Human Trafficking

Lord De Mauley Excerpts

Thursday 14th October 2010 Lords Chamber

[Lord De Mauley]

My Lords, I congratulate the noble Baroness, Lady Massey, on securing this debate on this very important topic. I know that she has a long-standing interest in this area and, in particular, in the welfare of children and young people. The debate has been very interesting. I am grateful to all noble Lords for their helpful contributions on how to improve our efforts against trafficking. This is a matter on which I know there is much cross-party interest, and think I can go so far as to say agreement. The prominence of this topic is reflected in the fact that there are no fewer than three debates in Parliament on this issue this week, as we approach Anti-Slavery Day on Monday, which is intended to raise awareness of trafficking as modern-day slavery. My noble friend Lady Benjamin underlined that point in her passionate and eloquent speech.

I assure your Lordships that this Government take their responsibilities to combat these frankly disgusting crimes very seriously. The noble Lords, Lord Dubs and Lord Laming, drew our attention to the important distinction between smuggling and trafficking, and they are right. Today we are debating trafficking, although as the noble Lord, Lord Laming said, there is crossover between the two. He also took us harrowingly through Victoria Climbié’s experiences, which are still so vivid in our memories, and emphasised the importance of our urgent attention to this subject.

A major element of concern voiced by noble Lords today has been the decision not to opt in to the EU directive. I would be grateful if noble Lords would allow me to attempt to deal with that as comprehensively as I can later on.

First, as regards our overall approach, there can be no doubt that human trafficking of children and adults, whether for forced labour, prostitution, domestic servitude or any purpose, are appalling crimes in which people today are treated as commodities and exploited for profit. The Government take a comprehensive approach combining a determination to tackle the criminals behind the trade with a commitment to supporting victims. This approach is designed to provide the framework in which we can ensure the necessary joined-up activities. Through work across government with law enforcement agencies, including the police, the Serious Organised Crime Agency and the UK Border Agency, and in conjunction with the voluntary sector, which plays such an important role in the care of victims, we must, and I believe we will, make substantial further strides towards tackling this menace.

Several noble Lords, including the noble Lord, Lord Dubs, and my noble friend Lady Benjamin, mentioned the need for public awareness, and their comments are well taken. I should also like to pay tribute to the several wonderful charities working in this area. Noble Lords have mentioned several and there are many more, all of which have highly dedicated people who are doing marvellous work. The Government recognise, and are grateful for, the huge benefits that they bring.

On enforcement, we already have legislation in place which outlaws trafficking and makes it an offence to pay for sexual services with someone who has been subject to exploitative conduct. This is backed by a robust policing and wider law enforcement response. My noble friend Lord McColl referred to what Sweden is doing and I can assure him that we are watching what is happening there, as in all member states, closely. Improving our knowledge and understanding of the problem is a key component to ensuring that our response is effective.

As my noble friend Lord Luke said, in August, the Association of Chief Police Officers produced a new study on the nature and scale of trafficking for sexual exploitation in England and Wales. It found that there are approximately 17,000 migrant sex workers in what is termed the “off-street” sector. Of these, at least 2,600 are trafficked and a further 9,600 migrant sex workers are vulnerable, which means that they have elements of vulnerability to trafficking. But most are likely to fall short of the trafficking threshold, which is the term for a combination of indicators, perhaps the most important of which is that the individual is being exploited. These figures and others quoted by noble Lords show why effective enforcement action is so vital.

Police forces are supported in this work by the United Kingdom Human Trafficking Centre, which plays a key role in providing operational co-ordination and advice to forces, including through its 24-hour tactical advice line. The noble and learned Baroness, Lady Butler-Sloss, expressed concerns about the ability of the border police to stop trafficking at the border, emphasising the need to maintain enforcement activity across the whole country. That is part of the reason why the Government are committed to establishing the National Crime Agency, which will include the border police and is specifically committed to tackling organised crime.

The noble Lord, Lord Bew, referred to the situation in Northern Ireland. That trafficking is taken seriously there is perhaps demonstrated by the fact that, as I think he said, the Northern Ireland Assembly passed a Private Member’s Motion in September condemning the crime. The PSNI is active with other law enforcement agencies to recover victims and to secure convictions. Recently, it co-ordinated a UK-wide operation, which saw 15 potential victims of human trafficking recovered across the UK. It is as keen as anyone to make progress.

