Nationality and Borders Bill (Fourth sitting)

Holly Lynch Excerpts

Committee stage
Thursday 23rd September 2021 Public Bill Committees

[The Chair]

We will now hear from Siobhán Mullally, United Nations Special Rapporteur on Trafficking in Persons, and Dame Sara Thornton, the Independent Anti-Slavery Commissioner. We have until 3.15 pm, so slightly longer than the last session. Would the witnesses please introduce themselves for the record?

Dame Sara Thornton: Good afternoon. I am Sara Thornton, the Independent Anti-Slavery Commissioner for the United Kingdom.

Siobhán Mullally: Good afternoon. I am Siobhán Mullally, Special Rapporteur on Trafficking in Persons, especially women and children.

[Holly Lynch (Halifax) (Lab)]

Q Thank you to both of our witnesses. On part 4 of the Bill, on modern slavery, I think we can all agree that securing prosecutions against the perpetrators of trafficking and modern slavery has to be a priority. With that in mind, do you think that the Bill will improve our ability to secure prosecutions?

Dame Sara Thornton: It is not for me to have a view on most of the provisions, but part 4 and its impact on modern slavery is my particular focus. One of my concerns about the Bill is the unintended consequences, in particular of clause 51, on disqualification from protection. That is probably my gravest concern about unintended consequences.

In my view, we currently prosecute far too few traffickers and criminals for those offences, and I am concerned that the Bill could unintentionally undermine that. I say that because in defining the public order exemption, the bar has been set low and the net has been cast wide—whichever phrase you want to use. It has the potential to reduce support for a considerable number of victims of modern slavery through the national referral mechanism, which matters because, if victims are not supported through the national referral mechanism, they are put in a very difficult position in terms of supporting police investigations and prosecutions. That is my concern.

I was trying to be helpful and think what it is about clause 51 that is a particular problem. Clause 51(3) defines the public order exemptions; I have been looking at paragraphs (b) and (f) in particular. Paragraph (b) is where the list of offences is from schedule 4 of the Modern Slavery Act 2015. That list was passed by Parliament six years ago for a very different purpose. It was about which offences were excluded from the protection of the statutory defence. The first question I have had is about whether we are actually going to use that list for a very different purpose.

The second issue is clause 51(3)(f), where the definition of a foreign criminal from the UK Borders Act 2007 is used. Again, that is a very low bar because all it requires is for somebody to be sentenced for 12 months, and sentenced not just in the United Kingdom but anywhere in the world. My concern is that it sets quite a low bar. I have been speaking to colleagues in law enforcement and from charities that provide support for witnesses, and their concern is many people who have given witness evidence in the Crown court would be caught by this, and they would not necessarily be provided with support in the NRM. That is my concern. My other suggestion might be considering an amendment saying that if a victim is supporting a police investigation or a prosecution, then perhaps they should be exempted from this provision.

[Holly Lynch]

Q Thank you. Before I bring in Ms Mullally, with your concerns around clause 51 in particular, do you think it is incompatible with some of the protections in section 45 of the Modern Slavery Act 2015?

Dame Sara Thornton: I do not think it is necessarily incompatible. My main point is that clause 51(3)(b) uses the schedule 4 list of offences passed by Parliament in schedule 4 of the Modern Slavery Act for quite a different purpose. I would hope that somebody has spent some considerable time thinking, “If we use this for a purpose other than that for which it was intended, can we model the consequences?” At the moment, the number of prosecutions is in the hundreds per year. My concern is that if we remove support from victims and witnesses, we will reduce that even more.

[Holly Lynch]

Q Thank you. Ms Mullally, do you think the Bill will help us secure prosecutions?

Siobhán Mullally: Thank you very much for your question. My role as UN special rapporteur on trafficking in persons is to ensure that the highest standards are met in terms of protecting the human rights of victims of trafficking, as well as combating impunity for trafficking in persons by ensuring effective investigations and prosecutions. That is critical to a human rights-based approach because we need to combat impunity, ensure accountability and protect victims of trafficking.

The protection of victims enables us to be effective in investigations and prosecutions. As it stands, with my mandate as UN special rapporteur on trafficking in persons, I have specific concerns around clauses 46 to 51 in particular as not complying with international law, international human rights law and with the state’s positive obligations to identify, assist and protect victims of trafficking without discrimination. That in itself will hinder effective investigations and prosecutions and hinder the goal of combating impunity for trafficking in persons and ensuring accountability.

I have very specific concerns about those provisions in relation to the state’s positive obligations under the European convention on human rights, in particular articles 4 and 6, and under the Council of Europe convention on action against trafficking in human beings, as well as very specific concerns in relation to the rights of child victims of trafficking, as protected under the UN convention on the rights of the child and many other human rights instruments.

I can talk a little bit more about those specific concerns, but as it stands I would have concerns that the Bill does not comply with the state’s obligations under international human rights law.

[Holly Lynch]

Q That is incredibly helpful. On the point about children entering the NRM, Dame Sara, I know that in your written correspondence with the Home Secretary, you have identified concerns about a lack of detail and provision for children that is cause for concern with this piece of legislation? Given that last year 47% of referrals to the NRM were from those exploited as children, what sorts of provisions would you expect to see in this legislation to protect children?

Dame Sara Thornton: Last year in 2020, nearly half of the potential victims referred into the NRM were children, but in this part 4 on modern slavery there is only one mention of children. I have some specific suggestions: on clause 53, which is about the granting of limited leave, there were real concerns about the way that the requirement to consider the best interest of a child appears to be ignored. The best interests of a child goes back to the UN convention on the rights of a child; it is in the Children Act 1989, and it is also in the European convention against trafficking, that decisions should be taken in the best interests of the child. Looking at clause 53, and thinking about where there is a positive conclusive grounds decision that the child has been trafficked, and that they were under 17 at the time they were referred into the NRM, there really should be a presumption for the Secretary of State that leave to remain is given in the child’s best interests.

Clause 53 is one example. I am now going out of part 4 into clauses 14 and 15. The equality impact assessment published by the Government last week committed to mitigating the adverse impact on unaccompanied asylum seeking children by exempting them from the inadmissibility process. I do not think that is anywhere in the Bill. I think that it is important that something that has been identified as a problem for children is considered in legislation.

There are two other areas: in clauses 46 and 47, which are about the traffic information notices, there is no comment about whether they would apply to children. It would be really good to have clarity about whether children are going to be given these traffic information notices and asked to respond in a set period. Lastly, I have just covered clause 51 and the exemptions from protection; again, it is not clear whether those would apply to children. I think experts in the rights of children would argue that there are several international legal frameworks that suggest this is not appropriate and not in the children’s best interests.

[Holly Lynch]

Q Thank you very much. Ms Mullally, I ask you the same question about what specific protections for children you would expect to see in this legislation?

Siobhán Mullally: First and foremost, it is for the best interests of the child to be the primary consideration when addressing the rights of children under all aspects of the legislation. The convention on the rights of the child is almost universally ratified, and that is a core principle of the convention.

To go back to clauses 46 and 47, in particular: with regard to both adult and child victims of trafficking, there is no attention given to the impact of trauma on victims of trafficking. It is well recognised that this can lead to delays in disclosure of information. The impact that the experience of trafficking has on the disclosure of information and the reporting of the harms that have been endured has also been documented in the case law of the European Court of Human Rights—for example, in Elia in Greece, and Essen in Croatia. That is even more heightened with children.

In the recent judgement of V.C.L. and A.N. v. the United Kingdom, the European Court of Human Rights emphasised again that it is a positive obligation on the state to identify and ensure assistance and protection to victims of trafficking. It is not an obligation on the victim to self-identify or report, and certainly not within any specific timeframe. It is a positive obligation on the state. As the European Court of Human Rights said in V.C.L. and A.N. v. the United Kingdom—with regard to the two Vietnamese boys in that case who were in an even more vulnerable situation—because of children’s vulnerability, they have a right to international protection. It is critical that that informs all elements of the Bill. I am picking out those two because they have a specific impact, in terms of recognising the impact of the experience of trauma on a victim of trafficking. It is a core commitment of the United Kingdom to combat the trafficking of persons, and modern slavery, both at home and abroad. It is critical that we see best practices being incorporated here.

[Holly Lynch]

Thank you very much, I will leave it there, unless there is time at the end.

[Paul Blomfield]

Q I wondered if I could follow up on clause 48—a clause you did not mention—and the proposals in the Bill that would, effectively, increase the threshold for initial identification for a reasonable grounds decision through the national referral mechanism. Do you think the threshold is currently set too low? Are there risks associated with setting it higher in the way the Bill does?

Dame Sara Thornton: There are two schools of thought on this. Many in the sector will argue that the current, very low bar is appropriate, but I know colleagues in law enforcement think it is too high. The Bill is suggesting that we use the wording in the European convention against trafficking, or reasonable grounds to believe that an individual is a victim of modern slavery and human trafficking. On balance, I think that is appropriate.

Reasonable grounds is a pretty low threshold that people understand. It is more than a hunch or a suspicion, but it is not as much as a balance of probabilities. There needs to be some sort of objective information to base that reasonable grounds decision on. The obvious thing to say is that the guidance given to staff in the competent authority will be key, but it is not an unreasonable proposal—not least because the current legislation in Scotland and Northern Ireland uses the word “is” and, as far as I understand, the competent authority uses the same test across the United Kingdom. I do not think it will make that much difference, and to be consistent with the European convention is a reasonable proposal.

Siobhán Mullally: A concern here would be the possible impact of changing the threshold in terms of potential victims of trafficking accessing support and assistance and in processes of identification. Is it likely to have a negative impact? Is it likely to increase difficulties in identifying victims and referring them in a timely way for assistance and protection? That would be a concern if it is a regressive measure from where we are now; in terms of human rights law, you want to ensure non-regression in the protection of human rights of victims of trafficking.

I have concerns about the impact of that and whether it will increase the difficulty of timely and early identification of victims, because early identification is critical to ensuring effective access to protection. There is a question about how it will be implemented in practice and what the fallout will be in its implementation.

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[Neil Coyle]

That is very clear and helpful. Thank you.

[Holly Lynch]

Q It has been put to me by a police officer working on the frontline in this area that, because we have British citizens and migrants entering the NRM, if somebody goes missing from it, it is dealt with primarily in terms of immigration compliance rather than safeguarding concerns. Do you think that is a fair assessment? What are your thoughts on that? Dame Sara, first.

Dame Sara Thornton: This has become quite a topic of discussion in law enforcement. The problem has been that practice has varied from force to force as to whether missing person reports were completed or whether there was a report to immigration enforcement. I know that some interim guidance has been put out by the National Police Chiefs’ Council setting out what needs to happen, but to give you an example from June this year, about 140—I think—Vietnamese migrants who had come across in small boats were put in hotels in a variety of cities across the UK, and within 24 hours they had all disappeared. My view is that that was because they were clearly under the control of traffickers. They got sucked into the asylum system; that would not be the plan of the traffickers. As I say, they were gone in 24 hours. The reason I am aware that there has been some debate is that the forces were all then saying, “What’s going to be our response? What should we be doing in terms of investigating what has happened?”

One of the difficulties, if I may, is that when people go missing in that situation, we have no biometric data on them, so it is very difficult to ever work out whether you have found those people or not, with all the issues of language and difficulty with names and dates of birth. It is a live and current operational issue at the moment.

[Holly Lynch]

Thank you. Ms Mullally?

Siobhán Mullally: The state has very specific obligations to protect victims and potential victims of trafficking, and there are very specific provisions under the Council of Europe convention on action against trafficking in human beings with regard to missing children, whether those are foreign nationals or not. Internal trafficking is a very serious concern that is often not recognised sufficiently in many jurisdictions, not exclusively the United Kingdom.

A concern was raised previously by the Council of Europe group of experts on action against trafficking, the treaty monitoring body under the convention on action against trafficking, about children going missing in the UK—particularly unaccompanied, separated asylum-seeking children, but also child victims of trafficking internally. Of course, there are very serious obligations on the state to provide protection to all children without discrimination.

One concern with regard to the trafficking context can be that sometimes the child victims and adult victims go outside of the ordinary protection mechanisms and are not treated with the same urgency that they ought to be, but there are very specific obligations on the state to try to respond effectively and in a timely way to prevent that, and to ensure protection.

[Tom Pursglove]

Q Just a few questions for Dame Sara, if I may. As you will know, we are bringing in more staff as decision makers, and we have brought in the new modern slavery victim care contract. For the benefit of the Committee, can you describe what the principal drivers of the pressure on the national referral mechanism are, from your perspective?

Dame Sara Thornton: Thank you, Minister, and I very much welcome the new staff who are being recruited into the single competent authority, because I have raised the need to speed up decision making with your predecessors on many occasions.

The biggest cause of difficulty, I think, is the increased numbers. Although 2020 was similar to 2019, with about 10,600 referrals into the NRM, that number has doubled in three or four years, so there is substantial pressure. The other thing that is happening, as I mentioned earlier on, is child criminal exploitation and the cases of children. Those decisions need to be made quickly, because there are often related proceedings. Having been to the single competent authority and spoken to the staff, what tends to happen is that all those priorities keep going to the top of the pile and then there are an awful lot of cases in the backlog. On the whole, it has been about increased demand, and the resources just have not been able to keep up with it. So I welcome the fact that there are new staff. It will take a while for them to be trained and to be competent, but that is a good thing.

The second thing, which is identified in a report I published last year, is that one of the difficulties for the decision makers in that competent authority is that they do not always have all the information. They have some information, but they are often having to make decisions on partial information. They might have asked local authorities, they might have asked police forces or they might have asked Border Force. They do not always get the replies and therefore they are having to do the best in difficult circumstances. Staff have been under huge pressure and I hope we can begin to bring those averages down and bring the weight down.

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[The Chair]

Q We will hear from all the next panellists remotely. They are Patricia Durr, chief executive of Every Child Protected Against Trafficking UK, Patricia Cabral, legal policy officer at the European Network on Statelessness, and Adrian Berry from the Immigration Law Practitioners Association. We have until 5 pm for this session. Could the witnesses please introduce themselves for the record?

Patricia Durr: Hello. My name is Patricia Durr. I am the chief executive of ECPAT UK. We are a child rights and anti-trafficking charity working directly with child victims and those at risk, and advocating for their rights to protection and care.

Patricia Cabral: Good afternoon. I am Patricia Cabral, the legal policy officer at the European Network on Statelessness. We are a civil society alliance working to protect stateless people, and to reduce statelessness throughout Europe. We have more than 170 members across Europe in 41 countries, including the UK. There are 45 of us in the UK.

Adrian Berry: Hello. I am Adrian Berry, patron of the Immigration Law Practitioners Association. We represent barristers, solicitors and other immigration advisers who work in the field of migration policy to secure just and equitable immigration law and practice.

[Holly Lynch]

Q I thank our witnesses for joining us this afternoon. To ECPAT first, you said in your written evidence that, although the Government’s stated intention is to improve support for child victims of trafficking, that is incompatible with their plans in the Bill. Can you explain that?

Patricia Durr: Thank you for the opportunity to give evidence to the Committee. One of our concerns has been what little attention has been paid to child victims in consideration of the measures in the Bill. We welcome the focus in the earlier evidence session with Dame Sara Thornton and Siobhán Mullally, and some of the questions from the Committee on that. One of our key concerns is that the measures in part 4 of the Bill will affect all child victims of trafficking, including British national children, who currently form the majority of those who are referred into the national referral mechanism; yet it is being dealt with within an immigration context. For us, consideration of child victims of trafficking and modern slavery is a child protection matter solely.

We are also concerned that the measures in the Bill will be detrimental to unaccompanied children, who we know are at particular risk of exploitation, abuse and trafficking. We know that increasing numbers of children are being identified as victims; yet the barriers are huge. We support some of the stated intentions of providing more support for child victims, but this measure seems to be increasing vulnerability and increasing punishment of children who are already too often criminalised for their own exploitation.

We also think that the Bill is not compatible with the UK’s current obligations towards children, principally the Council of Europe convention on action against trafficking in human beings and the UN convention on the rights of the child, and that all decisions about children, including that of immigration leave, must be taken with their best interest as the primary consideration. They must not face discrimination due to their immigration status, nor must they be disqualified from protection in the UK. There should be a safeguarding response to all children.

We are concerned about all the clauses in part 4 of the Bill, but we have particular concerns about identification, the conclusive grounds provisions, the recovery period, which will potentially have an impact on child victims, and the disqualification from protection, as well as the leave to remain provision in clause 53. We think there is an opportunity to improve and strengthen that in terms of particular provision for children, whereas there is nothing in there now that meets the international legal standard for children.

[Holly Lynch]

Q Thank you very much; that is incredibly helpful. Looking at some of the statistics for last year for the national referral mechanism, the data suggests there was an increase of nearly 10% in children being identified as potential victims of trafficking. Do you have a sense of what some of the reasons might be for that increase in children being referred?

Patricia Durr: We need to bear in mind that the biggest single form of exploitation of children who are being referred is criminal exploitation, and to a large extent some of that is about increased awareness and better identification of children and young people. We are not sure yet what impact covid may have had on some of that; we know that the numbers of adults went down, maybe as a result of the access into work environments where they are being exploited. There may be some of that, but there is a broad understanding that there is an increase in exploitative behaviour towards children.

[Holly Lynch]

Q With that in mind, looking at clause 51 specifically and given the prevalence, as you have just said, of children in the NRM who have been subject to child criminal exploitation, to what extent are you concerned that the measures in clause 51 will not only make it harder for children to come forward to seek support having been exploited, but make it harder to secure prosecutions against those who have been exploiting them?

Patricia Durr: We are really concerned about that, because the definition of the threat to public order is not appropriately drawn. It is so broad that, as you say, a significant number of child victims would potentially be disqualified from that protection. The consequences for children and young people are huge. As we have said, criminal exploitation is the most commonly reported form of modern slavery for potential child victims, and a significant number of those cases are for drug-related offences, including some of the so-called county lines crimes, which may carry custodial sentences of more than 12 months, which this provision brings in. Those children would be disqualified from protection if they were identified on appeal for serving custodial sentences.

We also know that data on arrests of children aged 10 to 17 for drug-related offences show that more children are arrested for possession with intent to supply class A drugs. We are also concerned about the terrorism subsections of clause 51, which will exclude child victims exploited by non-state armed groups from accessing protection. The international legal framework on the use of children in armed conflict defines this form of exploitation as the worst form of child labour, and exclusion of children recruited by armed groups on public order grounds will significantly hinder their ability to be safeguarded from harm and to access support and protection. We draw particular attention to the impact it will have, not only on migrant children. It may include the identification of children domestically, such as those in Northern Ireland who are recruited into paramilitarism.

[Holly Lynch]

Q In the light of what you have just said, do you have concerns that clause 51 may not be compatible with section 45 of the Modern Slavery Act 2015 in particular?

Patricia Durr: Yes. It is a principle set out in international—and also our domestic—law that children should not be punished for their own exploitation and abuse. That non-punishment of trafficked children was recently judged in the European Court of Human Rights. I think Siobhán Mullally mentioned this case of V.C.L. and A.N., two Vietnamese teenagers who were criminalised and not identified as child victims of slavery. Yes, we are very concerned about this clause. We think that child victims should not be included within its remit.

[Holly Lynch]

Q Thank you very much. I have just one more question for Adrian, if I may, Ms McDonagh. Turning to access to legal advice, particularly in relation to the NRM, could I get your thoughts on whether the system would be improved if people received legal advice upon entering the NRM, and whether that is appropriate?

Adrian Berry: It is certainly appropriate for people to receive legal advice. The key element in that regard is whether or not people have public funds in order to secure the appropriate advice, and whether there is adequate funding for that. Yes, we would support that at all stages. Of course, it does not correct any of the defects in strengthening the tests for making a reasonable grounds decision or changing a standard of proof in respect of conclusive grounds decisions. What it does do is enable people to assert their rights, so it is a basic jumping-off point.

[Holly Lynch]

Q We are still waiting to probe some of the information around these trafficking information notices, perhaps in Committee, but do you have a sense that it would be appropriate to receive legal aid and legal advice at the point at which you receive a trafficking information notice, as well?

Adrian Berry: Yes, of course. As you know, there is a whole series of notices, including in relation to trafficking, which increasingly assimilate it to the asylum process where you get punished for producing evidence or material after an arbitrary cut-off date. There is no safeguard in the Bill for when that cut-off date is—it could be too soon, before you have had an opportunity to recover, to produce the information and receive support. Legal aid is one way of enabling people to properly frame their case at the earliest possible opportunity. The use of notices throughout the Bill, whether trafficking, asylum or priority removal notices, is a subject of serious concern in terms of procedural fairness and ensuring convention compliance, whether that is the trafficking convention or the refugee convention.

[Stuart C. McDonald]

Q I will address this question to Patricia Cabral and the European Network on Statelessness. Could you just explain what the implications of this Bill are for children who face statelessness, and how this might impact on them?

Patricia Cabral: Thank you for the question. Clause 9 proposes to amend and restrict a vital safeguard in British nationality law that was initially introduced with the aim of preventing and reducing childhood statelessness. It is important to note that the UK has international obligations in this area, so the existing safeguard implements those international obligations by enabling a child who was born in the UK and has always been stateless to acquire British citizenship after five years of residing here. We are concerned that the amendment proposed by clause 9 restricts children’s ability to access that safeguard and acquire British citizenship. It is not in line with the UK’s international obligations, and it clearly risks leaving even more children in the UK stateless and in limbo throughout their childhood.

In the last year, we developed a project to understand the issue of childhood statelessness specifically in the UK, so we have gathered some evidence about the barriers these children are facing and who the stateless children in the UK are. Perhaps it would be useful for us to share some of our findings in this area. I will just note that the stateless children in the UK are mainly children who are currently affected by statelessness because their parents belong to a recognised stateless community—for example, the Kuwaiti Bidoon, Rohingya, Palestinian or Kurdish populations—but many of them are also children in care, especially where they have a migrant background. There may be issues with acquiring parental consent if it is required for the child to access nationality, because the documentation may be missing. Children in care are at particular risk of statelessness, because there is a general lack of awareness from local authorities about nationality issues. There may also be children of Roma families or children affected by domestic abuse, trafficking or other forms of exploitation. We are generally talking about children who are already vulnerable and marginalised, and who are also stateless.

