Independent Advocates for Trafficked Children

Jim Shannon Excerpts

Tuesday 28th June 2016 Westminster Hall

[Jim Shannon (Strangford) (DUP)]

It is a pleasure to speak in this debate. I thank the right hon. Member for Slough (Fiona Mactaggart) for setting the scene. We have all said this about her, but we mean it: she has certainly been an advocate for this issue, and it is a pleasure to follow her and add some comments. I will speak about Northern Ireland, including the Northern Ireland legislation that she referred to.

Parliament expressed its view clearly in passing section 48 of the Modern Slavery Act 2015. The Government even accepted Members’ criticisms and amended the Bill to make the provision a duty rather than an enabling power, yet they are now choosing to interpret that section as if it were an invitation and not an instruction. That concerns me, and hopefully the Minister will respond to that point. Like the Northern Ireland Assembly, I believe that there is more than enough evidence and best practice available upon which a statutory national service can be based. That evidence comes from a variety of countries, from international organisations, and, closer to home, from Scotland, as the hon. Member for Lanark and Hamilton East (Angela Crawley) said. Consequently, Northern Ireland’s statutory independent guardian service is already in development, as has been mentioned, under section 21 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015.

The Government, however, had a different opinion and felt that they needed to carry out their own trials to establish whether advocates provide a material benefit and add value to the care provided for children over and above existing services. That is perhaps not surprising in the light of their long-held view that existing children’s services were sufficient to support trafficked children, which I note they continued to profess immediately following the 2013 publication of the Government-funded “Still at risk” report from the Refugee Council and the Children’s Society. That report highlighted the insufficiencies and recommended a new advocate-like role to address them.

I therefore commend the coalition Government for deciding first to establish trials, and then to include child trafficking advocates in the Modern Slavery Act— some good stuff has been done. After the successful completion of the first trials, the Government can now be in no doubt about the beneficial impact of independent advocates, which the right hon. Member for Slough so clearly set out. I simply reiterate that the evaluation report makes clear that

“advocates added value to existing provision, to the satisfaction of the children and most stakeholders.”

It seems to me that the trials entirely fulfilled their purpose. They tested a system, demonstrated that the fundamental provision in question produced clear beneficial outcomes on many different fronts and highlighted areas for improvement in a full-scale implementation. Those improvements can and should be integrated into the new statutory scheme. Conducting further trials would be an unnecessary waste of time and resources. There has already been a delay of six months since the evaluation report was published, and longer since the trials ended. We can only expect further delays as procurement protocols, recruitment processes and other preparatory work, presumably including the setting up of a new evaluation mechanism, are carried out to establish further trials.

Many of the findings of the evaluation report were flagged up early in the interim report. They led to key amendments to section 48, including those relating to the legal powers of advocates and the duty of other public authorities to have due regard to advocates’ role.

Mindful of those considerations, I argue that rather than entertaining further delays through more trials, the time has come for the Minister to take action and to bring section 48 into force. I very much hope that she will confirm in her response, which I look forward to, that that is now the Government’s intention. It cannot be anything less.

If, however, the Minister insists on the expense and delay of yet further trials, I ask her, with respect, to explain how she envisages new trials addressing the gap in authority. How will the Government evaluate the effectiveness of advocates in engaging with local authorities and relevant agencies, given that the trials do not actually trial what is proposed? They deny advocates the statutory status that is central to their being able to deliver their function. It is difficult to see what mechanisms could be used in trials to require local authorities and relevant agencies to give due regard to the advocate’s role and responsibilities that would have a similar weight to a statutory duty. Sadly, the consequences of the delay will be that many vulnerable children across England and Wales have to go without much-needed assistance.

Scotland has of course been leading the way in the UK for some time, and I am pleased to say that Northern Ireland will shortly be joining Scotland in providing statutory independent guardians for both trafficked and separated migrant children. We are pleased to be part of that process, as the hon. Member for Lanark and Hamilton East said, and to follow the clear direction that Scotland has taken. It is a matter of great regret that trafficked children in England and Wales will not have the same access to support as those in Scotland and Northern Ireland.

When the lives of vulnerable children are at stake, it is imperative that we act with urgency, and we need urgency in the Minister’s response today. Does she really want it to be said that the worst place to be a trafficked child in the UK is in England and Wales, because the statutory rights and protections are weaker? I certainly hope not. I urge her to unblock the logjam that is holding up the commencement of section 48 and to act swiftly to enable every trafficked child in England and Wales to have an independent child trafficking advocate as soon as is humanly possible. I also ask her to address how she will ensure that separated migrant children in England and Wales will not be at a disadvantage compared with children in Scotland and Northern Ireland, who will have access to independent guardians.

It is a pleasure to speak on this matter, and it is important that the issues involved are stressed. I believe that England and Wales should follow Northern Ireland and Scotland’s examples, and I say in all honesty that it would be remiss of the Minister not to give a clear direction on that today. I look forward to her response, as well as that of the shadow Minister, the hon. Member for Rotherham (Sarah Champion).

[Mr Gary Streeter (in the Chair)]

We now move on to the Front-Bench speeches. It is worth pointing out that the debate can go on until 4.26 pm, but of course it does not have to.