Modern Slavery and Victim Support

Clive Betts Excerpts

Wednesday 27th March 2019 Westminster Hall

[Mr Duncan Smith]

That is absolutely right. It is a matter of balance—it is not only about supporting someone but ascertaining who has done what, and making sure that there are prosecutions. As my hon. Friend points out, we must ensure that practical and effective victim support is in place to prevent re-trafficking, while redoubling efforts to prosecute traffickers.

To be fair, over the past two years the Government have matched commitment with action, allocating the necessary resources, but I believe that they are not getting value for money, owing to restrictions in the 2015 Act. In 2017 a report by the Select Committee on Work and Pensions concluded that although the Act was a great step forward it did not establish a pathway for victim support. The National Audit Office noted:

“The Home Office has no assurance that victims are not trafficked again, potentially undermining the support given through the NRM”.

The national referral mechanism is the gateway for adult victims to receive support, and the NAO makes an important point about what is happening to people, and whether it happens to them again and again. It is vital for us to establish that. There is significant evidence of victims with a positive conclusive grounds decision being left homeless and destitute, and therefore at risk of being re-trafficked at the end of the NRM process. Not only are victims at risk of re-trafficking, but limited support creates a barrier to increasing conviction rates for traffickers. If we want to get after them, we need to reduce those barriers.

A Cabinet Office report has concluded that the lack of sustained support for victims is a key factor affecting the bringing of successful prosecutions, so I would like to ask my hon. Friend the Minister what steps are being taken to respond to that report. It is not the view only of the Cabinet Office. Many police forces will say the same. I accept that the Government have recognised some of these challenges and they announced new plans for victim support in October 2017. However, having talked to those involved in supporting people who have been trafficked, I believe that the proposals do not address the primary problems.

The extension of the move-on period following a positive conclusive grounds decision from 14 days to 45 days still leaves insufficient time for victims to establish a stable foundation for the future. In particular, it is not long enough to enable non-UK nationals to apply for and be granted discretionary leave to remain, which in turn gives victims access to housing, benefits and other services for a period of 12 to 30 months. The Government have stated that rather than a period of leave being provided to all victims, leave to remain should be provided only on a discretionary, case-by-case basis. However, there is evidence that victims fall through the gaps. A victim who is later granted leave to remain can even become homeless while waiting for a discretionary leave decision to be made, because the 45 day move-on period is not long enough to bridge the gap.

I do not want to seem ungrateful, because I believe that the Government’s heart is in the right place. However, the extension to 45 days will in all likelihood just postpone the point at which a victim faces homelessness, and not prevent it. If prevention is what we are after, we should try to achieve it. I therefore ask the Minister what information she has about the length of time taken for a discretionary leave application to be processed and how she proposes to guarantee that no victim will fall off the edge of support while waiting for a decision.

I understand that there are plans to offer up to six months’ access to drop-in services and improve local authorities’ response to victims. That appears on the surface to be helpful, but I am none the less concerned that it will meet the needs only of victims with a right to stay in the UK. That will leave an awful lot of people without such protection. Importantly, charities that support victims and that have left the NRM have told the Home Affairs Committee that drop-in services

“will not be sufficient for somebody who has more complex needs, who needs much more intensive intervention”.

I saw the chairman of the all-party parliamentary group nodding at that. It is a fact that there is now strong evidence coming in from the charities involved in this.

I have a third question for my hon. Friend the Minister. Can she explain, when she has the opportunity, what types of support the drop-in services announced in October 2017 will provide, and whether they will be open to those victims who do not have leave to remain in the UK? That is a critical question.

The Government have, I believe, expressed concern that offering all confirmed victims leave to remain for 12 months could create what they called a “pull factor”, increasing false claims and potentially creating a loophole in the immigration system. I have sympathy for my Government’s view, yet I believe those fears are well overstated. After all, victims cannot refer themselves in to the national referral mechanism; that can only be done by a designated first responder, which is an accountable organisation. It is also the role of the two-stage national referral mechanism process, as specified, to filter out any false claims that are not immediately identifiable by first responders.

The Government have also cautioned that false claims may be made by foreign criminals to avoid deportation. Yet, surely, if one really thinks about it, anyone seeking to avoid deportation by claiming to be a victim will be able to enter the NRM, irrespective of what support is or is not available after the NRM process. That argument does not seem to stack up when one considers it.

In the case of confirmed victims who also have criminal records, it is important to balance their vulnerability as a victim with the need to protect the public. That is precisely what the victim support Bill does, through an exception that excludes serious sexual and violent offenders who pose a genuine and immediate threat from receiving leave to remain. That is made clear in the Bill that Lord McColl initiated in the Lords and that is still sitting without, I think, much chance of a Second Reading in the Commons.

The suggestions that people will game the system mask the sad truth—this is perhaps the most dangerous part of what I am saying—that many victims are very reluctant to disclose their genuine circumstances or identify as a victim because of threats from their traffickers. We should not underestimate that: those threats and that fear and the system making them worried mean that they will not disclose those things to the authorities.

The Home Office is aware of that. After all, as I understand it, it has been made explicitly clear in the guidance provided to frontline staff, which is an interesting point. Surely the far greater problem is the sizeable number of people identified as potential victims who do not consent to enter the NRM each year. That must be the giveaway as to where the problem arises. Persuading victims to provide the police with information about their traffickers is often difficult, with a perceived lack of long-term protection as a key factor.

Of all that I am saying today, this is the bit that worries me the most; we are forcing many people to dive down again, back into that black place, because they are genuinely scared of what will happen and they believe the protections are simply not there. It is our purpose in this place to speak for them.

