Modern Slavery and Victim Support

Lord Coaker Excerpts

Wednesday 27th March 2019 Westminster Hall

[Vernon Coaker (Gedling) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Betts. I congratulate the right hon. Member for Chingford and Woodford Green (Mr Duncan Smith) not only on securing this important debate, but on his excellent presentation and the content of his remarks. I must say that I agreed with every single word.

There are many officers of the all-party parliamentary group here supporting the right hon. Gentleman, and they will no doubt make their own contributions, but I want to start out by echoing what he has just said; this is not a party political issue. From my other challenges to her, the Minister will know that although the Modern Slavery Act was a tremendous, landmark piece of legislation, and it would be ridiculous to say otherwise, it would be remiss of us not to say that there are issues we need to raise. We are not doing that to be negative; we want to challenge the system by saying, “Come on, wake up and let’s do things a bit quicker.”

I will put the matter in context for those who watch our debates. Here we are in this beautiful Parliament, in this wonderful Chamber, yet half a mile away—a quarter of a mile, even—there will be people who are victims of trafficking and slavery. It is unbelievable in 2019 that that is the case. When the right hon. Gentleman spoke with such passion, it was to say to the system, “Surely we can do better.”

The statistics that the National Crime Agency released just a week or so ago are stark. They represent huge increases. I know we can say that that is because of greater awareness and such things, but when we have figures showing a 36% increase in the number of referrals in a year, there is no doubt that they signify a growing problem in our country.

I say to the Minister that it has come to something when the starkest increase in those figures is in the identification of child victims of exploitation. It is unbelievable to see that the referrals for children rose by 48% in comparison with 2017. They come into the care of the state, and many of them are, as the right hon. Gentleman said, going missing. Of course nobody wants that to happen, but when ECPAT UK—Every Child Protected Against Trafficking—is telling us that, according to its research, 15% go missing at least once, and 190 went missing permanently, it is a national disgrace. It is not that the Minister wants that to be happening, but it is a wake-up call for all of us to say that we should do more and do better.

Victim support is a crucial part of this. I say to the Minister that I cannot for the life of me understand why the Government are to an extent resisting Lord McColl’s Bill. Everything that the Government do is to try to improve victim support. If people have a conclusive grounds decision under the NRM, they will get 45 days. For most people, it is just impossible for their immigration status, even if it is a case of special discretionary leave, to be sorted out in that time, so they go into a twilight world. That is the reality.

I say to the Minister again that the whole system is bedevilled by the clash between the desire to support victims, and the immigration system. I think that we have to be a bit braver as a country and say that of course we want a fair and effective immigration system, and one that works, but we are not going to have a system that, because that is our priority, puts victims of trafficking and slavery at risk. There is a policy clash, and I know that the Minister is aware of it. I suspect that she goes and argues that and perhaps does not get the response that she wants, because in my mind I can hear her arguing what I am saying and others in government saying, “Unfortunately, we have to be careful, because it will be a pull factor and people will be swarming into the country on the basis of saying that they are victims of trafficking.” That is nonsense, and the Government need to sort it out. I very much support Lord McColl’s Bill.

I shall conclude my remarks to keep to six minutes, but I want to challenge the Minister. Section 49 of the Modern Slavery Act 2015, which relates to guidance about supporting victims, has still not been enacted three or four years after the Bill was, so the statutory guidance has not been dealt with. I know that the Minister is to consult on it and that different groups are interested. I should have declared at the beginning of my speech my entry in the Register of Members’ Financial Interests about my links to the Human Trafficking Foundation. I just say to the Minister that there is a desire for broader consultation on the matter with the sector, and I think that that is important.

Finally, if we look at the child victims of trafficking in the system, it is astonishing to see that the majority of those children are British. The majority of trafficked children referred to the national referral mechanism are British. Surely it is a wake-up call to all of us, when we lecture the rest of the world, that we have a real problem ourselves—generally, because of county lines, and because of the experts. All of us know that this is a very real challenge. The children of our country deserve better and the victims of this country deserve much better support than they are getting at present. That is the challenge for all of us, and I know that the Minister will take it forward.

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[The Parliamentary Under-Secretary of State for the Home Department (Victoria Atkins)]

It is a pleasure to serve under your chairmanship, Mr Betts. I thank my right hon. Friend the Member for Chingford and Woodford Green (Mr Duncan Smith) for securing this important debate on support for victims of modern slavery. I thank all right hon. and hon. Friends and Members for their collaborative contributions and for challenging me, the Minister, as they are right to do. I thank them for the tone of the debate; it was as is usual in this arena, particularly with Members who are committed to and interested in this subject.