We should also bear in mind that clause 9 would amend the provision that applies only to children who were born in the UK and who have lived here for at least five years. We are talking about children who were born here, who grew up here and who really feel that they belong in the UK. They do not know any other country, they feel British and they wonder where else they belong, if not in the UK. We have received some statements from children who grew up in the UK without British nationality, and it really has an impact on them. They describe feelings of alienation, a loss of self-confidence and the challenges to their identity. We have heard from a child who told us that she could not join her class on a trip to France, and she felt that the situation was really insecure and that it was not safe for her to make close friendships. We can only imagine the emotional burdens of this.

We can see how children feel the impact of being stateless, but they really do not understand why they are stateless, and they feel disempowered to change this. That is because the power to change this is really with the UK authorities—for them to grant nationality and a sense of belonging to the UK. Therefore, that starts with simply not amending the existing safeguards that are in line with international law, so clause 9 of the Bill should simply be dropped.

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[Stuart C. McDonald]

Thank you very much.

[Holly Lynch]

Q I have a question for Every Child Protected Against Trafficking. Patricia, in your written submission you were very critical of the lack of due process. Could you take me through just how dissatisfied you were with the consultation process and why?

Patricia Durr: We have talked about how children’s rights are exercised by the provisions in the Bill. A children’s rights impact statement would really have assisted consideration of some of the measures, by setting out which children’s rights are invoked and how they are impacted. It is something the Committee on the Rights of the Child has asked the UK Government to do systematically. It is safe to say that the length of the consultation period was not sufficient.

We were quite surprised that the part 4 provisions are being included in this asylum and immigration Bill, particularly given that there is currently a review of the modern slavery strategy. On the lack of consultation, certainly from our perspective, what implications might there be for child victims of trafficking? Their experience of waiting in limbo, and the lack of provision for leave to remain as recognised child victims of trafficking, rather than through asylum provisions within the immigration rules are certainly a huge concern for the young people we work with, and that would come through very strongly from them. It was that combination: why these provisions in this Bill, and the lack of engagement with children and young people—from our perspective—but also, survivors of trafficking and exploitation more broadly.

[Holly Lynch]

Q Based on what you have just said, this came as a bit of a surprise. Would it be fair to say that you think that part 4, on modern slavery, does not belong in a piece of legislation around borders? Perhaps it should be removed, the consultation process should be done properly, and then revised proposals around properly tackling modern slavery and trafficking, supporting victims and bringing perpetrators to justice, could come back in a way that we would all like to see?

Patricia Cabral: I think that would be preferable, given that we have got a review of the whole of the modern slavery strategy. What we do not want to risk is the progress that has been made, and the good provisions that have been made, through the UK’s modern slavery strategy, potentially getting rolled back. That is the big concern. What we should be doing is improving things. I would support looking at the provisions around modern slavery and trafficking as safeguarding matters, rather than immigration matters. Obviously, there are enforcement matters related, but there is confusion. I draw the Committee’s attention to the Government’s 2014 review, by Jeremy Oppenheim, which led to revisions of the national referral mechanism to separate immigration decisions from matters of modern slavery. The provisions in part 4 are rolling that back quite considerably.

[Tom Pursglove]

Q I have one further question. On Tuesday, one of the issues that the local government witnesses referred to as being particularly problematic was around age assessments. I would be interested to know whether any of the witnesses have come into contact with that challenge? They mentioned that sometimes those cases end up in quite long and protracted judicial review processes. I would be keen to hear any reflections that the witnesses have around the Bill’s approach to this.

Adrian Berry: I do not know whether the other witnesses have had experience of age assessment trials—I have. This Committee cannot scrutinise that clause in the Bill, because all you have put in it is a placeholder clause, with the detail said to be coming later on. We are not in a position to scrutinise it, and I cannot tell you what it says, because you had not finished the Bill before publishing.

Age assessment trials are trials; although they take place within a judicial review context, they are full trials with witnesses, and over time the courts have developed a system for case managing those trials. The difficulties that arise would arise in any context. In other words, it is very difficult to tell how old someone is. It is a process that requires expert evidence and the gathering of timelines and the chronologies of people’s journeys, and their explanations. That would take time in any context. Until we see the detail of what you propose, the age assessment provision simply cannot be assessed. We hope you bring forward the actual clause by Report.

Nationality and Borders Bill (Seventh sitting)

Holly Lynch Excerpts

Committee stage
Thursday 21st October 2021 Public Bill Committees

[Anne McLaughlin]

I give way to the hon. Member for Halifax.

[Holly Lynch (Halifax) (Lab)]

I remind the hon. Lady of the right hon. Gentleman’s earlier point. Unfortunately, the abhorrent models of people smuggling result in people coming to this country who are locked into debt relating to their journey. It is not as simple as saying it is means tested. There are lots of unfortunate arrangements in that model, which we all want to end, but safe and legal routes will be how we achieve that.

[Anne McLaughlin]

Exactly. I thank the hon. Member for saying that. The right hon. Member for Scarborough and Whitby argues that those who have money are not vulnerable or in danger of persecution. In the case of the 22-year-old I was talking about, I have no idea how much money the couple have. They may be wealthy beyond our wildest dreams, but that does not stop her being under threat of multiple rapes by the Taliban. The money is a bit of a red herring.

Often, a vulnerable young man will pay the people smugglers with money gathered by the wider family selling property, because they need somebody to get out and get help for the whole family. We cannot assume that they have the money in the first place, or that they are not clocking up a debt that they will have to pay back, or that the fact of having money will make any difference to their safety.

The right hon. Gentleman says that the effect of my opposition to the proposal leads to people not using safe and legal routes. He says that he is not saying that I am endorsing the people smugglers, but equally, I could say that his refusal to push his Government to set up safe and legal routes before bringing in any other legislation is a case of him endorsing people smugglers. What other option do people have? Now, I am not saying that, but I hope he takes my point.

Nationality and Borders Bill (Eighth sitting)

Holly Lynch Excerpts

Committee stage
Thursday 21st October 2021 Public Bill Committees

[Bambos Charalambous]

I welcome the Minister’s comments, but it would have been helpful if that information had been provided beforehand, because we are still in the dark about what the accommodation centres will be like.

[Holly Lynch (Halifax) (Lab)]

While acknowledging the Minister’s point, Napier and Penally barracks may not have been detention centres, but a number of freedoms and rights were impeded at those sites, and that is why we need to press this point.

[Bambos Charalambous]

My hon. Friend makes an excellent point. She is absolutely right: even if rights are only restricted, that is not acceptable.

--- Later in debate ---

[Anne McLaughlin]

I know that we have said “another letter” a number of times today, but I appreciate that offer. I understand that the Minister might not have heard of the unit because it is in Glasgow—although his predecessor might have known about it—but I would be happy for him to look at it.

Along with Alf Dubs—Lord Dubs—I co-chair the all-party parliamentary group on refugees. We recently held a meeting to look at types of accommodation centres. We had a guest, a former politician from Belarus, who told us a story about why such accommodation does not work. He had to leave Belarus for political reasons in 2017. He had no choice. He was in serious fear of his and his wife’s safety. He said, “I am very grateful for the help and support that I have had, and I appreciate Britain taking me in.” He was really appreciative and not complaining, but he said now that he is settled he wants to make this point as much as he can so that other people do not go through what he went through when he initially got here.

They arrived in London and were put in shared accommodation in a hostel called Barry House, a big house full of, as he described it, “people like ourselves” who were seeking asylum. The people who lived in the house were from different backgrounds and cultures with different ideas about lots of issues. He said the staff did their best to make it comfortable, but it was not really possible to be comfortable. During the six months he was there, every day started and ended with some sort of scandal or argument. He described it as a powder keg, and we can understand why, because many of those people had post-traumatic stress disorder, and many of them spoke different languages, so we can imagine how stressful that would be. He said, “We tried to keep ourselves to ourselves—I couldn’t always tell what the arguments were about”, but he could feel the stress coming off other people. He said it was difficult for the staff to look after so many people; one thing he mentioned was everyone’s different dietary requirements, due to a number of things, including culture. He said the staff tried their best to provide a neutral menu, which meant that nobody was happy, but of course they did not feel they could complain, because they were grateful that they were no longer in their previous situation.

We have talked about not housing people with disabilities in that kind of accommodation, as mentioned in amendment 98. This gentleman had diabetes and is also a wheelchair user, and he said his health suffered because of the diabetes and he could not get access to the type of food he needs to maintain his insulin levels. He talked about using the toilets and said there was a limited number he could use, and because there were so many people in there, sometimes he had to wait for hours to use the few toilets he was able to get access to. He said it was like daily torture just trying to use the toilet, and a shower became a luxury for him.

This gentleman needed a specialist bed because of his mobility problems, but of course he could not get one because the rooms were so tiny he could not get one in. He said to me, “I knew I couldn’t go home. It wasn’t possible to go home. I thought I was safe, but I began to have suicidal thoughts at the centre. My life was at risk in Belarus, but it felt like my life was just disappearing in the UK.”

At the time, this gentleman said the stress and pressure was just enormous and that, had it not been for the Refugee Council in England, which provided a psychologist who gave him the belief he could get through it, he would not have survived. He said, “It was really difficult. I was a politician at home. I had what was considered a high standing in society, and I came here and I felt like absolutely nobody.” He said he was not underplaying everybody else’s problems; everybody else had serious problems, and when they are housed in accommodation together, the problems multiply. As I said, he described it as a powder keg and said that everybody had had negative experiences and everybody was scared of different things. Somebody is scared of noises, somebody is scared of something they see—people are all frightened, and that is the legacy of what they have been through. If they are put all together, it is extremely difficult.

I am strongly opposed to that type of accommodation, and the sooner people can get into community dispersal, the better. I know the Minister said he would ensure that the accommodation was not detention—or he said it would not be detention—but my question is whether it will feel like it. In the so-called mother and baby unit in Glasgow, for a time they were not allowed to leave without asking permission, and when they came back they were not allowed a key to the door. They had to wait, standing outside with their babies, until somebody came to let them in, which could be quite a while.

It is well documented how bad detention is for people seeking asylum who have mental health issues, which must be most asylum seekers after what they have been through. A lot of good work has been done by Professor Cornelius Katona and the Helen Bamber Foundation on mental health and detention. I am sure the Minister will be aware of the reports they have done.

I visited Dungavel detention centre in Scotland when I was a Member of the Scottish Parliament. I went in there and I felt like a criminal. They took my fingerprints and they walked about with big bunches of keys. Obviously, I was only there for a visit and I knew I was getting out again. The problem with detention is the indefinite nature of it.

The Minister said it is not indefinite accommodation, and if they can arrange other accommodation themselves they can get out, but I want to share the story of a mother and son I visited. The son was 10 years old. They were in detention, but I cannot help wondering whether we are going to find children in these accommodation centres feeling the same. At the age of 10, he said to his mum, “Mum, let’s not do this anymore. Please can we just find a way to let us die.” That is a 10-year-old boy. He is not dead now; things changed and their lives got a whole lot better, although he is very much impacted by his experience there. I am offering anecdotal evidence not to back up my claim, but to illustrate the detailed research that demonstrates that that child is not an isolated case. I know the Minister is saying that the intention is not for children to be placed in such accommodation—and certainly not in detention—but I want a guarantee that no children will be housed in these circumstances. I am sure he will agree with me that nobody wants to put children through what that child went through.

[Holly Lynch]

It is a pleasure to follow the hon. Member for Glasgow North East. I rise to speak in support of this group of amendments to clause 11, and I agree with a great number of the points that have already been made. I join colleagues in raising grave concerns about the direction in which the provision of asylum accommodation has moved in recent months, and I fear that the measures in clause 11 will only make matters worse.

I will focus my comments on the increased use of so-called contingency accommodation—specifically, Napier and Penally barracks—to outline why the amendments are necessary if we are to avoid the failures of those centres being repeated with the proposed accommodation centres. In my former role, and along with many colleagues, I sought to raise serious concerns about the rising use of dormitory-style accommodation. The justification for their use was the pressures of the pandemic and increased numbers in the asylum system. However, clause 11 allows the Government to extend that style of institutionalised accommodation through the introduction of new accommodation centres.

Following reports of bad practice, I wrote to the Government back in December 2020 to raise concerns about the situation in initial and contingency asylum accommodation, and I called on them to commission a review of covid safety in all establishments being used for asylum accommodation. Those concerns became a reality in January this year, when there was a significant outbreak of covid in Napier barracks, with nearly 200 cases. In March, the then independent chief inspector of borders and immigration and Her Majesty’s inspectorate of prisons published their key findings from site visits to Penally camp and Napier barracks in mid-February. They confirmed that, given the cramped communal conditions and unworkable cohorting at Napier, a large-scale outbreak was virtually inevitable. Distressingly, inspectors visiting the site were informed by residents that, at the time of inspection, the barracks were at their best.

I submitted a freedom of information request to various authorities, which brought about the release of the Kent and Medway clinical commissioning group’s infection prevention report that was carried out at Napier barracks. It confirmed that the site does not facilitate effective social distancing. Every line of the report was devastating. The ICIBI and HMIP also raised serious safeguarding concerns, stating:

“There was inadequate support for people who had self-harmed. People at high risk of self-harm were located in a decrepit...‘isolation block’”

that was considered “unfit for habitation.” A survey conducted by the inspectors at Napier barracks found that one in three residents had felt suicidal during their time there.

As hon. Members have said, the report’s findings were further supported by the High Court judgment in June, which found that the Government’s decision to house asylum seekers in such a way was unlawful. It concluded that the condition of the site was inadequate and that it was irrational to house people in dormitory-style accommodation, yet the accommodation remains open and houses over 200 people at any one time. It was deeply concerning that during a recent meeting of the Home Affairs Committee, Home Office officials were unable to confirm how many covid-19 cases there had been since the accommodation reopened in April, yet we know there was another outbreak in August. The Home Office’s continued lack of oversight and engagement at ground level gives me no hope that the Government have learned from their failures, yet they wish to extend and continue that type of accommodation with accommodation centres, as outlined in clause 11.

The ICIBI report on Napier and Penally found that the Home Office did not exercise adequate oversight at either site, where staff were rarely present. It said:

“There were fundamental failures of leadership and planning by the Home Office.”

That is damning, so can the Minister say what assurances we have that things will be any different or any better in accommodation centres? The ability to deliver safe and appropriate asylum accommodation is a duty of any Government, but that just has not been the case in recent months.

The investigation highlights that the advice of Public Health England and the fire authorities was not acted on and was ignored before the sites were opened. The pressures of the pandemic would have presented challenges to any Government having to find solutions to problems at pace. However, we know that the Home Office is planning to extend the use of Napier barracks until 2026. We will be using the breadth of Parliament to challenge that, but I return to the point that the direction of travel in clause 11 is bad. Amendments 100, 104 and 130 are an attempt to ensure that rights and safety obligations are upheld.

--- Later in debate ---

[Holly Lynch]

Given the merits of these advisory committees which the Minister has set out, and given that, in relation to Napier and Penally Barracks, the Home Office ignored advice from Public Health England in a pandemic, the weight that the advisory committee would carry really does matter. He said that Napier Barracks is still contingency accommodation rather than an accommodation centre. Would he consider setting up an advisory committee for Napier Barracks?

[Tom Pursglove]

I will certainly take away the hon. Lady’s suggestion and feed that through to the Under-Secretary of State for the Home Department, my hon. Friend the Member for Torbay (Kevin Foster), who shares responsibility for immigration with me at the Home Office.

--- Later in debate ---

However, I emphasise that there are no plans to use the centres to accommodate those with children. I make that point again, because I know that it is so important and that colleagues on this Committee are very interested in and concerned about it.

[Holly Lynch]

Could the Minister update Members about how many people have been returned to safe third countries since those legal changes came into effect?

[Tom Pursglove]

I am afraid that I do not have those figures to hand, but I will take that request away—very gladly—and I will share that information with the Committee when I have it.

Clause 11 amends section 25 of the Nationality, Immigration and Asylum Act 2002, so that these periods of time may be changed, by order, to allow for longer or shorter periods. The clause will also provide the flexibility to ensure that individuals remain in accommodation centres for as long as that form of housing and the other support and arrangements on site are appropriate to their circumstances. I encourage the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East to withdraw his amendment.

Nationality and Borders Bill (Ninth sitting)

Holly Lynch Excerpts

Committee stage
Tuesday 26th October 2021 Public Bill Committees

[Neil Coyle]

I think the right hon. Gentleman makes the point that I am making, which is that we need a fast, fair and effective system up front. If we had such a system, those bogus claims would be weeded out pretty early on, and we would not have a Government desiring to implement a new set of impositions on children who have gone through trauma. The Government’s own statistics show how many cases are actually proven and upheld, so he does an injustice when he suggests that there might be some volume to the level of the claims he described.

I want to come back to the point about legal advice. It is poor legal advice, in addition to trauma, and an inability, not through any deliberate purpose but just through a lack of understanding, that lead—I am trying to find my place.

[Holly Lynch (Halifax) (Lab)]

I just want to support the incredibly powerful contribution that my hon. Friend is making, following our hon. Friend the Member for Sheffield Central. As we have heard, it is often those who have been subject to the most trauma and who are most deserving of sanctuary who will take the longest to disclose. Those are the people who will be really negatively impacted if we allow these provisions to go ahead.

[Neil Coyle]

My hon. Friend is not only right; she is also a jolly good egg for helping me out.

All too often with asylum-seeking children and young people, poor legal advice, in addition to trauma, can lead to an inadequately prepared case and the rejection of their claim—in the small number of cases that are rejected. Having a good solicitor can make all the difference in enabling young people to give instruction, and to anticipate a thorough and full asylum claim, which negates the need to present at later stages.

In the hostel I visited yesterday, I was told that there is a Home Office list of legal aid providers that can be used. It would be really helpful if the Government agreed to publish the list so that it could be expanded and improved. Other local organisations that do this—often on a pro bono basis but obviously with professionals—could provide the best advice up front, so that we do not end up with lengthy cases, with stuff added later that could have been added up front, and the individuals could then have the best support possible. I think we should be committed to having a first-class, up-front service.

I will give one example, provided by the Children’s Society, of a child who went through the process:

“My solicitor did nothing, it was horrible. They didn’t even prepare a witness statement for my interview. I had to do everything myself. I had my social worker but she didn’t know how to help me with my asylum case. The interviewer told me she had no information and that I had to tell her everything”.

Of course, we have had a decade of legal aid funding cuts, with many asylum-seeking children and young people struggling to access quality legal advice. The availability of high-quality legal advice under the legal aid contract or on a charitable basis is both patchy and frequently limited. We are very fortunate to have some excellent organisations in Southwark but I know that that is not the case across the country, where there is a dearth of legally aided advice for asylum seekers. That is the system that exists and that has been attacked for a decade because the failure to provide up-front support necessitates further stages. Clause 16 will make that worse.

Another example from the organisations that have briefed us is the fact that many asylum seekers change solicitor. That is not because they have hundreds of thousands of pounds in their pocket and are looking for a different lawyer who might get a better result but because of the process. It is because the Home Office has moved them and because they rely on free legal aid contracts. They do not have the funds to stick with one solicitor and visit them by train if they move from city to city as part of the accommodation process that the Home Office requires. The Home Office is not doing this because it is deliberately trying to upset the legal support but because it is moving people and takes too long to make decisions. If it committed to a timeframe to make decisions up front, perhaps we would be in a stronger position and would be more supportive of legislation that makes such demands, though I doubt it very much in this case.

Last week, I asked the Minister about the extension of legal aid and I did not get a particularly precise answer, if I may put it delicately. I also tabled a named-day question––I think it was 58412––to the Ministry of Justice because the equality impact assessment suggests that legal aid will be extended. I asked the Minister whether it would be and I did not get an answer last week. Nor is there a commitment to extended legal aid for these cases in the answer from the Ministry of Justice, so I am confused and surprised. There must be a cost attached to this. The Department must have some more information, which I hope the Minister can share today, on how this new extension for legal aid will be paid for, where exactly it sits and who is delivering it. Is the Home Office again going to seek to extend its empire and build new services and contracts rather than working better with the Ministry of Justice? Councils often get dumped on by the Home Office rather than being supported and worked with. They have contracts with legal aid solicitors and experts on the ground who could provide a valuable service that speeds things up and cuts costs for the Home Office, rather than having the Home Office suddenly impose a new contract. I hope that the Minister can shed some light on that.

I am concerned about the clause’s potential cost and damage to the UK’s reputation, and about the potential breach of Home Office duties. Hon. Members have already touched on this, so I shall just whizz through. The Secretary of State bears a duty

“to safeguard and promote the welfare of children”

under section 55 of the Borders, Citizenship and Immigration Act 2009. It is through section 55 that the spirit of the UK obligation to the best-interest principle set out in article 3 of the 1989 UN convention on the rights of the child in respect of asylum-seeking children has been translated into UK law.

The Home Office’s own casework guidance for assessing claims from asylum-seeking children makes it clear that decision makers are to take account of what it is reasonable to expect a child to know or relay

“in their given set of circumstances.”

That is crucial to the children we are discussing. It is inappropriate for authorities to question the credibility of a child’s claim if they omit information, bearing in mind the child’s age, maturity and other reasons that may have led to those omissions, which may be many, given the people we are talking about. The guidance sets out distinct factors that decision makers are to take into account, including age, maturity, the time of the event, the time of the interview, mental or emotional trauma experienced by the child, educational level––bearing in mind that many children will have had a fractured education––fear or mistrust of authorities given the experience many of them will have come through, and feelings of shame and painful memories, particularly those of a sexual nature.

Once again, we look set to have a Government, who have already been found to be acting unlawfully, failing to take into account the best interests of children. We have had that in the High Court. The Government want to spend hundreds more millions of pounds going through legal cases. Let us not do that. Let us get the system right and ensure that first-class legal aid and support are there for children at the soonest point rather than requiring them to fail because they do not understand the system and because no legal aid is there, and then punishing them for their failure, which is actually a state failure.