Within London, the Metropolitan Police Service has established the Human Exploitation and Organised Crime Unit within the Specialist Crime Directorate to lead on combating human trafficking gangs in London, particularly—I think that my noble friend Lord Luke and the noble Baroness, Lady Gould, asked about this—in the five Olympic boroughs during the build up to the London 2012 Games. The activities of the Metropolitan Police in those boroughs provide an outstanding example of the very determined work that they are undertaking to ensure that the Games are not plagued by such crime and that those who seek to force women into prostitution will be met with the full force of the law.

My noble friend Lord Avebury asked, among other things, whether the UKHTC maintains a database of cases that can be referred to by the police and the CPS to help them to decide on the most appropriate charge. From 1 April 2010, all cases of human trafficking have been flagged electronically on the CPS case management system. These data are passed to the UKHTC on a regular basis to inform joint analysis. CPS electronic monitoring enables the capture of those cases where charges were changed following the first hearing or where trafficking cases proceeded on an offence other than trafficking. This will assist in identifying whether victims are dropping out of criminal proceedings or not supporting prosecutions. It will also provide indicators of any gaps in existing legislation that inhibit ability to bring a successful prosecution.

Care for victims was emphasised by many noble Lords. Ensuring that victims receive the protection they need and deserve is vital to our overall efforts at combating trafficking. As part of the implementation of the Council of Europe Convention, the National Referral Mechanism has been established to improve identification and protection of trafficking victims. Identified victims get an extendable 45-day recovery period and, in certain circumstances, a temporary residence permit. Victims are also entitled to accommodation, advocacy, counselling, medical care, legal advice, interpretative services and reintegration assistance if they return home.

The noble Baroness, Lady Massey, and the noble Lord, Lord Dubs, raised several issues about the organisation of our efforts to tackle child trafficking and care for the victims. Child trafficking is a form of child abuse and, in front-line policing terms, falls within the remit of police child protection work, in partnership with local authorities and children’s services. Responsibility for the care, protection and accommodation of child trafficking victims falls within the responsibilities of local authorities under the Children Acts of 1989 and 2004. Where a child is assessed as trafficked and therefore “in need”, a social worker is appointed—I think that the noble Lord, Lord Dubs, asked about this—and will be responsible for putting in place an individualised care plan, covering the full range of the child’s needs for accommodation, education and other support.

The noble and learned Baroness, Lady Butler-Sloss, and others raised concerns about the NRM. We agree that we must continuously look to making improvements. The noble Lord, Lord Hunt, specifically referred to training. A review of the NRM is being conducted. One of the key issues raised as part of that review has been a need to improve awareness of this process among the various authorities, including local authorities. We agree with that. Officials are working on the best ways to achieve this.

The noble Baroness, Lady Massey, also raised the type of accommodation provided. This will depend on the assessment of risk and the needs of the individual young person, together with the availability of accommodation locally. It might be in a children’s home for younger children or with a foster carer employed or engaged by the local authority. I should say that separated and vulnerable children from abroad enjoy exactly the same entitlements as all UK-born and resident children.

Local children’s services work in close co-operation with the police and the UK Border Agency to offer potentially trafficked children the necessary protection. At the border and within the UK, the UK Border Agency works closely with other statutory agencies, including the police and local authorities, to safeguard children. Arriving children and any accompanying adults are routinely interviewed at the port of entry. The UK Border Agency has for some time employed professional social workers who are available to give advice to UKBA staff on child welfare and child protection issues as they arise. As part of the NRM review officials are working to raise awareness of the NRM process which provides a mechanism to co-ordinate information and intelligence about a child’s needs.

Turning to international and European Union co-operation, human trafficking is very often a cross-border crime. So we must ensure that there is sufficient international co-operation between Governments and law enforcement agencies. The Government remain committed to improving that. Several if not most noble Lords have, understandably, raised the fact that the United Kingdom has decided not to opt in yet to the EU directive on trafficking in human beings. Noble Lords have raised a number of specific points on which they have concerns with this decision. Let me now attempt to address some of these and if I do not pick them all up I will write to noble Lords after the debate.

