(1 year, 8 months ago)
Commons ChamberI am grateful to my right hon. Friend for giving way. She is describing the journey that we need to go on. We should explain to the Government that the whole issue about modern slavery is that when people feel secure, they give evidence to the police, and the police then get after the traffickers. One of the big problems here is that, because 60% of the cases are within the UK, people may suddenly feel that they are about to get kicked out and then they will stop giving evidence.
My right hon. Friend is absolutely right. I will refer to that issue myself later on, because the Government have not thought through the implications for the numbers of traffickers and perpetrators caught as a result of this Bill.
I said that I was not going to dwell on the legal issues, but there are genuine questions of incompatibility with article 4 of the European convention on human rights, which is, of course, part of UK law through the Human Rights Act 1998, and with aspects of the Council of Europe convention on action against trafficking in human beings, such as articles 13 and 10.
However, the heart of the problem is, I believe, very simple. If someone is trafficked into the UK by illegal means, coming from a country where their life and liberty were not threatened, and is taken into slavery here in the UK, they will not be able to claim modern slavery or have the protection of the Modern Slavery Act. That would cover most of the men, women and children who are trafficked into slavery in the United Kingdom.
Let me let me give an example. A woman from, say, Romania, who is persuaded that there is a great job here for her in the UK, is brought here on false papers and put to work as a prostitute in a brothel. She has come here illegally from a safe country, but she is experiencing sexual exploitation and slavery here in the UK. That is just the sort of case, in addition to British nationals who have been enslaved here, that the Modern Slavery Act was intended to cover. Let us say that she manages to escape and meets some people willing to help. She is taken to the police, but the Government say, “You came here illegally. We’re deporting you to Rwanda.” Alternatively, the traffickers may fear that she is looking to escape, so they take her to one side and explain, “It’s no good doing that, because all they’ll do is send you to Rwanda.” We could have handed the traffickers a gift—another tool in their armoury of exploitation and slavery.
The Government might say that it will be okay if the woman helps with an investigation, because the Bill contains that caveat, but that seriously misunderstands slavery and the impact of the trauma of slavery on victims. It can take some considerable time—weeks and weeks—for somebody to feel confident enough to give evidence against their slave drivers. Under this Bill, by the time they might have been able to get that confidence, they will have been removed from this country. As my right hon. Friend said, it will become harder to catch the traffickers and slave drivers.
I could give another example. Perhaps someone comes here illegally and works in the economy, which, sadly, people are able to do, but then finds themselves vulnerable on the streets and is picked up by slave drivers and taken into slavery. Again, even if they escape, perhaps after years of exploitation, the Government will shut the door on them and send them away under this Bill. I could give other examples, but the hon. Member for Glasgow Central has already given some and I think the point has been made.
There are a number of possible solutions. At the weaker end, the Government could delay the commencement of the Bill’s modern slavery provisions; I note that the official Opposition have suggested doing so until a new Independent Anti-Slavery Commissioner is in place and has assessed the impact of the Bill. It would be good to have a commissioner in place and to hear their views on the Bill, but I think that there is more to consider.
First, the Government should not introduce the modern slavery provisions of the Bill until they have assessed the impact of the changes that they made in the Nationality and Borders Act 2022, the relevant provisions of which came into force at the end of January. They are piling legislation on legislation that they have already passed, and they have no idea whether it is going to work. This approach is therefore not necessary. Secondly, they need to assess the impact of the deal with Albania, because in recent times a significant number of people coming on the small boats have come from Albania. Thirdly, as my right hon. Friend the Member for Chingford and Woodford Green and I have both pointed out, they need to assess the Bill’s impact on people’s ability and willingness to come forward, to be identified as slaves and to give evidence against the traffickers and the slave drivers.
I am grateful for being called as early as this and I will try to be brief. I want to focus specifically on what my right hon. Friend the Member for Maidenhead (Mrs May) has talked about, which is the modern slavery elements of the Bill, and keep to a reasonable amount of time. I want to draw attention to the reality of what we sometimes seem to get mixed up. There is a fundamental difference between people who are trafficked and people who pay traffickers to come here for reasons that are economic or whatever—I do not want to dwell on that; the important thing is that we mix these terms up. There is a clear definition of being trafficked. It involves people who do not want to be here and who are brought here against their will and are then used for various services that they should not be used for. They are slaves.
The Centre for Social Justice brought forward an important paper on this, and my right hon. Friend the Member for Maidenhead, when she was Home Secretary, picked that up and turned it into legislation. We were the first country in the world to bring such legislation through, and although it may now be a little unfashionable to say it, I am very proud of that. I think that what we did is worth celebrating and protecting, and if there are faults in it, we need to correct them.
There is a problem in the Bill, and I know that the Minister for Immigration, my right hon. Friend the Member for Newark (Robert Jenrick), has been very accommodating and talked at length about this, and I thank him for that. I will make a few comments now about the problem and how we could possibly help, because we want to help to rectify this. I understand what the Government are trying to do, but I want to protect some of the modern slavery bits.
