Human Trafficking

Debate between Gavin Shuker and Andrew Selous

Thursday 20th December 2012 Westminster Hall

[Gavin Shuker (Luton South) (Lab/Co-op)]

I appreciate the opportunity to speak in this debate, which will be the last we speak in, in 2012. I could not think of a better subject to spend time debating. The subject is serious, and I want to associate myself with the comments of all speakers so far, and recognise not only their passion but their depth of knowledge.

Last Sunday, I spoke at a church in my constituency, and afterwards a woman came and talked to me about an issue that had nothing to do with human trafficking, but something she said stuck with me. She said, “Now is the time for a Wilberforce moment, and to make your stand.” Underlying that comment was the belief that what changes things is not a vote or legislation alone. It was not a detached moment in Wilberforce’s life that led to change; almost the whole of his life led up to the moment when something happened, and that was what changed things.

My short time in the House has confirmed my previous prejudice that what changes big and complex issues is not a vote or legislation, but clear, consistent and brave political leadership. I have enormous respect for the Minister. I have seen him up close working on difficult legislation, and I believe that he wants to do the right thing. To echo many hon. Members who have spoken, there is a real opportunity for this Government not just to give a commitment or set up a working group, but give clear and consistent leadership across the gamut of policy concerning human trafficking.

I want to say a few words about human trafficking, the sex industry, prostitution, and how we can live up to our commitments by examining the law in this area. Human trafficking accompanies many heinous forms of control, abuse and exploitation. Trafficking of human beings in the UK for the purpose of sexual exploitation remains the most prevalent type of exploitation recorded through the national referral mechanism last year.

According to the most recent UN figures, trafficking for sexual exploitation accounts for 58% of all trafficking cases detected globally, and victims of all forms of trafficking are also at high risk of sexual abuse: there are reports that 87% of all trafficked victims are subject to sexual violence and exploitation. It is important that we do not directly conflate prostitution and trafficking, but we must take on those who would promote the myth that there is no direct relationship between those trafficked to the UK for the purpose of sexual exploitation and our local prostitution markets.

In the previous Government, my hon. Friend the Member for Slough (Fiona Mactaggart) courageously promoted section 14 of the Policing and Crime Act 2009, and managed to get it on the statute book before the election. It introduces a strict liability offence for those purchasing sexual services from someone who is subject to “force, threats…or…deception”, and chapter 5 of the Inter-Departmental Ministerial Group on Human Trafficking report refers to that.

My hon. Friend explained that the fines are relatively low because the offence is one of strict liability. My research, as chair of the all-party group on prostitution and the global sex trade, into how effective the law has been shows that only 43 people have been found guilty of the offence; we would have expected the law to be more potent when it comes to convicting people. That is shocking, because we know that women and some men in many towns and cities throughout the country are being raped repeatedly, day after day, night after night. They have been trafficked to this country, and the men who have done that to them are walking away with fines of £200. That is truly shocking, and the step that was put in place to try to ensure that we send a clear and consistent message has succeeded only in highlighting how far we have to go.

I have spoken to the Crown Prosecution Service, Home Office staff, the Association of Chief Police Officers and other organisations, and they say that to make the law work it should be set within a framework of clear and consistent political leadership and pressure from the Government. The Minister intervened to talk about the role of police and crime commissioners in setting their local policing plan. I have met the Labour police and crime commissioner in Bedfordshire, Olly Martins, to discuss what more can be done, but I accept that this is a cross-border issue, crossing both national and county borders, and I encourage the Minister to provide clear and consistent leadership.

[Andrew Selous]

The hon. Gentleman—my parliamentary neighbour—mentioned leniency and lightness of fines, which picks up on a point that the right hon. Member for Birkenhead (Mr Field) made about the lightness of the prison sentences in the Bedfordshire case. Might not that be an issue to raise with the Minister, who should perhaps take it to the Sentencing Council, given that there is a strong feeling in the Chamber that the sentences being passed do not reflect the appalling nature of the crimes committed?

[Gavin Shuker]

Of course I associate myself with that comment, but we must look at Government action in the round, and not just in terms of the sentences available on the statute book, and ask questions about the direction of future legislation.