A support service that leaves people at risk of further trafficking cannot be cost-effective. The National Audit Office highlighted this in its 2017 report, saying the Home Office has

“no assurance that victims are not trafficked again, potentially undermining the support given through the NRM”.

That is an important point; the NAO is basically opening up the question of whether this really works and, if it does not work, how it can be cost-effective.

I genuinely welcome the digitised NRM system that is being introduced—it is a good move—but recording that victims have been re-trafficked is only a start and cannot be a proper answer to this problem. The issue is ultimately one of prevention, ensuring they are not vulnerable to re-trafficking, stopping that as early as possible and giving them that assurance.

To conclude, although I understand that time is running out for the victim support Bill to receive a Second Reading in the Commons during this parliamentary Session—time is running out for quite a lot of other things as well, it must be said—the legislation is none the less incredibly well suited to inclusion in the Queen’s Speech later this year. I would love nothing more than for the Government to look to adopt the provisions and recommendations in the Bill. It is not a single-party issue but a cross-party one, as I hope will be reflected in the comments made by my colleagues on both sides of the House.

I ask my hon. Friend the Minister to give this matter serious consideration. Such a Bill would show a genuinely compassionate Government, as I believe them to be, who have every right to be proud of their record but none the less seek to reaffirm their commitment to eradicating modern slavery. I hope she will also make time to meet me to discuss the proposed section 50 regulations prior to their being tabled.

I am committed to ensuring that the necessary steps are taken to ensure that the Modern Slavery Act is effective and offers victims the support they very much need. We have made a good start, but we should not sit back. We must recognise that all we have done is expose the problems that exist within the system. If we exist for anything in this place, ultimately, we exist to be the spokespeople for the most vulnerable, who have nobody else to speak for them. That is why I asked for this debate.

[Mr Clive Betts (in the Chair)]

I have seven hon. Members wanting to speak, which gives us about six minutes each. I ask hon. Members to respect that, please.

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[Several hon. Members rose—]

[Mr Clive Betts (in the Chair)]

Order. I ask the remaining three speakers to limit their speeches to five minutes.

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[Gareth Snell (Stoke-on-Trent Central) (Lab/Co-op)]

I congratulate the right hon. Member for Chingford and Woodford Green (Mr Duncan Smith)—I nearly said “north London”, to be quite honest—on securing this debate. I also thank the Minister, as I know she takes this issue very seriously.

I will echo some of the points made by my hon. Friend the Member for Gedling (Vernon Coaker) about the non-party political nature of this debate. I have been to a number of debates on this issue in this House where, regardless of political party, of where a Member comes from in the country and of our personal politics, there is a clear understanding that this is a problem that we can tackle. Collectively, we have the ability to tackle it and Lord McColl’s Bill gives us the vehicle to tackle it. If we can make progress with that, we will take a huge step forward in securing equality and justice for those people who have suffered at the hands of some of the most unscrupulous people in our country.

I also agree with my hon. Friend the Member for Nottingham North (Alex Norris) about the work being done by the right hon. Members for Birkenhead (Frank Field) and for Basingstoke (Mrs Miller). The Modern Slavery Act 2015 was a starting point; it was never an end point. It was never meant to be the be-all and end-all of the process. It was introduced to say, “We have a problem. Here is how we can start to fix it, but this has to evolve over time to reflect the nature of the problem that we have in this country.”

I fear that modern slavery on a small scale—the individual cases—does not necessarily get the traction that it deserves. I will just tell a little story, if I may, about a constituent of mine, who contacted me regarding concerns that he had about social care. He is an elderly gentleman who lives in a very nice part of my constituency. He did not want to sell his house to go into residential care, so he told me that he had read about a scheme, one that he thought was very sensible and very logical, whereby he could have somebody come from abroad who could live in his house, who he would feed and give a bit of pocket money to, and in return they would help him with his domestic care arrangements. In his mind, that was a perfectly acceptable, almost magnanimous, thing that he could do to help somebody from overseas who he knew was less fortunate than him. I talked him through it, explaining that that was actually modern slavery—that was somebody who would be in tied employment to him. He did not see it like that. He does now, I hasten to add, but at the time he saw it as a way both to help somebody and to get some of the help that he needs.

As we talk about the process going forward, we need to be very clear that, as my hon. Friend the Member for Nottingham North said, the big companies will be covered by the 2015 Act and by the declarations, but these smaller situations, where individuals do not realise that they are perpetrating a crime and the victims do not realise that they are being subjected to a crime, need to be teased out.

The hon. Member for South West Bedfordshire (Andrew Selous) talked about asylum seekers versus those who are victims of modern slavery. I think the reason for that is that somebody can self-refer to the asylum programme but they cannot self-refer to the modern slavery referral mechanism. Could the Minister say whether that is something that the Government will look at?

I will not take up any more time, Mr Betts, but all I will say finally is that we know, because we have debated this in this Chamber and in the main Chamber on numerous occasions, that there is a growing problem, a growing need for change and a growing opportunity for change. Organisations such as the Co-operative party, whose charter has been signed by many cross-party councils, show that there are practical solutions to offer help. The Co-operative Group, through its Bright Future programme, offers jobs to people who have been found to be victims of modern slavery. However, these are all ad hoc things that are being done in spite of Government rather than with Government.

All I hope is that, at the end of this debate, the Minister can take back to the Government and the Leader of the House the message that some time to debate Lord McColl’s Bill is all we are asking for, so that we can make progress and help those people who need our help most.

[Mr Clive Betts (in the Chair)]

I thank all Members for their co-operation; that is very good indeed. We move on now to the Front Benchers, who will have 10 minutes each, so that there are a few minutes for the Member who secured the debate to wind up at the end.