My first point relates to commencing the modern slavery clauses only after publishing an assessment of the problems and impacts. I understand that the Opposition have put down various tools to do this in their new clauses. The Government have argued that the Bill is needed to address illegal migration and that the modern slavery clauses are needed to address and prevent abuse of the modern slavery support system by false claims from people seeking to bypass removal. So the modern slavery clauses in the Bill should be targeted at the problem of false claims with a clear assessment made of the level of false claims and the impact on wider modern slavery policy.
The Government should therefore specify in the Bill that the modern slavery clauses—clauses 21 to 28—would be commenced only when a specific threshold of the false modern slavery claims and an increase in those claims is reached, demonstrated by evidence. I think that is fair. Alongside the false claims that would trigger the modern slavery clauses, the Government could commit to publishing evidence on the current level of false modern slavery claims and any increase or decrease in that level. Section 63 of the only recently passed Nationality and Borders Act 2022 would enable the collection of that data on bad faith claims since 30 January 2023.
The modern slavery clauses should not commence until an assessment has been published of the impact of the clauses disapplying modern slavery protections on the identification of victims, including their willingness to come forward, and on the prevention, detection, investigation and prosecution of slavery and human trafficking offences. This is important because, at the end of it all, we need to know whether there is evidence.
I understand the Government’s fear that this will somehow be used as an alternative vehicle to escape a claim and to avoid being sent back, but we do not see any evidence of that. Only 6% to 7% of those who have come over on the boats have made a modern day slavery claim. That is a tiny number. They will know by now that they can do that, but the reality is that it has not happened. I bring that to the attention of the Government: there is no real evidence of it at the moment. I understand that the Government think we need to protect ourselves against that potential, but we need to see the evidence that that trend is being broken.
I agree with everything the right hon. Gentleman is saying and I look forward to working with him to get some of the things that we all want to see. Does he agree, though, that there would be no risk of modern slavery victims—or those making fake modern slavery claims, who the Government seem to be convinced exist—being held up in the system and being allowed to stay here if it did not take an average of 553 days for them to be assessed? If we went back to the 45-day system that used to exist, which might be the case if more had been put into it over the years, there would be no risk that people might use it to stay in the country longer.
Clearly the faster the claims can be assessed, the better it is for everybody, as they can be discovered either to be illegal or to be genuine victims. That is the key thing.
Clear evidence of abuse of the system needs to be published, because it is important that the figures are there to be understood. A very small number are actually claiming it, and the 73% that we were told about on Second Reading in fact refers to those who are detained for removal after arrival. That amounted to 294 people. We need to get the figures in context, then we can understand what the problem is and how we deal with it. If the evidence shows that there is an increase, we will then be able to use parts of the Bill.
The right hon. Gentleman and I have discussed the lack of an evidence base for this aspect of the Bill. When the former modern slavery commissioner, Professor Dame Sara Thornton, gave evidence to the Joint Committee on Human Rights recently about this issue, she suggested that because no replacement for her had been appointed for over a year, there was a lack of a proper evidence basis for the modern slavery aspects of the Bill. Does the right hon. Gentleman agree that she is right about that, and will he use his good offices with the Government to try to ensure that an anti-slavery commissioner is appointed?
I am flattered by the idea of my good offices with the Government, and I will take that at face value—thank you very much indeed. I will speak to the Government about that, and I accept that we need to get that replacement made very quickly.
The most important point is that we need to think about exempting any victims exploited in the UK from the disapplication of modern slavery protections. There is a very good reason why that is the case. As my right hon. Friend the Member for Maidenhead laid out clearly, if we do not do that, those who are affected will simply dismiss any idea of coming forward to give evidence, because they will fear that they will not be accepted and that they will therefore have to go. Many of them will not yet have given evidence to the police. The Bill suggests that the Secretary of State will be able to assess whether they have given evidence to the police, but this a longish process. This accounts for more than 60% of cases, and I really wish that the Government would think carefully about protecting them. I think the police will back us on this, because they want those people to give evidence.
The irony is that the more we help those people and the more they give evidence, the more traffickers we will catch and close down, which will probably result in fewer people coming across the channel on boats. This is all part of a circle of trust, identification and final prosecution, and it is really important. We should amend clause 21 to exempt victims exploited in the UK, and the new threshold for a positive reasonable grounds decision requiring objective evidence would prevent spurious claims. The whole point of this is to find a way.
I think we can agree on this. The work the UK has done on modern slavery, the evidence and all the rest of it, is now helping to prosecute the traffickers. If we lose that delicate flower of success, we will find ourselves in a worse position, with many more people being deliberately trafficked because we have become a soft touch on trafficking.
I fully understand why the Government are trying to deter the illegal use of these boats to cross the channel, both for people’s safety and because it puts huge, unnecessary pressure on services here, but I beg my right hon. Friend the Minister for Immigration to accommodate these concerns about modern slavery and to make sure that we do something in the Bill to protect these people in the long run.
I support the amendments on the rights of children, because the Bill punishes children just for being refugees and puts unaccompanied children at risk. There is not enough time to go through every clause, but I will highlight some of the many cruelties.
