Modern Slavery Bill
Baroness Doocey Excerpts(9 years, 9 months ago)
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Baroness Doocey
“Offence of child exploitation
(1) A person who exploits a child commits an offence.
(2) Where the exact age of the child cannot be determined, it shall nonetheless be an offence under subsection (1) to exploit a person if the accused believed, or had reasonable grounds for believing, that the person exploited was under 18.
(3) It shall be an offence even if there was no threat or use of violence, or other form of coercion, deception or any abuse of a position of vulnerability.
(4) Exploitation means the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, including begging, slavery or practices similar to slavery, servitude, or the exploitation of criminal activities, or the removal of organs.
(5) 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.(6) Where the person exploited is a child, the consent or apparent consent to the exploitation of the child, or of any person having lawful authority over the child, is irrelevant.”
Baroness Doocey (LD)
My Lords, the amendment would introduce a separate offence of child exploitation. I acknowledge that the amendment that the Government have just moved goes some way to meeting the concerns expressed in Committee by noble Lords across the Chamber and by the large number of voluntary organisations that work with exploited children. I very much welcome the government amendment as a major step forward; however, I still have two key concerns that I ask the Minister to address.
First, the Bill is not clear enough on the issue of children who are exploited but where the child is not forced to commit a crime. I know that the Government are seeking to ensure that the offence of,
“Slavery, servitude and forced or compulsory labour”,
in Clause 1 reflects the fact that children can be influenced in subtle ways. However, for Clause 1 to have the same effect as a separate child exploitation offence, the Government need to make explicit their intention that it shall be an offence, even if there is no evidence of force. The Minister, in his letter of 16 February to the noble Baroness, Lady Royall, said that the Bill makes clear that:
“Where a person deliberately targets a vulnerable person, such as a child, there is no requirement for any force, threats or deception to be used to induce the child into being exploited”.
If the Government were willing to include this wording in guidance, that would go a long way to meeting my concerns in this area. Children who are groomed into criminality or begging often become very attached to their exploiters, identifying with them so closely that they do not understand that they are being exploited. This presents a problem for prosecutors when deciding whether a case has a realistic prospect of a conviction. Because of this uncertainty, many of these cases never get to court. Perhaps the Minister will deal with this point when he responds.
My second area of concern is to ensure that the definition of “exploitation” is crystal clear to everyone. Criminality is ever-changing, as are the ways people find to abuse and exploit the vulnerable. Children are being specifically targeted for use as domestic slaves, to guard cannabis factories, for harbouring guns, for serial theft and increasingly for use as drug mules. However, the evidence available to police in these cases often does not reach the threshold required to prove slavery, servitude or forced or compulsory labour. That is why it is so important to ensure certainty over what constitutes exploitation, so that people who exploit children can and will be brought to justice.
I was interested to hear the list that the Minister read out of all the really important people who do not think a child exploitation clause is necessary, such as the Director of Public Prosecutions and the national policing lead. However, the myriad offences that the Government and these people say can currently be used to prosecute child exploitation are simply not being used. This is reflected in the pitifully low number of convictions. Charities and other organisations working in this area on a daily basis are encountering cases of exploited children slipping through the net time after time. In the past two years, the police have identified more than 1,000 child victims of human trafficking, but the Government have been unable to indicate a single prosecution of forced labour involving a child victim. In total, there were just 41 prosecutions for human trafficking offences last year.
I very much welcome the Minister’s statement that the Director of Public Prosecutions and the national policing lead will now work together to raise awareness on how to prosecute child exploitation, but I hope that there will also be appropriate recognition by police and crime commissioners to prioritise child exploitation and to provide training for front-line police officers. This training must make use of face-to-face lectures by recognised experts in this field. Too often, so-called training involves nothing more than giving police officers a CD and asking them to sit in front of a computer screen and listen to it when they get time.
I shall keep a very close eye on how this new legislation is implemented. If expectations are not fulfilled, there will be clear demands to reopen the legislation all over again to enable more effective prosecutions, because we must protect the most vulnerable in our society: our children. I beg to move.
Baroness Royall of Blaisdon
My Lords, I rise to support the noble Baroness, Lady Doocey, in her Amendment 5. As I mentioned in the last grouping, while I welcome government Amendment 4, in my view it does not go far enough. It is evident that something is missing in the current legislative framework that is preventing criminals who exploit people of whatever age being brought to justice—but especially with regard to children.
The noble Lord, Lord McColl, referred to the Coroners and Justice Act 2009. Nationally, according to Crown Prosecution Service data, there have been no cases of a prosecution where a victim was a child since the introduction of Section 71 of the Coroners and Justice Act on slavery, servitude and forced labour. Yet, of the 59 defendants charged with human trafficking offences in 2013-14, there was only one case that was not sexual exploitation in cases relating to child victims. Clearly, the numbers are not adding up.