--- Later in debate ---

[Gavin Shuker]

I accept that point, and it will be interesting to see in how many places that occurs, but equally, surely if we started highlighting the places where we believe trafficking is an issue, we would not be able to stop listing them. There is a real problem in every police area. I am talking about the relationship between on-street and off-street prostitution and trafficking, but the problem goes far beyond that. I am always happy to commend my parliamentary neighbour, the hon. Member for South West Bedfordshire (Andrew Selous), on the loveliness of his constituency. I occasionally journey there. It is a cliché to refer to leafy parts of Bedfordshire, but trafficking is an issue there.

It is not difficult to find the start of a trafficking trail. We could turn to the back pages of most free local newspapers and just by ringing a telephone number, start an intelligence operation that could result in serious charges, if taken all the way through. The issue is the resources available. Local police authorities, police and crime commissioners, the Home Office, ACPO and the CPS are saying, “We will do more on this issue if there is more leadership and if we believe it is a priority,” so let us work together to make it a priority.

The Government have already signed up to a number of commitments. In March 2011, they signed up to the European directive on trafficking, which states:

“Member States should establish and/or strengthen policies to prevent trafficking in human beings including measures to discourage the demand that fosters all forms of exploitation, and measures to reduce the risk of people falling victims to trafficking in human beings”.

The then Minister for Immigration, the right hon. Member for Ashford (Damian Green), said:

“Opting in would send a powerful message to traffickers that Britain is not a soft touch and that we remain world leaders in fighting this terrible crime”,

We have, quite rightly, opted in, but if the Government are not committed to legislation that tackles and reduces the demand for sexual exploitation, we will send exactly the opposite message: that Britain is a soft touch. We do not exist in a vacuum, but alongside nations—particularly on the continent of Europe—in which legislation has been used effectively to tackle the issues around sexual exploitation and trafficking. We have a duty to introduce measures that reduce both the demand that fosters all forms of exploitation and the risk of people becoming victims of trafficking in the first place.

It is currently illegal in the UK to have sex with a minor, to live off the earnings of women selling sex, and to solicit in a public place, but police practice still tends to focus on picking up women and girls who are soliciting, rather than on the men who use them. My right hon. Friend the Member for Birkenhead (Mr Field) talked about exploitation in legal and illegal markets, and about the sex trade being an illegal market; in some cases it is, but in many cases it is not, and that goes to the heart of the question of what we are doing to reduce the demand for human trafficking. Until we have enforceable legislation that protects the most vulnerable in our society, and transfers the burden of criminality to the perpetrators of sexual abuse and violence, we will struggle to say that we are doing all we can to tackle this atrocious affront to civil liberty and the dignity of persons. Too often, victims of trafficking and coercion are the ones facing fines and criminal records, while the perpetrators walk away scot-free.

[Andrew Selous]

The hon. Gentleman tantalised us by saying that other countries deal with this issue a lot better than we do, but he gave us no examples. Which countries could we look to for examples of good legislation?

[Gavin Shuker]

Let me jump ahead in my speech, because that is a salient point. I could mention a number of countries, but merely as examples of places where there are different legal settlements. They certainly do not represent my view of how we should tackle this issue, and I think we should work together and appreciate that there is a problem before we reach a conclusion; indeed, my all-party group will look at many of these issues next year in an inquiry into the legal settlement regarding prostitution.

There is significant evidence to suggest that domestic policies on prostitution have a direct effect on the flow of trafficking. A recent report, which surveyed 160 countries, showed that countries that legalise prostitution experience increased trafficking inflows on average. This is not, therefore, as straightforward as introducing one simple measure. Sweden amended its prostitution law in 1999 by criminalising the purchase of sex, on the basis that prostitution is always, by its very nature, exploitative, which is an interesting point. The prostitution market in Sweden has contracted, and reported instances of trafficking are far lower than in comparable, neighbouring countries. Sweden also has a different criminal justice system, in which it is possible to use wiretap intercept evidence in court, and there are clear examples of traffickers attempting to sell women into the country, particularly for the sex trade, but being told that it is too difficult and that they should choose other countries, because of the draconian measures in place to criminalise the purchase of sex by men. I will come to that in more detail in a moment.