The measures before the Committee today not only abolish the protections afforded to children but allow unaccompanied children to be routinely detained beyond the 24-hour time limit, and to be detained anywhere the Secretary of State considers appropriate. Detaining children for prolonged periods is utterly unacceptable and poses serious risks to their health, safety and protection.
Clauses 2 to 10 will create a large and permanent population of people, including children with families and unaccompanied children, living in limbo for the rest of their lives. Clause 3 could see a child who arrives alone, fleeing war and persecution, being allowed to integrate into UK society, only to be forcibly removed from the UK as soon as they turn 18.
Clauses 15 to 20 give the Secretary of State a range of astonishingly far-reaching powers, including the power to terminate a child’s looked-after care status and the key legal protections provided by local authorities.
And the evidence. The lack of evidence and impact assessments runs like a silver thread through the Bill. Have the impact assessments been done? Will they ever be done? If they have been done, will they be published? The hon. Member for Aberavon (Stephen Kinnock) made much of that in his speech, and he was absolutely right to do so. I was tempted to intervene on him to say, “Hold on a second here, man. You shouldn’t be going so fast; you should allow the Minister to get to his feet and tell us the position.” But the Minister did not do so then, and I suspect that he will not do so now, either. There have been times when I have seen Ministers on the Treasury Bench look more uncomfortable than the Minister for Immigration did when listening to the speeches of his right hon. Friends, but I am struggling to think of when that might have been.
The points that I will focus on relate to the question of detention and, in particular, the detention of children. The detention of children is something that I thought we had seen the back of. Although that initiative was driven by my former colleague, Sarah Teather, when she was the Minister with responsibility for young people, I again pay tribute to the right hon. Member for Maidenhead, who did so much to support it in the Home Office. It was an absolute stain on our country that we kept children locked up in immigration removal centres such as Dungavel in Scotland.
I remember visiting Dungavel—it must have been in 2007 or 2008. I also remember, I have to say, successive Home Office and Immigration Ministers in the then Labour Government standing up at the Dispatch Box and saying that I was a bleeding-heart liberal, and that this was just something that we had to live with and nothing could be done. Of course, as we know, there were things that could be done, and they ultimately were done—we did them five years later.
I think it tells us quite a lot about the journey that the Conservative party has been on since those years in 2011 and 2012 that the Government feel it necessary to reintroduce detention for children. We have had 10 years without it now, and what have the bad consequences of that been? I do not see any. Nobody is saying that it has caused a massive increase or spike in any particular problems, but now, for the sake of sheer political positioning, we are going to return to a situation in which children will be placed behind razor wire in places such as Dungavel.
I am not going to give way. I am going to bring my remarks to a close, because I think I have spoken long enough.
Can I gently suggest to my right hon. Friend that the whole purpose of raising this issue was not to bandy the figures? There is a real disregard for some of the real figures here. He is quite right to say that the Government are concerned that there will be an exponential rise, as an alternative to coming across illegally. We should bear in mind that these people are trafficked; that is the key difference. All we are asking the Government to do is to look carefully at this and not take the power until they can see and show the evidence. After all, we have yet to see the impact of the Nationality and Borders Act 2022. All I am asking of him, gently, is please just to accept that the Government will think about that before the Bill comes back on Report.
(1 year, 9 months ago)
Commons ChamberI rise to make a simple point, because in the time available that is all we can do. I will draw a little bit of light rather than heat into the issue. I want the Government to succeed in restricting the boats coming across, and in getting rid of them eventually, because of the danger for all those who try to take that route. It is incredibly dangerous and people have died, particularly children.
I want to make a point about one specific area. The Centre for Social Justice brought through the original paper on modern-day slavery. I was enormously proud of it and I was enormously proud that my right hon. Friend the Member for Maidenhead (Mrs May)—the Home Secretary, as she was then—was able to bring that into legislation. We were the first country to adopt that. It is not perfect but there are things that can be changed.
I say gently to the Minister for Immigration, my right hon. Friend the Member for Newark (Robert Jenrick), and others on the Front Bench, that I do not understand why the Bill makes such a big deal of modern-day slavery when that represents a tiny proportion of people who come over using that route. Let me give a few figures: 6% of small boat arrivals in 2022 claimed modern-day slavery. It reality, the total number is even smaller. When the Government say 73% of people
“detained for return after arriving on a small boat…then referred to the NRM”,
that amounts to 294 people. We are talking about small numbers.
I suggest to my right hon. Friend the Minister that we genuinely need to recognise that we have to be careful when treading on this. We are dealing with those who are trafficked, not people smuggling; there is a big difference between the two things. Some 60% of the claims on modern-day slavery are domestic claims, here within the UK, by people who have been trafficked into brothels or who are working in chain gangs. Those are the sort of people we really do want to stand up for, and I recognise that there is a big difference.
The people who my Government—my right hon. Friends, with their legislation—want to seek to stop are those who are coming across illegally, using smugglers. By the way, the single group that gives us the greatest credibility and likelihood of prosecuting those people smugglers, are those who have been trafficked and who then give evidence.