I have one more example from the Children’s Society—again, from a child:

“My first court hearing was horrible, my solicitor advised me to not answer every time anyone asks you any questions. However, when I got the refusal letter from the judge, it said it was because I hadn’t answered any of the questions. As soon as I changed solicitor, my solicitor told me to appeal, prepared an expert report and told me to speak in court this time round and finally my case was accepted.”

Nationality and Borders Bill (Tenth sitting)

Holly Lynch Excerpts

Committee stage
Tuesday 26th October 2021 Public Bill Committees

[Tom Pursglove]

The hon. Gentleman is a crafty parliamentarian who will, I have no doubt, try to elicit that information from me, but I am afraid that he will be unsuccessful in that endeavour, however hard he tries. The bottom line is that I am not going to get into a running commentary in this Committee about discussions that may or may not be taking place with countries around the world in relation to this policy.

[Holly Lynch (Halifax) (Lab)]

Will the Minister give way?

[Tom Pursglove]

I will give way, but the hon. Lady will get the same response if she is trying to extract the same information from me.

[Holly Lynch]

I am grateful to the Minister for giving way. He might remember that I asked previously whether he had any examples of returns to third countries. He responded in writing with an update this morning. He updates Committee members that

“4,561 ‘notices of intent’ were served to individuals, informing them that inadmissibility action was being considered in their cases.”

So we are not discussing hypotheticals here. The wheels are in motion for individuals. Can he understand that we have got to do our due diligence in pushing for the details, because the consequences for these people who have had notices of intent are very real? That is why we need to put those questions to him.

[Tom Pursglove]

I would make a few points in response. Obviously, removals and deportations generally have been much more difficult to organise during the last 18 months, as a direct consequence of covid-19. That is not unsurprising, and of course it is reflected in the fact that we have seen fewer removals and deportations than we would have expected. It is not the Government’s intention to apply retrospectively the inadmissability measures we are talking about. That is an important point in providing clarity for the Committee.

We are committed to upholding our international obligations including under the 1951 refugee convention, and that will not change. While people are endangering lives making perilous journeys, we must fix the system to prevent abuse of that system and the criminality associated with it. Our aim is that the suite of measures in the Bill, including those in clause 26 and schedule 3, will disincentivise people from making dangerous journeys across Europe to the UK, and encourage people to claim asylum in the first safe country they reach.

Nationality and Borders Bill (Twelfth sitting)

Holly Lynch Excerpts

Committee stage
Thursday 28th October 2021 Public Bill Committees

[Stuart C. McDonald]

I am grateful to the Minister for his response, which I will go away and consider. In the meantime, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Holly Lynch (Halifax) (Lab)]

I beg to move amendment 184, in clause 46, page 42, line 3, at end insert—

“(3A) Any slavery or trafficking information notice must be accompanied by information regarding the Secretary of State’s obligations to identify and support potential victims of modern slavery and trafficking.”

This amendment would ensure that potential victims are given information regarding their rights at the same time the notice is served.

It is a pleasure to serve with you in the Chair, Ms McDonagh. I commend the Minister on having run the London marathon for Justice and Care, which does invaluable work.

We are supportive of the previous Scottish National party amendments to clause 46, which were outlined by the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East. If we achieve nothing else this afternoon, I did promise the SNP spokesperson that I would work on being able to pronounce his constituency in time for our debates on the Bill, having managed to avoid doing so entirely during the passage of last year’s Immigration Act. I hope he will recognise those efforts.

With your permission, Chair, I will come back to clause 46 more broadly during the stand part debate. Our amendment follows a damning letter sent by 60 charities from across the human trafficking and modern slavery sector. They seeks to mitigate the effects of a Bill that they claim

“will have a disastrous impact on the UK’s response to modern slavery.”

In the light of the series of recommendations in that letter, amendment 184 would require any slavery or trafficking information notice to be

“accompanied by information regarding the Secretary of State’s obligations to identify and support potential victims of modern slavery and trafficking.”

We have serious concerns about both clauses 46 and 47, but these trafficking information notices are a new initiative, and should be accompanied by a full explanation of why the questions are being asked and what rights and support a potential victim of trafficking should be entitled to. The Government have placed significant emphasis on the need to reduce the time taken for victims to be identified, and on ensuring they receive the correct support package at the earliest opportunity. We strongly share that objective, so the requirement for information to be provided at the same time as the notice is served seeks to address any uncertainty and anxieties a potential victim may have.

Furthermore, it is critical that a trafficking notice is served with an assessment and awareness of risks and victims’ needs, as they can be incredibly wide-ranging, and that assessment and awareness can be essential for safeguarding purposes. Some victims will not have English as their first language, and some may have limited literacy skills. They will need access to the correct translator and there should be recognition of any special educational needs. That reinforces the need for each case to be evaluated sensitively.

We seek to ensure that the basic entitlement to information is met. It is important to recognise that in cases of modern slavery, many first responders and expert witnesses have found that victims interviewed often have so little knowledge of the national referral mechanism that they do not know if they are, or have been, in the NRM. Victims being unable to self-identify and limited awareness of how to navigate the NRM are consistent issues, and we will return to them under other clauses in part 4. Amendment 184 seeks to mitigate potential restrictions to the NRM, and is a sensible suggestion, and I hope that the Minister sees its merit.

[Tom Pursglove]

I thank the hon. Members for Enfield, Southgate, and for Halifax, for tabling the amendment, and the hon. Member for Halifax for setting out the case for it. Clause 46 forms part of our expansion of the one-stop process to include modern slavery through the establishment of a new slavery and trafficking information notice.

Amendment 184 is not required, as the Government are providing mechanisms in the Bill to ensure that potential victims are fully aware of their rights and the Secretary of State’s obligations to them, including the right to free legal aid where appropriate. Information on the Secretary of State’s obligations to victims will be provided to individuals when a slavery or trafficking information notice is issued. These measures will ensure that potential victims better understand the national referral mechanism and their support entitlements.

In combination with clause 46, clauses 54 and 55 seek to ensure that individuals are provided with advice on the national referral mechanism when they receive advice on asylum and immigration matters. That will enable more victims of modern slavery to be referred, identified and properly supported.

Primary legislation on the process of providing information to possible victims is not required, and while I appreciate the sentiment behind the amendment, it would duplicate what happens through clauses 46, 54 and 55. In the light of that explanation, I hope that the hon. Member for Halifax is content to withdraw the amendment. We have had a pretty good debate on clause 46, so I hope that it can stand part of the Bill.

[Holly Lynch]

I am somewhat reassured by the Minister’s remarks. I hope that he will inform Committee members when the draft notices have been finalised; we will continue to keep a close eye on that matter. We will not push the amendment to a vote, but given what the Minister said about the clause, I might move on now to my speech on clause stand part.

[The Chair]

We will have a clause stand part debate.

[Holly Lynch]

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Question proposed, That the clause stand part of the Bill.

[Holly Lynch]

I have some broader remarks on the clause, which we do not intend to support. I thank colleagues right across the human trafficking and modern slavery sector for their professional expertise, and their assistance with our scrutiny of the proposals before us.

As was said in the evidence sessions, and by the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East, part 4 came as a surprise to many; they had not anticipated its proposals, which were wrapped up in an otherwise very heavily trailed piece of immigration legislation. There are no two ways about it: part 4 is a backward step after the hard-won progress of the Modern Slavery Act 2015. Every Child Protected Against Trafficking was scathing about it in its briefing; it said there had been a complete lack of due process when it came to these elements of this primary legislation, and that for that reason, parliamentary scrutiny of them would be even more urgent and important. The Children’s Society has been explicit in saying that part 4 of the Bill should be removed entirely. It has described the Bill as

“an affront to the Government’s own recognition that identifying victims of modern slavery or human trafficking is a safeguarding, not immigration matter. Consequently, not only will this Bill have unjust and dire impacts on children and young people who have fled to this country seeking safety and protection, it will particularly harm children if they are then also trafficked or exploited.”

That is a stark warning to us all.

--- Later in debate ---

[Tom Pursglove]

I disagree with the hon. Gentleman’s broader interpretation of the situation. We want to identify and help genuine victims as quickly as possible. I would expect cases to be looked at appropriately and individually to ensure that is exactly what happens. There was also a question of whether victims will receive a slavery and trafficking information notice before getting a reasonable grounds decision? Yes, we want to identify victims as soon as possible.

[Holly Lynch]

Will the Minister take an intervention?

[Tom Pursglove]

I will, although I think I had finished my sentence.

[Holly Lynch]

The Minister had, and I am eternally grateful to him for giving way.

It does worry me somewhat that, as I understand it, those decision makers at the Home Office would ordinarily make reasonable grounds decisions very quickly in order to facilitate a swift entry into the NRM. If that will no longer be the case and we will be issuing notices, bearing in mind what we have discussed about trauma and victims taking time to disclose it, that could introduce significant delays for a victim entering the NRM. That really worries me. Could the Minister say any more to assure us that we will not be preventing victims from accessing the support they need by introducing that additional process?

[Tom Pursglove]

I would expect cases to be looked at on an appropriate case-by-case basis that properly takes into account all of the relevant circumstances. It might be advantageous if, in my note to the Committee, I include some commentary on how we expect the process to work, to set that out for Members in more detail and make sure there is no confusion.

Question put, That the clause stand part of the Bill.

--- Later in debate ---

Late compliance with slavery or trafficking information notice: damage to credibility

[Holly Lynch]

I beg to move amendment 190, in clause 47, page 42, line 19, at end insert—

“(aa) the person was 18 or over at the time of the incident or incidents in respect of which the slavery or trafficking information notice was issued;”.

This amendment seeks to ensure those exploited as children are not penalised for late disclosures.

The amendment seeks to ensure that those who were exploited as children are not penalised for late disclosure, because of their age-related vulnerability and safeguarding concerns. Statutory guidance under the Modern Slavery Act 2015 very clearly states:

“Whatever form it takes, modern slavery and child trafficking is child abuse and relevant child protection procedures…must be followed if modern slavery or trafficking is suspected.”

There is a remarkable lack of distinction between children and adults in the proposals set out in the Bill. That issue was picked up by the Independent Anti-Slavery Commissioner, who commented in her letter to the Home Secretary in September on the lack of detail on provisions for children.

This is the first in a series of amendments to clauses in part 4 of the Bill that seek to ensure that the worst elements of part 4 do not apply to children. As we know, the Children’s Society has been deeply critical of the Bill and of clause 47 in particular, arguing that the clause will disproportionately and unjustly affect children and young people, who we know are often unable to disclose evidence

“because of the trauma of their experiences, or due to inadequate legal representation.”

Putting the responsibility of disclosure on to a child victim of slavery or trafficking in order to comply with a pre-determined Home Office timeframe, so that they can access the support they need to escape slavery or trafficking, is a perverse barrier. Surely that is not what the Minister intends to achieve. If it is not, I urge him to adopt amendment 190 to make that clear.

In its written evidence, Every Child Protected Against Trafficking points to a 10% increase in the number of children identified as potential victims of trafficking from 2019 to 2020. There were 4,946 referrals last year. That is why we must recognise children within the NRM as requiring a different approach from that required by adults. I return to the point that child protection procedures must be followed as outlined in the modern slavery guidance. Nowhere does that feature in this part of the Bill.

ECPAT makes the point that child trafficking is a form of child abuse and that identifying child victims of trafficking is a safeguarding matter, not an immigration one—not least because so many children in the NRM are British citizens. However, we have a responsibility to any child victim of trafficking to protect them from exploitation, first and foremost. To put the burden of proof on to a traumatised child with trafficking information notices is not right; nor, I suspect, would it comply with various other safeguarding obligations.

--- Later in debate ---

[Tom Pursglove]

I thank the hon. Members for Halifax and for Enfield, Southgate for setting out their case, and for tabling this amendment. I appreciate their consideration of this clause and their concern for a vulnerable group of individuals. Ensuring that clause 47 enables decision makers to take account of individuals’ vulnerabilities is fundamental to our approach. That is why we have included the condition of good reasons, and we will ensure decision makers have the flexibility and discretion to appropriately consider them without prejudicing what that should cover.

What constitutes “good reasons” has purposely not been defined in the Bill. The detail on how to apply good reasons will be set out in guidance for decision makers. This will give decision makers the tools, for instance, to recognise that the age at which traumatic events took place may affect an individual’s ability to accurately recall, share or recognise such events, while maintaining a case-by-case approach. Doing so in guidance will ensure that we also have the flexibility to update and add to the range of considerations undertaken by a decision maker in exercising discretion. To create a carve-out for one group of individuals, as amendment 190 seeks to do, would undermine this approach and create a two-tiered system based on the age at which exploitation may have taken place.

I am sure that this is not the intention of the hon. Member for Halifax, but this amendment could also incentivise individuals to put forward falsified referrals regarding the timing of exploitation to delay removal action. Our approach avoids this potential avenue for misuse, but still allows for important considerations regarding the age of the victim to be looked at. Indeed, reasonable grounds decision making already takes account of the specific vulnerabilities of children by, for instance, not requiring there to be any means of exploitation when establishing whether an individual is a victim.

We believe that the right approach is to provide more detail in guidance on the varied and complicated reasons that may constitute good reasons. These will include the age when the exploitation took place, but a wider range of potential reasons and indicators will also be considered to avoid focusing specifically on one victim cohort. This approach will allow decision makers to consider each case on its merits, whilst considering all the information relevant to their case without prejudging it. To do otherwise would not be appropriate or fair to all victims. Again, I hope that the sector will work with Government to shape those guidelines and ensure that they are right. For these reasons, I respectfully invite the hon. Member to withdraw her amendment.

[Holly Lynch]

I am concerned by some of the Minister’s response. He says that children, and the age of the victim, will be a consideration within good reasons. However, once again we have not got that guidance; it has not been nailed down, so we have no assurances of how the detail will look. He also says that it would not be appropriate to have a different approach for victims based on their age. However, I think that would be entirely responsible and appropriate, and we look to do so throughout a whole range of legislation and legislative approaches. I think it would be a responsible requirement to place on the Government. With that in mind, I will press amendment 190 to a vote.

Question put, That the amendment be made.

--- Later in debate ---

Amendment 163 adds a list of good reasons for late disclosure. What I think is a good reason will be very different from what someone else thinks is a good reason, so let us have clarity, as opposed to having the ambiguous “good reasons”, which will have to be defined in future anyway through the courts.

[Holly Lynch]

We very much support the SNP’s amendment 175, which, as we heard, seeks to strike “as damaging” from the clause and hand that discretion back to the Home Office decision maker, as the Minister has already gone to some lengths to assure Members will be the case.

I will also speak to our amendment 163. We seek to mitigate the Government’s refusal to spell out what, if anything, would constitute a good reason for late disclosure. In Committee on Tuesday, the SNP spokesperson, the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East, argued for a similar approach during our debates on part 2. The Minister responded that

“the situation will be set out clearly in guidance. We think that is the better approach, because it allows greater flexibility on the sorts of factors that might be relevant to the disclosure of late information, and obviously on matters that are relevant to individuals circumstances.”––[Official Report, Nationality and Borders Public Bill Committee, 26 October 2021; c. 333.]

I understand the points that the Minister made, but he will appreciate that for the Opposition, it is feels although he is somewhat putting the cart before the horse. We are being asked to consider the clauses in blind faith without the guidance, and one way he could address that is by including something in the Bill. As the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East said earlier, we can debate only what is in front of us.

I expect one thing we can agree on is that no list can ever be exhaustive. I suspect that, as we have heard, the most convincing reasons for late disclosure are ones that we cannot comprehend. It would be nonsense to think that any list would be exhaustive, but without having in front of us any indication of what good reasons might be, we are being asked to take a leap of faith too far. The reasons in amendment 163 include, but are not limited to, a person’s fear of reprisals against them, experiencing pressures related to bonded debt, and being unable to recognise themselves as a victim.

In discussing part 2, again, the Minister went on to say that

“the Home Office will have discretion over who is served an evidence notice and the extent to which credibility is damaged by late evidence”,

and that

“claimants who raise matters late will have the opportunity to provide reasons for that lateness—and where those reasons are good, credibility will not be damaged. Decision makers will have the discretion to determine the extent to which credibility should be damaged, and that determination need not by itself be determinative of a claim”––[Official Report, Nationality and Borders Public Bill Committee, Tuesday 26 October 2021; c. 333.]

I felt that the Minister was very much talking up the discretion that the competent authority decision makers would have, in order to offer us assurances, but that is not reflected in the primary legislation in clause 47. I would be grateful if he could confirm that “good reasons” will be set out within the guidance for NRM decision making, as was the commitment for asylum decision making in part 2.

I would be grateful if the Minister also confirmed when that guidance will be published, and when the training, which he described as being necessary in accompanying the guidance, will begin. I hope he will recognise that amendment 163 is measured and sensible and that he will agree to adopt it.

[Tom Pursglove]

I thank hon. Members for their genuine interest in these matters and for bringing forward their amendments. By introducing a statutory requirement to provide information before a specified date, victims of modern slavery will be identified at the earliest opportunity, ensuring that those who need protection are afforded it quickly. This measure is supported by the provision of legal aid to ensure that possible victims feel able to share information in a safe and supported manner.

It is important to state that the requirement to bring forward information related to being a victim of modern slavery does not mean that referrals brought late will not be considered; all claims of modern slavery will be considered, irrespective of when they are raised. We have purposefully not defined “good reasons” in the Bill, and the detail on how to apply “good reasons” will be set out in guidance for decision makers. That is the appropriate place, giving the Government the flexibility to respond to our ever-increasing understanding of modern slavery victims.

We will of course work carefully with stakeholders as we operationalise guidance to ensure that decision makers have the tools to recognise the effect that traumatic events can have on people’s ability to accurately recall, share, or recognise such events in some instances, while not seeking to prejudge their decision making by placing this detail in legislation. However, as has been recognised, we cannot legislate for every instance where someone may have “good reasons” for providing late information. To attempt to do so would be impractical. It would also limit the discretion and flexibility of decision makers, who are best placed to consider all factors on a case-by-case basis.

Amendment 163 would have the perverse impact of individuals facing different requirements simply because their situation is excluded from the amendment. It also ignores the possibility that a person may identify as one of the listed categories, but their information may be late for unrelated reasons. It would therefore create a blanket acceptance for late information in specific prescribed circumstances, while a vulnerable individual who did not fall within the specified categories would face a different test on whether they had good reason for providing late information. That would be unfair.

As I have set out, it is important that we are clear on the consequence of late disclosure of information in order to provide clarity for decision makers and victims, and to deter possible misuse of the system. Removing the reference to impacting credibility, as amendment 175 seeks to do, would remove our ability to require the provision of information up front. A duty to provide information requires a consequence and I think we are all agreed that seeking information on modern slavery issues up front is of benefit to all. The clause already includes mitigations to the possible consequence of damaged credibility, providing clear safeguards while still addressing the issue of potential misuse. The solution is not to stifle the clause of any robustness.

As I stated, more detail on good reasons and the credibility considerations will be set out in guidance. We will work to ensure that this takes account of vulnerabilities related to an individual’s exploitation. However, as I have outlined, we believe that removing the consideration of credibility as damaging would impede the ability to reduce potential misuse and reduce the impetus to identify victims as early as possible. As a result, that would perpetuate the issues that these clauses are designed to address, to the detriment of victims.

--- Later in debate ---

[The Chair]

Amendment 163 has already been debated. Do the Opposition wish to move it formally?

[Holly Lynch]

The Minister has heard my comments, and we anticipated his response. We will follow the issue closely, but at this stage we will not press it to a Division.

[The Chair]

We now come to amendment 181, which stands in the name of Dame Diana Johnson.

--- Later in debate ---

[Tom Pursglove]

I recognise the invitation to write with more detail around this and I am happy to do that. That would be advantageous to the Committee. Given that time is getting on and we want to continue to make progress, I am very happy to take that request back to the Department. I will provide that information.

The Government will ensure that any changes to processes as a result of these measures are designed in a way that accounts for the impact of trauma. This includes ensuring that individuals working in the system are aware of the factors that can affect the task of obtaining information such as the effects traumatic events can have on people’s ability to accurately recall such events. This assessment will be set out in guidance for decision makers and we will engage stakeholders as we develop it. We will continue to consider all referrals on a case-by-case basis to ensure that support is tailored to the needs of genuine victims.

[Holly Lynch]

We intend to vote against clause 47. It is closely linked to clause 46 and I will try to avoid repetition as we are returning to elements that have been well discussed under part 2 on Tuesday.

The number of survivors able to receive support through the national referral mechanism will be reduced as a result of clause 47.

As the Human Trafficking Foundation outlined in written evidence:

“Introducing a trafficking information notice and so converging immigration with human trafficking risks creating another layer of bureaucracy and so would likely increase the length of time survivors must wait in the NRM.”

If we are to ensure that victims with complex psychological and physical needs are not punished by the system or left in limbo while their claims are processed, the clause cannot stand part of the Bill.

As other hon. Members have said, the Home Office’s own statutory guidance states:

“Victims’ early accounts may be affected by the impact of trauma. This can result in delayed disclosure, difficulty recalling facts, or symptoms of post-traumatic stress disorder… It is also vital for decision makers to have an understanding of the mitigating reasons why a potential victim of modern slavery is incoherent, inconsistent or delays giving details of material facts… Throughout this process it is important to remember that victims of modern slavery have been through trauma”.

The clause runs completely contrary to that guidance.

The VITA Network explained in its consultation response to the new plan for immigration that:

“Psychological trauma causes profound disturbances to normal brain function and memory, including memory loss and inconsistencies”

in recollection. We know that a high proportion of trafficked people experience violence prior to and during trafficking. Long after they have escaped exploitation, many still fear that harm will come to them and their families if they disclose information about their experiences. It is often those who are most in need of protection who will find it the hardest to disclose such information.

