Independent Advocates for Trafficked Children

Gary Streeter Excerpts

Tuesday 28th June 2016 Westminster Hall

[Fiona Mactaggart]

That is exactly the point I was coming on to. [Interruption.]

[Mr Gary Streeter (in the Chair)]

Order. We have a Division. The right hon. Lady will have to answer that intervention when we get back. The sitting is suspended for 15 minutes. If there are two votes, please come back as quickly as possible.

--- Later in debate ---

On resuming—

[Mr Gary Streeter (in the Chair)]

We are waiting for one or two colleagues to return, but I think that we are able to get under way, so I call Fiona Mactaggart to answer the intervention that was made 20 minutes ago.

[Fiona Mactaggart]

Thank you very much, Mr Streeter. The hon. Member for Maidstone and The Weald talked about the complex factors that lead to children going missing. As Professor Ravi Kohli, who led the evaluation team, told a joint meeting of the all-party groups on human trafficking and modern slavery and on runaway and missing children and adults, the circumstances in which a trafficked child goes missing from care are complex. Many factors may be involved and may need to be addressed to provide a solution. An advocate can help to mitigate those factors by raising awareness of the risks among other professionals, pressing for the provision of safer accommodation and building strong relationships with the child, but other action is also needed. As the evaluation report said, the circumstances in which children go missing require further investigation to ensure that we put in place the most appropriate measures to prevent that from happening.

--- Later in debate ---

[Jim Shannon (Strangford) (DUP)]

It is a pleasure to speak in this debate. I thank the right hon. Member for Slough (Fiona Mactaggart) for setting the scene. We have all said this about her, but we mean it: she has certainly been an advocate for this issue, and it is a pleasure to follow her and add some comments. I will speak about Northern Ireland, including the Northern Ireland legislation that she referred to.

Parliament expressed its view clearly in passing section 48 of the Modern Slavery Act 2015. The Government even accepted Members’ criticisms and amended the Bill to make the provision a duty rather than an enabling power, yet they are now choosing to interpret that section as if it were an invitation and not an instruction. That concerns me, and hopefully the Minister will respond to that point. Like the Northern Ireland Assembly, I believe that there is more than enough evidence and best practice available upon which a statutory national service can be based. That evidence comes from a variety of countries, from international organisations, and, closer to home, from Scotland, as the hon. Member for Lanark and Hamilton East (Angela Crawley) said. Consequently, Northern Ireland’s statutory independent guardian service is already in development, as has been mentioned, under section 21 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015.

The Government, however, had a different opinion and felt that they needed to carry out their own trials to establish whether advocates provide a material benefit and add value to the care provided for children over and above existing services. That is perhaps not surprising in the light of their long-held view that existing children’s services were sufficient to support trafficked children, which I note they continued to profess immediately following the 2013 publication of the Government-funded “Still at risk” report from the Refugee Council and the Children’s Society. That report highlighted the insufficiencies and recommended a new advocate-like role to address them.

I therefore commend the coalition Government for deciding first to establish trials, and then to include child trafficking advocates in the Modern Slavery Act— some good stuff has been done. After the successful completion of the first trials, the Government can now be in no doubt about the beneficial impact of independent advocates, which the right hon. Member for Slough so clearly set out. I simply reiterate that the evaluation report makes clear that

“advocates added value to existing provision, to the satisfaction of the children and most stakeholders.”

It seems to me that the trials entirely fulfilled their purpose. They tested a system, demonstrated that the fundamental provision in question produced clear beneficial outcomes on many different fronts and highlighted areas for improvement in a full-scale implementation. Those improvements can and should be integrated into the new statutory scheme. Conducting further trials would be an unnecessary waste of time and resources. There has already been a delay of six months since the evaluation report was published, and longer since the trials ended. We can only expect further delays as procurement protocols, recruitment processes and other preparatory work, presumably including the setting up of a new evaluation mechanism, are carried out to establish further trials.

Many of the findings of the evaluation report were flagged up early in the interim report. They led to key amendments to section 48, including those relating to the legal powers of advocates and the duty of other public authorities to have due regard to advocates’ role.

Mindful of those considerations, I argue that rather than entertaining further delays through more trials, the time has come for the Minister to take action and to bring section 48 into force. I very much hope that she will confirm in her response, which I look forward to, that that is now the Government’s intention. It cannot be anything less.

If, however, the Minister insists on the expense and delay of yet further trials, I ask her, with respect, to explain how she envisages new trials addressing the gap in authority. How will the Government evaluate the effectiveness of advocates in engaging with local authorities and relevant agencies, given that the trials do not actually trial what is proposed? They deny advocates the statutory status that is central to their being able to deliver their function. It is difficult to see what mechanisms could be used in trials to require local authorities and relevant agencies to give due regard to the advocate’s role and responsibilities that would have a similar weight to a statutory duty. Sadly, the consequences of the delay will be that many vulnerable children across England and Wales have to go without much-needed assistance.