I simply want to say to my right hon. Friend the Minister that we need to look carefully at what we are saying in the Bill. How will my right hon. Friend the Secretary of State be able to make a judgment about whether somebody has come illegally or has come illegally and is trafficked, if the national referral mechanism is not to be used for that purpose? If we can get that down to 30 days, most people could be processed without having to take an arbitrary decision. I want my Government to succeed in this matter, but I beg them to be very careful about the modern-day slavery legislation and to protect it.
(1 year, 9 months ago)
Commons ChamberUnspeakable tragedy is occurring in the channel and through all maritime routes around the world because of the global migration crisis. That is why it is absolutely essential that the UK takes a robust but compassionate approach. That is at core a humanitarian package of measures that sends the message to people: “Do not come here illegally.”
I welcome my right hon. and learned Friend’s statement. Once we strip away the rhetoric, of course, the key to all this is how we save the lives of the people who are dying while trying to get across the channel and are abused by the traffickers. I listened very carefully to her statement, and I understand all the other features—although we may have a debate about the numbers that she quotes on modern-day slavery problems—but could she expand a little on the issue that stopped the migrants being taken to Rwanda last time, which was the intervention of the European Court of Human Rights? I did not really hear anything in the statement to suggest that anything has changed on that matter.
My right hon. Friend is right to identify the difficulties that we had in effecting flights to Rwanda in the summer of last year. As I mentioned, the Strasbourg court issued a rule 39 order pursuant to an opaque process at the last minute without UK representation or right of challenge. We will introduce some detail in the Bill to address that scenario and inject some conditions upon which we will deliver the measures in rule 39.
(2 years, 1 month ago)
Commons ChamberOrder. As hon. Members can see, there is quite a bit of interest in the debate. I am introducing an initial six-minute speaking limit, which I am sure will be reduced to accommodate everybody.
I am grateful, Mr Deputy Speaker. I will not take that long.
Before I speak to the amendments in my name and those of other hon. Members, which are quite narrow, I want to address Government amendment 60, which I am quite surprised to find in the Bill. Peculiarly, it sets out a series of offences to which it is no longer a defence to claim modern slavery. I am surprised that many of them are not already captured elsewhere. Some of them are very general, such as “entering a prohibited place” and “foreign interference: general”. I always get worried when I see the Government tabling amendments that say things like “in general”, because it really means that they want to do something else that we do not know about. I accept that the amendment will make it into the Bill today, but I want to see what comes back from the other place once the Lords have managed to probe it and find out about it. I would be grateful if the Minister explained why the Government suddenly needed to put it in the Bill.
My amendments would strike out subsections (1)(b) and (2)(b) of clause 68. The Government seem almost to have cut and pasted some of the US legislation and possibly the Australian legislation. I know that the exemption for legal services appears in that legislation, but I am concerned. My amendment is a tightening-up exercise. I really wonder why we think it necessary to provide such a general exemption for legal services. I am sorry if there are practising lawyers present in the House, but if I know anything at all about how lawyers work, they will find ways to exercise the process of lobbying on behalf of organisations and individuals with no right to be here. They will not call it lobbying; they will find some term that is covered by “legal services” and then get on with it. That will also be a way of getting around the Crown prerogative.
I would be grateful if the Minister looks at the issue carefully and understands that there is a problem. I have talked to a lot of lawyers, and most of them believe that the exemption for legal services is not necessary. There is no reason why they should be exempted; the rules should apply directly to them. Either the definition of what constitutes legal services needs to be tightened up very carefully, or the exemptions should be struck out as the amendments require. I would like some indication from the Minister at the Dispatch Box that the Government will look seriously at the matter in the Lords and act on it. An exemption for legal services is unnecessary and will lead to lobbying by the back door; I am sure that all sorts of terms will be found that are covered by “legal services”.
(2 years, 1 month ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
I thank the hon. Member for the tone with which he has addressed these questions. This is truly a United Kingdom issue, and the way to address them is for the United Kingdom to work together.
The hon. Member is absolutely right that there are wider dimensions, which include our friends and allies around the world. The Government have already been working with Governments around the world to make sure that we deal with the repression and oppression that we are seeing in different places. He will remember well the way in which the United Kingdom stood so clearly with the Government of Canada to call out the illegal detention of Michael Spavor and Michael Kovrig. I am delighted to say that that will continue.
The hon. Member is right that working with police forces across the United Kingdom—including Police Scotland, which does excellent work—is really important, but it is also important that they have access to the resources that we are able to bring as the United Kingdom. The agencies that do so much to support us all are essential.
I am grateful for the hon. Member’s kind words about the National Security Bill. His support on that Bill has been incredibly important and demonstrates that this truly is a cross-party, cross-nation effort to keep the whole of the United Kingdom safe. He can be absolutely assured that I will not hesitate to use the powers in the Bill should they be required.
The hon. Member’s question on the community is also really important. We need to make it absolutely clear that what we are resisting here is authoritarian Governments seeking to influence free people. We welcome people from across the world. We welcome people from communities that may be repressed at home but can be free here. It is essential that we champion those who can enjoy freedom here, and the Hongkongers are a clear demonstration that this Government and this country welcome those seeking freedom.
I am grateful to Mr Speaker for granting the urgent question and I congratulate my hon. Friend the Member for Rutland and Melton (Alicia Kearns) on securing it.