Although we were grateful for the views of the Director of Public Prosecutions, Alison Saunders, the national policing lead for modern slavery, Chief Constable Shaun Sawyer, and the director of the Organised Crime Command at the National Crime Agency, Ian Cruxton, in the letter that we received last week, we still feel that there is a legal difference of opinion on this issue which has not been resolved. The noble and learned Lord, Lord Judge, who was until recently the Lord Chief Justice and the most senior criminal judge in the country, said of the Bill:
“We are making provisions for slavery, servitude and compulsory labour in clause 1 of the Bill. In clause 2, trafficking is the offence. It becomes an offence because you do it with a view to exploitation … You could have an offence of trafficking, full stop, and a separate offence of exploitation”.
Baroness Doocey
My Lords, I am a bit disappointed that the Minister did not answer the question I asked him. I asked whether he was willing to put into guidance the words that he used in the letter to the noble Baroness, Lady Royall:
“Where a person deliberately targets a vulnerable person, such as a child, there is no requirement for any force, threats or deception to be used to induce the child into being exploited”.
That was the key concession that I was looking for, because talk is cheap but actions speak louder than words. I really wanted that to be in guidance so that the police in particular, and everyone else, were very clear about what was meant by “exploitation”. Can the Minister deal with just that point?
I thank everyone who has spoken. It has been an interesting debate. I take on board a lot of the comments made. I do not agree with all of them. The amendment is clear and would have made a significant difference to children who are being exploited on a daily basis and to those children who are slipping through the net, which we know is happening despite what the police and the DPP say. All the organisations which work with such children on a daily basis are giving us evidence of children who are slipping through the net—and it does not just involve children who are sent out to beg by their parents.
However, I recognise that the Government have moved substantially on this issue. If they could include in guidance the words in the letter to the noble Baroness, Lady Royall, that would be very useful indeed. I shall continue to work with non-governmental organisations and charities on this issue. Does the Minister want to come back?
Lord Bates
I am happy to put some additional words on the record on this point while I await further inspiration on the specific issue of guidance, if that is a hint to those behind me.
I am happy to reassure my noble friend that there is no requirement in a Clause 1 offence to prove physical force, threats or deception, including where the victim is a child. Of course, where there is evidence of, for example, physical force having been used against a victim, it would be helpful evidence for the prosecution to use, but it is not needed to prove the offence of slavery, servitude or forced or compulsory labour. The Government have changed Clause 1 several times to ensure that the specific circumstances of vulnerable victims, including child victims, are fully considered. We have already made it clear that the consent of the victims does not prevent a conviction and that all forms of vulnerability can be taken into consideration by the court.
The guidance would be for the Director of Public Prosecutions to issue. We have said that the DPP and the Crown Prosecution Service will work together to ensure that there is a more effective—
Baroness Doocey
That is very helpful. I thank the Minister very much. Nobody will be happier than me if all my worries are proved groundless. I will be absolutely ecstatic, as will all the non-governmental organisations and the charities that work with these poor children on a daily basis. I will continue to monitor. I pay tribute to all the charities and the NGOs, which have done so much excellent work in this field over so many years. It must have sometimes appeared to them that they were battling the elements and bashing their heads against a brick wall.
I also place on record my thanks to the Minister for his determination to get this legislation right and for his willingness at all times to listen and respond to concerns from everyone across the House and from all the people who work with children on a daily basis. I thank him very much and I beg leave to withdraw the amendment.
Modern Slavery Bill
Baroness Doocey Excerpts(9 years, 12 months ago)
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Baroness Doocey
“Offence of child exploitation
(1) A person who exploits a child commits an offence.
(2) Where the exact age of the child cannot be determined, it shall nonetheless be an offence under subsection (1) to exploit a person if the accused believed, or had reasonable grounds for believing, that the person exploited was under 18.
(3) It shall be an offence even if there was no threat or use of violence, or other form of coercion, deception or any abuse of a position of vulnerability.
(4) Exploitation means the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, including begging, slavery or practices similar to slavery, servitude, or the exploitation of criminal activities, or the removal of organs.
(5) 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.(6) Where the person exploited is a child, the consent or apparent consent to the exploitation of the child, or of any person having lawful authority over the child, is irrelevant.”
Baroness Doocey (LD)
My Lords, the amendment introduces a new, separate child exploitation clause aimed at filling the gaps which, despite the Government’s amendments, still exist in the Bill. Clause 1 requires evidence of slavery, servitude and forced or compulsory labour. However, force or compulsion should not be required in the case of children because a child can be controlled far more easily than an adult, and in many cases without direct force or compulsion. That is one of the reasons why we need a separate child exploitation clause. Clause 2 does not require just evidence of trafficking; it also requires proof that the trafficking took place with a view to exploitation. Proving that somebody was trafficked is difficult enough, but proving that they were trafficked with a view to exploitation is almost impossible, and proving both in the case of children, who are moved at the behest of adults, sets the bar far too high for the CPS to be able to prosecute.
There are a number of circumstances in which children are being exploited that would not be deemed offences under the Bill: children who had not been trafficked but had been sent out to the streets by family members to beg or to steal; children used to make multiple claims for benefit; children brought in from baby farms overseas to be illegally adopted. I shall give two examples of what is actually happening. When I was serving on the Metropolitan Police Authority, the police went into a house and found a young girl of about 12 years of age who was looking after three children under six. She was working from dawn to dusk: cleaning, cooking, washing, ironing, looking after the children. The bed was a mat by the fire. She had never been to school. The police removed her from the house and took her to social services. However, social services brought her back to the same house the next day, saying that compared to some of the children that they had pulled out of crack joints, she was living in the lap of luxury. The only thing the police could prosecute for was the fact that she had not been to school and they could not home-school her. Once the aunt and uncle—so-called—had promised to send her to school, they basically got off scot free, because there was no way the police could prove that she had been trafficked with a view to being exploited.
