Modern Slavery Bill

Baroness Butler-Sloss Excerpts

Wednesday 25th March 2015 Lords Chamber

[Lord Lea of Crondall (Lab)]

I add in support of what my noble friend has said that it would be useful if the Minister could elucidate what sort of contract of employment we are normally talking about, because that would subsume many of the worries about the lack of rights that we are discussing.

[Baroness Butler-Sloss (CB)]

My Lords, I have been involved in this Bill before it even existed, because I was a member of a working party set up at the request of the Home Secretary which Frank Field chaired. Sir John Randall and I were the other two members. We started in October 2013, and it was as a result of our report in December 2013 that the first draft Bill came into existence.

There have been so many changes to the Bill that the current version is almost unrecognisable from the first draft given by the Government. As the noble Lord, Lord Hylton, said, the Government are greatly to be congratulated on listening—and not only that but on tabling a remarkable number of amendments, having listened to what we have all been saying. There are child advocates, which the noble Lord, Lord McColl, must feel is one the great triumphs of his recent time in the Lords. Then there is defence for victims and protection in court; the existence of a commissioner, even if he may not have all the powers that everybody wants him to have; and, perhaps most astonishingly of all, the supply chain. That was totally opposed at the beginning, but it now forms an integral part of the Bill. So this House and the other place should really be very proud of what we have done to make a good Bill.

Of course, the Bill is not perfect. The Minister accepts that—it is a starting point, and it could be better. But all parties support the Bill, as well as the Cross-Benchers. There are gaps, and those gaps can and should be filled under the next Government, whichever sort of Government they are, because no Government will not support the concept of the Bill when it becomes law—as I hope that it will—and I hope that they will be sympathetic to several amendments. I warn the Government that strategy and policy issues also need to be improved—but again that is for the next Government. But what is perhaps of supreme importance to your Lordships’ House as well as to the other place is to have the framework of the Bill as part of the law of England and Wales. That is absolutely crucial.

I, of course, recognise the plight of overseas domestic workers. This is something that we need to tackle and improve over a period. However, there were criticisms of the previous Government’s visa requirements. The commissioner-designate says that there were opportunities for traffickers to traffic people from one employer to another under the visa requirements that came in before this Government changed them. The Minister reminded us that James Ewins—a sensible, intelligent lawyer—is looking at how the present system of visas works and how the previous one worked, and will report on that. It seems to me very sad that we should be going in a sense to war at the last moment, the day before Parliament prorogues, on an issue which is now the subject of a review which I have no doubt will come up with excellent recommendations. As the Minister has already said, primary legislation is not required to make the changes that James Ewins may well recommend, and which the next Government may well accept; they could be done by regulation.

In addition, the Government have made strong concessions. There will be the opportunity for those deemed to be victims of slavery to stay in this country and to get another job. The noble Baroness, Lady Royall, said that that applied only for six months, but that is not what Amendment 72A says. It says,

“not … less than 6 months”.

I read that rather differently from just six months. That seems to me an important distinction that I make in disagreeing with the noble Baroness.

Why at this moment, with Prorogation of Parliament tomorrow, are we still fighting over this clause? With one day to go we are in danger of the best being the enemy of the good. That has been said before but I make no apology for saying it again. We may be fighting a Custer’s last stand if this House and the other place find themselves scrabbling around tonight and tomorrow morning, trying to get a second go on the second ping-pong. If the noble Lord, Lord Hylton, persists tomorrow, what will happen? If he is not going to persist tomorrow, will he tell us when he replies why he is persisting today? The Government have already gone a long way on this issue. When we are so close to the end of this Parliament, do we really expect them to give in to what is in a sense almost blackmail?

[Noble Lords]

Oh!

[Baroness Butler-Sloss]

That may be a very strong word but you need to look at what is happening to a good Bill, which is in some danger. It is not absolutely in danger because the other place can deal with it tonight, presumably, and we can deal with it tomorrow morning. However, I am looking at what will happen tomorrow if this House votes to support the amendment of the noble Lord, Lord Hylton.

Personally, I cannot bear to see this Bill at risk. I have lived with it for so long. The House is aware of my credentials with regard to modern slavery and human trafficking. I ask the House to support the Government and oppose the amendment of the noble Lord, Lord Hylton.