I am pleased to see my right hon. Friend at the Dispatch Box; he should duck his shoulders, because he is responsible for none of what I am about to say. May I simply say that we are seeing a litany of general excuses from the Government, albeit not from him directly? A week ago, they had to be dragged to the House twice to talk about the punishment beating that was meted out in Manchester—no statement was offered—and now we have another UQ.
This business about these police stations has been well known and well documented for ages. Every other country that has them is now investigating with a view to getting rid of them—Canada, Chile, Germany, Ireland, Portugal, Spain, Sweden, the Netherlands and the USA are all about to kick them out—but we have still not undertaken a full investigation. Even in Scotland, the First Minister has decided to investigate the Glasgow site; we have done nothing about the two sites here in England.
I simply say to my right hon. Friend—with the best intentions, because he is sanctioned, like I am, by this brutal regime—that we have testimony from endless people, we have a Chinese Government who have set up these police stations, we have Confucius Institutes bullying Chinese students here, we have seen them beaten up on the streets in the UK, and we wonder very much whether they feel safe. Will he therefore take back to the Government, and to the Foreign Office, the message that it is high time they showed some strength and acted immediately to get rid of the diplomats responsible in Manchester, to investigate these police stations and kick them out, and to do the same with the Confucius Institutes? Otherwise, we look like we are dragging our feet compared with our neighbours.
I welcome the words of my fellow sanctionee. That is one of the few foreign accolades of which I think we are equally proud.
Let me make a few points. First, there is no delay in investigation in this country. I can assure my right hon. Friend that the assessment will be coming forward urgently. As he will well understand, I will be extremely keen to hear the result. May I also remind him of the Prime Minister’s pledge during the leadership race only a few months ago that Confucius Institutes pose a threat to civil liberties in many universities in the United Kingdom and he will be looking to close them?
I thank my right hon. Friend for his words about the Foreign, Commonwealth and Development Office. I am sure that Ministers from that Department will seek to make a statement, but I am sure they will be waiting for the reports that will be provided to them. He is absolutely right that there is no place for those who abuse their diplomatic privilege or the liberties of this country in order to oppress citizens here.
(2 years, 1 month ago)
Commons ChamberI thank the Scottish National party spokesman for his co-operative tone in regard to how we will work together on this issue. I will set out details and be in touch with the devolved Governments and Administrations to make sure that their views are fully taken into account and that the important different needs of different devolved areas are respected and play fully into the taskforce.
It is essential that we recognise that, sadly, this is not simply a matter for the United Kingdom. The reality is that the points that the hon. Gentleman made also apply to friends and partners around the world. We have seen very significant reports of intrusion and intervention into electronic communications in other countries. Sadly, that includes France, where President Macron set out his issues with Russian hostile activity at the time of the general election only a few years ago; and there are other such reports in other jurisdictions.
We are working together with friends and partners on this issue, because the reality is that the defence of democracy does not stop at the United Kingdom coast but continues in depth when we work with partners and allies. We will only be safe when we support others to guarantee their freedoms so that ours are even more secure.
First and foremost, there is no question that in the Government and even in Parliament we have become incredibly sloppy about any idea of security. The carrying of telephones—just switched off—into meetings is a security risk, because they can be switched back on and used as microphones. We know that. I have seen Government Ministers carrying telephones into meetings in their back pocket. That should be stopped. All those phones should be taken off them. We can do many things, and GCHQ is very clear about the penetration of our enemies into our space.
My main point is that in all of this—the Minister is reviewing the integrated review—why in heaven’s name was China not seen as a threat when we did the original review? This is about everything it does, such as the trashing of Hong Kong, the Uyghurs, taking over the South China seas and the attacks on people like me and others, including the Minister, as sanctionees. Will he make sure, first of all, that we lift China back into that bracket as a threat, treat them as a threat and do not excuse it? For those of us who are sanctioned, it would be marvellous if the Foreign Office or even Parliament were capable of giving us any advice about what happens to our families when they have to travel. I find it remarkable that when we ask them that question, we have no idea of what limitations that poses on us, even today.
I thank my right hon. Friend for his comments. He is absolutely right to cite the fact that China has become a long-term strategic threat. I am afraid that I cannot answer on why it was not raised before; I have only just joined the Government, as he knows.
The question of security is so important for all of us. The National Cyber Security Centre and Parliament’s security office have been extremely open in helping any Member, Minister, shadow Minister, official or staffer who seeks advice on that matter. I pay enormous tribute to the security officer for her work and the way in which she has assisted many of us at different points to realise the threats that are against us and how to best protect ourselves.
Let me make this commitment absolutely clear: there is no defence of democracy without defending every Member of the House. Whichever party we are from and whichever cause we champion, we are here because free people chose us to be here. It is our responsibility to make sure that that freedom endures in the work and in the voices that we hold.
(2 years, 7 months ago)
Commons ChamberI will make some progress, as it is important that hon. Members have the opportunity to speak in this debate.