In another case, a girl of 12 was sold by her mother in west Africa to a woman who brought her to London to exploit her in domestic servitude. After about a year the woman’s next door neighbour started to ask questions about the girl: where she had come from, what she was doing. The woman immediately sold her on to another man, who also exploited her in domestic servitude. When the police were finally contacted, they said that they could not prosecute this man because he had not trafficked the girl into the country.
If either of these cases of exploitation happens after the Bill becomes law the authorities would still be unable to prosecute, because they would be unable to prove the trafficking element required under Clause 2. I am not alone in believing that a separate child exploitation clause is essential. The Joint Committee on which I sat, which scrutinised the Bill, recommended such a clause. The 41 NGOs which form the Refugee Council’s consortium, including ECPAT, the NSPCC, UNICEF and the Children’s Society, believe that such a clause is necessary. Leading barristers whose daily work is to prosecute these cases, several of whom gave evidence to the Joint Committee, also believe that the clause is necessary. The amendment that I propose makes it an offence to exploit a child, but it also defines that exploitation using the exact words of article 2 of the EU directive on human trafficking, by which our courts are already bound.
This amendment makes explicit the fact that a child cannot consent to their own exploitation and it removes the need to prove any threat, coercion or deception. The Government have tabled an amendment that says that consent is irrelevant for the offences in Clause 1. That is very welcome because it brings Clause 1 into line with the trafficking offence in Clause 2. However, it does not change the fact that we still need a separate exploitation clause, because in many cases exploiting a child will simply not meet the threshold required for slavery, servitude or forced or compulsory labour.
I cannot say with any certainty how many children are being trafficked and/or exploited in the United Kingdom today—no one can, because our system of justice has failed properly to recognise that such offences exist, let alone to investigate how often they occur. That is a sadly familiar tale, as we have seen recently in the evidence from the Jay report into child sexual exploitation in Rotherham. We must take the opportunity afforded by this Bill to provide a legal framework which offers the very highest standards of protection to children, recognising, as we do in so much other legislation, that children need a higher standard of protection than adults and, sadly, sometimes a higher standard of protection from adults. We need a specific offence of child exploitation to tackle the deficiencies in the Bill. If we do not get it, we will fail the many hundreds, if not thousands, of children who are exploited in our country every day. I beg to move.
Lord Rosser
My Lords, we have Amendments 24 and 26 in this group, which have a very similar theme to that of the amendment proposed by the noble Baroness, Lady Doocey.
The recent report on child sexual exploitation in Rotherham shocked a great many people, not least due to the extent of the abuse that had taken place. Approximately 1,400 children were sexually exploited over the full inquiry period from 1997 through to 2013. Victims were raped by multiple perpetrators, trafficked to other towns and cities in the north of England, abducted, beaten and intimidated. This was against a background in May this year of the case load of the specialist child sexual exploitation team being 51.
Many victims were unable to recognise that they had been groomed and exploited, and some blamed themselves for not just their own abuse but for what happened to other victims. Although there have been a small number of prosecutions for offences against individual children, many children refused to give evidence or withdrew statements as a direct result of threats, intimidation and assaults against them or their families. We have had similar cases in Oxford and Rochdale that the authorities concerned did not appear to pick up, perhaps because of a lack of awareness of the offence of child exploitation. That is a reason for wanting to see the specific offence of child exploitation as well as the offence of child trafficking included in the Bill.
Around a third of all known victims of modern slavery in the United Kingdom are children and the number is growing, not least because they are being specifically targeted due to their age and vulnerability. Yet according to Crown Prosecution Service data, there have been no cases where the victim was a child at the time of the prosecution since the introduction of Section 71 of the Coroners and Justice Act 2009 on slavery, servitude and forced or compulsory labour. The significance of this point is that the Section 71 offence appears to have been transposed into Clause 1 of the Modern Slavery Bill.
The Joint Committee on the Modern Slavery Bill recommended that an offence of child exploitation should be included in the Bill to make clear that child exploitation is even more serious than that of an adult and that consent elements can never be an issue for children. The Sexual Offences Act, for example, already accepts the principle of separate and more serious offences against those under 18. This Bill as it stands does not contain any explicit criminal offence of child exploitation. Our amendments make clear that children do not have the legal capacity to consent to any form of exploitation as recognised in international law and would increase the likelihood that many more of those who traffic, exploit and abuse children would be brought before the courts.
As has been said, children are also at a disadvantage when it comes to providing evidence since they do not usually understand that they have been trafficked or even understand what it means, let alone be aware of what kind of evidence is needed to pursue a prosecution in relation to being trafficked to a location or situation of exploitation. That will be particularly likely if parents or others close to the children concerned have been involved in the trafficking, with the result that while a child may be able to say what happened when they were exploited—through, for example, domestic servitude or prostitution—they are much less likely to be able to help in terms of the perpetrators of a trafficking offence.