In 2015, the PROTECT programme was established. It was an independent piece of research, commissioned and funded by the Department of Health and Social Care’s policy research programme, and led by King’s College London and the London School of Hygiene and Tropical Medicine. The programme aimed to develop evidence to inform the NHS response to human trafficking, and it was comprised of surveys and qualitative research, including interviews with trafficked people and with NHS and non-NHS professionals. It found that psychological distress was highly prevalent: four fifths of women in contact with shelter services screened positive for anxiety, depression or post-traumatic stress disorder at interview.

My hon. Friend the shadow Minister told the harrowing story of Gloria in his contribution on Tuesday, and demonstrated why the clause will be damaging to those who have been subject to trauma. The clause flies in the face of best practice and runs contrary to all we heard from witnesses in oral evidence. Earlier this week, my hon. Friend the Member for Bermondsey and Old Southwark made excellent points about how PTSD is just one reason why the approach in the clause will be unworkable and unconscionable for those who really need our help. We do not seek to punish or discredit other victims for late disclosure, so why are the Government seeking to do so in this case? The clause highlights the inconsistencies and the unjust nature of the Government’s approach.

It is also deeply worrying that the Government have offered no clarity in subsection (2) on the timescales within which individuals would have to provide that information. Will it be days, weeks, months? I would be grateful if the Minister gave us an indication of his thinking on that. As things stand, the clause will put barriers between victims and the support that they need to recover and secure prosecutions against the real criminals, who we all want to see brough to justice. On that basis, we cannot support clause 47.

Question put, That the clause stand part of the Bill.

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Identification of potential victims of slavery or human trafficking

[Holly Lynch]

I beg to move amendment 183, in clause 48, page 42, leave out line 38.

This amendment would ensure that the threshold applied (in the Modern Slavery Act 2015) when determining whether a person should be considered a potential victim of trafficking remains at its present level.

The amendment would leave out line 38 in clause 48, which moves the threshold from someone “may be” a potential victim of trafficking to someone “is” a potential victim of trafficking, to ensure that the threshold applied in the Modern Slavery Act 2015 when determining whether a person should be considered a potential victim of trafficking remains at its present level. It is our view that we should seek to build on the commitments in the Act, not undermine the hard-fought progress that it achieved. As I have raised already, the Government are seeking to tear up what were at one time world-leading principles in the Act, and to do so via an immigration Bill, conflating two very different processes.

The reception that clause 48 has had from across the sector should have stopped the Government in their tracks. The amendment is essential to ensure that we can identify victims effectively, rather than creating additional barriers to the national referral mechanism. Currently, around nine in 10 of all reasonable and conclusive grounds decisions are positive. In 2020, the Single Competent Authority made 10,608 reasonable grounds decisions and 3,454 conclusive grounds decisions. Of those, 92% of reasonable grounds decisions and 89% of conclusive grounds decisions were positive. Additionally, in 2020, 81% of all challenged negative reasonable grounds decisions were overturned.

Judging by the Home Office’s own data, we can conclude that the current threshold is set at an appropriate level, so why are the Government seeking to raise it? Referral into the NRM is possible only when made by a designated first responder who has identified someone as a potential victim of trafficking and secured their informed consent to make a referral. That means that there should already be a very high level of positive reasonable grounds decisions at the threshold of “suspect but cannot prove”, as the referral should not have been made if that threshold had not been reached.

It is important to remember that currently we are identifying only a small fraction of the estimated number of victims of trafficking. The Centre for Social Justice has estimated that the number of people trapped in modern slavery in the UK might be in excess of 100,000. Furthermore, there is still no pre-NRM specialist support available in the UK, despite the Government recognising the need for it to facilitate disclosure through having time in a safe space to receive information and advice in their 2017 announcement of places of safety. I would be grateful if the Minister told us why there is no mention of places of safety in the Bill—a point that the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East made earlier.

With the Government failing to deliver on their own promises, initial identification is therefore an even bigger priority. Every Child Protected Against Trafficking made the valid point that for someone to just fall short of the new threshold will make certain victims vulnerable to being re-trafficked. Would we not all be more satisfied knowing that professionals have had a proper look at a situation that gives first responders cause for concern by staying with a “may be” rather than an “is” threshold, when the data speaks for itself on that? The amendment is therefore essential in maintaining the threshold at a level where victims who have built up the courage to seek help are identified and admitted to the NRM.

[Tom Pursglove]

I thank hon. Members for their interest and valuable contributions to the debate. They have raised important issues around identifying victims who have faced the most heinous crimes. Under the Council of Europe convention on action against trafficking in human beings—ECAT—to which the UK is a signatory, certain obligations flow if there are

“reasonable grounds to believe that a person has been a victim of trafficking”.

The amendment seeks to leave the reasonable grounds threshold as it stands, which is where there are reasonable grounds to believe that a person may be a victim of trafficking.

It is crucial that decision makers are able to quickly and appropriately identify possible victims. That is why we have proposed this minor change to the reasonable grounds threshold to closer align with our international obligations under ECAT and with the devolved Administrations. To not make that change would undermine the clarity on decision making. Additionally, as the amendment relates specifically to the provision of assistance and support to persons, it would create a different threshold from that applied when determining whether a person is a victim of slavery or human trafficking. That would create significant ambiguity around the reasonable grounds threshold and create further separation from our international obligations. For those reasons, I respectfully ask the hon. Member for Halifax to withdraw her amendment.

[Holly Lynch]

I am not entirely satisfied with that response, so I will press the amendment to a vote.

Question put, That the amendment be made.

Nationality and Borders Bill (Thirteenth sitting)

Holly Lynch Excerpts

Committee stage
Tuesday 2nd November 2021 Public Bill Committees

[The Chair]

Good morning, ladies and gentlemen. Electronic devices switched off, please, and masks on, if possible, as a courtesy to colleagues. No food and drink in the room, and all that sort of stuff. You will have noticed that there is a change of Minister this morning. [Hon. Members: “Hear, hear!”] Welcome, Mr Whittaker. We crack on.

[Holly Lynch (Halifax) (Lab)]

I beg to move amendment 185, in clause 48, page 43, line 3, leave out from “determination” to end of subsection (4) and insert

“determinations mentioned in paragraphs (c) and (d) are to be reviewed by the Multi-Agency Assurance Panels, who will have the power to overturn the determinations made by the competent authority.”

This amendment seeks to introduce Multi-Agency Assurance Panels at the reasonable grounds stage and will enable them to overturn decisions made by a competent authority.

It is a pleasure to serve under your chairmanship once again, Sir Roger. I both congratulate and commiserate with my neighbour, the hon. Member for Calder Valley, on his rapid promotion this morning to take forward an incredibly important piece of legislation. I wish him all the very best with the rest of the week.

Amendment 185 seeks to build upon the Modern Slavery Act 2015 and introduce multi-agency assurance panels at the reasonable grounds stage, as well as enabling them to overturn decisions made by a competent authority. That would ensure that multi-agency scrutiny is applied at the first stage, offering an important safeguard. Multi-agency assurance panels were part of a range of reforms to the national referral mechanism that were announced in 2017, following the NRM review commissioned by the Home Secretary in 2014. A recent review provided key recommendations, such as establishing new multidisciplinary panels headed by an independent chair, with a view to replacing the decision-making roles of UK Visas and Immigration and the UK Human Trafficking Centre with a single competent authority.

At present, there is multi-agency scrutiny only of negative conclusive grounds decisions, which, even then, is limited, with panels having the power only to ask the single competent authority to review a decision, as opposed to overturning it. A recent review of the national referral mechanism multi-agency assurance panels conducted by the Anti-Trafficking Monitoring Group found that

“at present, MAAPs do not adequately assure NRM decision-making”,

the reasons for which include that there is

“no multi-agency involvement in the reasonable grounds stage of the NRM, undermining confidence that there are any checks on bad decision-making at this first stage”.

The report also pointed to

“MAAPs lack of decision-making powers”

and times at which

“the evidence reaching the panels is minimal and of poor quality”.

The amendment applies those recommendations and highlights that, as the reasonable grounds stage is effectively the gateway to all anti-trafficking support, an extra level of safeguarding should be available to ensure good decision making. Both the amendments tabled to clause 48 are necessary to ensure that we are not turning our back on victims and restricting opportunities for individuals to refer into the NRM and receive the support they need. The measures have been widely endorsed across the sector and seek to introduce examples of best practice. I therefore strongly hope that the Minister will join us in endorsing these changes.

[The Lord Commissioner of Her Majesty’s Treasury (Craig Whittaker)]

It is a pleasure to serve under you, Sir Roger, but not particularly in this role. However, as always, it is a pleasure to be sitting on a Committee that you are chairing.

I thank the hon. Member for Halifax for her valuable contribution on this point. Decision making is of course central to our ability to support possible and confirmed victims of modern slavery. That is why, throughout the Bill, as she will know, we have discussed ways for that to be done as quickly and fairly as possible. It is in that vein that we have sought to clarify the reasonable grounds and conclusive grounds thresholds in primary legislation, to support that effective decision making. It is also why we are committed to reviewing the guidance that under- pins the reasonable grounds test to ensure that it best supports that.

Central to that work is the premise that the reasonable grounds decision should be made quickly. Currently, where possible, that is within five working days of referral to the national referral mechanism. That timeline enables us to quickly identify possible victims and ensure that they receive the appropriate support that they need. All decision makers receive robust training to support that process, and any negative reasonable grounds decisions will be reviewed by a second caseworker or a manager/technical specialist to ensure that all decisions taken are in line with the policy. An individual, or someone acting on their behalf, may also request reconsideration of a negative reasonable grounds decision by the competent authority where there are specific concerns that a decision made is not in line with the policy, or if additional evidence becomes available that would be material to the outcome of a case.

At the conclusive grounds stage, we already have a process whereby negative decisions are considered by those multi-agency assurance panels. That process is set out in the modern slavery statutory guidance for England and Wales, under section 49 of the Modern Slavery Act 2015, and non-statutory guidance for Scotland and Northern Ireland. We believe that that is the right place for the process, enabling us to adapt it in future to changing needs. To put in place the duty for multi-agency assurance panels to review all reasonable and conclusive grounds decisions would cut across that approach. It is not appropriate for that to be set out in primary legislation, as amendment 185 seeks to do, as that would remove the ability to change such a process to appropriate bodies and needs in the future.

Moreover, the amendment would add a new power whereby multi-agency assurance panels can overturn competent authority decisions, rather than the current approach of asking the competent authority to review a decision in specific circumstances. It is right that only designated competent authorities have a decision-making role. The current approach supports a culture of continuous improvement.

As I have set out, we do not believe that primary legislation is needed here. The current multi-agency assurance panels have been subject to an evaluation, and we will consider the conclusions and lessons learned in due course. If in the future we wished to consider multi-agency assurance panels at the reasonable grounds stage, or to change their remit, it would follow that that, too, would be a question for guidance.

Although I presume not intentionally, the amendment would also remove the provision that clarifies that the conclusive grounds threshold test is based on whether, on the balance of probabilities, an individual is a victim of modern slavery. That is the current test that is applied, in line with our obligations under the Council of Europe convention on action against trafficking in human beings.

--- Later in debate ---

[Craig Whittaker]

I thank the hon. Member for that question. Unfortunately, I do not have those statistics for him, but I will ensure that he gets them by the end of today. I will ask officials to bring forward those numbers.

It is essential that the provision that clarifies that the conclusive grounds threshold test is based on whether, on the balance of probabilities, an individual is a victim of modern slavery remains in the Bill to provide legislative clarity to that threshold. For the reasons that I have outlined, I respectfully ask the hon. Member for Halifax to withdraw the amendment.

[Holly Lynch]

I have heard some of the Minister’s attempts at reassurance. I have real concerns about some of the changes to the reasonable grounds decision. We heard in earlier discussions on the Bill about the introduction of trafficking information notices, which I am concerned will affect the need to take the reasonable grounds decision quickly. The amendment could have been a step towards improved confidence in, and scrutiny of, those early decisions, so I continue to implore the Government to consider introducing those panels in the guidance. It may not need to be in primary legislation, but I hope that the Minister has heard the case for that approach. On that basis, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

I beg to move amendment 176, in clause 48, page 43, line 17, leave out subsection (7).

Under this amendment and the corresponding amendment to clause 57, the Secretary of State would no longer be able to change the definition of slavery and human trafficking by regulations. Instead, any changes to the definition of slavery would require primary legislation.

--- Later in debate ---

Identified potential victims of slavery or human trafficking: recovery period

[Holly Lynch]

I beg to move amendment 1, in clause 49, page 43, line 33, leave out “30” and insert “45”.

This amendment would increase the recovery period for victims of slavery or human trafficking from a minimum of 30 days to a minimum of 45 days.

This amendment would ensure that victims of modern slavery continue to receive a recovery period of at least 45 days, bringing this provision in line with current statutory guidance. We strongly welcome the inclusion in domestic law of a recovery period with support for victims, and we support this decision. However, the reduction of the minimum recovery period during which victims in England and Wales receive support from the current 45 days to 30 days is a worry.

The Independent Anti-Slavery Commissioner said in her written correspondence with the Home Secretary that the average length of time it takes for a conclusive grounds decision to be made in 2020 was 465 days. It is therefore difficult to understand why the Government are seeking to reduce the timescale from a target they are already significantly failing to meet. Their focus should be on increasing the efficiency of decision making, rather than reducing the already short recovery time to which victims are entitled.

In its written evidence to the Committee, Hope for Justice highlights that the explanatory report on the European convention on action against trafficking in human beings clearly states that the purpose of the recovery and reflection period is to allow victims to recover and escape the influence of traffickers. A reduction of this period therefore represents a step backwards in our ability to offer effective protection to victims of trafficking.

The assistance and support that should be provided during this recovery period is essential and wide-ranging, and it may include mental health support and counselling, legal advice, secure housing and access to social services. It also allows the police time to gather evidence during their investigation and to establish a working relationship with victims, strengthening their ability to secure a prosecution. It is estimated that there are between 6,000 and 8,000 modern slavery offenders in the UK, yet there were only 91 prosecutions and 13 convictions in England and Wales last year for specific modern slavery offences as a principal offence, and only 267 prosecutions for all related crimes.

Both sides of the Committee can agree on our desire to see more perpetrators of human trafficking and slavery brought to justice. This clause is a disappointing backward step away from the appropriate period necessary to break the bonds of slavery and to allow victims to establish a relationship with the relevant agencies in order to support their recovery and secure a prosecution.

Justice and Care has highlighted that many victims already decline to enter the national referral mechanism. As we have heard, Care UK says that 2,178 adults referred by first responders declined entry into the NRM last year. We have discussed the barriers that some might experience, including not recognising that they are, in fact, a victim, but it can also be because it is not immediately obvious what support the NRM provides for victims. This reduction in the recovery period certainly is not going to help.

I anticipate that the hon. Member for Calder Valley is about to tell me that under the Council of Europe convention on action against trafficking in human beings, the current threshold is set at 30 days. However, the minimum of 45 days in the UK, which was established in 2009, was a clear distinction that we could be proud of, and it is unclear why the Government are seeking such a change. Victims in Northern Ireland and Scotland are entitled to longer periods of support—the recovery period in Scotland is actually 90 days. I ask the Minister to outline how the change will have a positive impact for victims in any way. Amendment 1 would ensure that victims are protected and that we do not undermine the progress that has been made so far by reducing the recovery period further.

I will speak to clause 49 more broadly. I draw the Minister’s attention to subsection (2), which states:

“A conclusive grounds decision may not be made in relation to the identified potential victim before the end of the period of 30 days beginning with the day on which the positive reasonable grounds decision was made.”

I welcome the sentiment, but I wonder whether he could address the concerns raised by Dame Sara Thornton, the Independent Anti-Slavery Commissioner, that there are pilot schemes under way to test approaches to devolving national referral mechanism decisions for children to local safeguarding partners. As part of the pilots, conclusive grounds decisions are being taken at the same time as reasonable grounds decisions, where the evidence is strong enough to do so. I hope that the Minister will join me in welcoming that approach, and although I am worried about the clause’s intended consequences, I also hope that he will recognise that this could be an unintended negative consequence, which we can hopefully all agree would be wholly regrettable. The clause is relatively simple and we do not support it standing part of the Bill.

--- Later in debate ---

[Craig Whittaker]

I thank both hon. Members for their contributions. Let me see if I can answer some of their questions. Basically, there is no need to amend clause 49 to provide a 45-day recovery period as that is already provided for in guidance. The guidance is the statutory guidance under section 49 of the Modern Slavery Act 2015, where victims will still receive a 45-day recovery period unless disqualifications apply.

The hon. Member for Halifax is right when she quotes our obligations under the Council of Europe convention on action against trafficking in human beings, which require us to provide a 30-day recovery period or, as the legislation states, until

“the conclusive grounds decision is made.”

In 2020, the average time for conclusive grounds decisions was actually 339 days. That long period stems from pressures on the system, which we are working to reduce through our transformation project, to ensure that victims get certainty much more quickly. This period is notably much longer than the 45 days that the hon. Member is proposing.

With regard to how that impacts on devolved pilots, as set out in the new plan for immigration, the Government are also piloting new ways of identifying child victims of modern slavery that will enable decisions to be taken within existing safeguarding structures by local authorities, the police and health workers. This approach will enable decisions about whether a child is a victim of modern slavery to be made by those involved in their care and ensure that decisions made are closely aligned with the provision of local needs-based support and any law enforcement response. The Government will continue to monitor the consequences of this measure and whether it will reduce further flexibility around decision making.

On that basis, I ask the hon. Lady to withdraw the amendment and to support the clause as drafted.

[Holly Lynch]

I thank the Minister for his response. We have seen this approach at previous stages of the Bill. The Minister cites the realities of processing times, but the fact that it is 45 days in the statutory guidance shows why the Bill is an absolute nonsense and does not make the first bit of sense. We should ignore it and trust the guidance. There is a commitment to driving down the processing times anyway. I hope that the Minister can therefore see why the amendment was tabled. On that basis, I will press the amendment to a vote.

Question put, That the amendment be made.

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No entitlement to additional recovery period etc

[Holly Lynch]

I beg to move amendment 180, in clause 50, page 44, line 4, at end insert—

“(aa) the person was aged 18 or over at the time of the circumstances which gave rise to the first RG decision;”.

This amendment seeks to preclude those exploited as children from being denied additional recovery periods if they are re-trafficked.

[The Chair]

In line with what appears to be custom and practice, with this it will be convenient to consider clause stand part.

[Holly Lynch]

Clause 50, as drafted, should not stand part of the Bill. The amendment would ensure that those exploited as children will not be denied additional recovery periods if they are re-trafficked or if additional periods of trafficking are disclosed. Children, in particular, who make up 47% of those referred to the national referral mechanism, are at serious risk of being trafficked and going missing from care. In 2017, one in four identified trafficked children were reported as going missing. The number of children referred to the NRM is also rising, with last year seeing an almost 10% increase compared with the previous year. The average number of missing incidents for each trafficked child has also increased, from 2.4 to 7.4 between 2014-15 and 2017-18. Therefore, amendment 180 is even more vital, considering the worrying trends we are seeing.

Every Child Protected Against Trafficking UK has warned that clause 50

“may severely impact child trafficking survivors”

who are at high risk of going missing and being re-trafficked, particularly when

“they transition to adulthood and require access to support and protection through the NRM.”

To make that point, I want to share a real-world case study provided by ECPAT UK that demonstrates why our amendment is necessary.

Huang was referred to the local authority children's services at age 17, following a police operation in a nail bar. He was also referred as a potential victim of trafficking into the NRM and received a positive reasonable grounds decision. He was accommodated by the local authority. He told his support worker that he had been scared because his family back home were receiving threats to pay back his debt. Shortly after, he went missing. He was found by the police just after his 18th birthday and went on to develop trust with his lawyer, where he disclosed for the first time a significant period of exploitation in Vietnam, across Europe and in the UK, prior to being found in the nail bar. He remains in fear, and while the dangers facing his family back home persist, sadly, there is still a high likelihood that he will go missing again.

Without amendment 180, Huang may be unable to be referred to the NRM again, given the new disclosure of previously unknown periods of exploitation. As he is now 18, he would not be looked after by children’s services. Clause 50, as it stands, will place him at great risk of subsequent re-trafficking in the absence of access to safe accommodation and support through the NRM during his reflection and recovery period.

The increase in the number of British children in the NRM in relation to child criminal exploitation gives us further cause for concern. I recently met officers from the Metropolitan Police Service who are leading the response on trafficking, slavery and exploitation. They told me that it is becoming standard practice that when a child or young person is sent on their first county lines journey, their exploiter will arrange for them to be robbed of the drugs they have been instructed to sell. When they then have to come back and explain what has happened, they are immediately told they have to work off the value of the drugs. That traps them in debt bondage, even though the real criminal will have recovered the drugs, having arranged what can sometimes be a particularly violent mugging in the first place, so in reality there is no debt.

It would not be unusual for children in such vulnerable and exploited positions to be identified by the authorities but then go missing from the NRM because of the risks that persist. They must be treated as a safeguarding concern and not by way of immigration compliance, not least because so many of those children are British nationals. So I ask the Minister again: why are children subject to clause 50, given their particular vulnerabilities? Amendment 180 seeks to right that wrong. I am sure all colleagues will agree that a child rights-centred approach, which ensures children’s safety and their protection, must be a priority. I therefore hope the Minister will reflect on the points we have made and accept Amendment 180.

More broadly, clause 50 has the potential to exclude trafficked children and adults from being identified following re-trafficking, thereby leaving them unable to access the support they should be entitled to. I worry that with this clause the Government are suggesting that making repeat claims of having been trafficked undermines someone’s credibility. However, we also know that traffickers are increasingly coaching those they are exploiting on what to say should they be identified by authorities. An expectation is placed on the victim that they will return to their exploiters due to their perceived debt bondage, in order to avoid consequences for them or often their families.

Re-trafficking has increasingly become a part of a trafficker’s operating model, so why are we not responding to that? The changes negatively affect the victim and not the perpetrator of such crimes. It also appears to contradict the identified need for individual assessment and support, as required under ECAT. The Government have described the clause as necessary

“to prevent the recovery period being misused by those wishing to extend their stay in the UK and to remove unnecessary support and barriers to removal where these are not needed”.

