Modern Slavery Bill

David Burrowes Excerpts

Tuesday 8th July 2014 Commons Chamber

[Mrs May]

A wide range of actions need to be taken if we are to deal with modern slavery, but the hon. Lady should not underestimate the power of the consumer in some of these matters. The consumer’s approach to fair trade, for example, has sent an important message to companies about how they deal with certain issues. The consumer can certainly play a part in addressing such things.

I have taken a number of interventions, and I will now turn to the specifics of the Bill. Part 1 addresses offences, sentences, reparation and maritime powers. Traffickers and slave drivers must know that their crimes will not be tolerated and that they will not get away with them. They must know that they will be caught and sent to prison for a very long time. The Bill provides law enforcement with the powers it needs to take robust action. First, the Bill consolidates existing slavery and human trafficking offences, which are currently held in three different Acts of Parliament. That will make it easier for prosecutors and the police to understand the available modern slavery offences when investigating such crimes.

We will have two clear and distinct offences: one for slavery, servitude and forced or compulsory labour; and one that covers all types of human trafficking. Those are focused offences that build on tried and tested concepts that the police and prosecutors understand. Part 1 of the Bill is not simply a consolidation, however; it contains specific action to improve existing offences by making it clearer that the slavery, servitude and forced labour offence can be effectively prosecuted where the victim is vulnerable, for example a child. Part 1 also includes wording based on international definitions of trafficking, such as the Palermo Protocol, thus ensuring that it reflects internationally defined best practice.

Punishments will now fit the crime. Offences committed in connection with modern slavery are some of the most serious that can be committed, so the Bill extends the maximum available sentence to life imprisonment. That will ensure that the worst perpetrators can receive the lengthy custodial sentences that they deserve. Tough sentences will also act as a powerful deterrent to others.

Criminals and organised groups who trade in human beings do so for profit, and we were reminded of that only last week, when the gang leader of a criminal outfit was jailed along with his accomplices for trafficking more than 100 women to London. While he lived a luxury lifestyle, the women who were lured here on false promises of employment were forced into prostitution, held against their will and subjected to horrific treatment. Wherever possible, we must ensure that the illicit gains made from trading in human misery are seized. Both the Modern Slavery Bill and the Serious Crime Bill will strengthen our powers to recover assets. The Modern Slavery Bill makes both slavery and trafficking offences criminal lifestyle offences for the purposes of criminal confiscation under the Proceeds of Crime Act 2002, which means that convicted slavers and traffickers will be subjected to the toughest confiscation regime possible.

[Mr David Burrowes (Enfield, Southgate) (Con)]

Will the Home Secretary assure me that, through reparation from the proceeds of such crime, there will be long-term support for the profound and enduring health consequences experienced by women subject to such exploitation, abuse and degradation?

[Mrs May]

My hon. Friend must be psychic. I was about to say that the treatment meted out to victims by traffickers and slave drivers is inhumane, degrading and often disturbing, and there can be no better use of the assets seized from a perpetrator than to provide reparation to their victims. Courts currently have the power to order convicted traffickers to pay compensation to their victims and can use money collected under a confiscation order to ensure that such compensation is paid in full. It is therefore unacceptable that in the past 11 years there have been only three such cases in which a criminal convicted of a principal offence of human trafficking has been ordered to pay compensation in that way. The Bill seeks to remedy that by creating a bespoke order for modern slavery offences so that, where a perpetrator has assets available, the court must consider making an order to provide reparation to the victim and give reasons if it does not do so.

--- Later in debate ---

[Mr David Burrowes (Enfield, Southgate) (Con)]

It is a pleasure to follow the hon. Member for Sheffield Central (Paul Blomfield), particularly given his early remarks about the preventive work that needs to take place not just through this Bill but beyond it. Once reporting mechanisms are in place, perhaps we will have an opportunity to return to the issue in the House. Once we have taken the golden opportunity we have now to get the law right and make it effective, we should ensure that we continue the drive to eradicate modern slavery in this country and across all shores.

Like the whole House, I welcome this landmark Bill. As has been said, it follows in the footsteps of William Wilberforce, Thomas Clarkson, Thomas Buxton, Hannah More and others. It is a pleasure to be part of a Government who are leading the way in this and I commend the Prime Minister and the Home Secretary for that.