It has already been said that since movement or travel is a key component of exploitation, the reality that children are often unable to explain who brought them to a particular house or location where they have been exploited—our amendments include examples of the many different forms of child exploitation—means that no prosecution happens.
Creating separate offences of child exploitation and child trafficking will help to overcome the significant and crucial problem in respect of children and help to achieve the objectives of the Bill, which are to reduce the incidence of modern slavery in its different forms and bring more perpetrators to justice. The separate offence of child trafficking will ensure that those involved in this equally awful activity can be brought to justice for this offence as well as for exploitation.
Baroness Doocey
My Lords, I am very grateful to all noble Lords for their contributions to this debate. It is an emotive topic, which absolutely everyone around the Committee wants to get right. We are all on the same side; this is not a question of one person versus another.
I feel strongly that we need a child exploitation clause. I have no doubt about that but will deal with a couple of points. The Minister gave an example of where the CPS had prosecuted somebody who was begging. I can give the Minister a number of examples where the CPS has not prosecuted in the case of begging, because it was advised that it was not possible to do so. The Minister also said that bringing babies into this country from baby farms with a view to illegal adoption would, under our laws, be illegal. I do not think that anyone would disagree with that, but you would have to find the people who had adopted those children illegally, and unless you did, how on earth could you prosecute them? We need to stop it happening. The Minister also said that it would be necessary to encourage the police to prosecute, but I worked with the Metropolitan Police for eight years and do not believe that they need any encouragement to prosecute. What they need are the tools of their trade in order to do so.
I certainly would not consider trying to argue points of law with the noble and learned Baroness, Lady Butler-Sloss, and other noble and learned legal eagles, because I do not know the law. However, what I do know is that every single NGO that works on the ground with children says that what we have at the moment is not working. In this Bill, we have a cut-and-paste from lots of other Bills, putting it all in one place. But there is a major gap in the lack of a child exploitation clause, because it is not possible to prosecute somebody for exploiting a child under the Bill unless you can also prove that they were trafficked with a view to exploitation.
Lord Alton of Liverpool (CB)
Before the noble Baroness goes any further, I wish to reinforce the point that she made. She referred to the work that she has done with the Metropolitan Police. I suspect that she will have seen the debate in another place that took place on 4 September. I will cite the quotation given during that debate from a chief inspector of the Metropolitan Police who pointed out the flaws of the current proposals from a prosecution perspective. These were his words:
“If I was reading this from a lay perspective, I would not read into this Bill that a child begging, or using children to obtain fraud which is to their detriment, or putting a child out on the street to steal for sometimes 12 to 18 hours a day is trafficking and exploitation”.
Is that not the main thrust of the argument of the noble Baroness and why, between now and Report, we need to take very seriously the amendment that she has moved?
Baroness Doocey
I am grateful to the noble Lord, Lord Alton, for that interjection, which is very timely and demonstrates clearly the points I am trying to make. The other important point is that almost every senior barrister working on these prosecutions, whether advising the CPS or the police, takes the view that it is absolutely vital to have a separate child exploitation clause. Therefore, I am pleased that the Minister has said that the Government are willing to see more evidence, which we will make sure is provided, and to look again at this, because I have absolutely no doubt that we need it as a matter of urgency. How many times have we heard about a major scandal, where we then have a major investigation and hear lessons have been learnt, only to find a couple of months later that something very similar happens? Lessons are not learnt. Let us legislate to make sure not just that there is the corporate memory that is needed but that we can actually prosecute people for this.
Baroness Howarth of Breckland
Is the noble Baroness absolutely convinced—because she sounds as though she is—that simply having a new law on the statute book will change this? We have a plethora of laws on the statute book at the moment and children languish in situations of neglect and exploitation—a range of different situations—simply because there is poor practice, a lack of resources and a total lack of understanding. Does she really believe—she probably does but needs to convince me—that another statute will actually change all that?
Baroness Doocey
Yes, the answer is that I do. The reason I do is because everyone who works with children and works in this field on a daily basis, and whose job or life is about trying to deal with child exploitation, believes that it will make an enormous difference. Therefore, I have no need to be convinced because I am utterly convinced. However, having listened to the Minister say that the Government are listening and are perhaps willing to moderate what they are going to do, I am happy to beg leave to withdraw the amendment.
Modern Slavery Bill
Baroness Doocey Excerpts(10 years ago)
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Baroness Doocey (LD)
My Lords, first, I declare an interest as a vice-chair of the All-Party Group on Human Trafficking and Modern-Day Slavery. I, too, served on the Joint Committee that looked at the draft Modern Slavery Bill. The dedication and sense of shared purpose with which members of all parties carried out the committee’s work is a testament to the excellent leadership of our chair, Frank Field MP. It is therefore regrettable that the Government chose to ignore many of the committee’s recommendations.