We all agree that modern slavery is a heinous crime, and protecting victims of modern slavery is a responsibility that the Government take extremely seriously. Colleagues have been kind enough to describe the Modern Slavery Act 2015 as a landmark piece of legislation—it is—but we do not rest on our laurels, and we are always looking to improve on it. I hope colleagues understand that a host of measures support the implementation of the Act. As proof, if it is needed, colleagues can take our decision earlier this year to commission an independent review of the Act. The final interim report was published last week. The reports have been extremely interesting and useful, and I will talk later about one in particular.

I am keen to mention the Prime Minister’s call for action at the United Nations. She challenged the rest of the world to pay the same attention to modern slavery as we do, and to join us in our efforts to tackle it. She has set the ambitious target of ridding the world of modern slavery by 2030. Sadly, we all recognise that modern slavery is a crime that knows no international or geographical boundaries.

The hon. Member for Nottingham North (Alex Norris) rightly challenged me on the transparency of supply chains, as set out in section 54 of the Modern Slavery Act 2015. He may be interested to know that after the debate I will be dashing to another part of Westminster to open the 2019 international conference on tackling modern slavery, forced labour and human trafficking in public sector supply chains. At the recent G20 meeting, the Prime Minister announced that the UK would become the first country to publish a modern slavery statement for central Government. We will be publishing that statement later this year, and it will cover work done by all central Government Departments. That is a significant step forward.

My hon. Friend the Member for South West Bedfordshire (Andrew Selous) challenged us to look at our own supply chains, whether in car washes or nail bars. He was right to mention car washes. I have on my phone the app “Safe Car Wash”, and a very useful app it is too, although I confess I clean my car less frequently than I get my nails done. The hon. Member for Swansea East (Carolyn Harris) is right to ask questions as her various beauty treatments are performed. Funnily enough, when I was talking to our new Independent Anti-slavery Commissioner, we discussed nail bars. As the beauty industry may or may not know—I do not know whether the letter has gone out—I will be challenging it to ensure that the products employed in its name are used in salons that meet our expectations for the way they treat their members of staff, and the efforts they make to tackle modern slavery.

Similarly, I had the pleasure of visiting Paris just before Paris fashion week for a conference hosted by our British ambassador. The world’s fashion industry, from haute couture all the way through to wonderful high-street brands such as Zara, was in the room to talk about how it can ensure that its supply chains are transparent. As a result, a number of British businesses are designing apps that can help consumers decide whether to purchase an item of clothing, depending on what the app tells them about the transparency and compliance of supply chains in the business that made it. All sorts of things are going on to enable us, as individuals, to do our bit to ensure we do not inadvertently support modern slavery.

Colleagues have rightly and understandably mentioned Lord McColl’s Bill, and I thank Lord McColl for his continued vital work in this arena. I understand that he is supporting the review with his expertise, and I am delighted to hear that. I am sorry to say to Members present that the Government do not support the assertion that victims should be automatically granted leave to remain for 12 months. Consideration of whether an individual is a victim of modern slavery and any decisions as to their immigration status are, and must remain, separate. Such decisions are made on an individual, case-by-case basis, and modern slavery is a broad umbrella term that covers a wide spectrum of crime. As we have heard, victims can have very different experiences and needs, so it is right that our approach to granting discretionary leave takes account of that.

We have concerns that a blanket policy of discretionary leave to remain risks incentivising individuals to make false trafficking claims, diverting support and time away from genuine victims. Indeed, on occasion, caseworkers hear very similar stories from victims, which lead them to think that a claim may not be legitimate. However, we are concerned with ensuring that the immigration system runs alongside the national referral mechanism as efficiently as possible. Non-EEA nationals will receive a conclusive grounds decision at the same time as their discretionary leave decision, unless they are claiming asylum; if they are, they will be considered for asylum before they are considered for discretionary leave, because asylum has its own different forms of leave. All victims are supported until they receive a conclusive grounds decision, regardless of how long that takes—the minimum is 45 days, but it may be longer—and confirmed victims get a further 45 days after that. Non-EEA nationals will receive a conclusive grounds decision and a discretionary leave decision, and they will then have 45 days of support.

Hon. Members rightly and understandably raised concerns about re-trafficking, which is one of the great fears of those who work to support victims, whether in the charitable, third sector or law enforcement space. A number of the reforms I will speak about aim to reduce the risk of re-trafficking. For example, we have extended move-on support from 14 days to 45 days so that victims have more time to transition out of NRM support. We are also testing six new approaches with six local authorities, of which Nottinghamshire is one, to identify best practice in linking victims with local services at the end of the NRM process. That is to increase resilience and guard against further exploitation.

