Northern Ireland (Executive Formation etc) Act 2019 Section 5

Jim Shannon Excerpts

Monday 30th September 2019 Commons Chamber

[The Parliamentary Under-Secretary of State for Northern Ireland (Mr Robin Walker)]

I beg to move,

That this House takes note of and approves the Report pursuant to Section 3(12) of the Northern Ireland (Executive Formation etc) Act 2019 - Use of discretionary powers to provide assistance and support under section 18(9) of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015, which was laid before this House on Wednesday 4 September.

It is an honour to speak for the first time as a Northern Ireland Office Minister, though by no means for the first time on Northern Ireland matters.

On 4 September, my right hon. Friend the Secretary of State laid before Parliament a report on the use of powers to provide support and assistance under section 18(9) of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015. As Members will know, the policy on modern slavery is a devolved matter in Northern Ireland and is dealt with by the Northern Ireland Department of Justice. I thank officials from the Department for the assistance they have provided in producing this report.

Modern slavery is a truly abhorrent practice that can often have long-lasting physical and psychological effects on its victims. It is unsettling to realise that those who are vulnerable in our society could be subjected to such crimes, but the distressing reality is that callous traffickers and enslavers are operating across the UK, including in Northern Ireland. I recognise and welcome the significant good work that daily continues to be taken forward by partners in Northern Ireland, across Government and by statutory agencies, civil society and the Police Service of Northern Ireland, in seeking to tackle this issue.

We know that modern slavery is happening in Northern Ireland and I am aware that the Department of Justice has recently welcomed a number of convictions under the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act. This is encouraging, as it undermines any low-risk, high-profit perceptions that might have been held by exploiters and traffickers and sends out a strong message that modern slavery will not be tolerated in Northern Ireland. As with the rest of the UK, Northern Ireland has in general seen increasing numbers of referrals to the national referral mechanism over the past five years.

[Jim Shannon (Strangford) (DUP)]

Will the Minister congratulate the PSNI on what it did today and over the weekend when it caught some of those involved in human trafficking and its after-effects? Does it perhaps show that the PSNI needs this legislative back-up to pursue criminals who do not care about people as individuals but look upon the people they traffic not as people but as commodities? The PSNI can do its job, but the Minister and the Government need to do theirs alongside it.

[Mr Walker]

The hon. Gentleman makes a powerful point. I was going to come to the actions of the PSNI in my closing remarks, but let me congratulate it on its work. It is clear that, while the legislative framework is slightly different in Northern Ireland from that in the UK, it is enforcing the law actively, which sends an important message to the traffickers. He will recognise that the report relates to specific support under the law of Northern Ireland, rather than to the issue of who is arrested and for what, but his point is very valid, and certainly I am unstinting in my praise for the work of the PSNI in protecting the victims of trafficking and indeed protecting the whole of society across Northern Ireland.

[Mr Walker]

The hon. Lady makes a powerful point. I want to come to the elements in the report that focus on the support to victims of trafficking—that is what it is really focused on. It is important that we send a message, as we have done in our many discussions in the wider debate about human trafficking in this place—that the victims should be protected and reassured wherever possible that their rights will be respected. I join her in acknowledging that.

The number of referrals has gone up, perhaps as a result of greater awareness of the issue and increased reporting. Tackling modern slavery is a key priority for the Department of Justice in Northern Ireland and, as we have discussed, for the PSNI, and I commend them for the work they have done with other Departments that have significant roles, such as the Department of Health, which is responsible for child protection.

I know that across the statutory agencies and civil society organisations with which the Department is working there is a group of hugely committed and dedicated people who are pursuing offenders, providing essential support to victims so that they can rebuild their lives, and actively raising awareness or trying to reduce demand.

[Jim Shannon]

There is an organisation in my main town of Newtownards. It is a charity group and probably a church group as well. The hon. Member for North Down (Lady Hermon) referred to aftercare and the follow-on. I think that is what it does. Will there be funding, grant aid and assistance to help those organisations doing such marvellous work, albeit under the radar—they have probably never heard their name mentioned. They are doing the work where it matters and some assistance to help them would be gratefully received if possible.

--- Later in debate ---

[Fiona Bruce]

I thank the hon. Lady for her intervention.

In 2015, the Northern Ireland Assembly became the first legislature in the United Kingdom to pass comprehensive human trafficking legislation. I commend Lord Morrow on his leading role in initiating that legislation and the Assembly on fully supporting its wide-ranging provisions. In some areas, it goes further than the human trafficking legislation in England and Wales, the Modern Slavery Act 2015, in providing statutory assistance and support for victims during the process of confirming victims, which is known as the national referral mechanism. There is also a fully implemented scheme of independent guardians for trafficked children. An article published in the journal Statute Law Review in 2016 described that Northern Ireland Act as “an impressive instrument”.

Section 18 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) sets out the first statutory support for victims, or potential victims still to be assessed, of a minimum of 45 days during the NRM process, but it also recognises that there are times when that support would need to be extended. Again, the Northern Ireland Assembly was ahead of the rest of the UK in that regard, because section 18(9) specifically allows for assistance and support to be extended beyond the point where a victim receives a positive conclusive grounds decision at the discretion of the Department of Justice. Indeed, it is one of the more bizarre features of the current system of identifying victims of trafficking that, once fully recognised as a victim, the state offers them no further statutory support. As the previous anti-slavery commissioner said,

“supporting a potential victim until the conclusive decision is made and then ceasing support so abruptly could be damaging for the victim and negatively affect their recovery.”

