Immigration Bill

Lisa Nandy Excerpts

Wednesday 7th May 2014 Commons Chamber

[James Brokenshire]

This group covers the remaining aspects of the Bill. I will focus on Lords amendments 16 and 24 at the outset, which, as has been highlighted, infringe financial privilege.

Lords amendments 16 and 24 require the appointment of a guardian to represent the interests of children when there are reasonable grounds to believe that they are the victims of cross-border trafficking. The Government wholeheartedly share the noble Lords’ intention to protect and support that incredibly vulnerable group of children. Supporting victims, including children, is at the heart of everything that we are seeking to achieve through the draft Modern Slavery Bill. That Bill aims to tackle the appalling crimes of human trafficking, slavery, forced labour and domestic servitude. Those crimes are quite separate from the matters that are dealt with in the Immigration Bill. In our judgment, it would be wrong and unhelpful to conflate the two.

[Lisa Nandy (Wigan) (Lab)]

Before I came to this place, I spent nearly a decade working with trafficked children. These matters are not separate at all, because many trafficked children come through the immigration system, and often the only state official they come into contact with is a member of the UK Border Agency. These matters are as one and the Immigration Bill is a fitting place to provide support and protection for such children.

[James Brokenshire]

I agree with the hon. Lady that immigration can be a relevant factor and that it relates to a number of the issues that are involved in trafficking. From visiting charities and meeting victims of trafficking, I understand the compelling stories and issues that they raise. However, at its heart, trafficking is organised crime. Sometimes, when it is viewed simply in the context of immigration, significant aspects of the level of organisation and criminality involved can be missed, as can trafficking within the UK. That is why we judge it important to recognise the broader context so that the solutions that are provided are comprehensive and address all the issues involved. The Government’s approach of seeking to understand that broader context and the organised criminality involved has gained support from non-governmental organisations, charitable organisations and others.

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Secondly, the Lords amendment would apply only to victims of cross-border trafficking. The evil of child trafficking extends not only to those who are trafficked across our borders but to children who are trafficked within the UK, as the horrific sexual exploitation of girls in Rochdale and Oxford has shown. That is why our specialist independent advocates will offer support to all victims of child trafficking, not just those trafficked across our borders. [Interruption.] The hon. Member for Wigan (Lisa Nandy) is making her point from a sedentary position, but I genuinely do not think that there should be a difference between us on this point. There is a genuine desire to address the issue in its broadest sense and understand it effectively and properly. I know that members of the Joint Committee on the Draft Modern Slavery Bill are here this afternoon, and they have made an enormous contribution to the consideration of these matters. I do not want to get drawn into a broader debate this afternoon—I hope there will be plenty of further time for that—but I believe that there is a growing unity of view across the House on the need to act and the way in which we should approach this issue.

[Lisa Nandy]

I welcome the fact that the Minister is trying to look at broader issues of children’s welfare; perhaps I would welcome that even more from the children’s Minister.

There is a particular issue for children who come into this country from overseas concerning their immigration status. Quite often, the reason we do not get trafficking prosecutions and do not really tackle this awful crime is that we do not treat the victims properly. Children who are accommodated under section 20 of the Children Act 1989 do not have anybody with parental responsibility to instruct their lawyer, which is why this debate really matters.

[James Brokenshire]

I am grateful to the hon. Lady for her intervention and for her genuine passion and concern for the welfare and well-being of an incredibly vulnerable group of children. We are taking forward our pilots of child advocates so that we can ensure that there is support for those children, and we must not take lightly our responsibility for protecting them. However, having tested the model of advocacy, we do not want to risk putting in place a model that would fail to deliver safety for that group in a practical way.

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[James Brokenshire]

The trials are intended to be conducted in 23 areas, commencing at the beginning of July. We have not, at this stage, set an end point for the duration of the trials, but I want evidence and feedback that can inform the consideration of an enabling power in any modern slavery Bill that comes forward. A statutory mechanism will ensure that the trials can commence and that we can learn and benefit directly from them, enabling a statutory underpinning of the optimum provision.

[Lisa Nandy]

I am grateful to the Minister for giving way again on such an important issue. The statutory underpinning for advocates is welcome. I want to check that they will be provided for children who are suspected of being victims of trafficking before they have to go through the very difficult process and jump through those hoops to be deemed a victim of trafficking. It is that process that children find very hard to get through. Will advocates be provided at the point at which concerns are raised that the child may be a victim of trafficking, rather than at the point when they have been deemed by the system to be a victim of trafficking?

[James Brokenshire]

Under the arrangements, each child victim is to be allocated a person with specialist training and expertise in trafficking. They will provide dedicated support and guidance to ensure that the child’s voice is heard. That is often the biggest challenge when there are so many different obstacles, such as language and the trauma the child has gone through. It is intended that the advocates will provide a single point of contact through the care and immigration process and will be responsible for promoting the child’s safety and well-being. That is particularly important in relation to the risk of children being re-trafficked, which is a significant concern. Children have disappeared and the worry is that they have been re-trafficked into slavery.

The scope of the work is being developed further. I note what the hon. Lady has said about initial identification and support throughout the subsequent process. I would expect the trials to involve thorough and appropriate tests, in accordance with the optimal periods during which interventions can take place. I would also expect appropriate support to be provided for children who have come forward and are waiting for an initial assessment of the prima facie evidence relating to whether or not they have been trafficked. I recognise the genuine concern that has been expressed by Members and others about the provision of support, and I hope that my assurances will enable the House to support the Government in disagreeing with the Lords amendments.