Lords amendment 11B focuses on setting a target for the number of refugees the UK would resettle each year. Our view has long been that the number of refugees and people in need of protection we resettle each year must be based on our capacity and our assessment of the international situation. That has not changed. As such, we do not think the Lords amendment is necessary. On Lords amendment 13B, I thank the other place for understanding that there is a need to be able to prosecute criminals who seek to evade immigration controls and return to the UK, but the amendment is too narrow in its scope, to the point where it would not allow for the prosecution of someone attempting to arrive in the UK who has previously been excluded from the UK on national security grounds. Limiting the amended offence to cover only those who arrive in breach of a deportation order would also prevent the prosecution of arriving passengers in egregious cases when there are aggravating factors that show that prosecution is in the public interest. As such, the amendment would still compromise our plans to enhance the security of our borders and so we cannot accept it. I also appreciate those in the other place for their detailed consideration of clause 40. However, by proposing Lords amendment 20B and replacing “for gain” with a statutory defence of “without reasonable excuse”, they would compromise our plans to enhance our ability to prosecute people smugglers. The amendment would simply add a new barrier to successful prosecutions and create uncertainty, as appropriate defences are already provided in common law, such as “acting under duress”.
I turn next to the modern slavery amendments. Lords amendment 25B is too narrow and does not fulfil the aims of the original clause; it will not protect the system for tackling modern slavery from those who present a threat to public order or risk to national security. The amended definition does not include individuals who have been served with terrorism notices, who have been involved in terrorism-related activity or who otherwise pose a risk to national security, nor does it include individuals who have been convicted of serious criminal offences such as manslaughter, murder, violent acts and sexual offences. Having listened to concerns raised, we have provided further detail in the House of Lords about the proportionate approach we will take to implement this measure and clarity on the mitigating factors that will be taken into account as part of the case-by-case approach, but we cannot agree to the amendment.
On Lords amendment 26, the Government’s unshakeable position is that support should be provided on the basis of need, tailored to the individual and their personal circumstances. During the passage of the Bill, we have committed that, where necessary, all those who receive a positive conclusive grounds decision and are in need of specific support will receive appropriate tailored support for a minimum of 12 months. What still concerns us about this amendment is that it moves us away from taking an individualised, needs-based approach to the provision of support, so we cannot support it.
I recognise my hon. Friend’s concerns about this, but the main point to be taken from it—I hope to speak about this later—is the reality that right now this minimum period is interrupted constantly by reviews and inquiries and so they destabilise the ones we need to help. Will he look at this again before we go any further and discuss it with me, so that we may look at something stronger?
I am grateful to my right hon. Friend for his intervention and long-standing interest in this issue. He and I, along with other Ministers, share a common goal in wanting to bring to justice the individuals responsible for this heinous criminality of people trafficking. We are very willing to engage on this. One thing we have discussed in meetings is an openness and willingness to engage on the guidance in place on these matters. As I have said before in this House, there are further opportunities coming on the issue of modern slavery and we are keen to ensure that he is involved in that discussion and dialogue, along with the charitable organisations he works with, to make sure that we get this right, because there is a moral imperative to bring these people to justice. We all want to make sure that individuals are getting the care and support they need to help facilitate that important process.
I am grateful to be called to speak so early, and I will be as brief as possible.
I say to my hon. Friend the Minister that we have already had these discussions. In fact, the Government moved on the issue; they did so by putting proposals into guidance. The problem with guidance is that it is guidance—it is not obligatory—so the problem with Lords amendment 26B is that the Bill is incomplete, because until these measures are in the Bill, there is no support for confirmed victims after the national referral mechanism process is completed; it is all by judgment.
The current system is deeply destabilising for confirmed victims. I am talking about confirmed victims, not other people who have come over. These are people who we agree are victims of modern-day slavery, and we should be very generous to them. What else is there to do? They are victims. Confirmed victims currently receive support under the recovery needs assessment, or RNA, process. Under this process, many victims receive support only for short periods of time. There is no 12-month period, and they therefore undergo repeated needs assessments. The Minister should go through the system and see how painful this is for confirmed victims. It is destabilising and can be harmful to victims’ mental health; we know that. It requires victims to constantly provide “evidence” of need, with support available only for “needs arising from exploitation”. They are confirmed victims, and they do not know how long they will need support, which means that they are worried about what will happen if there is no agreement. That can put them back in the hands of the traffickers—the thing that we say we are against.
Justice and Care’s recent victim navigator study showed that when victims were given support for a minimum period, 89% of those supported by Justice and Care’s programme chose to engage with police investigations, and we got more prosecutions. One does not need a bleeding heart to see the sense of this. It will enable us to prosecute the traffickers. That is what I want my Government to do. Right now, the average percentage of victims who engage with investigations is not 89%, but 33%. People who are very worried, destabilised and uncertain about how long they will be supported for will not give evidence. They will not go to the police or engage with them, because they are frightened. If we give them a minimum of 12 months of support, we will get more prosecutions. As a result, we will both save money and provide some serious security for these victims. I genuinely beg the Government to make the change now, because it is decent, reasonable and the right thing to do. Can we please discuss the matter further before it comes up again, and can we do this?
Members on both sides of the House might agree that the Lords got it right when they said that the timetabling arrangements for this House left a lot to be desired. We have one hour to debate 12 substantive and important amendments, and we will end up voting on them for three hours. It makes absolutely no sense.