In its strategy on prostitution and the exploitation of prostitution, the CPS recognises that there is a link between trafficking and prostitution. It says:

“The increase in human trafficking for sexual exploitation is also fuelling the market for prostitution in the UK, although this is largely confined to off street and residential premises such as brothels, massage parlours, saunas and in residential flats. This is a lucrative business and is often linked with other organised criminal activity such as immigration crime, violence, drug abuse and money laundering. Women may be vulnerable to exploitation because of their immigration status, economic situation or, more often, because they are subjected to abuse, coercion and violence…there is evidence now that trafficked women are also working on the street.”

On the basis of anecdotal evidence, I also believe that to be the case.

The IDMG report recognises that trafficking does not merely involve crossing borders. In 2011, the Serious Organised Crime Agency recorded that 99 UK citizens were trafficked within the UK, although many of us believe the number is higher. Some 52 UK citizens were trafficked for sexual exploitation, and 80% of them were identified as female children. Even more alarmingly, SOCA reported that some potential victims, especially those subjected to criminal exploitation, continue to be incorrectly identified as suspects.

ACPO’s 2010 study of sexual exploitation in England and Wales—Project Acumen—estimated that 96% of women involved in prostitution in London were migrants. Home Office figures tell us that women involved in street prostitution are 12 times more likely to be murdered than other women, and murders of prostitutes constitute the largest single group of unsolved murders. Another Home Office report estimates that more than half the women involved in prostitution have been raped and/or seriously sexually assaulted, and that at least three quarters of women involved in prostitution have been physically assaulted. Some service providers believe those figures to be underestimates.

One fundamental barrier to protecting those at risk of trafficking for sexual exploitation remains the ambiguous definition of exploitation and coercion. Many victims of sexual exploitation do not consider themselves to be exploited, as a consequence of cultural values, work ethics and levels of remuneration in their home country. However, we must be clear as a country about what we believe exploitation to be, and we must be consistent in applying that understanding. Some people may not be identified as potential victims of trafficking by those who encounter them. We therefore need to reassess the working definitions of exploitation and coercion—problems that lead to intolerable numbers of vulnerable people entering the UK sex industry, often unable to exit.

Current legislation focuses on selling sex or soliciting in a public place, contributing to an “out of sight, out of mind” attitude to sex work. In light of increased awareness of the significant links between prostitution, child sexual exploitation and human trafficking, it is imperative that we put resources into prevention and the protection of those involved in the sex industry, as well as into increased exit pathways and support. To return to my original point, such measures must be backed by appropriate legislation and clear political leadership, to make it clear that accepting abuse and violence towards marginalised persons is unacceptable under any circumstances, and that such practices will be punished through enforceable laws.

There are frightening statistics about sex workers experiencing violence, rape, drug and alcohol misuse, coercion, exploitation and cycles of abuse. How can we reconcile the Government’s commitment to reducing violence against women, protecting children at risk of sexual exploitation and combating trafficking with the tolerance and acceptance of men purchasing sexual services, primarily from vulnerable women, children and men?

To be frank, we cannot protect an individual’s so-called right to sell sexual services at the expense of those trapped in horrendous cycles of abuse. Notions of individual choice and consent cannot be dismissed, but they must be examined in the context of increased vulnerability to coercion and the imbalances of power that, by their very nature, exist in this industry.

There are the simple rules of supply and demand: the supply of commercial sexual services is met predominantly by marginalised women and girls or other vulnerable persons, and the demand is driven by men who take advantage of these marginalised persons. In almost every case, prostitution is the result of the absence of choice—a survival strategy and not an empowered choice. The UN rapporteur on trafficking says:

“It is rare that one finds a case in which the path to prostitution and/or a person’s experiences within prostitution do not involve, at the very least, an abuse of power and/or an abuse of vulnerability. Power and vulnerability in this context must be understood to include power disparities based on gender, race, ethnicity, and poverty. Put simply, the road to prostitution...is rarely one marked by empowerment or adequate options.”

There is significant evidence to suggest that domestic policies on prostitution have a direct effect on the flow of trafficking. I spoke, in response to comments by the hon. Member for South West Bedfordshire, about those countries that tackle the matter differently, with a different legal settlement. Sweden, of course, amended its law in 2009, but at the other end of the scale, the Netherlands, which in 2000 lifted the ban on brothels, has experienced a significant rise in the incidence of trafficking, forced prostitution, serious organised crime and money laundering. The mayor of Amsterdam, Job Cohen, was forced to admit that, five years after the lifting of the brothel ban, the aims of the law—to reduce and regulate the prostitution market—had failed, and measures to tackle the spike that had emerged in trafficking would have to be implemented.

