Legal Aid, Sentencing and Punishment of Offenders Bill

Baroness Hamwee Excerpts

Wednesday 7th March 2012 Lords Chamber

[Baroness Hamwee]

My name is to this amendment. The Minister in Committee referred to Clause 9 on exceptional case determination and said that guidance would make it clear that victims of trafficking would, or should, be able to benefit from those provisions. Tonight, we have heard that the Government will bring claims by victims of trafficking within scope, I assume, at Third Reading. We have not seen the detail and, like the noble and learned Baroness, I have been wondering about the issue of evidence about an individual being a victim of trafficking. I was very pleased about that—I suppose it is a provisional pleasure until one has seen the detail—although it raises the question of whether the government amendment is necessary, given Clause 9, and given what was said at the previous stage. I hope that does not sound ungrateful. If it is necessary, what about problems that we have not yet unpacked on Clause 9?

Amendment 69, as the noble and learned Baroness said, is relatively limited in its ambition. That is not a criticism at all. However, it made me start to think about the problems faced by trafficked people. The noble Lord, Lord Beecham, referred to children in schools from a particular background having problems. I have written down: education issues around childcare; benefits, obviously; immigration other than asylum; the associated costs; expert reports; interpretation; and the disbursements paid by a solicitor such as these. I know that the Minister may think that I am pushing my luck but, as I have said before, this country finds itself as the involuntary host to a number of people who have been trafficked and it has very particular responsibilities. Perhaps after tonight it might be possible to explore what the Government have in mind in this connection and how far assistance can be provided. I pray in aid the Government’s strategy which makes it entirely clear that improved victim identification and care is at the heart of our response to trafficking. I am very pleased to be able to support the amendment. I look forward to what may come at the next stage.

[Lord Bach]

My Lords, we continue to support this theme of amendments. There were two in Committee moved by the noble and learned Baroness, Lady Butler-Sloss. We supported them then and described them as powerful amendments. Amendment 69 remains a powerful amendment. We look forward to hearing what the Minister has to say. We hope and expect him to be sympathetic.