I could be very succinct and just say that the SNP position remains that this is an atrocious and horrendous Bill, and therefore we support everything that the House of Lords has attempted to do to rein it in, but I will not. However, out of deference to some of the very good speakers on both sides of this debate, I will try to stick to points on one or two of the amendments.
First, I turn to Lords amendment 5B, which simply states,
“For the avoidance of doubt,”
part 2 is compliant with the refugee convention
“and must be…given effect as such.”
The Minister has said several times that that is precisely the Government’s objective, so why on earth does he have a problem with putting those words in the Bill? I suspect that there are two answers, the first of which is that in reality, part 2 does not remotely live up to the demands of our international obligations. Former Supreme Court judge Lord Brown said in the other place:
“I truly believe, as do many others, that several of these provisions flagrantly breach our obligations as interpreted by the UNHCR”.—[Official Report, House of Lords, 4 April 2022; Vol. 820, c. 1882.]
We respectfully agree with Lord Brown.
I suspect that the second reason for resisting this amendment is that Ministers are desperate to keep those words out of the Bill to make it more difficult to ask a court to adjudicate on whether the Bill is, in fact, consistent with the refugee convention. As Lord Brown said—he was directly addressing something that the Minister said here at the Bill’s last outing—it was
“quite wrong to suggest that there was no need for this amendment because the courts would anyway deal with the challenge to the legislation based on suggested non-compliance. I repeat: the amendment is vital. The courts otherwise cannot go behind the definitive clauses in the Bill and would have to apply them, compliant or not.”—[Official Report, House of Lords, 4 April 2020; Vol. 820, c. 1883.]
We agree; the Bill is fundamental to what we are doing here.
(2 years, 8 months ago)
Commons ChamberI recognise entirely the interest that my hon. Friend shows in these matters. If I may, I will take that point away, ponder it and then comment on it specifically when I wind up the debate. I am grateful for the question, and I am happy to revisit that point.
For the reasons I have outlined, we cannot agree to amendment 25. Amendment 26 would remove the clause that provides leave to remain for victims of modern slavery or human trafficking and replace it with a new clause. I pay tribute to my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith) and to Lord McColl for their work in this area. We agree that confirmed victims should be granted leave where necessary to assist them in their physical and psychological recovery from harm caused by exploitation, to seek compensation in respect of their exploitation or to assist the authorities with investigations or prosecutions in respect of that exploitation.
The Government have already committed to providing all those who receive a positive conclusive grounds decision and are in need of specific support with appropriate tailored support for a minimum of 12 months, where necessary. That will be set out in guidance, but the amendment does not make the critical link between relevant exploitation and the grant of leave. That means that someone could be granted leave to remain on the basis of personal circumstances unconnected to their exploitation, or to pursue an unrelated compensation claim or to assist an unrelated investigation. For those reasons, we are not able to support the amendment.
My hon. Friend will recall that last time we debated these provisions, we had an agreement that the Government in principle accepted the 12-month process. We expected to see it put in the Bill in the other place, but the truth is that the Bill has arrived back here after being amended by the Lords rather than the Government. I accept that Lords amendment 26, to replace clause 64, has a lot of other things in it.
The point of my amendment (a), which I know that I cannot vote on tonight because of ping-pong, is that we need to get that in the Bill. The key thing, after all, is that those who come through the NRM should get up to a minimum of 12 months, which would allow them to pursue prosecutions against the traffickers. They will lose that if the Minister does get it into the Bill, so will he now give me an understanding that that will be the case?
My right hon. Friend is passionate in raising the issue and has done so constructively throughout the process. We are all cognisant of the need to ensure that we bring the evil individuals responsible for that criminality to justice. I refer him to the commitment that was made from the Dispatch Box by the Under-Secretary of State for the Home Department, my hon. Friend the Member for Redditch (Rachel Maclean), on Report. Future legislation on modern slavery more generally is very likely to be in the offing. We are also happy to meet him—I know that the Home Secretary has spoken to him—to discuss his point in greater detail. We want to work through it carefully to ensure that we get it right.
The key thing is whether the Minister is prepared to consider tabling an amendment in the other place that puts the 12-month minimum into the Bill. If he does that, it will send a huge signal that we are on the side of those who are most beaten up and traduced by the system of slavery, and it will put us back on the right course. I ask him to please give me that sort of commitment.
My recollection of the earlier proceedings relates to putting the matter firmly in guidance, but as I say, we are happy to meet to discuss it. We want to get it right, and we are willing to consider the position with him following this debate. That is an undertaking to him on which we will certainly follow through.
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.
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.
(2 years, 9 months ago)
Commons ChamberI thank my right hon. Friend for and congratulate her on driving this Bill forward so quickly, co-operating with all sides to get it on to the statute book. I wish to raise one point. I noticed that in the original draft, although there has been a slew of amendments since, there were all sorts of little caveats. For example, it let people off the hook if they did not “knowingly or recklessly” give the wrong information. I hope she will agree with an amendment I have put my name to and we will strike that out. There is no excuse on “knowingly or recklessly”; someone either did or did not co-operate, and if they did not, they should get the full force of the law.
