Modern Slavery Bill

Ian Murray Excerpts

Tuesday 8th July 2014 Commons Chamber

[Mrs May]

I absolutely appreciate the passion with which the hon. Lady makes that point, and the experience on which she draws in doing so, but we have taken evidence from a number of areas and heard a number of people point out quite forcefully the difficulty of a child-specific offence where age is uncertain. For example, in evidence to the pre-legislative scrutiny Committee, Riel Karmy-Jones, a barrister who deals with trafficking offences, said that

“problems arise over separate offences that pertain specifically to children—for example, when the age of the child is not easily determined and you end up relying on age assessments, which I have done in some of the Nigerian trafficking cases.”

In those circumstances, if we did not know the age of the child, we would end up in court arguing about whether the specific offence was right, rather than being able to rely on the general offence.

Similarly, Detective Inspector Roberts, when asked whether a child-specific offence would help, replied:

“Not as a separate offence. The legislation perfectly encompasses it, but I would share Mr Sumner’s view—

another police officer—

“about the sentencing guidelines certainly around children and it being an aggravated offence… I think wholly different legislation would be unnecessary and complicated.”

We want to ensure that prosecutors and the police can deal with this as sensibly and easily as possible so that we get more prosecutions, but the evidence indicates that trying to introduce a child-specific offence might complicate prosecutions rather than make them easier.

[Ian Murray (Edinburgh South) (Lab)]

Will the Home Secretary give way?

[Mrs May]

I will give way, but then I will have to make some progress.

[Ian Murray]

I am grateful to the Home Secretary for her response to my hon. Friend the Member for Wigan (Lisa Nandy), but will she consider giving herself the flexibility in the Bill to be able to bring forward regulations introducing a child-specific offence at a later date, rather than having to go through the process of introducing another piece of primary legislation?

[Mrs May]

That is a legislative device—I do not use the term in a negative sense—that we are using elsewhere in the Bill, but I say to hon. Members who have raised the matter that this is not just a belligerent point from the Government. We genuinely believe from the evidence we have seen, having talked with lawyers, prosecutors and the police, that the general offence will lead to more prosecutions, with the caveat I mentioned earlier about accepting when a victim is vulnerable—for example a child, as it is recognised that they might not have been in a position to have actively given consent and therefore should not be assumed to have given that consent—and that is being dealt with.

I will now attempt to make some progress on other points. The Bill also closes a gap in existing legislation whereby law enforcement officers are not always able to stop boats around the UK and on the high seas when they suspect that individuals are being trafficked or forced to work. There have been seven such occasions over the past two years. The Bill will provide law enforcement officers with clear powers to stop boats and arrest those responsible.

Tough sentences, seizing assets and closing loopholes are only part of the answer. The police and other law enforcement agencies must ensure the effective and relentless targeting and disruption of the organised crime groups that lie behind the vast majority of the modern-day slave trade. I have made tackling modern slavery a priority for the National Crime Agency, and work is under way to ensure that the law enforcement response at the local, regional and national level, and at our borders, is strong, effective and collaborative.

We are developing our capabilities to detect, investigate and prosecute modern slavery through better intelligence, better sharing of intelligence and more work upstream. For example, specialist safeguarding and trafficking teams are being rolled out at all major ports so that trained officers can help identify victims being trafficked across our borders, disrupt organised criminal groups, collect intelligence and provide a point of expertise and guidance for front-line officers.

We must ensure that law enforcement agencies have a range of effective policing tools, so I propose to take further action in the Bill. Part 2 introduces vital new tools, modelled on existing powers to stop sexual harm, to prevent modern slavery offences. Slavery and trafficking prevention orders will target convicted traffickers and slave drivers and can be used to prevent further modern slavery offences taking place—for example, by stopping an offender working with children, acting as a gangmaster or travelling to specific countries. Slavery and trafficking risk orders will restrict the activity of individuals suspected of being complicit in modern slavery offences. For example, they could be used to stop activity where there is insufficient evidence to bring a successful prosecution now but there is clear evidence of the risk of future trafficking or slavery offences being commissioned.

Modern slavery is a complex and multifaceted crime. To tackle it effectively, we need not only new legal powers but effective co-operation across law enforcement, borders and immigration, and local services. In the past, the number of prosecutions and convictions for those specific offences has not reflected the scale and seriousness of the problem. In 2013, for example, there were only 68 convictions. That is not good enough. We need a senior figure dedicated to the UK’s fight against modern slavery to strengthen law enforcement efforts in the UK and ensure that victims are identified and get effective support. That is why the Bill includes an anti-slavery commissioner to encourage good practice in the prevention, detection, investigation and prosecution of modern slavery cases. The Bill extends the role outlined in the draft Bill published in December so that the commissioner can work internationally to encourage co-operation against modern slavery and oversee the identification of victims.