Will the Minister present the evidence to support that claim? That explanation fails, not least, to recognise that the most common nationality of all referrals to the NRM for victims of modern slavery in 2020 was that of UK nationals, primarily referred for criminal exploitation. We know that children make up the lion’s share of those referrals. Does that not make the Government stop and think about what is in the clause?

There is a fear that the NRM is being misused by those wishing to extend their stay in the UK. Without amendment 180, the clause means that we are sending children, both migrant and British, back into the arms of their exploiters. We plead with the Minister to think again about the clause. We cannot see it stand part of the Bill.

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[Craig Whittaker]

As I have said, there is already a provision for the decision makers to amend the care and support package needed on a case-by-case basis. That is the case for recovery periods as well. On the matter of children, I recognise the complexity of children’s vulnerabilities, as well as those of other modern slavey victims. As a result, this clause has scope to consider an individual’s circumstances, even where the new referral for exploitation occurred prior to the previous recovery period. That is why, under this clause, individuals will be considered for more than one recovery period on a case-by-case basis, taking into account their specific needs and vulnerability. Safeguarding and ensuring the welfare of children will, of course, be taken into account as part of any decision to withhold a recovery period.

Further details of how to apply this discretionary element will be outlined in guidance for decision makers. This will ensure that victims of modern slavery who genuinely need multiple periods of protection and support actually receive it. It would not be appropriate to have a blanket approach to children, but our proposed approach ensures that their vulnerabilities are considered. I hope that, in the light of that explanation, the hon. Member for Halifax will be content to withdraw her amendment.

[Holly Lynch]

I thank the Minister for that contribution. I have been consistently concerned by the lack of provision for children and young people within the clauses before us. With that in mind, I will not be withdrawing amendment 180.

Question put, That the amendment be made.

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Identified potential victims etc: disqualification from protection

[Holly Lynch]

I beg to move amendment 164, in clause 51, page 44, line 31, at end insert—

“was aged 18 or over at the time of the circumstances which gave rise to the positive reasonable grounds decision and—”

This amendment would exclude children from the disqualification from protection measures outlined in clause 51.

[The Chair]

I will take the stand part debate with this, and would like to explain why. Where there are relatively short clauses with only one amendment to them, experience tells me that it is sometimes better to take the stand part debate with the amendment, because discussions that might be out of order in debate on the amendment can be in order if clause stand part is taken with the amendment. In other words, it allows for a greater freedom of discussion.

[Holly Lynch]

Thank you for that advice, Sir Roger.

Like a number of our other amendments, amendment 164 seeks to ensure that no child victim of trafficking or modern slavery is denied protection. Clause 51 introduces the following reasons why someone would be disqualified from protection: they are a threat to public order, or they have claimed to be a victim of modern slavery in bad faith. The Independent Anti-Slavery Commissioner, Dame Sara Thornton, says in her letter to the Home Secretary on the Bill:

“I have grave concerns about this clause because it casts a wide net, with the potential to prevent a considerable number of potential victims of modern slavery from being able to access the recovery and reflection period granted through the NRM. Without such support prosecution witnesses will be unable to provide witness evidence and this will severely limit our ability to convict perpetrators and dismantle organised crime groups.”

She says these changes will make it harder to convict perpetrators and go after organised crime groups. I doubt any of us came into politics to pass laws that work to the advantage of criminals, so why is the clause included in the Bill?

The Children’s Society has emphasised concerns regarding the impact on children who are victims of child criminal exploitation. In 2020, of the 47% of referrals to the NRM that were for children, 51% were for criminal exploitation. According to the National Crime Agency, referrals to the NRM for British children have grown due to an increase in child criminal exploitation, particularly by groups using the county lines model. The average custodial sentence length given to children has increased by more than seven months over the last 10 years, from 11.3 to 18.6 months in 2020.

A case study supplied by the Children’s Society following a serious case review by Waltham Forest Safeguarding Children Board is one of the most depressing of the many case studies we have been sent during our preparations for this Committee. Child C was a vulnerable child who lived in Nottingham. He was regularly excluded from school and was eventually home-schooled. His family noted that he regularly ran away from home. In January 2018, his mother said he was threatened by an older youth, who said that Child C had money for them. The incident was reported to Nottinghamshire police, but the police have no record of it. Also in January, Child C was arrested by police in possession of an air gun, a knife and cannabis. He later informed the youth offending team that an older boy had given him these. The youth offending team worked with Child C on a programme designed to highlight the dangers of carrying weapons. The incident was reported to the multi-agency safeguarding hub, but no further action was taken because of the youth offending team’s involvement.

Child C moved to Waltham Forest in April 2018. In October 2018, he was arrested in Bournemouth in what is known as a cuckoo flat—a person’s home that criminals take over and use to facilitate exploitation. There was significant evidence of drug use and sales in the flat. Child C was found to be in personal possession of 39 wraps of crack cocaine, and was arrested for possession of class A with intent to supply. That was a pivotal moment in providing support to the child. For the first time, the authorities in Waltham Forest had been presented with completely unequivocal evidence that Child C was being criminally exploited. From that point, he had multi-agency involvement and a further conviction for carrying an offensive weapon. The case study ends with Child C being murdered in January 2019.

That is the operating model for county lines gangs. We know that criminally exploited children are driving up referrals to the NRM, meaning that children will be coerced into committing crimes as part of their exploitation. That is explicit in section 45 of the Modern Slavery Act 2015. It is unclear what, if any, assessment the Government have made of how children will be affected by changes in clause 51 and the risk to them of remaining in exploitative situations. Disqualifying child victims from protection is incompatible with the duties on local authorities and other public bodies under section 11 of the Children Act 2004 to safeguard and promote the welfare of children. I urge the Minister to adopt amendment 164 and stand with child victims of modern slavery; it will allow him to go after the criminal gangs who will welcome this clause.

Clause 51 is incompatible with the duties on local authorities and the Home Office to safeguard and promote the welfare of children. It fails to take into account that children are at greater risk of exploitation owing to their developing capacity and, under the UN convention on the rights of the child, should never be denied protection. The fact that the Government have decided to ignore those fundamental principles to protect the most vulnerable children is simply shocking. The Government’s equality impact assessment promises to mitigate the adverse impact on vulnerable people but fails to identify any exemptions or specialist support for children in part 4 of the Bill.

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[Holly Lynch]

I am grateful to the Minister for his response. As we have heard from the interventions made by hon. Members, the case studies before us mean that we have grave concerns about clause 51. The assurances that the Minister has sought to make do not overcome some of the barriers that clause 51 will put in place.

I look forward to hearing more detail about the Children’s Society projects that the Government are funding and the Look Closer campaign, which I very much welcome, but, as things currently stand, this is much more of a blanket exemption than the Minister has tried to suggest. The very broad public order definitions in the Bill go beyond the intention that he has tried to explain, so once again I am concerned that children will be particularly vulnerable to the negative impacts of clause 51 if unamended, so I am minded to press amendment 164 to a division.

Question put, That the amendment be made.

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Identified potential victims in England and Wales: assistance and support

[Holly Lynch]

I beg to move amendment 4, in clause 52, page 46, line 9, after “50A” insert—

“Meaning of assistance and support

‘(1) For the purposes of guidance issued under section 49(1)(b) and regulations made under section 50, “assistance and support” includes but is not limited to the provision of—

(a) appropriate and safe accommodation;

(b) material assistance, including financial assistance;

(c) medical advice and treatment (including psychological assessment and treatment);

(d) counselling;

(e) a support worker;

(f) appropriate information on any matter of relevance or potential relevance to the particular circumstances of the person;

(g) translation and interpretation services;

(h) assistance in obtaining specialist legal advice or representation (including with regard to access to compensation);

(i) assistance with repatriation, including a full risk assessment.

(2) Assistance and support provided to a person under this section—

(a) must not be conditional on the person’s acting as a witness in any criminal proceedings;

(b) may be provided only with the consent of that person;

(c) must be provided in a manner which takes due account of the needs of that person as regards safety and protection from harm;

(d) must be provided to meet the needs of that person having particular regard to any special needs or vulnerabilities of that person caused by gender, pregnancy, physical or mental illness, disability or being the victim of violence or abuse;

(e) must be provided in accordance with an assistance and support plan which specifies that person’s needs for support and how those needs will be met for the full duration of the period to which that person is entitled to support under this Act.

(3) Nothing in this section affects the entitlement of any person to assistance and support under any other statutory provision.

50B”

This amendment would define the types of assistance and support that must be provided to a victim of modern slavery in England and Wales in line with Article 12 of the European Convention on Actions Against Trafficking in Human Beings; and conditions associated with its provision.

[The Chair]

With this, it will be convenient to discuss the following: Amendment 2, in clause 52, page 46, line 16, leave out from “receiving” to the end of line 19 and insert

“in their physical, psychological and social recovery or to prevent their re-trafficking.”

This amendment would define the objective of assistance and support in line with Article 12 of the European Convention Against Human Trafficking 2005.

Amendment 3, in clause 52, page 46, line 16, at end insert—

‘(6A) When a person who is receiving assistance and support under this section receives a positive conclusive grounds decision, the Secretary of State must secure assistance and support for at least 12 months beginning on the day the recovery period ends.”

This amendment would give modern slavery victims in England and Wales with a positive conclusive grounds decision the right to receive support and assistance for at least 12 months.

Clause stand part.

[Holly Lynch]

The amendments seek to incorporate our international legal obligations under ECAT within the provisions of support available to victims during the recovery period, as well as extending statutory support for those who have received a positive conclusive grounds decision.

Having already discussed the changes to the recovery period in our discussion of clause 50, I will not repeat myself, but it is important to consider these amendments alongside the provisions in clause 50. We share the concerns of Christian Action, Research, and Education, or CARE, which has worked with us on amendment 4, that clauses 52 and 53 have the potential, if they remain unamended, to

“make matters worse for victims”.

Amendment 2 would update the definition of the reasons for providing a recovery period as solely to harm

“arising from the conduct which resulted in the positive reasonable grounds decision in question,”

and replace it with the requirement to assist a person

“in their physical, psychological and social recovery or to prevent their retrafficking.”

Therefore, amendment 2 would put into the Bill the wording of article 13 of ECAT, which provides support

“necessary to assist victims in their physical, psychological and social recovery”.

The British Red Cross has highlighted that

“making support dependent on specific ‘harm’ caused by the ‘conduct’ that led someone to be identified as a victim, fails to recognise the reality of human trafficking”.

The Home Office’s own research from 2017 says that

“unlike most crimes, which are time-limited single events, modern slavery is a hidden crime of indeterminate duration”—

in that it involves multiple locations and individuals. Therefore, amendment 2 better reflects the Home Office’s own assessment of the nature of human trafficking.

Amendment 4 seeks to set out the types of assistance and support that must be provided to a victim of modern slavery. Colleagues will be aware that presently neither the Modern Slavery Act 2015 nor the Bill includes such a provision, and therefore amendment 4 would fill a significant void in the legislation. The types of assistance and support include a range of provisions, such as safe accommodation, medical advice, a support worker, access to translation services, counselling, and assistance in obtaining legal advice or representation.

Amendment 4 is a practical and reasonable measure, and one that we hope will provide a sense of certainty and security to support survivors as they move towards recovery and towards justice, as confidence in the process grows, which will foster trust between agencies and victims, and enable more perpetrators to be brought before the courts. The types of assistance defined are basic provisions that victims should be entitled to if they are to rebuild their lives.

Building upon this idea of defining assistance, amendment 3 would offer long-term support to survivors with a positive conclusive grounds decision, stipulating that the Secretary of State must also secure assistance for at least 12 months, beginning on the day that the recovery period ends.

Given that there is no mention of statutory support after a conclusive grounds decision, amendment 3 seeks to correct another considerable omission from the Bill. In 2020, the Centre for Social Justice said:

“Long-term support is a further significant gap in the support system. In recent years a number of reports have concluded that the lack of long-term support puts victims of modern slavery at risk of homelessness, destitution and even re-trafficking after they exit the NRM support provision. It also has a significant negative impact on their engagement with the criminal justice system”.

This approach has broad support, as these amendments would build upon the recommendations made by the Work and Pensions Committee in 2017, which stated that

“There is very little structured support for confirmed victims once they have been given a ‘Conclusive Grounds’ decision...We recommend that all victims of modern slavery be given a personal plan which details their road to recovery, and acts as a passport to support, for at least the 12 month period of discretionary leave.”

Similar measures were also incorporated in the Modern Slavery (Victim Support) Bill introduced by Lord McColl of Dulwich, which awaits its Second Reading in the House of Lords. That Bill was greatly welcomed across the human trafficking sector and by all parties.

To summarise the case for amendments 2, 4 and 3, they are vital in expanding support for victims, and can boast wide support. I very much hope that the Minister will reflect on their merits.

On clause 52 more broadly, we welcome the fact that support for victims in England and Wales is being placed on a statutory basis during the recovery period, but this change is undermined by the limitations on support, and the decision to reduce the minimum recovery period from 45 to 30 days under earlier clauses. The clause introduces provisions for assistance and support only

“if the Secretary of State considers that it is necessary”

for recovery, mental health and wellbeing purposes, and crucially only if the recovery is from harm caused directly by the trafficking.

In the explanatory notes, the Government state that the intention behind the clause is to implement the UK’s ECAT obligations under article 13 to provide a recovery period to potential victims of modern slavery, but that is not really what has been included in the Bill. The explanatory report on ECAT says that articles 12 and 13 are

“an important guarantee for victims and serve…a number of purposes.”

This wording emphasises the “guarantee” of support, and its serving different purposes. By contrast, the clause narrows the scope of the recovery support received solely to support needed as a result of harm

“arising from the conduct which resulted in the positive reasonable grounds decision in question.”

The Anti Trafficking and Labour Exploitation Unit claims that as a result, the clause will

“create a huge evidential burden on survivors, in demonstrating that their recovery needs are linked to their experiences of having been trafficked”.

It adds that the clause will also

“necessitate an increase in the number of medico-legal reports that the Competent Authority will be required to consider.”

To summarise, the clause has the potential to further disqualify victims from support entirely. It has nothing at all to offer a person who had physical and mental needs before being trafficked—needs that may have been a factor in them having been targeted by criminal gangs. It risks trapping victims in an endless cycle of exploitation, which will undermine our ability to identify victims and prosecute the perpetrators of these crimes. For these reasons, the clause should not stand part of the Bill in its current form.

[Craig Whittaker]

I thank the hon. Lady for raising important issues around the support and assistance offered to victims of modern slavery and trafficking. Support for potential victims is a fundamental pillar of our approach to assisting those impacted by this horrendous crime and reducing the risk of their being re-trafficked. We are agreed on the importance of placing the entitlement to support in legislation, which is what the clause will do. Our intention in our drafting was to provide victims with certainty about the circumstances in which support is provided through the NRM; we know that is imperative in aiding their recovery. To this end, we have sought to put in clause 52 that support will be provided where

“it is necessary for the purpose of assisting the person receiving it in their recovery from any harm to their physical and mental health and their social well-being arising from the conduct which resulted in the positive reasonable grounds decision in question.”

Amendment 2 would restrict this support to where it was needed for a victim’s

“physical, psychological and social recovery or to prevent their re-trafficking.”

This provides less clarity on what these terms mean for victims and decision makers, reducing the clause’s effectiveness in supporting victims. Our approach is not to do as amendment 4 suggests and go into detail in the clause on the types of support provided, but to instead do that in guidance. The reason is twofold: it provides us with the flexibility to tailor support to victims, and to ensure that we are able to amend the guidance and support as our understanding of victims’ needs changes.

After entering the NRM, potential victims are entitled to access a wide range of specialist support services to help them rebuild their lives. This includes safe house accommodation, financial support, and a social worker to assist with access to services including, but not limited to, health care, legal advice and translation services. Following a positive conclusive grounds decision, confirmed victims’ ongoing recovery needs are assessed, and a clear plan is tailored to their specific recovery needs to help them transition out of support and back into a community, where this is possible. Confirmed victims’ recovery needs are assessed to ensure that the overall support package provided through the modern slavery victim care contract is specific to the individual. This needs-based approach ensures that the Government provide targeted and personalised support to victims to help them recover and rebuild their lives.

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[Craig Whittaker]

I think I have made it quite clear that the amendment would restrict the ability to assess on an individual, case-by-case basis, as the clause intends. I also went on to say that the time period for that is up to six months but is not limited. I hope that answers the hon. Gentleman’s question. Amendment 3 would go against that approach and would not increase benefits to victims. For the reasons I have outlined, I respectfully invite the hon. Member for Halifax to withdraw the amendment.

[Holly Lynch]

I am grateful to the Minister, once again, for his response. He paints a picture of the NRM that I do not think would be recognised by those working with it on the frontline. We heard testimony from those within the NRM that it was not clear that they were even in it, because it was not clear what provisions or support they were receiving. I wish it was the case that the description and the offer of support that he outlines were there in reality.

The Minister says the discretion within the Bill is necessary in order to facilitate going further and doing more, but we know that discretion is also used to offer less than we think is appropriate for victims who require that support. We will continue to argue and make the case for amendments 2, 3 and 4, but in the interests of time, we will simply vote against clause 52 in its entirety. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Question put, That the clause stand part of the Bill.

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[The Chair]

For future reference, I understand that abstentions are supposed to be recorded by saying, “No vote”, although I am happy to be corrected. I am not always right.

Clause 53

Leave to remain for victims of slavery or human trafficking

[Holly Lynch]

I beg to move amendment 7, in clause 53, page 47, line 12, after “Kingdom” insert

“for a minimum 12 months”.

This amendment would give modern slavery victims in England and Wales with a positive conclusive grounds decision leave to remain for a minimum of 12 months.

[The Chair]

With this it will be convenient to discuss the following:

Amendment 5, in clause 53, page 47, line 14, leave out from “recovery” to the end of line 16 and insert “personal situation,”.

This amendment would define the criteria of providing leave to remain in line with Article 14 of the European Convention Against Human Trafficking 2005.

Amendment 189, in clause 53, page 47, line 21, at end insert—

“(2A) If the person is aged 17 or younger at the point of referral into the National Referral Mechanism, the Secretary of State must give the person leave to remain in the United Kingdom if that is in the person’s best interests.

(2B) In determining the length of leave to remain to grant to a person under subsection (2A), the Secretary of State must consider the person’s best interests and give due consideration to—

(a) the person’s wishes and feelings;

(b) the person’s need for support and care; and

(c) the person’s need for stability and a sustainable arrangement.”

This amendment seeks to incorporate the entitlement to immigration leave for child victims (as per Article 14(2) of ECAT) into primary legislation.

Amendment 6, in clause 53, page 47, line 22, leave out subsections (3) and (4).

This amendment would remove the criteria of not granting leave to remain if assistance could be provided in another country or compensation sought in another country.

[Holly Lynch]

Amendments 7, 5 and 6 concern the provisions to provide leave to remain for survivors of trafficking. Similar to our amendments to clause 52, amendment 5 seeks to bring the provisions in line with article 14 of ECAT by changing the criterion for providing leave to remain from “recovery” to “personal situation”. The reference to “personal situation” recognises that leave is necessary for a range of reasons. The explanatory report to ECAT states:

“The personal situation requirement takes in a range of situations, depending on whether it is the victim’s safety, state of health, family situation or some other factor which has to be taken into account.”

Amendment 6 would remove the criterion for not granting leave to remain if assistance could be provided in another country or compensation sought in another country. It is not clear why the Government introduced that criterion, and I would be grateful if the Minister could outline in his response how he could possibly envisage that working in practice.

Amendment 7 provides a clear minimum timeframe for granting leave to remain, thereby creating more certainty for victims. Under the Home Office’s current guidance on assessing discretionary leave for survivors of modern slavery, leave to remain is granted for a mixture of different time periods—sometimes as little as six months. Those timeframes are short, and the inconsistency can set back recovery.

In 2017, the UK Government issued figures on grants of leave to confirmed modern slavery victims. Some 21% of confirmed victims who were neither UK nor EU nationals were granted asylum in 2015. A group of more than 13 frontline charities that are expert practitioners in providing support to victims of slavery highlighted the problem, stating that:

“The support currently provided to survivors of human trafficking and modern slavery is not meeting recovery needs. Government funded support ends abruptly and too early and there is little information or data as to what happens to survivors in the longer term. The current situation leaves survivors with little realistic opportunity to rebuild their lives, with some ending up destitute, vulnerable to further harm or even being re-exploited.”

The Government may argue that they are already providing support for confirmed victims in England and Wales through the recovery needs assessment. However, under the RNA, victims are not guaranteed long-term support. Victims will receive a minimum of 45 days of move-on support, with the RNA determining how much—if any—extra support is required under the modern slavery victim care contract; that extra support will be for a maximum of six months at time, and may be only a few days or weeks.

Furthermore, Labour believes that victims’ needs are not fully addressed in the RNA. In the 2020 annual report on modern slavery, the support recommended by victim support workers was agreed to in full by the Home Office in only 53% of cases, which raises questions as to whether the process genuinely responds to victims’ needs or is, instead, focused on moving victims out of the service. In summary, amendments 7, 5 and 6 are necessary to address the fundamental challenge facing victims and provide them with far greater certainty.

Amendment 189 is necessary because all child victims must be granted immigration leave in line with their best interests as standard, as stated in international law and UK guidance. The amendment seeks to incorporate the entitlement to immigration leave for child victims as per article 14 of ECAT into primary legislation. It will specify that if the person is aged 17 or younger at the point of referral into the national referral mechanism, the Secretary of State must give the person leave to remain in the United Kingdom if that is in the person’s best interests, giving due consideration to a victim’s need for support and care and a sustainable arrangement.

The Independent Anti-Slavery Commissioner has echoed concerns on the lack of clarity around what the clause would mean in practice for children, with this having been acknowledged in the Government’s response to the new plan for immigration consultation. Dame Sara Thornton states

“it is disappointing that this detail was not included as part of the Bill”,

and we share that frustration. There is no consistent public data available on the outcomes for potential child victims of trafficking, but evidence shows that our current policies are not being implemented adequately.