I, too, applaud the Home Secretary for bringing forward the long-overdue Bill. However, a number of issues need to be addressed to turn this into a Bill which would set the standard for the rest of the world. My key interest in the Bill is in offences against children, an area which is not adequately covered. Part 1 requires evidence of forced or compulsory labour. However, this should not be required in the case of children. A child can be controlled far more easily than an adult—in many cases, without force or compulsion—so we should accept this and include in the Bill a separate offence for child exploitation. There are a number of circumstances where children are being exploited but which would not be deemed an offence under the Bill, as drafted. Let me give just three examples.
The first is of children being exploited for benefit fraud. A regular scam being used is for a female so-called relative to claim that a child’s mother has been killed in her home country. She then claims asylum for the child, whom she says she is now looking after. If officers allow the child to stay with the woman, she will receive asylum support until the child reaches the age of 16. The same child is then passed from one person to another for the sole purpose of making multiple claims for the same child in various parts of the UK.
My second example concerns children being brought in from baby farms for the purpose of illegal adoption. The CPS has continually failed to demonstrate how it will prosecute anyone for the trafficking of babies and infants. Because infants cannot, by definition, give evidence, these cases simply cannot reach the threshold for slavery, or forced or compulsory labour. An offence of child exploitation would be an unambiguous solution to this problem.
My final example concerns children being exploited for criminal purposes such as begging. Children cannot consent to being exploited, but in most cases they will accept what they are being asked to do by family members without question, because doing what adults tell them is considered normal. Exploiting children is big business. The Metropolitan Police estimates that each child used for begging in London can bring in up to £100,000 per annum for their gangmaster. The committee on which I sat recommended a specific offence which says simply that it is illegal to exploit a child, or to obtain benefit from the use of a child, for the purpose of exploitation. That is simple, yet, for reasons which I fail to comprehend, the Government do not agree. However, those charities that work daily with vulnerable children, including UNICEF, the Children’s Society and ECPAT, believe that the case for a separate child exploitation offence is overwhelming. They are right.
I will briefly mention one other area of the Bill which I believe needs to be enhanced. Like the noble Baroness, Lady Kennedy of Cradley, I, too, have concerns about Clause 45, which provides a statutory defence for slavery or trafficking victims who are compelled to commit a criminal offence. This does not go far enough to protect children, because to be able to use the protection of this defence, an already traumatised child needs to prove that they were compelled to commit an offence and, in addition, that it was a direct result of slavery or trafficking. This is an unnecessary burden and goes against our human rights obligations, because we are required to ensure that trafficked children are protected and not treated as criminals when the crimes they commit are integral to, or consequent on, their trafficking or exploitation.
In conclusion, the National Crime Agency estimates that more than 600 children were trafficked into the UK in 2013 for the purposes of exploitation. This is, on average, almost two children every day. Girls were exploited predominantly sexually and boys largely for criminal or labour purposes. These are shocking statistics, but there is a general consensus among all the agencies that work in this field that the true figure is likely to be significantly higher. People trafficking is the second or third largest source of income for organised crime, up there with drugs and the arms trade. We must do everything in our power to enable the police to prosecute these criminals.
The way we treat our children defines us as a society. It is almost beyond belief that child slavery and exploitation is still happening in this country. A separate child exploitation offence would make a fundamental difference to the lives of hundreds, if not thousands, of children who are being exploited daily. This is a golden opportunity. Let us not waste it.
Human Trafficking and Modern Slavery
Baroness Doocey Excerpts(10 years, 5 months ago)
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Lord Taylor of Holbeach
I do not want this to be a self-congratulatory Question, but the noble and learned Baroness has been instrumental through her leadership of the pre-legislative scrutiny in presenting the Government with opportunities to consider aspects of the Bill, many of which have of course been incorporated. Yesterday, the Home Secretary met representatives of the British retail industry. It was a very successful meeting. As the noble Baroness will know, we believe that the best way of tackling supply-chain abuse is through a code that all retailers will sign up to.
Baroness Doocey (LD)
My Lords, how can the Government justify their stated belief that new offences such as child trafficking and child exploitation should not be included in the Modern Slavery Bill on the basis that they will be less familiar to the judiciary than existing legislation?
Lord Taylor of Holbeach
I know that the noble Baroness, who was also a member of the pre-legislative scrutiny committee on the Bill, has a particular point of view on this matter. It is the Government’s view that modern slavery is about not just children but also adults, and that the law on modern slavery needs to be clearly applied to everybody who is a victim of this dreadful scourge.
Modern Slavery
Baroness Doocey Excerpts(10 years, 10 months ago)
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Lord Taylor of Holbeach
I know Mr Boff, so I am grateful for that suggestion from the noble Lord. As he will know, because we have discussed this matter on occasions, we changed the rule to return the route to its original purpose: a temporary visa to allow domestic workers to accompany their existing overseas employers on a short-term visit to the UK. The previous approach allowed employers, including UK citizens, to bring domestic workers into the UK for longer periods. This potentially encouraged abuse. I have met the noble Lord, as he will confirm, but I have also met Kalayaan, which advocates change in this area, to discuss this issue, and I will continue to be ready to meet them.
Baroness Doocey (LD)
My Lords, about four out of 10 victims of trafficking are children. An operation carried out jointly by the police and the UK Border Force found that about one-third of the unaccompanied children coming into Heathrow were deemed to be at risk. When are the Government going to start collecting data on the number of unaccompanied children who come through our ports each year so that we can tackle this heinous crime?