It is important to underline that although the decision is not to opt in at this stage, we will review the position when the directive is adopted. Furthermore, we continue actively to participate in the negotiations. Several noble Lords raised their understandable concerns regarding the prosecution of those who are trafficked, making the important point that the focus must be on identifying and prosecuting those who are doing the trafficking. We certainly agree with that. However, a blanket ban on prosecuting those who are arrested or apprehended by the police and who later disclose that they have been trafficked would be unlawful under the Prosecution of Offences Act 1985 which sets out the statutory obligations of the CPS. Specific guidance has been given to the CPS which requires prosecutors to review each case with a full analysis of the relevant facts and circumstances in a manner that is retrospective and case-specific, and which makes it clear that it is not in the public interest to bring charges against those who are coerced.

The matter of funding support for victims between the time they approach an NGO and when they are determined to be a victim was raised by, among others, my noble friend Lord McColl. As I have said, children have exactly the same entitlements as all UK born and resident children. Where potential adult victims who are without accommodation come to our attention, the appropriate authorities will work with NGOs to find interim accommodation until a decision about their status is made. Although the point has not been raised particularly by noble Lords, perhaps it is worth saying that we are compliant with the directive in this regard.

My noble friend Lord McColl said that the directive goes further than the convention on the requirement to provide “necessary” medical assistance to victims. I have been assured that all victims have access to full NHS care. The noble and learned Baroness, Lady Butler-Sloss, my noble friend Lord McColl and other noble Lords raised the matter of a special representative or legal guardian for child victims in court proceedings. Such victims currently receive the services of an independent reviewer, and it is the view of the Government that the distinction between this and a special representative is a fine one. However, it would be shocking if there were local authorities who could not or did not provide an adequate service of this type. If noble Lords are able to make me aware of specific examples of failures in this area, I shall take them to the department.

Another issue raised by my noble friend Lord McColl is the requirement in the directive to appoint a rapporteur or equivalent mechanism. The United Kingdom has an Inter-Departmental Ministerial Group on Trafficking which the Government believe fulfils the function of a rapporteur and that scrutiny by this group satisfies the requirements as set out in the directive. In terms of data gathering, the UK Human Trafficking Centre acts as a central repository for intelligence and data on human trafficking.

Adopting the directive would require some of its measures to be enshrined in legislation. Noble Lords will be aware that the Government have a general rule that they are keen to avoid extra legislation where reasonably possible. We are of the view that what matters is whether we actually tackle this terrible crime properly. We take it very seriously indeed and believe we have the tools we need, but as I said earlier, although the decision is not to opt in at this stage, we will review the position when the directive is adopted. I also take the point made by the noble Lord, Lord Bew, about the moral message.

The UK has a strong record in the fight against trafficking and is compliant in both legislation and practice with most of what is required by the directive. It contains no operation or co-operation measures from which the UK would benefit. While it will indeed help to improve the way other EU states combat trafficking, it will make little difference to the way the UK does so. There are also risks that some of the concessions secured during the negotiations may be reversed by the European Parliament. By opting out now but reviewing our position when the directive is agreed, we can choose to benefit from being part of a directive that is helpful but avoid being bound by measures that are against our interests. Several noble Lords have asked for a meeting, and I should say that I will be delighted to meet interested Peers, should they wish.

I can assure my noble friend Lord Roberts of Llandudno and the noble Lord, Lord Hunt, that we are satisfied that our decision will not affect our relationship with other European Governments. The UK continues to play an active role in helping to improve EU-wide efforts to combat human trafficking. We will continue to work constructively with those in Europe on issues of mutual interest. We have, for example, contributed to the Stockholm Programme, which contains a commitment to fight trafficking among the EU’s priorities until 2014. We are also involved in a number of initiatives focused specifically on trafficking, for example, in improving data and sharing best practice. The importance of co-operation between our law enforcement agencies such as the Serious Organised Crime Agency and their European counterparts, including Europol and Frontex, will of course continue.

While I have attempted to highlight what has been achieved by the UK so far, the tasks ahead are certainly not easy. The very nature of this covert crime means that no one can be satisfied that it is totally under control. It is for this reason that we and all those involved in law enforcement and victim support must work relentlessly, and we need to keep under review all aspects of our work in this area. Noble Lords will be interested to know that my honourable friend the Minister for Immigration will shortly be announcing improvements in the ways we tackle these crimes.

Several noble Lords asked questions which I have not been able to answer adequately in the time allowed, and I hope they will appreciate that I felt it particularly important to attempt to explain the Government’s thinking about their decision not yet to opt in to the directive. If I may, I will write to them.