Every Child Protected Against Trafficking requested data through the Freedom of Information Act on the immigration outcomes for those exploited as children, the response to which showed alarming results in the data. It found that only about 5% of child-related considerations resulted in a positive decision for discretionary leave. The data indicates that discretionary leave is not being granted to children as victims of trafficking, and that in the small number of cases where it is, the average length of grant is short, suggesting that decisions are not being taken with their best interests as a primary consideration, providing minimal stability.

How many child victims of trafficking were subsequently granted indefinite leave to remain under the policy is unknown but, based on those figures, we can estimate that they are few. That is despite the explicit current policy that states the need to consider the length of leave, including a grant of indefinite leave to remain in line with the child’s best interests. That requirement is set out to fulfil the Secretary of State’s statutory obligation under section 55 of the Borders, Citizenship and Immigration Act 2009 to safeguard and promote the wellbeing of children. All child victims of trafficking must be granted immigration leave in line with their best interests as only standard, as stated in international law and UK guidance.

[Stuart C. McDonald]

I want to say a few words in support of the amendments, which have the SNP’s full support. Currently, while someone might be in limbo for a long time, they are more secure the day after their referral into the NRM than they are the day after they receive a positive conclusive grounds decision, and that is not right. If they have been accepted as a survivor of trafficking, it makes them less secure. We should move towards a period of automatic leave to remain. The provision of leave is often an absolute prerequisite for meaningful recovery. With some security of status, the ability to seek employment or education and participate in the community builds confidence and stability, and the amendments broaden the number who will achieve that stability.

We also absolutely agree that there are problems regarding consistency between article 14 of the trafficking convention and current Home Office guidance. That is what amendment 5 would fix, so we support it. The convention speaks of allowing leave where necessary, given a survivor’s personal situation, and the explanatory report to the convention refers to issues around safety, their state of health, and the family situation or similar. The Home Office guidance calls for a much broader, individualised human rights and children’s safeguarding legislation-based approach, which seeks to protect and assist a victim and safeguard their human rights. Decision makers are to assess whether a grant of leave is necessary to meet the UK’s objectives under the trafficking convention and to provide protection and assistance to that victim owing to their personal situation. The current guidance is therefore closer to the convention than what is in this Bill.

The clause considerably reduces the scope of article 14 and the idea of a personal situation by adopting wording from the totally different article 12 and not offering any justification for that. The purpose and aim of leave to remain is recovery first in the host state if a survivor seeks that before any further upheaval is forced on them. That helps a survivor, and it helps us with law enforcement. It is also the only realistic way that they will be able to seek redress through compensation from those who exploited them. Pursuing such compensation from abroad just does not happen in practice.

Putting emphasis on the possibility that protection might be offered in the survivor’s home state, as the clause does, risks undermining a proper analysis of the personal circumstances as a whole and risks putting survivors back to square one and at risk of re-trafficking. Crucially, watering down the current position will mean fewer survivors remaining here or being in the best position to work with law enforcement authorities to bring the perpetrators of these awful crimes to justice. Again, that is dreadful news for survivors, but dreadful news for all of us as the perpetrators will escape punishment and other people will become the next victims. We support these amendments and call on the Government to explain why they do not just adopt the wording of article 14 of the European convention.

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[Craig Whittaker]

I have resisted saying these words, but I will make sure that we write to the Committee with those statistics if they are available.

The link to exploitation is an important one, and it is based on our Council of Europe convention on action against trafficking in human beings obligations to assist victims in their recovery. Given that the aim is to provide a clear framework to deliver certainty for victims and decision makers, I do not think that amendment 5 would enhance that at all. Turning to amendment 189, I recognise the importance, again, of bringing clarity to victims about the circumstances in which they are entitled to temporary leave to remain. That is exactly what clause 53 will do. I understand the particular vulnerabilities of children, and I can reassure the Committee that these are built into our consideration of how the clause will be applied.

Clause 53, in contrast to amendment 189, seeks to clarify our interpretation of our international obligations and it brings clarity for victims and decision makers, too. It purposefully does not use terms such as

“the person’s wishes and feelings”,

which are unclear and would not enable consistent decision making.

We are also clear that all these considerations must be based on an assessment of need stemming from the individual’s personal exploitation. Amendment 189 seeks to remove that link to exploitation, moving us away from the core tenets of our needs-based approach. It would not support victims in better understanding their rights; nor indeed would it help decision makers have clarity on the circumstances in which a grant of leave is necessary.

I want to be clear that clause 53 applies equally to adult and child confirmed victims of modern slavery. Crucially, through this clause, we have already placed our international legal obligations to providing leave for children in legislation—which I think we all agree is a milestone in itself.

I want to reassure the Committee that decision makers are fully trained in making all leave to remain decisions, including considering all information to assess the best interests of the child and to account for the needs to safeguard and promote the welfare of all children. All decision makers will receive training and up-to-date guidance on the policy outlined in clause 53.

For the reasons I have outlined, such changes do not add clarity and, in our view, are not required. I hope the hon. Member for Halifax will not press her amendments.

[Holly Lynch]

I thank the Minister, once again, for his contribution. In the interests of time, I will seek to move amendment 189 formally as, once again, I am not satisfied that the appropriate provisions for children have been recognised. I will gently make the point that statutory guidance has been referred to so often as the place where we would look for further detail on how the Bill would actually affect people’s lives that it would have been diligent to produce the statutory guidance at the same time as the Bill. That would have given Members the ability to really scrutinise it in full.

With that in mind, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Amendment proposed: 189, in clause 53, page 47, line 21, at end insert—

“(2A) If the person is aged 17 or younger at the point of referral into the National Referral Mechanism, the Secretary of State must give the person leave to remain in the United Kingdom if that is in the person’s best interests.

(2B) In determining the length of leave to remain to grant to a person under subsection (2A), the Secretary of State must consider the person’s best interests and give due consideration to—

(a) the person’s wishes and feelings;

(b) the person’s need for support and care; and

(c) the person’s need for stability and a sustainable arrangement.”

This amendment seeks to incorporate the entitlement to immigration leave for child victims (as per Article 14(2) of ECAT) into primary legislation.—(Holly Lynch.)

Question put, That the amendment be made.

--- Later in debate ---

[Craig Whittaker]

The Government have tabled a minor amendment to subsection (9) of the clause to reflect that a grant of leave comes after the positive conclusive grounds decision rather than the reasonable grounds decision. Subsection (9) has therefore been amended to provide that the relevant exploitation for the purpose of granting leave under subsection (2) of the clause means the conduct resulting in the positive conclusive grounds decision rather than the positive reasonable grounds decision. This corrects a minor drafting error.

I will briefly speak on clause 53. It reflects our commitment to supporting victims of modern slavery by setting out in legislation, for the first time, the circumstances in which a confirmed victim may qualify for a grant of temporary modern slavery-specific leave. The aim of the clause is to provide clarity to decision makers as to the circumstances in which confirmed victims qualify for temporary leave to remain. It is a Government priority to increase prosecutions of perpetrators of modern slavery. As such, the legislation makes it clear that where a public authority such as the police is pursuing an investigation or criminal proceedings, confirmed victims who are co-operating with this activity and need to remain in the UK in order to do so will be granted temporary leave to remain, to support that crucial endeavour. The clause will ensure that victims and public authorities have surety about victims’ ability to engage with prosecutions against those who wish to do harm.

[Holly Lynch]

I have heard the Minister’s opening remarks on clause 53 stand part. Only 11% of confirmed victims with a positive conclusive grounds decision between 1 January 2016 and 31 March 2020 received discretionary leave. I therefore ask the Minister to make it clear how an individual’s need for leave will be judged under the criteria in the Bill, and to provide us with clear evidence on how he believes that clause 53 is in keeping with the ECAT obligations.

As colleagues are aware, just weeks ago the High Court delivered a significant judgment that foreign national victims of human trafficking should be granted leave to remain, which really requires starting from scratch on these clauses. The ruling came following the case of a 33-year-old Vietnamese national who was coerced into sex work in Vietnam back in 2016, before being trafficked to the UK in the back of a lorry. From November 2016 to 2018 she suffered further exploitation, being forced to work in brothels and cannabis farms. In April 2018, she was identified as a victim of human trafficking. However, as is the case with many victims, she was charged with conspiring to produce cannabis, and was sentenced to 28 months imprisonment. In May 2019, a trafficking assessment was sought once again by her lawyers, to which the Home Office responded that it had no record of her case; she was later placed in immigration detention. It was not until her legal representatives made a further referral that she was finally recognised as a victim. In his judgment, Mr Justice Linden said,

“The effect of the refusal to grant the claimant modern slavery leave is that she is subject to the so-called hostile environment underpinned by the Immigration Act 2014.”

--- Later in debate ---

[Craig Whittaker]

Let me see whether I can answer some of those questions. The hon. Member for Halifax asked how the clause is compatible with ECAT, and where is the certainty. This measure will clarify in primary legislation the obligations set out in article 14 of the European convention on human rights, and clarify the policy that is currently set out in guidance. This confirms that victims of all ages, including children, who do not have immigration status will automatically be considered for temporary leave. A grant of temporary leave to remain for victims of modern slavery does not prohibit them from being granted another, more advantageous, form of leave, should they qualify for it. It continues to be the core principle of the approach to modern slavery—

[Holly Lynch]

The Minister refers to a piecemeal approach to extending leave—and extending leave—and extending leave. That is preventing victims from moving on with their recovery, from trusting the agencies and from establishing relationships that will lead to the prosecutions that we all hope for. Since he says that further extensions are likely, could we not reflect on more significant periods of leave being given in a single grant?

[Craig Whittaker]

I am a little surprised that the hon. Lady says “piecemeal approach”. I thought I was very clear throughout the process that it is a highly trained decision maker that will be looking at each individual on a case-by-case basis. They will have the ability to look at the individual person’s needs and extend. That approach is at the opposite end of the spectrum to the “piecemeal approach” mentioned by the hon. Lady.

Nationality and Borders Bill (Fourteenth sitting)

Holly Lynch Excerpts

Committee stage
Tuesday 2nd November 2021 Public Bill Committees

[The Lord Commissioner of Her Majesty’s Treasury (Craig Whittaker)]

Identifying and supporting victims at an early stage is a key part of the Bill, and the new one-stop process. To underpin that process, clause 54 provides for legally aided advice on the national referral mechanism to be provided to individuals who are already receiving legally aided advice on an immigration or asylum matter. The additional advice will be free to the individual.

The provision of legally aided advice under the clause will help the individual’s lawyer to provide holistic advice on the individual’s situation as a whole, looking at the range of protection-related issues, including modern slavery. Advice under the clause will additionally help to identify and support potential victims of modern slavery at an earlier stage. Potential victims of modern slavery will be able to understand what the NRM does and able to make an informed decision as to whether to enter it and obtain the assistance and support provided under it.

The Government are firm in our commitment to identifying and supporting all victims of modern slavery. The clause seeks to ensure that individuals are provided with advice on the NRM at the same time as they are receiving advice on an asylum and immigration matter, which will enable more victims of modern slavery to be referred, identified and supported.

[Holly Lynch (Halifax) (Lab)]

It is a pleasure to see you in the Chair, Ms McDonagh. Clause 54 amends the Legal Aid, Sentencing and Punishment of Offenders Act 2012 to enable advice on referral into the NRM to be provided as add-on advice where individuals are in receipt of civil legal services for certain immigration and asylum matters. Although I and many other colleagues welcome the fact that the Government have recognised the importance of legal aid as part of the process, we argue that legislating for it only as an add-on misses the opportunity to extend access to all those who would benefit from it—I include the Home Office as one of the main beneficiaries of people having access to proper advocacy and advice from an early stage.

In England and Wales, 63% of the population do not have access to an immigration and asylum legal aid provider, due simply to a lack of provision—what is known as a legal desert. Where there are providers, many are operating beyond capacity. Sadly, it is therefore commonplace for support workers to be unable to find lawyers for clients who are victims of trafficking.

It is not reasonable to expect vulnerable victims to be able to navigate the system without legal representation. It is vital that this is provided at the earliest stage possible. As the Public Law Project and JUSTICE have pointed out:

“The provision of legal aid to individuals who seek redress is not simply a matter of compassion, but a key component in ensuring the constitutional right of access to justice, itself inherent in the rule of law and an essential precondition of a fair and democratic society. Failure to provide it can amount to a breach of fundamental rights under the common law and/or the European Convention on Human Rights.”

We believe victims deserve better than what is set out before us in the Bill. The Anti Trafficking and Labour Exploitation Unit has highlighted how the single competent authority is currently sending out template witness statements as a guide for how they should be prepared. They warn of the legal implications of the document even in the absence of a lawyer. That is unacceptable. I am sure the Minister agrees that it would make for an improved system with more integrity and fewer errors—the very sort of system he proposes—if a broader approach to legal aid was adopted.

It is also fair to argue that access to legal aid remains somewhat of a postcode lottery, with many outside London and the south-east experiencing difficulties in accessing legal assistance. I take this opportunity to highlight the great work of the Anti Trafficking and Labour Exploitation Unit in attempting to widen access, having developed an online referral system for support workers to simplify the process for sourcing legal aid representation. However, it should not fall to organisations such as ATLEU to plug the gaps in the system. We wish to see improved access through this clause.

Similarly, the Government state in the explanatory notes to the Bill that clause 55 is designed to provide an add-on to legal aid on referral to the NRM if the victim has been granted exceptional case funding and is being advised in relation to the claim that their removal from or requirement to leave the UK would breach the Human Rights Act 1998. That means that clause 55 does not provide a route to pre-NRM advice for those who are not already in receipt of legal aid via the scope of another matter, and therefore does not provide free legal aid pre-NRM for all trafficking cases.

In scrutinising these measures, we have worked closely with the Immigration Law Practitioners Association, which I thank for having been so generous with its expertise, as I know it is for MPs right across the House, and for providing real-life examples that demonstrate the scale of the issue. It said:

“We assisted the pro bono department of a non-legal aid law firm when they helped a potential survivor apply for exceptional case funding—ECF—in August 2020. The funding was requested in order to provide advice on an NRM referral and associated immigration advice. This application was refused. A request to review the decision was refused. A decision on a second review is pending a final decision from the Legal Aid Agency. One ground of refusal at first review stage was that no decision had yet been made to remove the individual as they had not come forward to the authorities, and if a decision to deport or remove a client from the United Kingdom is made, an application for ECF could be made at that stage. The application remains undecided 13 months after the original submission.”

The system is a mess, Minister. It is the Opposition’s view that free legal aid and advice for potential victims of slavery and trafficking in the UK pre-NRM should not be limited to cases with existing immigration and asylum aspects. Only then will the Government’s offer of legal advice on referral to the NRM work in practice. In summary, the proposals contained within clauses 54 and 55 do not fully address the existing shortcomings in the system—another missed opportunity.

Question put and agreed to.

Clause 54 accordingly ordered to stand part of the Bill.

Clause 55 ordered to stand part of the Bill.

Clause 56

Disapplication of retained EU law deriving from Trafficking Directive

Question proposed, That the clause stand part of the Bill.

[Craig Whittaker]

The trafficking directive—the directive on preventing and combating trafficking in human beings and protecting its victims—was adopted by the UK on 5 April 2011. The Council of Europe convention on action against trafficking in human beings—ECAT—is the principal international measure designed to combat human trafficking. The trafficking directive is intended, in part, to give effect to ECAT. ECAT’s objective is to prevent and combat trafficking by imposing obligations on member states to investigate and prosecute trafficking as a serious organised crime and a gross violation of fundamental rights.

Following the end of the transition period on 1 January 2021, the UK is no longer bound by EU law, but ECAT remains unaffected. Therefore this Government intend, by means of clause 56, to disapply the trafficking directive in so far as it is incompatible with any provisions in the Bill. That will bring legislative certainty to the Bill and how its clauses will apply. It will also provide further clarity to victims about their rights and entitlements.

The Government maintain their commitment to identify and support victims of modern slavery and human trafficking, as part of the world-leading NRM. The Modern Slavery Act 2015 and ECAT, which sets out our international obligations to victims, remain unaffected, as do the UK’s obligations under article 4 of the European convention on human rights.

I commend the clause to the Committee.

[Holly Lynch]

I thank the Minister for his opening remarks on clause 56. The explanatory notes on the clause state that, as the Minister has just outlined,

“the Trafficking Directive should be disapplied in so far as it is incompatible with any provisions in this Bill.”

There are some substantial and quite technical inconsistencies here that need to be worked through, and to do so we have had to enlist legal expertise from the Anti Trafficking and Labour Exploitation Unit and others, so I thank them all for their service.

The trafficking directive is part of a suite of measures designed to combat the crime of trafficking. The EU has introduced several legislative measures to strengthen the protection of victims of human trafficking, including the 2011 EU directives on preventing and combating trafficking in human beings, and protecting victims of trafficking.

I turn first to the heading of clause 56—“Disapplication of retained EU law deriving from Trafficking Directive”. Subsection (1) refers to

“Section 4 of the European Union (Withdrawal) Act 2018”,

which saved the trafficking directive in domestic law, so that it continued to have effect on or after the UK left the EU at the end of December 2020. However, it has the opposite effect, by stipulating that any

“rights, powers, liabilities, obligations, restrictions, remedies and procedures derived from the Trafficking Directive”

that were saved cease to apply,

“so far as their continued existence would otherwise be incompatible with provision made by or under this Act.”

Therefore, our primary concern about clause 56 is that the power to disapply the rights derived from the trafficking directive will cease the rights and remedies available to victims generally as a matter of domestic or EU law that continues in force in the UK.

The world’s largest group of modern slavery researchers, Rights Lab, has argued:

“After eight years of the government’s general position being that the rights under the Trafficking Directive were already in domestic law, the choice to legislate now in the Nationality and Borders Bill—to reduce and restrict rights and entitlements through Part 4 of the Bill—and the presence of the express power to disapply them in the event of an incompatibility with the Bill in Clause 56 is concerning. The government should instead ensure that rights under the Trafficking Directive continue to apply in UK law, by incorporating it, and further, it should incorporate ECAT in domestic law and end the fragmented approach to victim identification, protection, and support.”

The clause will also threaten the Government’s ability to combat the perpetrators of human trafficking, as it will further undermine the response to criminal justice and the rights of victims of trafficking as victims of crime in the victims of crime directive and relevant codes of practice. Additional concerns have been voiced in relation to the rights under the NRM of victim identification and support and non-penalisation. For example, article 8 of the directive provides for the non-prosecution or non-allocation of penalties to victims, and requires the UK to ensure that competent national authorities are entitled not to prosecute or impose penalties on victims of trafficking in human beings for their involvement in criminal activities that they have been compelled to commit as a direct consequence of being subject to any of the acts referred to in article 2.

Therefore, that directive is clearly threatened by clause 56 and other provisions of part 1 of the Bill, including clause 51, which I appreciate is precisely why this Government want to disapply it. However, I am afraid that that is just the wrong judgment call.

In conclusion, the clause is incompatible—

[Craig Whittaker]

I am not sure whether the hon. Member is aware that the transition period for this measure finished in January, so in effect it has already been disapplied.

[Holly Lynch]

I thank the Minister for his intervention. We are into the thick of the legal technicalities. These points are from some of the leading legal experts on the subject. They are not entirely satisfied that clause 56 is compatible, and that we are not missing some of the protections that have been hard fought for, with good reason.

In conclusion, the clause is incompatible with the UK’s legal international obligations and will have far-reaching consequences. For that reason, it should not stand part of the Bill.

--- Later in debate ---

[Craig Whittaker]

Let me start with amendment 150. I would say to the hon. Member for Sheffield Central that his amendment applies to all aspects of age assessments, not only the use of scientific measures. As such, it is extremely broad, although I do not know if that remains his intention.

The Home Office takes its statutory duties towards the welfare of children very seriously. The current age assessment system is desperately in need of reform. We have heard many reports from local authorities about the prevalence of adults posing as children and claiming services designed for children, including accommodation, education and social care. This poses significant risks to the welfare of genuine children in our care system and undermines the integrity of the immigration system. Equally, we need to safeguard vulnerable children from being placed in adult services, although I am not sure I agree with the hon. Member for Sheffield Central when he said that this is headline grabbing.

We must do everything in our power—whatever that is—to safeguard children, including vulnerable and unaccompanied asylum-seeking children.

[Holly Lynch]

The Government were less enthusiastic about protecting children under part 4 of the Bill.

[Craig Whittaker]

I do not think that deserves a response because I do not believe any Member of the House, wherever he or she sits, would advocate that we leave children vulnerable in the system.

One measure we look to pursue is the use of scientific methods, as has been said. Assessing someone’s age is an incredibly difficult task. It is only right that in this complex and sensitive area we seek to improve and expand the evidence base on which decisions can be made. We are aware there are ethical concerns around the use of certain scientific methods for age assessment, which is why new clause 32 includes a number of changes to the Bill to ensure proper safeguards are in place for those who are asked to undergo a scientific age assessment.

First, the Secretary of State may only specify a scientific method of age assessment in regulations once she has sought scientific advice and determined that the method in question is appropriate for assessing a person’s age. I expect that scientific advice to also cover related ethical considerations. Secondly, a scientific method of age assessment will not be performed unless the appropriate consent is given by or on behalf of the individual on whom the method is to be performed. We will be as transparent as possible about the nature and consequences of the specified method where consent is required once an appropriate method has been identified. Thirdly, where a person has reasonable grounds for refusing to undergo a scientific age assessment, they will not be required to undertake one. That decision will not then count against them.

Nationality and Borders Bill (Sixteenth sitting)

Holly Lynch Excerpts

Committee stage
Thursday 4th November 2021 Public Bill Committees

[Neil Coyle]

The Minister says that things have improved since the court judgment and that, for example, NGOs now have more routine access. The hostel accommodation in Bermondsey and Old Southwark was open for three months before the first visit of Migrant Help on site. I am just not convinced that the Minister has given an accurate portrayal of the current picture and the real situation in a real building affecting hundreds of people in my own constituency.