In 2013-14, Members of the Northern Ireland Assembly envisaged that there could be circumstances in which it is not in the best interests of the victim for support to be stopped if they receive a positive conclusive-grounds decision. The Assembly was ahead of its time in recognising the need for victims to receive support beyond that point. The report that we are considering shows that, for the past three financial years, 17 victims received that additional support. That is welcome, although sadly the numbers are low. Will the Minister give us some more information on how long the victims were supported and say why information is scant? Will he confirm that those 17 did indeed receive that extended support after they had had a positive conclusive-grounds decision?

Northern Ireland introduced that pioneering legislation, and there has been much debate and dialogue about what assistance should be provided, and for how long. It has become clear that the extent of stability and support that victims need to help them on a pathway to recover beyond the NRM potentially has a huge impact on their ability to recover, on their resilience to the very real risk of re-trafficking, and on their capacity and confidence to participate in police investigations and court proceedings against their traffickers. They need that support to enable them to have the confidence to stand up and do so.

[Jim Shannon]

Does the hon. Lady recognise the international aspect of human trafficking? The hon. Member for North Down (Lady Hermon) referred to local paramilitaries, both loyalist and republican, being involved in human trafficking. In many cases, the people who are trafficked are from eastern European countries, so the internationalism of criminal gangs must be taken into consideration. Under the legislation that has been introduced to help the victims, that internationalism must be considered so that we find the right way forward.

[Fiona Bruce]

That is why I was disappointed that there was no reply to the third aspect of the report, on information relating to the immigration status of individuals. It was not so much that I wanted to see particular information, but it might have indicated a pattern of trafficking to this country from certain other jurisdictions, which could be helpful in tackling the problem further.

I have spoken a number of times about the need for much greater support for trafficked victims, which was acknowledged in a court case in June by the Home Office, albeit in an out-of-court settlement with victims of human trafficking. If the Home Office has acknowledged that in a case in this jurisdiction, it should consider that that has implications for Northern Ireland. Forty-five days is better than nothing, but it is still not enough. Several reports and Committees have stated that in recent years, and I shall highlight a few. The Select Committee on Work and Pensions produced an important report on victims of modern slavery as long ago as 2015 and strongly recommended personal recovery plans for victims of up to 12 months in cases in which they wanted to stay in the UK. More recently, the British Red Cross, in its July 2019 report, “Hope for the future”, repeated those needs. The Home Affairs Committee is running an inquiry into the impact of the Modern Slavery Act 2015, including, because it knows that it needs to be looked at, levels of support for victims and how that can be improved. The independent review of the Modern Slavery Act, led by the right hon. Member for Birkenhead (Frank Field), along with the Chair of the Women and Equalities Committee and Baroness Butler-Sloss, stated in its final report in May this year that there was a need for improved victim support, even though victim support was not in its remit. It said that

“it cannot be right that the Government provides no standardised post-NRM support offer for victims, who are often still incredibly vulnerable, and this can increase their vulnerability to being re-trafficked and re-exploited.”

As I have said, victims who receive support are more likely to be able to work with the police in any investigation of their traffickers and provide important evidence in court.

Following Northern Ireland’s example, Lord McColl of Dulwich introduced the Modern Slavery (Victim Support) Bill at the beginning of this Session in the other place. It is being taken through this House by my right hon. Friend the Member for Chingford and Woodford Green (Mr Duncan Smith) no less, and it recommends 12 months’ support. That is the kind of support that is needed, with the option of different services to meet an individual’s particular needs. I understand that it is possible that, if the Government accept the Bill, the measure will relate not only to England and Wales, but could easily be extended to Northern Ireland. I would appreciate a meeting with the Minister to discuss that and other aspects of my speech.

I sincerely hope that the McColl Bill will be considered in the House so that we can debate more fully the benefits of providing longer-term support for victims. The University of Nottingham Rights Lab recently published a cost-benefit analysis of providing support to victims in England and Wales on the basis of the provisions in the Bill. It estimated, staggeringly, that there would be a direct and indirect net benefit to society of up to £25.1 million from providing all confirmed victims with 12 months of support to help their rehabilitation.

The report of the independent review of the Modern Slavery Act, to which I have referred, called for standardised support for victims wherever they are trafficked in the UK. The Government report on trafficking that we are discussing gives very few details on why the 17 individuals were given further support. It is inadequate for it to say that the reason that the Department of Justice decided that it was necessary to provide assistance related to the general policy intent underpinning the provision. That is the rationale behind the regulation—it does not give us any detailed information. The response is barely five lines long. When one considers some of the desperate situations that people can face when they are trafficked, it is completely inadequate to have so little information to help us understand how they can be helped further. Will the Minister let us know whether or not officials who have made decisions to extend support have received any guidance on how to make those decisions? If there is guidance, can he place a copy in the Library? If there is no guidance, how are decisions made as officials consider the case of each individual victim?