Modern Slavery Bill

Baroness Royall of Blaisdon Excerpts

Monday 1st December 2014 Lords Chamber

[Baroness Royall of Blaisdon (Lab)]

My Lords, I shall speak to our Amendment 8 as well as to Amendment 100 and government Amendments 4, 7 and 101. As we consider the offences under Part 1, I thank all the organisations which have provided us with invaluable briefings and information, both written and oral, on what is perhaps the most important part of this Bill.

As discussed in relation to the previous group of amendments, it is imperative that victims are at the heart of the Bill. It is by giving them support and the knowledge that they can trust the people from whom they seek help that more of these inhumane crimes will be reported—I know that the Minister agrees with that. However, as we heard at Second Reading, far too few of the perpetrators are brought to justice—indeed, the Minister acknowledged the lamentable figures in his helpful letter of 25 November, for which I thank him.

As the newly published Modern Slavery Strategy makes clear, there are many more victims than were envisaged. This makes it even more essential that we get the offences right in order to get more successful prosecutions and ensure that there are no gaps or loopholes. While the Modern Slavery Strategy is of course very welcome and was eagerly awaited, I wonder whether it would have been sensible for the Government to delay its publication slightly until the legislative process had been concluded; for example, it rightly speaks of the work of the new anti-slavery commissioner, but his remit may well be amended during consideration of the Bill by this House. Will the strategy be amended if necessary to take account of any change in the Bill when enacted?

Amendment 8 would make it clear that the consent of a victim is irrelevant when it comes to an offence of slavery, servitude or forced or compulsory labour. I am grateful to the Minister for listening to concerns expressed at Second Reading, in the House of Commons and in the pre-legislative Joint Committee, and for bringing forward his amendment to this clause. When giving evidence to the draft Bill committee, Nick Hunt, director of strategy and policy at the Crown Prosecution Service, recognised that such a change was needed to put Clause 1 on a level footing with Clause 2, which our amendment seeks to do by using the same wording as in Clause 2.

Both our amendment and that of the Government will ensure that individuals who hold people in servitude, slavery or forced labour can be convicted, and that the emphasis and the spotlight in the consideration of the offence should be put on them and not on the victims. In his letter, the Minister states that the amendment,

“will clarify that a lack of consent is not required for the offence to be committed and that the court can consider the particular vulnerabilities of a child”.

This is true, but we believe that it does not obviate the need for a specific child-related offence. Indeed, Amendment 101 is also welcome in that it specifies that people under the age of 18 are children. However, the mere addition of the word “child” through Amendment 4 does not mean that these offences are now adaptable to suit the needs of child victims and to enable prosecutions of those who commit the offences of trafficking and exploitation against children. That is why we believe that there should be separate offences relating to children.

In relation to Amendment 100, which was spoken to by the noble Baroness, Lady Hamwee, and is also in the name of the noble Baroness, Lady Young of Hornsey, I agree that there should be a review of various aspects of the Bill—or Act—in due course. I think that one year is much too tight and I would say that “in due course” should be specified. Regarding what the noble Baroness says about the offence of exploitation, as will be clear from the next groupings, we believe that it is imperative that an offence of exploitation is put into the Bill now. If there were to be a review in a year’s time and the review concludes that there should be an offence of exploitation, it may then take a while for it to be introduced through legislation and, throughout all that time, there will be victims of exploitation and the perpetrators of the dreadful deeds need to be brought to justice. Therefore, we strongly urge the Government to ensure that the offence of exploitation is brought forward now. While I understand why the noble Baronesses have put forward Amendment 100, we do not agree with it. We think that it would delay a necessary step, which should be taken right now.