Lord Taylor of Holbeach
I know of the noble Baroness’s interest in this matter. We have data on unaccompanied young people seeking asylum. There were 1,125 who came in on that basis. We do not record data on young unaccompanied children who are not seeking asylum. Immigration officials will take action under Section 55 of the Borders, Citizenship and Immigration Act 2009 to identify and protect any unaccompanied child who is at risk. That section requires them to make arrangements to safeguard and promote the welfare of children.
Anti-social Behaviour, Crime and Policing Bill
Baroness Doocey Excerpts(10 years, 12 months ago)
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Baroness Doocey
“IPCC: requirement to carry out investigations
In section 10 of the Police Reform Act 2002 (general functions of the Commission) after subsection (2) there is inserted—“(2A) In carrying out its functions in subsection (1)(a) with regard to investigations under subsection (2)(c), the Commission shall ensure that the majority of investigations are conducted by the staff of the Commission.””
Baroness Doocey (LD)
My Lords, in moving this amendment, I shall speak also to Amendments 56QZF and 56QZG. The object of these amendments is to strengthen the independence and transparency of the IPCC. They would do so by increasing the proportion of independent investigations carried out by the IPCC, reducing the proportion of IPCC investigators who are former police officers and requiring the IPCC to report annually to Parliament.
Amendment 56QZE would require that, in the case of serious complaints, the IPCC would carry out the majority of investigations itself. To maintain the culture of policing by consent, there must always be an effective response to valid complaints and the public rightly expect independence and transparency in the investigation of such complaints. But last year, just one in 17 of the serious cases referred to the IPCC resulted in an independent investigation. I am sure that that is not what Parliament intended when the IPCC was set up, nor will this approach maintain public trust and confidence.
The House of Commons Home Affairs Committee considered the work of the IPCC on two occasions, most recently in January this year. Its report highlighted concerns about the independence of the IPCC’s investigations and the impact on its work of a high caseload and restricted resources. The IPCC has itself accepted that it must take on more independent investigations, and the Government have assisted it to do so by providing additional funding. Can the Minister indicate how much additional money it is to receive? The amendment seeks to ensure that, in future, the majority of serious complaints are independently investigated by the IPCC.
Baroness Hamwee
Before my noble friend responds, perhaps I may add to the list of things that she might want to mention. As I understand it—I would be interested to know whether I read this correctly—my noble friend seeks a spread of experience. Points can be made about the date and the percentage, but what is important, apart from independence and the perception of independence, is that good practice—there is a lot of it among the police, but it is not confined to the police—could be spread to the non-police investigators and, conversely, that experience from elsewhere might be shared with those who have that professional background.
The last time that I took even the slightest issue with the noble Lord, Lord Stevens of Kirkwhelpington, somebody said to me, “Watch it, they’ll all have your car registration number”. However, I drive so slowly as perhaps to be a problem in that way.
We are trying to get to a good mix. Nobody exclusively has the right experience or the right way to approach these matters.
Baroness Doocey
My Lords, I thank the Minister—my noble friend the listening Minister—for his positive response. I confirm that I was referring to serious cases —he was right about that—not the cases that should rightly be dealt with at a lower level. I apologise to the House if I did not make that entirely clear.
I am delighted that the Minister has confirmed that, in future, all serious cases will be investigated independently by the IPCC. That is very important. Everyone who has made comments agrees that it is important that the IPCC is not just independent but seen by the public to be to be independent. We can all agree on that.
However, I am concerned about the issue of a date. To me, the words “direction of travel” mean, “Kick it into the long grass”. It would be sad if that happened. I understand the experience of noble Lords who have spoken, and it may well be that the date that I chose is too soon, but there must be a date as a cut-off point. If there is not, it could go on and on; that would be very wrong. We must deal with this issue of the perception of the police investigating the police. That will continue as long as the vast majority of investigators are former or seconded police officers.
Having said that, I have no desire for the IPCC to lose very good officers who are doing a very good job and who have experience. The issue is not to throw the baby out with the bath water. There is time for us to modify my proposal, which the noble Lord, Lord Harris of Haringey, has agreed that we should do. With that in mind, I beg leave to withdraw the amendment.
Police: Public Trust
Baroness Doocey Excerpts(11 years ago)
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Baroness Doocey (LD)
My Lords, I thank my noble friend Lord Paddick for enabling the House to consider the question of public trust in the police. Public trust is absolutely vital. A loss of public trust can damage the reputation of any organisation, but because public trust is vital to the functioning of the police, the effects of its loss are much worse.
The problem has become more acute in recent years because of a change in the climate of public opinion. People have become increasingly sceptical about power and authority generally. In a healthy democracy, that is not necessarily a bad thing, but this scepticism can easily tip over into a corrosive cynicism.
Therefore, it has become more important to ensure that public trust in the police is protected and enhanced. This can be done only through the effective, transparent and fair resolution of complaints made against our police. The vast majority of police officers are honest and hard-working, and they should not have to suffer public criticism because of the failure to investigate properly the activities of a badly performing minority.
