Immigration Detention: Trafficking and Modern Slavery

Gareth Snell Excerpts

Tuesday 9th July 2019 Westminster Hall

[Jess Phillips]

I completely agree. Paradoxically, the support services that the Home Office funds specifically for human trafficking are good and relatively well funded for those who have already gone through the national referral mechanism. The problem is the idea that a trafficked woman, a trafficked child or a trafficked anyone understands what the national referral mechanism is. There is a high bar to accessing services, and the community-based support for people to enter the system has been completely and utterly degraded by years and years of austerity.

Birmingham, where I live, is certainly heavily reliant on religious organisations for the low-level support of trafficking victims who have not yet got to the national referral mechanism stage. That support is incredibly patchy and there is no outreach element to it; it is only provided if people manage to find those services. So, good advice and guidance on the streets, and a change in the culture of how we help these people, are vital.

I will go back to the specific cases of the Chinese women covered in this report. The distress caused to these women by their treatment at the hands of the Home Office is immense. One woman who was forced into prostitution in the UK described her arrest and detention in the following way:

“One day men in uniforms came to the house. They dragged me out and took me to the police station. Later, I was put in a van. It drove for a long time through the night and ended up at Yarl’s Wood. I was taken from one hell to another.”

Shalini Patel, a solicitor at Duncan Lewis Solicitors who has taken on many of these cases, has said:

“There is sheer disregard for the safety of these women who have already been subjected to such horrendous sexual abuse and exploitation. These women are by no means fit for detention, but despite this they are detained for months at a time with no adequate support. It is only when legal representatives step in that they are eventually released from detention. I hate to think what is happening to those women who are not able to access legal advice”,

which is an issue that has quite rightly been raised here today.

The Home Office will say that this report looks at only 14 cases, which is an understandable retort. However, although this report is the first piece of research to examine the treatment of Chinese women who have been trafficked into the UK, it is just the latest report to document how the Home Office is refusing to help and support survivors of trafficking. Research by Detention Action published in 2017 and a report published by the Jesuit Refugee Service in 2018 both showed how men and women who had been trafficked into the UK were routinely being locked up in detention.

Also, new Home Office data, which was obtained by the After Exploitation project and released today, shows that in 2018 alone 507 potential victims of trafficking were detained under immigration powers in the UK. In fact, this figure includes only those who have received positive reasonable grounds decisions and whom the Home Office recognises as possible survivors of trafficking, so it really is just the tip of the iceberg.

In all the cases that Women for Refugee Women looked at, the women were detained for over a month and four of them were detained for more than six months. These long periods of detention caused a drastic deterioration in their mental health; half the women in the sample had suicidal thoughts and six of them were self-harming in detention. And, incredibly, 92% of asylum-seeking women from China who are locked up in Yarl’s Wood are not subsequently removed from the UK but are released back into the community, which prompts the question: what was the point of putting them through that horror? As well as being extremely damaging, even traumatising, the detention of these women serves no purpose.

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

As always, my hon. Friend is making an impassioned speech. Does she agree about one of the other disconnects that exists in the system? She has read out details of some traumatic cases of the long-term detention of individuals who need help, yet perversely some of us in this place have been arguing that the Government should extend the “move-on period” for those who have been given a determination past the 45-day mark, because 45 days is not long enough. The Government say it is sufficient time, even as they lock people up for months and months at a time in Yarl’s Wood. It just does not make sense to me.

[Jess Phillips]

My hon. Friend is absolutely right that it is ridiculous that the “reflection period”, as I believe it is called, is 45 days and is considered to be the reasonable amount of time that somebody who has suffered terrible trauma and horrendous abuse requires. Given my experience of working in one of the services that helps these victims, I know that often it is possible to make claims for longer periods, based on certain circumstances. It is like any local resident who says, “Gosh! If I paid my council tax with the same irregularity as the bins are collected, I would be put in prison!” It is one of those things where it seems that there is one rule for the state and one rule for others.

It is also important to remember that, in developing policies on helping survivors of trafficking, the Home Office has repeatedly promised that it will reduce the use of detention for people who are vulnerable. Following Stephen Shaw’s review of detention in 2016, the Home Office introduced the adults at risk policy, which it said would result in fewer vulnerable people going into detention. The AAR policy explicitly says that survivors of trafficking and gender-based violence should not normally be detained, yet the research published by Women for Refugee Women today shows that the Home Office is deliberately going against this policy.

In fact, the report by Women for Refugee Women adds to the wealth of evidence showing that, despite the Home Office’s repeated promises to reform its use of immigration detention, very little has changed since 2016. The number of people in immigration detention has fallen, of course, but Stephen Shaw’s follow-up review of detention, which was published a year ago, found that

“it is not clear that AAR has yet made a significant difference to those numbers”—

That is, to the numbers of vulnerable people in detention. And just a few months ago, the Home Affairs Committee found that the AAR policy

“is clearly not protecting the vulnerable people that it was introduced to protect.”

What is the Home Office doing about this constant hamster-wheel of our coming here and asking that trafficking victims and victims of gender-based violence in detention be looked at and properly managed? It seems like many years now, but in 2015, when I became an MP, I went with Women for Refugee Women to Yarl’s Wood, to meet some of the women there. While I was there, because I was fresh out of working for an anti-human trafficking service, I was able to identify within seconds that the first person who I sat down to talk to—a woman—was a victim of human trafficking.

As I say, when I was sitting in that room in front of that woman, it took me seconds to identify what had gone wrong in her life, so I cannot understand why it has already taken four more years for the Home Office to consider putting in place proper safeguards. At the very least, there should be a proper specialist who risk-assesses everybody who comes through the doors at Yarl’s Wood on the day that they arrive; I will volunteer my time and I will gladly go and sit there for a few weeks.

I have three key demands of the Minister. First, the Home Office needs to stop detaining survivors of trafficking and gender-based violence immediately. It is very simple for the Home Office to do this; in fact, it is simply a matter of putting its own policy into practice.

Secondly, there needs to be a 28-day time limit on all immigration detention. The harm and distress caused by indefinite detention is immeasurable, and the research by Women for Refugee Women shows how the Home Office is detaining vulnerable people for very long periods of time. We already have much a shorter time limit of 72 hours for the detention of families with children or women who are pregnant, so I do not see any practical reason why a 28-day limit for everyone else cannot be introduced.

Finally, the Home Office needs to recognise that immigration detention is harmful, costly and completely purposeless; quite simply, nothing justifies its continuing use. Immigration cases can be resolved much more humanely and effectively in the community. If I was the Minister, I would shut down Yarl’s Wood and end immigration detention.

Again, there is this idea of one Government Department with two heads. I sit opposite Ministers from the Ministry of Justice who talk about women’s justice centres and how everybody knows that what is needed is proper community voluntary-sector provision, rather than sending women to prison, especially when so many women in prison have been victims of sexual and domestic violence, and often of human trafficking as well.

The Government line on this is completely different to reality, as they recognise that channelling the money away from prisons and into women’s centres in the community is the right thing to do, yet here we have this blot on the landscape, which is immigration detention, that does exactly the same thing as before and costs the state far more than specialist voluntary sector providers, who would do the same work better and more humanely.

I do not understand why we have to keep on having a debate on this issue. I hope that this is the last time that we all participate in a debate on this issue, but I imagine that, if she is still in her current post, I will see the Minister who is here today—the Minister for Immigration —the same time next year.