Crime and Policing Bill

Baroness Butler-Sloss Excerpts

Thursday 27th November 2025 Lords Chamber

[Lord Blencathra (Con)]

My Lord, I focused on this new clause when I saw my noble friend Lord Randall of Uxbridge’s name on it. When I was Opposition Chief Whip, among the many fixtures and fittings I inherited in the office was the MP for Uxbridge, John Randall. Although I was Chief Whip, I became his understudy, and to this day I follow his lead on many of the amendments he tables, particularly on biodiversity and so on. So when I saw his name, I thought, “There is something in this and I had better look at it”. My noble friend has tabled a very important amendment and put his finger on the appalling abuse of children in the world. It is a significant and widespread issue which serves as a pipeline to modern slavery and other forms of exploitation globally.

My noble friend’s proposal seeks to expand the definition of exploitation under Section 3 of the Modern Slavery Act 2015 to include orphanage trafficking—specifically, the recruitment of children into overseas residential care institutions purely for the purpose of financial gain and exploitation. As he said, orphanage trafficking is a form of child exploitation whereby children are deliberately separated from their families and recruited into residential care institutions, not for their welfare but to generate profit. This hidden practice is driven by greed and the profit motive, with children being used as commodities to attract charitable donations and international funding or to facilitate voluntourism. In many instances, children are not without parents but are falsely labelled as orphans to increase the institution’s appeal. The problem is as extensive as my noble friend has said.

There are an estimated 5.4 million children worldwide living in orphanages and other residential care institutions. Research consistently shows that over 80% of these children have at least one living parent. Orphanages, particularly in developing countries, are often set up and run as businesses, with the children as the “product”. Orphanage directors and “child-finders” often target poor, low-education families in rural areas, making false promises of education and a better life in exchange for the children.

The exact scale of orphanage trafficking is difficult to quantify due to a lack of data, poor government oversight of many unregistered facilities and the clandestine nature of the crime. Children in these institutions are often untracked, making them more susceptible to exploitation. The links between institutions and child trafficking have been formally recognised in recent years by the United Nations General Assembly and the US Government’s Trafficking in Persons Report, which highlights the growing international concern.

Children in these institutions face various forms of modern slavery and abuse, including financial exploitation, with the children being used to elicit donations from well-intentioned tourists and volunteers. This can involve forcing them to pose as orphans or perform for visitors, or keeping them in deliberately poor conditions to evoke sympathy. Then there is sexual exploitation—children are vulnerable to sexual abuse by staff, volunteers and organised criminal groups targeting these facilities. Then there is forced labour: children being forced to perform labour such as working on a director’s land, doing excessive domestic chores, or begging on the streets. Then there is illicit adoption: in some cases, children are recruited for the purpose of illicit, fraudulent adoption, with documentation falsified to facilitate the process and generate profit.

This is an evil trade, and it is well organised. These so-called child-finders lure families into giving up their children through deception, coercion or payment. Gatekeeping procedures are bypassed or manipulated, often by falsely declaring children as abandoned or creating fraudulent documents. The child’s identity is altered—the child’s name is changed to establish an orphan identity and make them untraceable by their biological family. The child is maintained in the institution long term for ongoing exploitation and profit generation through donations and sex tourism. My noble friend’s amendment deserves Government support.

[Baroness Butler-Sloss (CB)]

My Lords, I strongly support this amendment. As the Minister might notice, it is not intended to be dealt with under the Crime and Policing Bill but under the Modern Slavery Act. That means, in a sense, it is probably simpler for the Government to accept it, because it is an improvement to an Act of 10 years ago. I am not quite sure why, oddly enough, the noble Lord, Lord Randall, and I did not think about it in those days, but it was not raised.

When I was a judge, I had the specific example of a child being put into an orphanage by their father, with the intention of a large amount of money being paid eventually for that child to be adopted. The child was in the process of being adopted in England by an American family who came to England. The whole set-up was so unsatisfactory that the child was removed and went into care. The question then was whether the child should go back to the natural parent—the father—but the problem was that he had put the child into the orphanage.

This is a very serious issue that is seriously underestimated and not well known. The very least the Government could do is to amend the Modern Slavery Act.

[Baroness Sugg (Con)]

My Lords, as my noble friend Lord Randall said, I too recently met the Hope and Homes for Children charity. This amendment helps to name, define and criminalise the form of exploitation my noble friend set out. As he said, it is often hidden behind humanitarianism or done in the name of childcare. The deception, exploitation, control and harm that children face in these institutions have all the hallmarks of modern slavery. That is why it is important not to treat it separately from modern slavery. By including it we will, I hope, help to ensure that traffickers cannot claim that they operate as charities, rather than being the exploitative institutions that they are. The amendment would help to close a legal gap and, hopefully, disrupt the financial incentives that create harm. I look forward to hearing the Minister’s response to my noble friend’s arguments.