My right hon. Friend is absolutely right, and he has also pointed out the vast drafting that has taken place over the weekend, with various amendments. I am grateful to all colleagues, on both sides of the House, for their co-operation on many of those amendments. He is absolutely right to say that people have an intent, which is what we are going after.
Given the nature of the debate, I will try to make my simple points in three minutes. [Interruption.] There were cheers from the Government Benches, anyway.
I suspect that we will all vote for this Bill. The House is of one in wishing to stop the murderous behaviour of Putin in Ukraine and to punish him and his elite for carrying out such evil crimes against humanity. That is not to say this is a perfectly crafted Bill. To some extent, that is inevitable; it has had to be constructed in a hurry from an original economic crime Bill that was designed for a different purpose under different circumstances. Worse than that, in some ways, it is being operated by three or four Departments, some of which are operating in areas that they are not used to, which is often not a pretty sight, and I speak as an ex-Minister in that respect.
The Government, I think, will do two sensible things. First, they will accept most, or many, of the amendments that have been tabled, which is sensible because most are thoughtful and all are well intentioned. Secondly, the Home Secretary said that there will be a second economic crime Bill and of course we are making plans and projections for that. One of its functions will be to correct the mistakes that we make today, of which there will be many, because we are dealing with a difficult and sophisticated adversary and we are making decisions quickly.
I want my right hon. Friend to extend his speech slightly. Does he agree—I hope my right hon. Friend the Home Secretary is listening too—that whatever happens with the Bill, we are clear that those in the other place who deliberately amended previous legislation to water down the provisions that would have seen us go after many of these people, have some warning not to do that ever again?
I am pretty sure that they will hear that warning when they look back at this debate.
I do not often quote Lenin, but it is probably appropriate. As he famously said,
“A bayonet is a weapon with a worker at both ends,”
which is also true of the Bill. It will do great harm to the Russian economy and to our adversaries in Russia, but it will also do some harm to us—or at least, the retaliation will—and it will particularly hit the least well-off. We will see greater price inflation, less growth, less trade and therefore fewer jobs. We must recognise that when we undertake what we are doing here. We can make Russia a pariah state but Putin will retaliate, and we must be ready. We need to be ready for fuel crises, cyber-attacks and ludicrous threats from the Kremlin.
Beyond the Bill, there are many further things that we can do in the west and we should be ready to do them. To pick one example, the allies should be ready to reduce every Russian embassy to a bare minimum—to skeleton status—by the expulsion of diplomats at the first sign of retaliatory action from Russia. It must be clear to Russia that it will pay if it retaliates again.
We have said, and we must keep saying, that the Bill is not aimed at punishing the Russian people—that is incredibly important. It should target the Russian Government, Putin and his henchmen, which is why the actions in the Bill against oligarchs are as important as the actions against Russian banks and commercial institutions. There was some briefing from Whitehall over the weekend that implied that they are not, but that is wrong.
We have all heard the rumours that Putin has something like $200 billion of personal wealth. He does not hold any of it himself; it is held by the 140-plus oligarchs around the world. Targeting them, therefore, is at least as important as targeting the Russian state banks. To do that properly, we must act fast, which is the thrust of my new clause 29, which I will speak to later in Committee.
We should not kid ourselves. This is not an economic crime Bill, but an economic warfare Bill, and it is a war that liberal democracies cannot afford to lose.
(2 years, 11 months ago)
Commons ChamberFirst, let me welcome the new Chair of the Select Committee and congratulate her on her election. There is no question—I should be very clear about this—but that we learn all the time about gaps and about not just new threats, but the type of tactics and techniques used by those who want to do us harm. It is right that we review absolutely every facet of security here. I come back to my earlier point about protecting democracy from malign interests. Working with the Cabinet Office in particular, which oversees this, that is effectively what we are doing.
I welcome my right hon. Friend’s statement. Of course it is shocking that any Member of this House should allow themselves to be used by a foreign power, but one problem we have is that this issue is not suddenly emerging. We have now a real problem with China. There are more than 13 organisations hell-bent on such purposes, hiding in public view, working with the United Front and other organisations to report back to China. We know that there are four people we have failed to sanction that the Americans have sanctioned for complicity in the Uyghur genocide that is going on. The Government have got to get tougher even still. The problem is that in the integrated review, which she rightly referred to, we referred to Russia as a threat but to China as a “systemic challenge”. Given that the head of MI6 said that the “single biggest priority” for MI6 was
“adapting to a world affected by…China”
does she not think, as I do, that it is time to change our position and call China the threat that it really is to us?
My right hon. Friend speaks a great deal of sense on this issue. He has highlighted and spoken clearly about the direct threat, which we have seen, in this House alone, when it comes to undermining our democracy. I am very conscious that a number of our parliamentarians have been sanctioned by the Chinese Government for rightly speaking out—we live in a free country and an open democracy, and we are privileged to do so—against abusive actions of the particular Government at hand. It is right that we constantly review all our threats from adversaries, which manifest themselves in different ways. I can give him my complete assurance that I will be working with my colleagues across Government to make sure that that absolutely happens.