It is also pertinent to recognise that this landmark Bill follows cases that have taken place over the years, not least one that occurred in my constituency. On 20 May 2011, four victims of trafficking won a landmark human rights case when the judge ruled that the Metropolitan Police Service had breached human rights by failing to investigate their claims that they had been subjected to domestic slavery. The girls were aged 15 and under and were illegally trafficked to Britain from Nigeria. The traffickers had brought the girls into the country between 1997 and 2002 and told their parents that they would simply be helping them with their studies. When they came to the United Kingdom, they were put to work looking after children of African families in north London and my constituency. Some of them were forbidden to say anything about what they were doing and were prevented from leaving their home, whereas others were spied on by their so-called guardians. They were physically and emotionally abused.

From 2004 onwards, those girls tried unsuccessfully to get support from Enfield social services and from police officers. One said:

“It took all the courage I had to walk into Southgate police station and Enfield Social Services to ask for help in 2004 but they sent me back to my abusers and...blamed me.”

The case finally received court attention and the landmark ruling on the failure to investigate led to their receiving £20,000 in compensation. That is also something that we need to address seriously.

In September 2007—this issue has been picked up by others, showing the wide-reaching concern in this regard—Judge Herbert considered the initial immigration decision to deport those children, against which a successful appeal was granted, and found breaches of articles 2, 3, 4 and 8 of the European convention. Even though that is an historical case, it is relevant as we need to ensure that, in enacting this Bill, we learn the lessons from the past. His judgment said:

“At present we deport far more victims of trafficking and abuse than we prosecute traffickers. In this climate victims will simply not come forward.”

It also said:

“The cycle of deception and abuse will continue and we as a society will fail those children and undermine our immigration system as a whole.”

He went on to say:

“There would appear to be many children that remain in slavery in London, and in abusive conditions who are simply unaccounted for by any agency voluntary or otherwise.”

That was in December 2007 and there was no investigation by the time of the final landmark judgment in December 2008. We need to hear those words clearly and ensure that we are not letting down those children. We must not fail them. Such cases continue in Enfield, in London and more widely in our constituencies. We need to provide for accountability, enforcement and protection of victims.

I recognise that progress has been made. Since 2009 there has been the national referral mechanism, which has gone a long way towards identifying and protecting victims. In that regard I particularly welcome clause 44, which contains the important duty to notify the National Crime Agency about suspected victims of slavery and human trafficking. We should look carefully at the interim reports to see what further progress is needed to ensure that what happened in Southgate in north London, and in other constituencies, cannot happen again.

Sadly, we do not need to rely on historical cases to appreciate the scale and depth of modern slavery, and the scale and depth of depravity. Last week, in the case to which the Home Secretary referred, Vishal Chaudhary was sentenced to 31 years for trafficking more than 100 women to Britain. The victims came from Hungary and had answered job advertisements online for administrative, cleaning and babysitting work. Women were picked up from Stansted airport and delivered to brothels in north London, including in the borough of Enfield in my constituency. They were forced to have sex with up to 20 men a day and were raped repeatedly for profit. There was a call centre operating from Hendon. Women were treated as no more than a commodity. They were used, abused, punished and discarded. The business generated hundreds of thousands of pounds and a luxury lifestyle which led, thankfully, to rightful conviction—31 years in prison for the perpetrator—and a compensation order.

People such as the perpetrator in that case are vermin and we must bear down on them. They live a life of luxury, whether in this country or abroad, and we need to hunt them down wherever they are. We can do that through financial and other means. That is why I particularly welcome the provision in the Bill to ensure that we do that and that the proceeds of crime go directly to the victims. That reparation needs to be real and long lasting in order to recognise the physical and psychological impact of such abuse, particularly on women, although there are male victims as well.

The health impact is profound and enduring. Most trafficked women—eight out of 10—have been physically assaulted. Victims have been kicked while pregnant, burned with cigarettes, had their heads slammed against the floor or the walls, hit with bats or other objects, dragged across rooms by their hair, punched in the face, and more besides. In addition, they have suffered sexual violence and threats to themselves and their family. It is hardly surprising that 70% of women who have been trafficked in that way have mental health problems that go on and on, beyond the reach of statutory and voluntary services. They have multiple psychological issues that affect them probably for life. We must ensure that reparation goes to the heart of these concerns—to health impacts that continue year in, year out. I pay tribute to the many charities engaged in working with those victims across our constituencies.

Clearly, there are individual stories behind the statistics, but it should be recognised that the number of children in the UK identified as having been trafficked for sexual abuse has more than doubled in the past year. With children as young as three being trafficked into the United Kingdom for sexual exploitation, it is obvious that we need to do more to drive out the traffickers and support victims.

