Protection of Freedoms Bill

Fiona Mactaggart Excerpts

Monday 19th March 2012 Commons Chamber

The second new clause relates to trafficking offences for the purpose of labour or other exploitation, and makes equivalent changes to the first clause by criminalising trafficking by a UK national that takes place anywhere in the world. In addition, it removes the requirement for a belief that the trafficking victim may previously have been trafficked into the UK in the first place, thus making trafficking for labour or other exploitation taking place wholly within the UK an offence. This brings the offence into line with sex trafficking offences and ensures compliance with the requirements of the directive. The Government consider that the amendments to parts 5 and 7 have improved the Bill, but I will listen carefully to what the hon. Lady says in respect of her amendments on human trafficking, a subject in which I know she has long taken a close interest. With the leave of the House, I shall try to respond to any points that she may raise.

[Fiona Mactaggart (Slough) (Lab)]

That was a very nice introduction from the Minister. I know that he is standing in for one of his colleagues, which is always challenging. In my two proposals which have won support from Members on both sides of the House, although owing to shortness of time only the names of Opposition Members appear on the amendment paper, I seek to ensure that we achieve the whole ambition set out by the Minister—conformity with the European convention and the European directive.

Amendment (a) to Lords amendment 49 would establish a rapporteur on human trafficking, as is explicitly required by the European directive. The argument for that was best made by the hon. Member for Wellingborough (Mr Bone) in a debate in Westminster Hall, when he pointed out:

“One of the problems surrounding human trafficking is the lack of reliable information and data analysis permitting us to assess the scope of the problem in our country. The solution in the UK to that challenge is to establish an independent national rapporteur.”—[Official Report, 8 February 2012; Vol. 540, c. 135WH.]

Indeed, the Council of Europe convention and the EU directive are explicit on that point, requiring member states to appoint national rapporteurs or equivalent mechanisms to assess trends in human trafficking, monitor and measure the anti-trafficking activities of state institutions, gather statistics and report on their findings.

The usual response from Ministers is that the interdepartmental ministerial group on trafficking performs the role of a rapporteur, but that is not true. I used to be a member of the interdepartmental ministerial group, which in those days had better attendance than it has had recently. The body meets twice a year, and more Ministers send apologies than turn up. It does not have the one requirement of a rapporteur, which is to be independent of the Government, that it needs to be properly effective. The group has to provide information independently to Parliament, but it does not report to it. It needs to be able objectively to assess and report on the activities of the Government. The job of Ministers is not objectively to assess the Government, but to progress with the business of Government. Therefore, I think that there was a failure to include that requirement in the two welcome amendments tabled in the other place.

The other amendment I have tabled, amendment (a) to Lords amendment 50, would provide for a dedicated advocate for trafficked children, which is another requirement of the Council of Europe convention and another matter that has secured all-party backing. The amendment is modelled on one that was tabled in another place by Lord McColl, a Government Back Bencher, and supported by Cross-Bench and Conservative peers and the Archbishop of York—it had the broadest possible support. My amendment would put into effect the clear requirement in the directive and the convention that children who have been trafficked should be protected by a guardian. Lord McColl withdrew his amendment following a promise from Lord Henley, who said at the beginning of the debate that he would ask the Children’s Commissioner for England

“to review the current practical arrangements for rescued child victims of trafficking”.

He went on to say that following that review the Government would

“be in a position to come back to these matters at a later stage.” —[Official Report, House of Lords, 15 February 2012; Vol. 735, c. 848.]

I gather from the Children Commissioner’s public remarks that she is concerned about some of these policies. She said:

“A request to review care has not yet been made.”

I expect that a request has since been made. She continued:

“However, if this was received we would give it due consideration, and as a small organisation would seek assurances regarding the independence of our work and the resources that would enable us to undertake this work.”

I gather that, within the commission, one member of staff deals with child protection issues and another deals with refugee and asylum issues, so I think there is a real risk that the responsibility Lord Henley has given the organisation is simply beyond its capacity. The Children’s Commissioner is conducting an important inquiry into the sexual exploitation of children in gangs. It is an inquiry that I absolutely support and think is essential, and she is uncovering genuinely shocking information that we all want to know about and that we want the Government to know about and to act on. However, the fact that she is conducting that inquiry will make it really difficult for her to deliver on the pledge that Lord Henley made.

I would be happy not to press my amendment if the Minister gave the House an explicit assurance that he will ensure that the Children’s Commissioner has sufficient expert resources to conduct that inquiry before the end of 2012. If he gave that assurance, I would follow the lead of their lordships by not pressing the amendment to a vote, because I accept that Lord Henley was seeking to recognise the importance of the commitment and to meet the concern of their lordships, felt universally across the Chamber, about protecting victims of child trafficking.

Let us be clear that the problem with trafficked children is that, even when they are taken into the care of local authorities, they disappear. Government statistics suggest that the percentage of trafficked children who disappear has fallen from 30% to 20% but, as the number who have been found is slightly smaller than it used to be, I am not sure that we can be utterly confident in those statistics. In any case, if we are saying that one in five children in the care of local authorities disappears, we seem to have a situation that is absolutely intolerable to Members on both sides of the House.

Let us look at the legal case of one of the few child traffickers who have been convicted, Kennedy Johnson, who brought 49 Nigerian children through British airports, mainly Heathrow and Gatwick. He then targeted council care homes, which he told the trafficked children to get into. He picked girls from the care homes and pushed them into the sex trade in Britain, and also in Spain and Italy. His victims kept appearing for years after he was jailed. Barnardo’s has revealed that when some children trafficked into Britain not through airports but by people smugglers, jumped out of a lorry, they were put in supported lodgings but went missing within 24 hours. Another three children who were put into foster care vanished after several weeks. Of those disappeared children, only one has been found. The rest of them will have been prostituted, after having been taken into care in our name.

I believe that providing guardianship could more effectively protect those children. They have social workers at the moment, but that is not protecting them. Every child in care I speak with says that the problem with their social workers is that they change and do not continue. As was made clear in the amendment in the House of Lords, the proposed advocates would not have to be professional employees of local government or any other body; they could be trained volunteers or employees of charities and voluntary organisations. Children who have been victims of trafficking for sexual exploitation must have someone who is on their side.

I really hope that the Minister can give me the commitment I have requested, which is that the Children’s Commissioner will be able to conduct that work before the end of the year and that the Government will then bring forward proposals to ensure that her recommendations are put into force. That would mean that the only amendment I would have to push would be the one proposing a rapporteur on human trafficking. The interdepartmental ministerial group is a useful tool, but unfortunately few Ministers attend and no Ministers report to Parliament. I am glad that the hon. Member for Wellingborough is in his place, as he is one of the Members who have advocated this most powerfully.

[Mr Peter Bone (Wellingborough) (Con)]

The hon. Lady is making a powerful speech, much of which I agree with. On her point about a rapporteur, I pressed for that in a Westminster Hall debate and, although we did not get the full rapporteur, the Government assured us that we would have an annual report and that it would be debated. I would like the Minister to confirm that. Otherwise, I will join the hon. Lady in the Division Lobby tonight.

[Fiona Mactaggart]

I thank the hon. Gentleman for that implied threat, which is at the moment rather more effective coming from his direction than from mine, but nevertheless there is support for the concept on both sides of the House. I know that the Minister is stepping into another Minister’s shoes, and I will keep talking so that he can get that note from his officials, but I believe that if we had an independent rapporteur, we could ensure that our debates about the extent and impact of human trafficking were more effective.

My biggest concern, however, is about more effective protection for children, and I really hope that the Minister will be able to reassure me on that matter.