The system currently used to resolve complaints is through the Independent Police Complaints Commission. However, there are a large number of problems with the IPCC that combine to undermine public confidence. The IPCC generally lacks independence from the police. Most investigations of complaints are carried out by the police themselves, and relatively few are investigated independently by the IPCC. When the IPCC investigates complaints, a large number of these investigations are conducted by former or seconded police officers. The IPCC lacks transparency and does not do enough to ensure trust and confidence in its work.
A major problem for the IPCC is its perceived lack of independence. That is ironic, given that the principles of transparency and independence were central to its creation. Unfortunately, the IPCC has not lived up to those high hopes of independence. It has the power to carry out independent investigations, but in the vast majority of cases it delegates those investigations to the police.
There are presently four categories of investigation. Most fit into the two least serious categories—local investigations and supervised investigations—where all investigation work is done by the police. That is not a problem when it comes to more minor cases, where a complainant agrees to a local review. However, it is a problem when the case is more serious. The third and more serious category of investigation is the managed investigation. This still relies on police to carry out the investigative work. Even when we reach the most serious of the four categories, independent investigation, many people would be surprised to find that, in most cases, it is still former or seconded police officers who carry out the investigations. That lack of independence, even in many of the most serious cases, undermines public confidence.
The IPCC’s own statistical review identified that, in 2011-12, the IPCC upheld more than 1,400 appeals against the outcome of investigations—a huge, 40% increase on the previous year. The IPCC investigates only a tiny proportion of complaints about the police and only a small proportion of even the most serious cases. That becomes absurdly clear when one sees how many complaints are made and how few are investigated independently. In 2011-12, more than 31,000 complaints were made about police officers in England and Wales. Compare that figure with the total number of police officers in post—some 134,000—and the scale of the problem becomes clear.
Of course, not all complaints warrant the attention of the IPCC. It is right that low-level complaints about rude and uncivil behaviour by police officers, for example, should be considered by their supervisors, provided there remains an independent appeals process. However, not enough serious cases are subject to independent investigation. For example, of the 128 deaths in police custody in the five years to 2008-09, only 43—just over a third—were independently investigated. The overall number of referrals—that is, the more serious cases demanding the attention of the IPCC—was 2,165 in 2011-12. However, of those 2,000-plus referrals, the IPCC launched only 126 independent investigations—just one for every 17 cases referred.
To restore public confidence in the independence of the IPCC, we need more independent investigations and fewer police officers working as IPCC investigators. We should remember that it is not just for victims that we need an effective police complaints system. Only by prompt, open and fair investigation will honest police officers be able to continue to police by consent. I look forward to the opportunity to address this issue in more detail as we continue to consider the Anti-social Behaviour, Crime and Policing Bill.
Anti-social Behaviour, Crime and Policing Bill
Baroness Doocey Excerpts(11 years, 1 month ago)
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Baroness Doocey (LD)
My Lords, there are some welcome provisions in the Bill, but I am concerned that many of the reforms will cost money, yet no additional budget appears to have been proposed to make the necessary changes, at a time when police and local authorities are facing significant financial challenges.
I shall focus on just a few of the specific issues. There is no doubt that if the dispersal powers proposed in Part 3 of the Bill are used well, they can prevent tensions rising in an area, and can also prevent other serious illegal activity. But although dispersal will give short-term relief at a particular site, longer-term work will be needed to avoid displacement to a nearby location. We must also recognise that “intelligence-led” preventive dispersal orders on, say, a housing estate may be unfair if those subjected to such an order are resident on that estate.
Very significant powers are already available to the police for public order offences, so care must be taken to see what value will be added by creating these new powers. The most effective solutions to anti-social behaviour tend to be community based rather than legislative, so the focus of our attention should be on rebuilding coherent communities, which would produce all kinds of social benefits besides reducing anti-social behaviour. The proposed “community remedies”, whatever their merits, are not a substitute for this.
Part 5 of the Bill makes provision for the possession of secure tenancies on anti-social behaviour grounds. In practice, this would usually apply to social housing. But there could be real conflict about the definition and threshold of anti-social behaviour. I believe that this is better tackled by clear application of tenancy terms and by mediation between tenants.
There is also the question of alternative accommodation. The lack of alternative accommodation and the capacity needs of many of the tenants already severely limit local authorities’ capability to evict, as they have a duty of care towards the tenant. Moving tenants of social housing may mean moving them significant distances, particularly outside densely populated areas. What will be the consequences for schooling the children? Will this create more problems than it solves?
Part 7 of the Bill covers the problem of dangerous dogs. I very much welcome the fact that the new legislation will extend current police powers into private premises, which means offences committed on private property can now be dealt with. However, I am concerned that the Bill does not address the problem of dogs being deliberately bred as weapons, or for fighting, or to be used as “bait” in fights, which is quite common. This is quite distinct from the problem of irresponsible owners. The Bill is a missed opportunity to put things right. Indeed, the proposed “trespasser” defence risks encouraging the keeping of dogs as defence weapons at home, and provides an unacceptable defence in court against charges of deliberate ownership of such dogs.