[Vernon Coaker]

I thank the Minister for the contribution she is making, and I ask her to reflect on whether it is possible for us to collect data on what happens to people when they leave the system after 45 days. At the moment, that data is not collected, so we are unaware of what is going on and what happens to people in those circumstances.

[Victoria Atkins]

The hon. Gentleman has raised that point with me before; I take his point, and I am alert to it. The process will be complex, but that is not a reason for not doing it, so I am looking into that issue.

There have been reforms to the national referral mechanism, and we have already begun to improve the support that victims receive. As I have said, we extended the period of move-on support in February. Victims now receive 45 days of move-on support, in addition to the minimum 45 days of support received during the recovery and reflection period.

The hon. Member for Gedling (Vernon Coaker) challenged me about the statutory guidance under section 49 of the Act. Guidance is in the process of being drafted, and it has been shared with NGOs. I am keen to get this done as quickly as possible; the hon. Gentleman asked me whether we could have a wider consultation, but frankly, I think we need to get this done. We have shared that draft guidance with NGOs for their feedback, but I am also mindful of the judgment in the case of K & AM v. Secretary of State for the Home Department. I would rather get this done than wait three months, or however long a public consultation takes. However, if colleagues have any observations about the guidance, that would be welcome and gratefully received.

We are identifying more victims than ever before. Last week, the National Crime Agency released the 2018 NRM statistics, which were chilling: 6,993 potential victims were referred to the NRM in 2018, representing a 36% increase since 2017. We are obviously pleased that there is greater awareness of the NRM and how we should treat victims of modern slavery, but it leaves us with the great challenge of how hidden this crime is and the need to help the many thousands of victims who are coming forward. Sadly, we also know about the impact that the phenomenon of county lines is having in this area, which is a subject that many Members have raised. I will address that issue when I come to talk about children.

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[Victoria Atkins]

We are not building the system around abuse. We are building the system around the fact that, as has already been mentioned, the largest cohort of referrals to the NRM are British. Modern slavery exists in and of itself, and it sits separately from the asylum system. We must ensure that we have support for victims of modern slavery, as we do through the national referral mechanism. Questions of immigration are in addition to the support they will get through the national referral mechanism. Not every victim of modern slavery or human trafficking is a non-EEA national. The statistics, sadly, show that very clearly.

We are launching a digital system later this spring to help to make our delivery of support much more efficient, and that will help first responders to ensure that victims get into the system as quickly as possible. We are seeing faster decision-making times than ever before. We have more than doubled the number of caseworkers working on the NRM. The single competent authority launched in its shadow form in January 2019 and is on track to be fully launched in April. That single, expert unit will make all NRM decisions, regardless of the potential victims’ nationality. That will be a significant step forward, and I hope it will help victims once they are in the system.

[Vernon Coaker]

In this part of her speech, will the Minister say something about the review process of the Modern Slavery Act 2015? Deliberations are complete and will be with the Government, including measures or recommendations about victim support. For the benefit of the debate, does she know what the consideration of that will be, when the Government expect to respond and whether that response will be published for Parliament so that we can all look at it and discuss it?

[Victoria Atkins]

I am extremely grateful to the hon. Gentleman, who has helped the review with his expertise. I cannot recall the date off the top of my head, but we have been considering the interim reports as they have been published. We do not want to rush; we want to get it right. Alongside the work on the statutory guidance we are drafting, I am clear that we want a response in good time. We are not going to hang around, but we want to get it right. I very much want to publish it, because Members will want to look at our response.

I must thank the reviewers—the right hon. Member for Birkenhead (Frank Field), my right hon. Friend the Member for Basingstoke (Mrs Miller) and Baroness Butler-Sloss—and the secretariat for their work in formulating the reports, which have been incredibly thoughtful and focused in their recommendations. I am considering each interim report. I do not know whether the reviewers want to tie all the reports into one big report at the end, but we will be responding soon.

We are conscious of the responsibilities to ensure that the next victim care contract meets the expectations of everyone involved in tackling modern slavery. It will include landmark reforms such as places of safety, which will provide up to three days of immediate support to victims rescued out of a situation of exploitation by law enforcement. It will include an inspection regime for safe houses. We are working with the Care Quality Commission to develop that, and it will be underpinned by the slavery and trafficking survivor care standards. I am grateful to the sector for its work in drawing that together. In providing support to victims, we must remember that every victim’s journey is different. I visited a safe house recently, and that point was re-emphasised to me by every person and resident I spoke to there.