Modern Slavery Bill

Debate between Baroness Doocey and Lord Bates

Monday 23rd February 2015 Lords Chamber

[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—