The increased powers proposed for the Independent Police Complaints Commission in Part 11 of the Bill, are broadly welcome, but we must ensure that any reforms restore public confidence. The main reason for the lack of public confidence is that the IPCC conducts relatively few investigations itself, but in the vast majority of cases allows the police to investigate themselves. The Bill provides an ideal opportunity to remedy this failing.
It is not simply a question of the IPCC carrying out a higher proportion of investigations. These investigations should not be carried out by police officers or former police staff working for the IPCC; otherwise there will remain a lack of public confidence in the independence of investigations. For this reason, transferring resources from individual police forces’ professional standards departments and other relevant areas to the IPCC is the wrong approach. There are already far too many former police officers working for the IPCC. According to the IPCC’s annual reports, in the past two years all senior investigators have been former police officers or police staff, as have half of all deputy senior investigators and over a quarter of all investigators. The IPCC must live up to its name and build an independent investigation team large enough to do its work, which is drawn from other investigation services, in a similar manner to the way in which local authority and fire authority investigation and enforcement teams work.
There are some very welcome provisions in this Bill, but I remain concerned that many of its provisions could have unintended consequences. I trust that the Government will listen to concerns from noble Lords in all parts of the House and respond by tabling amendments to address some of those concerns.
Children: Sexual Abuse
Baroness Doocey Excerpts(11 years, 1 month ago)
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Baroness Doocey (LD)
My Lords, I, too, thank the noble Baroness, Lady Howarth, for providing this opportunity to debate such an important issue. In the short time available, I would like to concentrate on the issue of child trafficking. Most of the children trafficked into, within and from the UK are trafficked for the purpose of abuse. The UK Human Trafficking Centre’s annual assessment identified more than 2,000 potential victims of human trafficking in 2012. Of these, 549 were children—a 12% increase from 2011. Some 152 children were believed to have been trafficked solely for sexual exploitation. The other 397 children were trafficked for criminal exploitation, such as benefit fraud and cannabis cultivation. They may also have been victims of sexual abuse, a tactic often used to control victims. These figures represent only the tip of the iceberg. The true scale of the problem is not recognised because many front-line practitioners do not understand the concept of trafficking and do not identify children who are showing signs of being trafficked. Unless and until these professionals and their managers receive the necessary training, trafficked children will continue to go under the radar and be put at risk of significant harm.
One of the great success stories in the battle against trafficking was Operation Paladin Child at Heathrow Airport, which did some superb work. Despite this, though, it was merged in 2010 with the Child Protection Unit. The Child Protection Unit has now been merged into the Met’s rape command, and the Paladin team now operates only part-time. These mergers risk a loss of focus and, more importantly, a loss of specialist skills. We need clear assurances that protective measures are not being weakened.
We should welcome the Director of Public Prosecution’s guidelines for prosecutors on how to tackle cases involving child sexual abuse. They are intended to improve the criminal justice system process for children, both as witnesses and as victims. However, this guidance should be extended to cover all forms of exploitation, including all child victims of trafficking.
The report from the Refugee Council and the Children’s Society, Still at Risk, presents a sober analysis of what has gone wrong. What stands out is the failure of professionals to act on indicators of abuse when the child has no documentation to prove their age, leading many children to be pushed into the adult immigration system without protection. Giving children the benefit of the doubt, an obligation already embedded in various conventions and directives, could so easily rectify this. I would be grateful if the Minister could let the House know if and how the Government are planning to implement the report’s recommendations.
It might surprise some Peers and members of the public that at present there is no specific offence of child trafficking in law. Instead, it is an aggravating factor in various pieces of legislation that apply to adults and children. This is just not good enough. The Government should therefore consider including separate child-specific offences before introducing the forthcoming modern slavery Bill.
Tackling the problem of child trafficking will not create huge costs. It is mostly about raising awareness and using existing resources and powers more effectively. The present approach clearly is not working, and there is neither a moral or financial case for leaving things as they are.
Police: Convicted Officers
Baroness Doocey Excerpts(11 years, 7 months ago)
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Lord Taylor of Holbeach
The Police (Conduct) Regulations 2012 set out the standards that all police officers are expected to maintain. The standard on discreditable conduct, for example, states that police officers behave in a manner that does not discredit the police or undermine public confidence in them, whether on or off duty, and that police officers report any action taken against them for a criminal offence, any conditions imposed on them by a court, or the receipt of any penalty notice.
Baroness Doocey
My Lords, Home Office guidance states that police forces should reject potential recruits with convictions for serious offences. However, I am not aware that there is any guidance about what forces should do if serving police officers then go on to be convicted of serious offences. Is it not about time that the Government took the lead on this and issued clear guidance to forces about the suitability of officers who have been convicted of serious offences and the fact that they should no longer be allowed to serve in the police force?
Lord Taylor of Holbeach
My noble friend is right about the vetting procedures. The Government are committed to improving the integrity of the police. As noble Lords will know, on 12 February, the Home Secretary announced a package of measures to improve police integrity, and yesterday, my right honourable friend the Home Secretary and the police Minister Damian Green discussed police integrity with police and crime commissioners, who, as my noble friend will know, are responsible for making sure that these standards are maintained within their force areas.