I commend the Bill and the work that has been done, and will continue to be done, beyond legislation by organisations such as the Salvation Army, Stop the Traffik and Hope for Justice, which yesterday reminded me of its work in partnership with the police. Such partnership work has improved over the years and helps to bring about successful prosecutions, such as the case I mentioned. A recent case in which Hope for Justice was involved was that of a gang that was forcing men and women into labour. They hung those people in front of a crowd, treating human beings like pieces of meat and telling them that if they escaped, they would be killed. The gang had no regard for human life. The victims worked 20 hours a day, seven days a week, they were beaten, their food was withheld, and they lived with 15 or so people crammed into a room. We must do all we can for such victims.

That is why it is right that a key aim of the Bill is to increase successful prosecutions. More needs to happen in relation to modern slavery, but crucially we as legislators can ensure that the law is effective. Hope for Justice said that successful prosecutions, of which there have not been enough, will make it clear that modern slavery is not tolerated in this country. Law enforcement is a crucial tool through which police investigations and prosecutions can effectively prevent modern slavery. There is no better place for prevention than in the courtroom. Ensuring that that happens effectively enforces the law and, crucially, gives protection for the most vulnerable in its reach.

There is clear evidence of that internationally. I commend International Justice Mission for its work across many countries. It cites the example of the Philippines, where the partnership work between the police, prosecution authorities, local law enforcement agencies and local organisations in strengthening victim aftercare and representation, ensuring cases are properly heard, has led to a dramatic reduction of 79% in trafficking.

The United Kingdom can take a lead, as the Home Secretary said, in tackling modern slavery globally. That means cross-Government work involving the Department for International Development and building capacity in justice systems worldwide. When laws are enforced, it is clear across countries that trafficking is reduced. Increased commitment in the justice system leads to an increase in victim services, shelter, counselling and the wrap-around care that is needed. Effective prosecution must be part of that integrated plan to combat modern slavery.

As has been mentioned, preventive measures, the rescue of victims in which many charities are involved, the prosecution of perpetrators and the care of victims must all come together. The Bill does not seek to do that. It seeks to hold to account the perpetrators and to bring together the disparate laws to make prosecution effective. We will no doubt debate that in Committee.

I am not convinced of the need for a specific child trafficking offence. There is existing legislation that can be properly enforced. Although the Bill goes a stage further with revision, it recognises the relevance and the aggravating factor of age. We must ensure that there are no unintended consequences, as I know from my own experience—I declare an interest as a criminal defence solicitor. We need to avoid problems for both the defence and the prosecution. We should be razor sharp in ensuring that this is an effective piece of legislation.

We all talk about sending messages through the legislation that we pass. We must avoid the trap of this becoming a Christmas tree Bill that sends different messages to groups, non-governmental organisations and others. We must respect their lobbying and their concerns, but we must also be sure that the Bill gets the law effective and right, and that when cases come to court, the prosecutions can go through to protect the victims.

I welcome part 3 of the Bill on the anti-slavery commissioner and its focus on best practice in law enforcement, extending the remit to identification of victims and, crucially, co-operation and working closely with national and international partners. I shall wish to explore, perhaps in Committee, the value of greater independence and accountability. For example, ECPAT has said of the Finnish national rapporteur that

“Independence, autonomy and transparency are vital requirements for discharging the Rapporteur’s duties.”

Of the Dutch national rapporteur ECPAT again said:

“A precondition to the success of the role … has been its independence.”

Part 4 of the Bill is also very welcome. I congratulate the Joint Committee on its work, which has led to part 4. I welcome the introduction of child trafficking advocates and look forward to seeing the progress of the pilot led by Barnardo’s. I know that clause 41 is an enabling clause. I will be looking for a firmer commitment to the principle of child advocacy, which should not be contingent on the success of Barnardo’s. Members across the House wish to see that principle enshrined as a statutory principle. I will be looking at “may” becoming “shall” in clause 41. A guarantee of real, crucial independence of advocacy has been found to work well and to be best practice. We must break the cycle of repetitive victimisation, abuse and exploitation of children supposedly in the care of authorities.

I look forward to the enactment of the Bill next year —2015. It is an appropriate year, 800 years after the signing of the Magna Carta, as we celebrate the rule of law as a foundation of our democracy. We want to see the Bill ensure that the victims of modern slavery benefit from the rule of law. If the rule of law is effective, it protects citizens from being enslaved. That is a crucial principle at the heart of the Bill. Let us unite across the House in the remainder of the Parliament to ensure that the law is as effective as it possibly can be for victims. Let us also take heed of what is written in the Bible, which is what we want to follow—let us see the captive set free.