Pregnancy Counselling

Debate between Gavin Shuker and Andrew Selous

Monday 12th December 2011 Commons Chamber

[Gavin Shuker (Luton South) (Lab/Co-op)]

I am extremely grateful to you, Mr Speaker, for granting this Adjournment debate. Three months ago, during our debates on the Health and Social Care Bill, an amendment upholding a notion supported by 78% of the British public, that

“a woman should have a right to independent counselling when considering having an abortion, from a source that has no financial interest in her decision”

was put to the vote. It was voted down by a majority of three to one. I know this all too well because I intervened in the debate to say why I hoped it would not go to a Division. It felt misplaced in the legislation and followed a fractious debate that had been conducted in the papers and the media. It descended, as all such debates seem to, into a political bun fight. Indeed, one of the few voices of moderation—hon. Members might be surprised to hear me say this—was the Under-Secretary of State for Health, the hon. Member for Guildford (Anne Milton), who is in her place tonight.

The Government are rightly engaging in a consultation process to see how best to improve pregnancy counselling services. It is in that context that I sought this Adjournment debate. I hope that we can show, as a House, that we have the maturity to ask a simple question without descending into accusations either of betrayal or of compromise. The question we must ask is this: do the present arrangements for pregnancy counselling, when a woman is deciding whether to undergo a termination procedure or to make arrangements for seeing her pregnancy through, serve us well?

I should like to quote a few women who have spoken about their experiences of the pregnancy counselling system as it is currently constituted. All these women received taxpayer-funded counselling; they really are the most important voices we could hear from this evening. A woman called Jennie had a bad experience. She said,

“I felt this counsellor was disinterested. I actually told her to pay attention because this was important to me that I had this counselling. It was like she was thinking about her shopping and I was just choosing a handbag.”

Emma said:

“I felt irritated with the counsellor because she presented my abortion options like it was a sweet shop; ‘So what would you prefer? The pills that will do this, this and this or you could have a surgical procedure.’ I was so angry; I just told her I didn’t care.”

Other women have reported that they felt pregnancy option counselling simply was not made available to them. A woman called Kerry said:

“They did not offer me counselling. I was crying and screaming as I went for the abortion but they still went through with it. I was pressurised by my boyfriend. It is the first thing I think about in the morning and the last thing at night.”

Patricia was not offered counselling either. She said:

“I was never given any options. When I took the second pill I was sent home to have the abortion. I have not stopped crying ever since.”

It is tempting to dismiss these experiences, but they are real. Any mature debate will, I hope, avoid the accusation that these women are in some way rewriting their own history. Surely we should do all we can as a society to ensure that women, regardless of their choice in such circumstances, do not have to live with regret, in many cases for the rest of their lives.

At the heart of the proposal that all women should access independent counselling where the source of that counselling does not have a financial interest in their decision is a concern about the current arrangements. At present the only available taxpayer- funded pregnancy counselling is given by those working for abortion providers. Some have suggested that this means that counsellors will act unprofessionally, in a directive fashion. I do not suggest that, but I do have a concern.

When a pregnancy counsellor also works for an organisation that provides abortions, there is an underlying direction of travel. The expectation, for both the organisation and the woman accessing the service, is that the normal process will conclude in the termination of a pregnancy.

[Andrew Selous (South West Bedfordshire) (Con)]

Given that the law gives a woman the right to choose, does the hon. Gentleman agree that a woman should also have the right to choose from where she gets her counselling? I have a wonderful lady in my constituency, Sarah Richards, who receives no funding for the women who come to her. She does not badger them in any direction. Would the hon. Gentleman like to see a woman such as Sarah Richards who provides such a service receiving the same payment as the British Pregnancy Advisory Service receives for the women it counsels?

[Gavin Shuker]

The hon. Gentleman makes an extremely good point about the experiences in his constituency. I will go on to talk about the system that I think might be able to facilitate something along those lines and address some of the concerns that, quite understandably, many people will have when they hear about those who are currently outside the system coming in as well.

It is reasonable to expect that women are offered, should they want it, counselling that does not have a connection and an underlying association with only one outcome.