Immigration Bill

Baroness Hussein-Ece Excerpts

Monday 7th April 2014 Lords Chamber

[The Earl of Sandwich (CB)]

My Lords, on a final historical note, the noble Lord, Lord Cormack, probably remembers the late Lord Wilberforce sitting on these Benches. How horrified he would be to hear the statistic of the noble Lord, Lord McColl, that there is a greater number of slaves here today than in William Wilberforce’s time. I have followed this issue as a council member of Anti-Slavery International for nine years. I pay tribute to its staff for what they have done behind the scenes to educate the public and the Government.

I am impressed by the distance that the Government have travelled on this road already, not only on the conventions but in the detail that we are looking at today. It is as a result of non-governmental pressure. But there is more to be done today, so I strongly support the amendment although I anticipate that it will not be easy for the Government to accept. The Minister should accept it because of the feeling across the House this afternoon which was inspired by the moving descriptions of my noble friend and others. He should accept it because it is humane, and because it is a belt-and-braces protection for the trafficked child who will not have adequate protection from the social services or from CAFCASS despite what my noble friend has said: they are not in the position yet to cope with this. He may not want to accept it because of the constraints of his ministerial responsibility and the departmental budget, which has many calls upon it.

We are grateful for the offer of a trial for personal advocates. However, it does not go far enough because, as he has already heard, the Children’s Consortium and many others argue that there is no proper protection under the Children Act for trafficked children without a legal guardian. That argument must be correct. Perhaps the Minister will take up the invitation of the noble Lord, Lord Cormack, to make a small promise and bring something out of a hat, maybe in the draft Modern Slavery Bill or a promise for Third Reading. I look forward to that event.

[Baroness Hussein-Ece (LD)]

My Lords, I shall add a few words to this important debate. There cannot be many of us in your Lordships’ Chamber who have not been moved by the plight of these very vulnerable young people and children who have been treated so badly. We know the numbers are not huge; nevertheless they are significant. I welcome what the Government said earlier about introducing a pilot system of advocates. However, I do have a problem with how far this would go, having been a local authority councillor and a cabinet member with responsibility for child protection and for unaccompanied children who have often been trafficked. We know that this problem has been going on for many years—the status quo is simply not acceptable. We must act to protect these vulnerable young people.

As I understand it, an advocate is somebody who speaks on behalf of someone else, in this case the child. However, my worry is whether the advocate would have any legal responsibility in the way that a parent would, or, under the amendment, a guardian. The amendment gives the guardian some parental responsibility to act and take decisions in the best interests of the trafficked child, and to work across agencies. We know, as has already been said, how local authorities are stretched. Often a child will have three, four or five social workers in a year. That is not unusual. Very often, they simply get lost trying to navigate a very complex system.

The attraction of a guardian, which is so compelling in the amendment, is that this person would be required by the Secretary of State to take a far more official and statutory responsibility for individual young people and to act in their best interests. I hope that my noble friend will perhaps address this when he comes to respond. Would he be satisfied? Does he think that we should be satisfied that this six-month pilot scheme with advocates will go far enough to protect these very vulnerable children and young people? Otherwise, we would have to consider this very carefully in evaluation, and it may well be too late. What worries me is that we will have a six-month pilot period, followed by the evaluation, but all the time young people are falling between the cracks, going missing, not being picked up and not being protected. At the end of the day, that is what we want—for these children and young people to be protected as long as they are here in our care in this country.

[Lord Avebury (LD)]

My Lords, I will just pick up a point that my noble friend made about the difference in powers between the advocate on one side and the guardian on the other. The point was raised in the memorandum sent to us by the Refugee Children’s Consortium whether or not, without “legal powers”, there will be anyone,

“to instruct solicitors on a child’s behalf and ensure that decisions are made in their best interests”.

Would the advocate have those powers to instruct a solicitor on the child’s behalf? I take it that a guardian certainly would have those powers, which is an important difference between the two proposals that we now have before us.