Scotland has of course been leading the way in the UK for some time, and I am pleased to say that Northern Ireland will shortly be joining Scotland in providing statutory independent guardians for both trafficked and separated migrant children. We are pleased to be part of that process, as the hon. Member for Lanark and Hamilton East said, and to follow the clear direction that Scotland has taken. It is a matter of great regret that trafficked children in England and Wales will not have the same access to support as those in Scotland and Northern Ireland.

When the lives of vulnerable children are at stake, it is imperative that we act with urgency, and we need urgency in the Minister’s response today. Does she really want it to be said that the worst place to be a trafficked child in the UK is in England and Wales, because the statutory rights and protections are weaker? I certainly hope not. I urge her to unblock the logjam that is holding up the commencement of section 48 and to act swiftly to enable every trafficked child in England and Wales to have an independent child trafficking advocate as soon as is humanly possible. I also ask her to address how she will ensure that separated migrant children in England and Wales will not be at a disadvantage compared with children in Scotland and Northern Ireland, who will have access to independent guardians.

It is a pleasure to speak on this matter, and it is important that the issues involved are stressed. I believe that England and Wales should follow Northern Ireland and Scotland’s examples, and I say in all honesty that it would be remiss of the Minister not to give a clear direction on that today. I look forward to her response, as well as that of the shadow Minister, the hon. Member for Rotherham (Sarah Champion).

[Mr Gary Streeter (in the Chair)]

We now move on to the Front-Bench speeches. It is worth pointing out that the debate can go on until 4.26 pm, but of course it does not have to.

[Richard Arkless (Dumfries and Galloway) (SNP)]

It is a pleasure to serve under your chairmanship again, Mr Streeter. This is clearly an important and emotive issue—I do not think anything rallies the human spirit quite like looking after children, whether they be our own children or trafficked children, and particularly vulnerable children who need our help.

The right hon. Member for Slough (Fiona Mactaggart) made a vivid and skilled contribution. She clearly has a great deal of knowledge of the issue, and I pay tribute to her for securing the debate and for the work that she has done on the all-party group, which I have learned a lot about in the last couple of days having read up on the subject. I commend you for that very good and sincere work. You provided vivid summaries of the experiences of the trial and put into context how it benefited children.

What came out of your speech was that trust is the central plank of why an advocate is so essential. The role of the advocate creates trust in the system by integrating children into society and giving them hope, and it creates trust in the advocates themselves. The alternative is further overburdening an already overburdened social work department with extra responsibilities, which it clearly would not have the resources to meet. I was interested to hear you talk about the positive feedback from the trials that have already taken—

[Mr Gary Streeter (in the Chair)]

Order. I remind the hon. Gentleman that when he says “you” he is referring to the Chair.

[Richard Arkless]

Apologies, Mr Streeter. I was commending the right hon. Member for Slough because I was interested to hear about the positive feedback from the trials that she spoke of. That prompts a question, which I hope the Minister can help us with later: why on earth were they pulled, and why has section 48 not been invoked since that happened? I would be grateful to hear some answers to that. It is telling that, as she said, Barnardo’s has continued its advocacy policy since the conclusion of the trials. That organisation is dedicated solely to looking after vulnerable children, so if it sees the benefits of advocates, we should all sit up and take note.

My hon. Friend the Member for Lanark and Hamilton East (Angela Crawley) made a point that I would like to echo: this is not about politics. This is not about us in Scotland, Northern Ireland, or any jurisdiction telling another jurisdiction that we are doing a better job. We simply care about the kids, wherever they are; whether they are in Scotland, England, the European Union or the wider world, we want vulnerable children to be protected. It is not to score political points that we say that Scotland is perhaps more advanced in what it is doing; it is to provide a constructive comparison so that we can all look after the children in question. My hon. Friend provided an excellent summary of the position in Scotland, which I am sure the Minister has taken note of.

The hon. Member for Strangford (Jim Shannon) made a powerful point about the need to invoke section 48 immediately. He made the important point that the criterion upon which we should assess the trials is material benefit to children. From what I have heard today and read in preparation for this debate, it strikes me that the trials did have that benefit. If we keep that principle at the forefront of our mind when assessing what happened in the trials, hopefully it will lead us to invoke section 48 so that, frankly, we can get on with it.

I did not think my speech would be complete without hearing from the children themselves. I have a testimony from a child in Scotland who has been through the system there. She says of her advocate:

“I was happy, she was so nice, so nice about everything, we go to different appointments together.”

She said her guardian really

“calmed me down when I was upset. After the appointment she and I would meet and talk together about what happened, and she advised me. She was more than a worker for me, because she was someone I could talk to.”

She said her social worker was very nice, but she had only met her

“for 3 hours in 9 months. We are like strangers when we talk together. But with my Guardian, I talk to her”.

She says that she trusts her guardian and that

“she puts me at…ease”.

She feels as if she can now live her life.