escape from the misery of your life, from the suffering we are subjecting you to, because all that the UK Government will do is send you away, probably to Rwanda.” The Modern Slavery Act gave hope to victims, but this Bill removes that hope. I genuinely believe that if enacted as it is currently proposed, it will leave more people—more men, women and children—in slavery in the UK.

As I have said, another impact of the Bill will be fewer prosecutions and fewer criminals being caught and put behind bars. I apologise to the Minister for bouncing him with the Greater Manchester Police evidence that I cited earlier, but it is very relevant and he needs to look at it. The Nationality and Borders Act 2022 already means that people who are in slavery—the figures on those who get a positive decision from the national referral mechanism show this—are not coming forward because of the evidence requirement now under that Act. That is having a real impact and it means fewer prosecutions of the criminals.

I wish to mention the impact on children, and I urge the Minister to listen carefully to the concerns of the Children’s Commissioner. Other Members of this House, including my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton), have long championed, through the process of this Bill, the issue of children. My concern is particularly about those children who are in slavery in this country and being cruelly exploited, as victims need support.

The Children’s Commissioner has cited the example of Albin, a 16-year-old Albanian national who came to the UK in September via a boat. He was trafficked for gang and drug exploitation. It was clear to the Border Force that he was young and malnourished, and that he had significant learning difficulties. He was provided support, including from the Children’s Commissioner’s Help at Hand team, but the point the commissioner makes is that

“without the NRM decision…he would have not been processed through the immigration/asylum route as quickly and he would have not received the adequate support to meet his needs.”

Upon receiving the positive decision for the NRM, the social care team was able to transfer him to a suitable placement. That 16-year-old would otherwise have potentially been detained and deported by the Government.

It is important that we consider the impact on children who are victims of slavery. I put the arguments earlier about making it harder to prosecute the slave drivers, and that covers child victims as well, but there may well be an added element for the traffickers to use to keep children enslaved, by which I mean the situation in Rwanda. UNICEF said:

“In Rwanda, over half of all girls and six out of ten boys experience some form of violence during childhood. Children are usually abused by people they know—parents, neighbours, teachers, romantic partners or friends. Only around 60% of girls in Rwanda who are victims of violence tell someone about it, and the rate is even lower for boys.”

I recognise that that quote relates to children in Rwanda being abused by people known to them, but the environment is hardly conducive to the good care of children.

Amendment 4 would remove the problem by ensuring that those identified as being exploited into slavery here in the UK could still access the support provided under the Modern Slavery Act. We have led the world in providing support for those in slavery by what we have done here in the United Kingdom. The Bill significantly damages the operation of that Act. It is bad for victims, bad for the prosecution of slave drivers and bad for the reputation of the United Kingdom.

I was grateful to my right hon. Friend the Minister for saying from the Dispatch Box that he was willing to talk and listen to us to see whether we can find a way through this. I say to him quite simply that the best way to do that is through amendment 4. That is what removes the problem in relation to the victims of modern slavery, so I hope the Government will be willing to look very carefully at that amendment and to listen to what we have said. What we are talking about is not just what we say, but what those who are identifying and dealing with the victims of modern slavery are experiencing day in, day out. They worry that more people will be in slavery as a result of the Bill.

Illegal Migration Bill

Debate between Baroness May of Maidenhead and Iain Duncan Smith

Committee stage
Tuesday 28th March 2023 Commons Chamber

[Sir Iain Duncan Smith (Chingford and Woodford Green) (Con)]

I am grateful to my right hon. Friend for giving way. She is describing the journey that we need to go on. We should explain to the Government that the whole issue about modern slavery is that when people feel secure, they give evidence to the police, and the police then get after the traffickers. One of the big problems here is that, because 60% of the cases are within the UK, people may suddenly feel that they are about to get kicked out and then they will stop giving evidence.

[Mrs May]

My right hon. Friend is absolutely right. I will refer to that issue myself later on, because the Government have not thought through the implications for the numbers of traffickers and perpetrators caught as a result of this Bill.

I said that I was not going to dwell on the legal issues, but there are genuine questions of incompatibility with article 4 of the European convention on human rights, which is, of course, part of UK law through the Human Rights Act 1998, and with aspects of the Council of Europe convention on action against trafficking in human beings, such as articles 13 and 10.

However, the heart of the problem is, I believe, very simple. If someone is trafficked into the UK by illegal means, coming from a country where their life and liberty were not threatened, and is taken into slavery here in the UK, they will not be able to claim modern slavery or have the protection of the Modern Slavery Act. That would cover most of the men, women and children who are trafficked into slavery in the United Kingdom.

Let me let me give an example. A woman from, say, Romania, who is persuaded that there is a great job here for her in the UK, is brought here on false papers and put to work as a prostitute in a brothel. She has come here illegally from a safe country, but she is experiencing sexual exploitation and slavery here in the UK. That is just the sort of case, in addition to British nationals who have been enslaved here, that the Modern Slavery Act was intended to cover. Let us say that she manages to escape and meets some people willing to help. She is taken to the police, but the Government say, “You came here illegally. We’re deporting you to Rwanda.” Alternatively, the traffickers may fear that she is looking to escape, so they take her to one side and explain, “It’s no good doing that, because all they’ll do is send you to Rwanda.” We could have handed the traffickers a gift—another tool in their armoury of exploitation and slavery.

The Government might say that it will be okay if the woman helps with an investigation, because the Bill contains that caveat, but that seriously misunderstands slavery and the impact of the trauma of slavery on victims. It can take some considerable time—weeks and weeks—for somebody to feel confident enough to give evidence against their slave drivers. Under this Bill, by the time they might have been able to get that confidence, they will have been removed from this country. As my right hon. Friend said, it will become harder to catch the traffickers and slave drivers.

I could give another example. Perhaps someone comes here illegally and works in the economy, which, sadly, people are able to do, but then finds themselves vulnerable on the streets and is picked up by slave drivers and taken into slavery. Again, even if they escape, perhaps after years of exploitation, the Government will shut the door on them and send them away under this Bill. I could give other examples, but the hon. Member for Glasgow Central has already given some and I think the point has been made.

There are a number of possible solutions. At the weaker end, the Government could delay the commencement of the Bill’s modern slavery provisions; I note that the official Opposition have suggested doing so until a new Independent Anti-Slavery Commissioner is in place and has assessed the impact of the Bill. It would be good to have a commissioner in place and to hear their views on the Bill, but I think that there is more to consider.

First, the Government should not introduce the modern slavery provisions of the Bill until they have assessed the impact of the changes that they made in the Nationality and Borders Act 2022, the relevant provisions of which came into force at the end of January. They are piling legislation on legislation that they have already passed, and they have no idea whether it is going to work. This approach is therefore not necessary. Secondly, they need to assess the impact of the deal with Albania, because in recent times a significant number of people coming on the small boats have come from Albania. Thirdly, as my right hon. Friend the Member for Chingford and Woodford Green and I have both pointed out, they need to assess the Bill’s impact on people’s ability and willingness to come forward, to be identified as slaves and to give evidence against the traffickers and the slave drivers.