[Holly Lynch (Halifax) (Lab)]

My hon. Friend is making excellent points. The Minister says there have been changes at Napier barracks since the High Court judgment, but those changes happened because of the High Court judgment, and they perhaps would not have happened had the Government not been taken to court over the use of Napier barracks and the conditions there. That is why we do not trust the Government to make the right judgment calls on the quality of accommodation, and why my hon. Friend’s new clause is important.

[Neil Coyle]

I agree with my hon. Friend. The Government routinely dodge using the term “accommodation centre” because they do not want to set up an advisory group. If they went through the formal process of designating something as an accommodation centre, an advisory group would help to resolve some of the problems that we have seen at Napier and in the hostel accommodation in my constituency, where they had an almost inevitable covid outbreak.

The Minister has not committed to a strategy. We are seeing a longer process, with routine delays for applications and appeals. We are seeing damage to people’s lives. We are seeing damage to the economy because people cannot get a job and make more of a contribution as quickly as would be possible if there were a strategy and a plan. We are leaving the taxpayer with a massive bill for the Government’s failure. Therefore, we will press new clause 27 to a vote.

Question put, That the clause be read a Second time.

--- Later in debate ---

[Holly Lynch]

I beg to move, That the clause be read a Second time.

[The Chair]

With this it will be convenient to discuss new clause 44—Independent Child Trafficking Guardians: inspection—

‘(1) The Education and Inspections Act 2006 is amended as follows.

(2) After Clause 145 insert—

“145A Inspection of independent guardians’ performance

(1) The Chief Inspector must inspect the performance of independent guardians.

(2) On completing an inspection under this section, the Chief Inspector must make a written report on it.

(3) The Chief Inspector must send copies of the report to—

(a) the Secretary of State, and

(b) Independent Guardians.

(4) The Chief Inspector must arrange for the report to be published in such manner as he considers appropriate.

(5) In this section, “independent guardians” means those appointed under section 48 of the Modern Slavery Act 2015.”’

This new clause sets out the duty for OFSTED to inspect the performance of independent guardians.

[Holly Lynch]

Before I start, I draw hon. Members’ attention to the Red Box article written by the Independent Anti-Slavery Commissioner, Dame Sara Thornton, and published in The Times today. Entitled “Rushed borders bill will fail victims of modern slavery”, it is damning. Against that backdrop, I will have another go at mitigating the worst elements of part 4 with new clause 43. I start by paying tribute to ECPAT UK and the Children’s Society, which have shared their insight and invaluable expertise in helping us to shape these new clauses.

New clause 43 would amend section 48 of the Modern Slavery Act 2015, to ensure that an independent guardian was provided for all child victims of trafficking and separated children. For clarity, I point out that when I refer to “separated children”, I am referring to migrant children who are unaccompanied. The independent guardian would be a central part of a child’s life, acting as a connection to all the support services that they required, having the ability to instruct solicitors on their behalf and representing their best interests throughout. These guardians would be experts on trafficking and modern slavery, whose purpose was to safeguard and improve the wellbeing of trafficked children, as well as ensuring that statutory services could function more effectively, securing a route both to recovery and to prosecution of those ultimately responsible for their abuse. As specified in the functions laid out in the new clause, an independent guardian would ensure that the child was informed of any relevant legal proceedings, clearly communicate the views of the child and promote the future welfare of the child based on what was in the child’s best interest.

I have cited the numbers previously, but I will remind the Committee. In 2020, 47% of referrals to the national referral mechanism were children, and of the referrals for UK-based exploitation only, 57% were children. It was the case that 51% of the referrals of children were for child criminal exploitation. According to the National Crime Agency, the increase in referrals to the NRM of British children has been driven largely by so-called county lines criminality.

A great deal of the provision in new clause 43 should already be happening and be provided for between international laws, including the UN convention on the rights of the child, the EU trafficking directive of 2011 and the Council of Europe convention on action against trafficking in human beings, as well as domestic provisions. However, the measure has been only partially adopted across the UK. The Children’s Society has supported calls for it to be enshrined in statute, stating that a guardian’s role should be independent from the state, have legal authority and have adequate legal powers to represent the child’s best interests, as well as being respected by an existing regulatory body.

As the Independent Anti-Slavery Commissioner highlighted in her annual report for 2020-21, despite clear evidence of good practice she remains extremely disappointed that six years on from the Modern Slavery Act 2015 the independent child trafficking guardian service is not yet a national provision.

There has been very much a staggered approach to roll-out, with the service still not in operation across around a third of all local authorities, several years after it was adopted in three early adopter areas in Greater Manchester, Hampshire and the Isle of Wight. That shows a real lack of urgency on the Government’s part and we echo the statement by the anti-slavery commissioner that

“access to this specialist support for children should not be a postcode lottery”.

In the year ending June 2021, the UK received 2,756 applications for asylum from unaccompanied children. The majority of unaccompanied children are cared for on a voluntary agreement under section 20 of the Children’s Act 1989, rather than under a section 31 care order, whereby the local authority has full parental responsibility for the child.

Although I pay tribute to the dedicated social workers up and down the country, in reality many social workers will not have received training on the asylum and immigration system, and may lack the skills to aid children with their immigration applications. Therefore, the new clause will provide much needed consistency and security for children who have had some of the worst possible starts in life, supporting them towards recovery and through their relationship with the relevant agencies, in the hope that we can secure child victims a degree of restorative justice, which would be a service for both migrants to the UK and UK nationals.

The report conducted by the Home Office evaluating independent child trafficking guardians supported the argument that they provide a sense of stability and continuity:

“Investing time in trafficked children’s lives by a single trusted, well-informed, reliable adult became a distinct early feature of the ways child trafficking guardians stood out from other professions.”

This is demonstrated by one young person who responded to the evaluation. Speaking about their guardian, they said:

“She is so amazing... I don’t know if they’re all like that, but for me it was different, because I told her things that I haven’t told my social worker and that was beneficial. I think that’s because of her personality...she seems really open, I can talk to her about anything.”

Police offers working to combat exploitation and help young people told me recently that they were becoming aware that the drive to keep young people out of police cells for all the right reasons had led to instances where children were arrested in possession of, say, drugs and cash. Rightly, the police would have taken those items from the children before they were released, pending further inquiries, but before proper consideration of their circumstances could be made.

Officers identified that children and young people were having to go back to serious criminals to inform them that they no longer had their drugs or cash, without any of the risks to them having been identified and without safeguarding support having been wrapped around them. Thankfully, those officers were working through the best practice alternatives, but those are the types of scenarios where guardians would be able to play an invaluable role.

It is notable that the devolved nations have been far more proactive in this area, with Scotland having made greater progress and Northern Ireland introducing a comprehensive independent guardians model, which provides an individualised service for all separated children. If we are to consider the UK a world-leader in combating modern slavery, I ask the Minister to put into primary legislation what should already be happening, as a means of addressing the gaps in provision, which will help us to do what is right for these children as well as assisting the authorities in identifying and apprehending perpetrators of some of the most heinous crimes.

New clause 44 would ensure that the provision of independent child trafficking advocates is subject to an inspectorate regime. As colleagues may be aware, the measure is currently not subject to an inspection framework, which is applied to other services for children under the Education and Inspections Act 2006. We believe than an inspection framework is necessary to ensure that Ofsted can inspect the quality and effectiveness of the service.

In conclusion, I find it hard to believe that any colleagues do not support the aims and objectives of the new clause, which builds upon the commitments in the Modern Slavery Act 2015. As the campaign group Every Child Protected Against Trafficking UK has highlighted, those who are eligible under new clause 43 may have had to flee their country due to conflict and may have faced exploited en route to the UK. Others may be British children in the care system, who have been let down by the adults around them. There is a breadth of vulnerability here and we believe that the new clauses better acknowledge and cater to all child victims’ physical and psychological needs. I hope that the Minister shares the ambition behind the new clauses and understands the need for all trafficked and separated children to be recognised and supported within primary legislation.

[Tom Pursglove]

I thank hon. Members for tabling their new clauses. They have raised important issues about the support available for child victims who have faced the most heinous crimes. Independent child trafficking guardians are an independent source of advice and support for potentially trafficked children, irrespective of nationality, and somebody who can advocate on a child’s behalf. Provision for the independent child trafficking guardian already exists in section 48 of the Modern Slavery Act 2015, as does the requirement to make regulations.

The Government have developed detailed policy for the provision of this service, which is set out in the interim independent child trafficking guardians guidance, published under section 49 of the Modern Slavery Act 2015. This guidance is kept under review through consultation with stakeholders. The correct place for the detail regarding the function of the service is in guidance, rather than, as new clause 43 suggests, the legislation itself. That enables the Government to respond flexibly to best practice and victims’ needs. The guidance is clear that acting in the child’s best interests must always be a primary consideration for the service.

New clause 43 would also ensure that an independent child trafficking guardian can continue to provide support to a child until the age of 25, to the extent that their welfare and best interests require such an appointment. Following a recommendation from the independent review of the Modern Slavery Act, the Government are currently trialling the provision of support, when appropriate, to individuals beyond the age of 18 in London, West Yorkshire and Warwickshire. An independent evaluation will look at the added value of implementing that change and consider appropriate next steps. The new clause would expand the scope of the independent child trafficking guardian service to all separated children when there are already existing provisions for separated children to receive support and assistance through other means.

I assure the Committee that the Government take their responsibility for the welfare of unaccompanied children extremely seriously. We have comprehensive statutory and policy safeguards in place for caring for and safeguarding unaccompanied asylum-seeking children in the UK, including those who are victims of trafficking. When an unaccompanied asylum-seeking child becomes looked after by a local authority, they are entitled to the same level of support and care from their local authority as all looked-after children. Under these arrangements, a looked-after child must be provided with access to education, healthcare, legal support and accommodation. They will be allocated a social worker who will assess their individual needs and draw up a care plan that sets out how the local authority intends to respond to the full range of those needs. Our record demonstrates the Government’s determination to ensure that unaccompanied children and child victims of modern slavery are appropriately safeguarded and have the support they need.

[Holly Lynch]

Will the Minister give way?

[Tom Pursglove]

I am conscious that we need to make progress, but I will take a quick intervention.

[Holly Lynch]

I am grateful. I do not dispute that the provision already exists in legislation for independent child trafficking guardians; my dispute is that, as we have heard, they are not available in reality for a third of the country. If the Minister is saying that we do not need a requirement in legislation to do this, how does he plan to ensure that those guardians are available right across the country?

[Tom Pursglove]

If I may, I will write to the Committee. I have undertaken to write to the Committee with more information in relation to another matter we discussed earlier, and I am very happy to provide more information to the Committee in answer to that question.

Turning to new clause 44, I appreciate that appropriate methods of assessing the effectiveness of independent child trafficking guardians are required. The current independent child trafficking guardian service model is informed by the findings of the evaluation of early adopter sites, published in July 2019, and the evaluation of the regional practice co-ordinator role, published in October 2020. The provision of independent child trafficking guardians in section 48 of the Modern Slavery Act 2015 provides the Secretary of State with a duty to make such arrangements considered reasonable to ensure that specialist independent child trafficking advocates are

“available to represent and support children who there are reasonable grounds to believe may be victims of human trafficking.”

Section 48(6) places a duty on the Secretary of State to make regulations about independent child trafficking advocates, which must include the circumstances and conditions under which a person may act as an independent child trafficking advocate, arrangements for the approval of the appointment of such advocates, the timing of appointment and the advocates’ functions. As mentioned earlier, the roll-out of the independent child trafficking guardian service is being informed by the findings of the evaluation of early adopter sites. As such, regulations will be brought forward in due course.

Independent child trafficking guardians are now operating in two thirds of all local authorities in England and Wales, as the hon. Lady said. It is important that the provision is able to support those vulnerable children appropriately, and it is precisely for this reason that a staggered approach has been adopted, with built-in evaluations along the way. We will continue to monitor closely the independent child trafficking guardian service to ensure practitioners are acting in the child’s best interests and that resource is being allocated appropriately. We will adjust guidance as needed to ensure that these vulnerable victims are protected and supported to recover from their exploitation. For the reasons I have outlined, I invite the hon. Lady not to press her new clauses.

[Holly Lynch]

I live in hope that anyone who can run a marathon for Justice and Care would understand the value of the independent child trafficking guardians and the victim navigators, and with that in mind, I very much look forward to the Minister’s further commitments in writing. If we are not satisfied, we will come back to this issue on Report, but I trust that he will do everything he can on those two fronts. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 46

Permission to work for people seeking asylum

“(1) The Immigration Act 1971 is amended as follows.

(2) After section 3(2) (general provisions for regulation and control) insert—

‘(2A) In making rules under subsection (2), the Secretary of State must make provision for persons seeking asylum, within the meaning of the rules, and their adult dependants to have the right to apply to the Secretary of State for permission to take up employment, including self-employment and voluntary work.

(2B) Permission to work for persons seeking asylum and their adult dependants must be granted if—

(a) a decision has not been taken on the person’s asylum application within six months of the date of that application, or

(b) a person makes a further application which raises asylum grounds and a decision on that new application, or a decision on whether to treat such further asylum grounds as a new application, has not been taken within six months of the date on which the further application was made.

(2C) Permission for a person seeking asylum and their adult dependants to take up employment shall be on terms no less favourable than the terms granted to a person recognised as a refugee.’”—(Bambos Charalambous.)

This new clause amends the Immigration Act 1971 to allow people seeking asylum to be granted permission to work after 6 months.

Brought up, and read the First time.

[Bambos Charalambous (Enfield, Southgate) (Lab)]

I beg to move, That the clause be read a Second time.

I will try to be brief in the interests of time. I thank the Lift the Ban campaign for its sterling work on why this new clause is so necessary and why it would be so beneficial. Current immigration rules dictate that asylum seekers can apply for permission to work only if they have been waiting for a decision for over 12 months and only for jobs that are on the Government’s highly restrictive shortage occupation list, which includes professions such as classical ballet dancer and geophysicist. That has not always been the case. Until 2002, people were able to apply for permission to work if they had been waiting for a decision for more than six months. Only in 2010 was the right to work restricted to jobs on the shortage occupation list.

Today, 76% of people waiting for a decision on their asylum claim have been waiting for more than six months, according to the Government’s latest immigration statistics. During the long waits for claims to be processed, people seeking asylum are unable safely to protect themselves and provide for their families. They are forced to depend on the pitifully low asylum support payments of £5.66 a day, and people must often choose between essential items of food, medicine and cleaning products while being prohibited from using their skills and experience.

Work provides a route out of poverty, and there would be a big economic benefit from lifting the ban. The Lift the Ban coalition has calculated that, if 50% of those currently waiting more than six months for a decision on their claim found work, the net economic benefit from increased tax and national insurance contributions and from lower asylum support payments would be £178 million per year. Lifting the ban also has widespread business backing. In 2019, the Lift the Ban coalition polled 1,000 businesses for their views on whether people seeking asylum should have the right to work, and 67% of the businesses polled agreed.

In addition, lifting the ban would bring the UK into line with policy in all other comparable countries. Lifting the ban also makes sense in the covid-19 pandemic or post-pandemic context in which we find ourselves. The skills and desire to work possessed by many stuck in the asylum system could have been invaluable during the recent covid-19 crisis. Very importantly, lifting the ban would support integration. It stands to reason that early access to employment increases the chances of smooth economic and social integration by allowing people to improve their English, acquire new skills, and make new friends and social contacts in the wider community. Crucially, it enables them to be self-sufficient. The policy is also popular with the public. According to Lift the Ban coalition’s research conducted in 2018, 71% of the public support lifting the ban.

[Holly Lynch]

My hon. Friend is making a powerful speech. I intended to speak in full in favour of new clause 46, but I will just make an intervention. On that 71% figure, he will be aware that Lift the Ban conducted research in every constituency across the country. Bearing in mind that 73% of the people of Eastleigh, 72% of the people of Calder Valley and 66% of the people in the constituency of the hon. Member for Stoke-on-Trent North support ending the ban on the right to work, does my hon. Friend share my hope that the hon. Members for those areas will reflect on the public’s support for new clause 46?

[Bambos Charalambous]

My hon. Friend makes an excellent point and I hope beyond hope that hon. Members will support our new clause.

In December 2018, the then Home Secretary stated that a Home Office review of the policy would be taking place. Subsequent contributions in 2019 from the Prime Minister and Home Office Ministers confirmed that the review would continue under the new Government, but to date no detail has been provided regarding the content or methodology of that review. The Government have appeared divided in their own ranks on the issue. In recent months, senior Cabinet Ministers have expressed disquiet about the Government’s position. Surely, it is therefore time that the Government listen to voices from across the political spectrum on this issue and do the right thing by adopting our clause on lifting the ban on work for people seeking asylum.

--- Later in debate ---

[Holly Lynch]

I beg to move, That the clause be read a Second time.

In the same spirit as new clauses 43 and 44, new clause 51 sets out the duty for local authorities to make arrangements for child victims of modern slavery, with a view to prevent their retrafficking, by amending section 22 of the Children Act 1989. As things stand, an unaccompanied child will become looked after by the local authority if they have been accommodated by the local authority for 24 hours under section 20 of the Children Act 1989. This will mean that they will be entitled to the same local authority provision as any other looked-after child. The Care Leavers (England) Regulations 2010 set out duties regarding care leavers and require that those duties are fulfilled with regards to the child’s circumstances and needs as an unaccompanied or trafficked child. The regulations apply to all children, regardless of their immigration status, nationality or documentation.

As we have heard previously, child victims of modern slavery are at increased risk of going missing and being retrafficked. In 2017, as many as one in four identified trafficked children were reported as having gone missing. The average missing incidents for each trafficked child have increased from an average of 2.4 times to 7.4 times between 2014-15 and 2017. The new clause therefore seeks to bring clarity to the duty on local authorities to protect victims, particularly those at risk of retrafficking. Subsection (2) highlights that there is a need to ensure that accommodation is a serious consideration for child victims. We know that concerns have been raised about the lack of agreed safety standards for accommodating child victims of trafficking, which can include the use of residential homes, shared flats and houses, bed-and-breakfast emergency housing and foster care.

In 2017, the Home Office and the Department for Education commissioned a report that found that there was

“limited availability of specialist provision”

and

“a lack of resources and specialist knowledge within local authorities and partner services.”

The report identified the placement of non-EEA migrant children in “semi-independent accommodation”, such as

“supported accommodation and/or shared housing”,

as being a cause for concern. Since the report was published, the Government have outlawed the provision of accommodation without care and supervision for under-16s, but they have continued to allow such provision for 16 and 17-year-olds.

A recent serious case review has further highlighted the problems of local authorities arranging inappropriate placements for children, and the impact of failing to conduct full risk assessments for both the needs of the child and the accommodation itself. Sarah was a looked-after child in the care of Worcestershire social services, and she died in independent accommodation away from her home borough in June 2019, at the age of 17. From an early age, Sarah had suffered from epilepsy, which had been managed by medication. In 2017, Sarah became a looked-after child under a voluntary agreement between the local authority and her parents, which meant that both Sarah’s parents maintained parental responsibility. Sarah became looked after and was accommodated with foster carers, but when these placements broke down, she resided in residential accommodation and then had semi-independent living arrangements.

Over a period of time, there were numerous occasions where Sarah was reported as missing from the placements. There were concerns regarding Sarah’s vulnerability and the effect of her medical condition. There were also concerns regarding Sarah’s relationships with older men, particularly her relationship with one man. Sarah was considered to be at risk of being criminally and sexually exploited. Sarah tragically died, having suffered a seizure at the home address of the older male in question in 2019, aged just 17. It is an incredibly sad case study and serves as an example of what can happen if the needs of vulnerable victims are not thoroughly assessed.

Currently, there is statutory guidance that outlines a local authority’s duties, such as the Department for Education’s guidance for local authorities, which was updated in 2017, entitled “Care of unaccompanied migrant children and child victims of modern slavery.” It states that:

“Local authorities have a duty to protect and support these highly vulnerable children. Because of the circumstances they have faced, unaccompanied migrant children and child victims of modern slavery, including trafficking, often have complex needs in addition to those faced by looked after children more generally. The support required to address these needs must begin as soon as the child is referred to the local authority or is found in the local authority area. It will be most effective where this support is provided through a stable, continuous relationship with the child.”

We unequivocally support the sentiments and measures incorporated in the guidance, but it should be strengthened through the adoption of the new clause, which would create a duty for local authorities to consider the risk of retrafficking and safeguard against children going missing. I have already made the case for the need, highlighted in subsection (3), for local authorities to work closely and consult independent guardians before making decisions on behalf of the child.

There is a clear, urgent need for the new clause, given the vulnerability of such children. There is also a practical requirement, given that, for multiple local authorities, missing, trafficked or unaccompanied children account for a significant proportion of the children they look after—in the case of one local authority it was as high as 15%. The new clause seeks not only to raise awareness of the needs of child victims but to provide greater definition on the role of local authorities in meeting such needs.

As this is likely to be the last time that I will be on my feet in the Committee, with your permission, Ms McDonagh, may I put on record my sincere thanks to the Children’s Society, ECPAT UK, the British Red Cross, the Immigration Law Practitioners Association, the Anti Trafficking and Labour Exploitation Unit, the Independent Anti-Slavery Commissioner, Dame Sara Thornton, and all the hard-working, dedicated frontline police officers disrupting modern slavery? I am eternally grateful for all their expertise. Finally, I thank Isabelle Bull from my team, who has worked like a trojan in preparation for the Bill, as well as the incredible Clerks of the House.

[Tom Pursglove]

I, too, am grateful to the hon. Lady for the constructive way in which she has gone about her work on the Committee. I know how passionate she is about these issues.

Support for potential victims, including children, is a fundamental pillar of our approach to assisting those impacted by the horrendous crime of trafficking and modern slavery and reducing the risk of such victims being retrafficked. As the Committee may be aware, independent child trafficking guardians are an independent source of advice and support for potentially trafficked children, irrespective of nationality, and they can advocate on a child’s behalf. So far, the Government have rolled out the service to two thirds of local authorities across England and Wales. We have developed detailed policy for the provision of the service, which is set out in the interim independent child trafficking guardians guidance published under section 49 of the Modern Slavery Act 2015. The guidance is kept under review through consultation with stakeholders.

Within the guidance, the Government are already clear that acting in the child’s best interests must always be a primary consideration for the independent child trafficking guardian service. We are also clear that independent child trafficking guardians must be invited and provided with the opportunity to take part in all agency meetings and discussions that relate to and impact on the children that they are supporting. That is the correct place for detail on the function of the independent child trafficking guardian service. By keeping that detail in guidance—rather than putting it in legislation, as the new clause would—the Government can respond flexibly to best practice and victims’ needs.

Local authorities are responsible for safeguarding and promoting the welfare of all children in their area, including child victims of modern slavery. The “Working Together to Safeguard Children” statutory guidance is clear that the individual needs of children, including the risk of re-trafficking, should be taken into account when determining their recovery needs. That is to ensure that safeguarding processes and multi-agency support can be put in place to protect and prevent harm to children at risk of a range of exploitation harms and abuse. The approach enables us to focus on a range of exploitation harms, whereas the new clause would stipulate that we focus specifically on the risk of retrafficking. Although I am sure that that was not the new clause’s intention, prioritising safeguarding against the risk of retrafficking could consequentially lead to the prioritisation of action against specifically the risk of retrafficking in place of other risks, which would inherently pose a risk to individuals whose risk of retrafficking may not be the primary consideration. With that, I encourage the hon. Lady not to press her new clause.

[Holly Lynch]

I think I followed what the Minister said and that he heard my concerns about some of the gaps in the provision. I will look to that statutory guidance for further detail. I will not press the new clause, so I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 52

Effect of British National (Overseas) visas

‘(1) Within six months of this Act being passed, the Secretary of State must commission and lay before Parliament an independent assessment of the effect of British National (Overseas) visas and the Government’s implementation.

(2) The Secretary of State must appoint an Independent Chair to conduct the assessment.

(3) The assessment must consider such matters as are deemed appropriate by the said Independent Chair.’—(Bambos Charalambous.)

This new clause would require the Government to publish an independent assessment of the effect of the British National (Overseas) visa scheme.

Brought up, and read the First time.

[Bambos Charalambous]

I beg to move, That the clause be read a Second time.

We believe that the new clause is needed because there is clear evidence that the British national overseas scheme may not end up working as it was intended. That is particularly the case for young Hong Kong nationals. As everyone on the Committee knows, the BNO scheme has, in theory, been designed to offer a path to citizenship for Hongkongers. This was particularly designed in the wake of Beijing’s national security law being imposed last year, which has led to Hongkongers facing police brutality and severe repression. Although we in the Opposition therefore very much welcome attempts to support all those facing repression in Hong Kong, we believe that there is a need to examine how the BNO visa scheme is operating in practice and whether it is having the desired effect.

As the Home Affairs Committee pointed out in July, there are reasons for concern about individuals and groups who may be missing out on offers of support. There remain worrying gaps in the offer of support, and loopholes in the way that the BNO scheme may be implemented. That is particularly the case for younger pro-democracy activists in Hong Kong. It is evident that people under the age of 24 cannot benefit from the BNO visa scheme because of how it has been defined. That is because younger people do not hold BNO passports, which were issued in 1997. The BNO scheme requires that applicants hold a BNO passport. Those documents were issued to citizens following the handover of Hong Kong from the UK to China in 1997. Obviously, that means that a lot of people will be excluded from the scheme even if their parents or older siblings would qualify for it.

As a result of that, some people who have fled police brutality are now battling with the sclerotic and inefficient UK asylum system. That is simply because they are arbitrarily excluded from the Home Office settlement route due to their age. It has nothing to do with the validity of their claims, the severity of the oppression that they have experienced or the danger that they face in Hong Kong. All of those would have qualified them for a BNO visa had they been lucky enough to have been born a little earlier.

As we know, there are huge problems with the UK asylum system. We know that the average waiting time for an initial decision on an asylum case in the UK is between one and three years. Last week, some young Hongkongers told The Independent newspaper that they have been waiting for a year or more for a decision. Of course, the current inhumane rules of the Government’s hostile environment also mean that these same young people are banned from working, and often prevented from studying, while waiting for a decision. As Johnny Patterson, policy director of Hong Kong Watch, said, these Hongkongers in the asylum system are subjected to an “agonising wait”. Furthermore, the ban on them being able to work is undermining their chances of integrating in the UK.

The problem is only going to get worse unless it is tackled head on. Home Office figures show that there were 124 asylum claims from Hong Kong nationals in the year to June 2021, compared with 21 the year before and just nine in the 12 months to June 2019. It is even more concerning that 14 of those claims in the past year were unaccompanied minors, marking the first time on record that the UK has received asylum claims from children from Hong Kong.

We believe that the BNO visa scheme should be independently assessed to take account of the realities on the ground in Hong Kong. The truth is that it tends to be young people who were at the forefront of demonstrations to defend democracy and who are therefore likely to face the most repression. As well as that, people who are here under the BNO visa scheme have raised a number of concerns, such as their qualifications not being recognised, access to work, formal access to English language classes, and access to housing and banking services because they do not have a credit or renting history. There are also concerns about the lack of co-ordination between Government and local authority services. There are lots of reasons, therefore, why a review is needed.

It may well be the case that older parents wish to remain in Hong Kong while their children need to flee because they are in greater danger. Although the scheme allows applicants to bring relatives, including adult children, with them to the UK, the reality is that many young people will need to flee alone. They cannot rely on the parents coming to the UK who would have made their claim valid under the BNO scheme. We think it would be worth the Government exploring a revision of the scheme so that a child of a BNO Hong Kong citizen could make an application independently of their parents.

If such anomalies remain unaddressed, it will be deeply unfair on young Hongkongers. It is those young people who have often been on the frontline of the pro-democracy protests opposing the Chinese Government’s unlawful power grab. If they remain excluded from the BNO route for reasons entirely beyond their control, they will face an agonising wait in the UK asylum system, which we all know is beset with huge delays.

Given the UK’s deep connection to Hong Kong, should we not be offering a life raft to all Hongkongers who need one? The Opposition believe that the Government should accept independent scrutiny of the BNO scheme, with a view to exploring such steps as allowing children of BNO visa-eligible parents to make independent applications, provided there were evidence of their parents’ status, of course.

Nationality and Borders Bill

Holly Lynch Excerpts

Report stage & 3rd reading
Wednesday 8th December 2021 Commons Chamber

[Mr Speaker]

I call the shadow Minister, Holly Lynch.

[Holly Lynch (Halifax) (Lab)]

Thank you, Mr Speaker.

It is a genuine pleasure to follow the powerful contribution from the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith). I will come to the merits of his new clause, but let me start by congratulating my right hon. Friend the Member for Kingston upon Hull North (Dame Diana Johnson) not just on the new clause and amendments that she has tabled, but on receiving her damehood at Windsor Castle yesterday. There could be no more fitting tribute in recognition of her services to politics and her community, and I was delighted to see her collect that recognition yesterday.

We have grave concerns about part 5 of the Bill, which would introduce detrimental changes in modern slavery provisions and the national referral mechanism. New clause 3, tabled by my right hon. Friend, has our backing for all the reasons that she outlined. I would struggle to find a more heinous crime than moving another human being across borders, or across the country, in order to force them to have sex and for their abuser to make a profit. Given the utterly depressing rises in this type of criminality and exploitation, my right hon. Friend will have our full support if she is minded to press the new clause to a vote.

Provisions in part 5 will make it harder to identify, safeguard and support victims of modern slavery in securing prosecutions against their abusers. Our new clause 6 will ensure that no child victim of trafficking or modern slavery is denied protection because of those provisions. The new clause follows the many battles that we had in Committee in calling on the Government to hear the pleas of organisations such as The Children’s Society and Every Child Protected Against Trafficking, and those of the Independent Anti-Slavery Commissioner, Dame Sara Thornton, and to recognise the vulnerability of child victims of trafficking and modern slavery, something that they have failed to do throughout the Bill’s passage so far.

The Government have sought to suggest that a fear of the national referral mechanism being abused warrants the introduction of barriers to accessing it. I remind them that the Home Office’s own statistics show that, of the 10,613 potential victims of modern slavery referred to the NRM last year, 47% were children. There was a 10% increase in the number of child referrals last year, and the single biggest type of exploitation was criminal exploitation. The Home Office’s own publication states:

“For those exploited as children, an increase in the identification of ‘county lines’ cases has partially driven the rise in the number of cases categorised within the ‘criminal exploitation’ category, with 40% of all child referrals for criminal exploitation being flagged as county lines.”

It is clear that children who are the victims of vicious county lines gangs will be among those most detrimentally affected by these changes. Just this week, we heard that the Government were getting tough on county lines gangs, but if they pass these proposals today unamended, child victims trapped by those gangs will be met with unnecessary barriers to both freedom and justice.

[Mr Bone]

The hon. Lady is talking about an exceptionally important issue, the trafficking of children. While we in this country probably lead the world in looking after adult victims, we fail our child victims. Do the hon. Lady and her party support a revision of that situation, so we can protect children in the same way that we protect adults?

[Holly Lynch]

As the Minister will recall, we pushed for that time and again in Committee. The Bill makes no distinction between adults and children who are victims of trafficking and slavery. That failure to recognise the age-related vulnerability of a child constitutes a glaring omission, and I welcome the hon. Gentleman’s support for seeing what else we can do to press the issue during the Bill’s subsequent stages.

If the Government require any further persuading, the legislation in its current form contravenes their own existing statutory guidance, which states:

“Whatever form it takes, modern slavery and child trafficking is child abuse and relevant child protection procedures must be followed if modern slavery or trafficking is suspected.”

The changes introduced in the Bill mean that a child can only access protection from abuse if they disclose details of their trauma, against a Home Office-mandated timeline, or else have their credibility as a victim discredited, and can only access NRM support if they are not deemed to be a threat to public order as outlined in clause 62. The Government’s own guidance rightly says that a child who has been trafficked must be protected—no ifs, no buts, which means no clause 57, no clause 58 and no clause 62. I urge the Government to rethink all the modern slavery provisions, but as a minimum, in order merely to deliver on their own commitment to the general public this week, to adopt our new clause to prevent changes that would leave children more vulnerable to criminals and traffickers.

I want to make clear our support for independent victim navigators, who have already been mentioned by other Members. New clause 30 seeks to build upon the successful pilot programme launched by Justice and Care in 2018, which has now been extended, with eight victim navigators currently in post in five different police forces. I recently had the opportunity to visit the modern slavery team at West Yorkshire police with Justice and Care to gain a better understanding of the incredibly impressive work undertaken by those navigators in providing vital support to victims to rebuild their lives, which is what then facilitates prosecutions. An interim report has shown that, up to June 2021, the programme has provided strategic advice to 392 modern slavery investigations and given intensive support to 202 victims. Significantly, 89% of the victims supported by those navigators have chosen to engage with police investigations, compared with just 33% nationally, and 120 suspected exploiters have been arrested in cases supported by victim navigators. I know this is something we can all celebrate.

Nationality and Borders Bill

Holly Lynch Excerpts

Consideration of Lords amendments
Tuesday 22nd March 2022 Commons Chamber

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. Before I call the shadow Minister, I should say that I will need to impose a time limit, which will probably start off at five minutes. Apart from Members who have an amendment down, I will be prioritising those who did not speak in the previous debate.

[Holly Lynch (Halifax) (Lab)]

It is a pleasure to be responding for Labour to this second group of Lords amendment to the Bill, and I want to start by joining others in paying tribute to those who lost their lives or were injured in, and all those who responded to, the attack on Westminster five years ago today. I pay particular tribute to PC Keith Palmer and thank all those who work so hard to keep us safe every day.

I intend to keep my remarks tightly to the amendments before us, particularly Lords amendments 24 to 27, but I want to start by again expressing regret that modern slavery provisions have been included in a Bill on immigration. Members might remember that on Report I was intervened on only by Conservative MPs seeking to agree with me—which is certainly unusual—that the provisions in the Bill on modern slavery will only take us backwards. If this Bill passes unamended we will identify and protect fewer victims of modern slavery and identify and prosecute fewer perpetrators. That is not only our view: the Independent Anti-Slavery Commissioner has been fierce in her opposition to a number of the changes, and Caroline Haughey QC, one of the leading legal experts in this area, has said this Bill will

“catastrophically undo all that has been achieved in the 10 years since the first modern slavery prosecution.”

Lords amendment 27 seeks to exempt child victims from the most damaging of the Bill’s provisions and ensure that all decisions are made in their best interests. Throughout the passage of the Bill we have voiced our concerns that the Government fail to recognise that identifying victims of modern slavery or human trafficking is a safeguarding, not an immigration, matter. Last year, 43% of victims referred to the national referral mechanism were children, with 31% of them being British, and the rise in county lines gangs is believed to be one of the biggest drivers of the rise in child referrals.

This amendment must also be considered in light of what is currently happening in Ukraine and the reports by charity and aid agencies on the ground of the heightened risks of children being exploited and trafficked along the Ukrainian border and in neighbouring countries, such is the flow of people away from the Russian bombardment. If the Minister is not minded to strike part 5 from the Bill and work with the sector and us on genuine alternatives, he must protect children from the worst of the changes, which only put barriers between victims and the support and justice they need and deserve.

If the Government are to deliver on their own promise of smashing county lines, they must accept Lords amendment 27. The Government’s own existing statutory guidance states:

“Whatever form it takes, modern slavery and child trafficking is child abuse and relevant child protection procedures…must be followed if modern slavery or trafficking is suspected.”

Under the changes introduced in the Bill a child can access protection only if they disclose details of their trauma against a Home Office-mandated timeline, and can access NRM support only if they have no public order offences in their background. The Government’s own guidance rightly says that a child who has been trafficked must be protected, no ifs, no buts—which means no clause 63, no clause 66 and no clause 67 as a condition of support on recognition as being a victim. As a minimum, in order for the Government just to adhere to their own guidance and protect child victims of trafficking, they must adopt Lords amendment 27 to prevent changes that would leave children more vulnerable to criminals and traffickers.

In Committee, at the 12th sitting, the Minister stressed that the Government’s view was that it would somehow be unfair to establish a system that distinguishes between a child and an adult, and he has repeated that sentiment today. He said in Committee:

“To create a carve-out for one group of individuals would create a two-tiered system based on the age at which exploitation may have taken place”,

and went on to say that it

“would not be appropriate or fair to all victims.”––[Official Report, Nationality and Borders Public Bill Committee, 28 October 2021; c. 484.]

I am afraid that is just absurd: we differentiate between children and adults throughout domestic legislation, recognising the age-related vulnerability of children, and it is the very basis of the Government’s own age assessment proposals in the Bill. Child victims have rights to protection under the United Nations convention on the rights of the child and the Council of Europe convention on action against trafficking in human beings, and it is there in the Government’s own guidance. If the Minister is really trying to tell us that the Government do not like creating two-tier systems given what else the Bill does, we are simply not having it. I urge the Government to follow their own guidance, recognise that child victims of trafficking are victims of abuse and adopt Lords amendment 27.

--- Later in debate ---

[Richard Fuller]

To maintain the hon. Lady’s record of Conservative interventions that are somewhat supportive, is not what she has just said about that 48% the answer to the question I posed to my hon. Friend the Minister? Under the Bill as presented, the Home Office will be required to intervene in half the cases to make the very difficult judgment whether to exclude or not exclude. Does that not open us up to a huge amount of potential risk?

[Holly Lynch]

I thank the hon. Gentleman for that helpful contribution. As we learn more about county lines gangs and their operating model, we see more and more young people and children subject to the worst exploitation by some of the vilest criminal gangs. Those are the children who are referred into the national referral mechanism. They have been encouraged, exploited and forced to commit crimes as part of their exploitation, so if we are to bust those gangs they are the children we need to be looking after and supporting, and we need to support them through the prosecutions of their abusers. That 48% were criminally exploited, so we must ensure that children who have been victims of county lines gangs have protection.

It will drive more people underground and make it significantly harder for the police and authorities to investigate the perpetrators of human trafficking without the trust and support for victims in place. It also sends a clear message to perpetrators of human trafficking that they are free to exploit vulnerable people with a criminal record, knowing they will now be exempt from protection. Clause 62 represents a massive step backwards in our shared ambition to see more traffickers before the courts if it passes unamended.

Lords amendment 26 removes clause 64 and introduces a minimum 12 months leave to remain, and tailored support for all individuals who have been found to be confirmed victims of modern slavery. To demonstrate how difficult it still is to have your migration status resolved upon recognition of your exploitation, data obtained from the Home Office shows that in 2019-20 only 2%, or 17 out of 754, of child victims of modern slavery in the UK were granted discretionary leave to remain. The amendment would ensure that victims are provided with protection, support, security and stability to support their recovery in a way that promotes engagement with police and prosecutors. This proposal has gathered significant cross-party support, and I wish to highlight the work that has been conducted across the House and in the other place, specifically by the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith) and Lord McColl. On the Labour Benches, we strongly support the amendment. Once again, it is frustrating that the Government have failed to listen and to act on the commitments they made in earlier stages of the Bill in this place.

Just last week, the Court of Appeal rejected the Government’s attempt to overturn the High Court ruling last October that granted thousands of victims of human trafficking leave to remain. During the court case, the Government stated that they want to ensure the Government are in keeping with the European convention on action against trafficking in human beings, yet that differs from what the Government have argued in both Houses. That would have a considerable impact, given that 91% of conclusive grounds decisions made in 2021 were positive, which means the Home Office deemed the individuals to be confirmed victims of modern slavery.

In conclusion, the amendments seek only to bring the Bill closer to adhering to the Government’s own guidance and best practice on supporting vulnerable victims of modern slavery and trafficking. There are others, but I have made the case for Lords amendments 24, 25, 26 and 27, all of which would significantly improve the proposed legislation before us. Lords amendment 22 also has our full support. The sector has been unified in its condemnation of the initial measures contained within that section of the Bill and there has been overwhelming evidence in support of the Lords amendments at every stage. The most recent number of referrals to the NRM was 12,727, representing a 20% increase in referrals compared to the previous year—the highest number of referrals since the NRM began. That is a deeply worrying trend and more must be done to tackle this abhorrent crime that continues to see shockingly low prosecution rates.

All sides of the House have worked to end the abhorrent crime that is modern slavery. We should be seeking to build on the Modern Slavery Act 2015 and on our commitments in that legislation. We want to work with the Government, as do the sector and the victims themselves. I therefore strongly urge the Government to think again and accept the Lords amendments.

[Sir Iain Duncan Smith]

I will not be very long, because what I am going to speak about is quite narrow and I know others want to speak.

Just before 2015, the Centre for Social Justice produced the report that persuaded the Government, of which I was a member, to be the first in the world to introduce legislation on modern day slavery. I could not have been prouder of this place when the Bill passed. It has been a signal that has gone around the world and others have followed suit. Let me put this issue into context. We should be pushing to make the Modern Slavery Act 2015 even more focused and even better, but my suspicion is that some are looking at it and saying, “This is full of ways to come in illegally through the backdoor.” I must say to my hon. Friend the Minister that I just do not think that that is the case here.

I am speaking to my amendments (a) and (b) in lieu of Lords amendment 26. I understand the Government’s concerns with the way it was framed in the other place, but I would rather have debated it at some length to try to ensure it was better written.

The point that I want to make is narrow. My amendment, which I know we cannot vote on, so this is a debating point, would add this key element: those who have got through the NRM, which is difficult enough as it is, are clearly victims of modern slavery and we therefore need to be generous to them. One of their problems, which we have discovered through all sorts of mechanisms, is that they have suffered trauma and real problems, and they are discombobulated and frightened. They therefore find it difficult to co-operate with authority. Many of them have fled authorities that are responsible for the penalties that they have suffered under, so they need more time.

The police say, “We need more time to settle such people so that we can get prosecutions.” We consulted on 12 months and the police were very clear, saying, “If you introduce 12 months as a minimum, we will get many more prosecutions. We will start to round up some of these gangs and we will get on top of this. At the moment, we cannot get individuals to give evidence. They are frightened that they will end up back on the street and that these people will get them.” There is a logic to this change that is in keeping with the aim of the Bill, which is to make sure that those who traffic people are arrested and prosecuted. That is what it is all about.

I have heard some say that there is an increase in the number of people coming into the NRM, which therefore suggests that this change will become a pull factor. First, whether we agree or disagree about the 12 months being a pull factor, relatively, the numbers are absolutely tiny compared with the number of asylum claims. Secondly, the 12 months cannot be a pull factor because there is already a period of time after the NRM anyway. Is the idea that someone is thinking “I will go after the NRM because I am an illegal and I will find a way of delaying that because then I get the extra 12 months.”? That is not the point. The 12 months are there because when someone is through that, they must be a victim of modern slavery. The debate is not about whether people are victims of modern slavery; they are victims of modern slavery. The question is what is the best way to treat them to ensure that they get the best outcome and that, in return, we get the best outcome in terms of prosecutions.

Let me make this point to the Minister—we debated this issue on Third Reading. I think that he and the Government get it, but that they get a certain amount of pushback about whether there is some kind of pull factor. The point about the pull factor has been made so often. It is a bit like “Dr Dolittle” and the “pushmi-pullyu” concept—it depends who people are getting this from and which angle they take.

The truth is that I am not even going to argue about pull factors. I will simply say that the purpose of this amendment, which we cannot vote on tonight, is to enable the Government to debate this issue with me carefully so that in the other place, they will table an amendment that enshrines the 12-month minimum in legislation. The guidance will take forever to come through and, anyway, it is not binding—it is guidance. Somebody who has a bad attitude will not stick to the guidance. They will go for de minimis and I do not want them to do that. De minimis should be 12 months in legislation. If we believe in this, it will be a beacon. We should be proud of what we are doing.

In conclusion, if I could get on bended knee, I would beg my Government—please, please—to think of putting back in in the other place a 12-month minimum after someone has completed the NRM. There are lots of things that I do not particularly like in the Bill, but if we can do that, I will take a self-denying ordinance and support the Government. I will do that just to get the 12 months in because such people deserve the best that we can give them.