Modern Slavery Bill

Lord Deben Excerpts

Monday 1st December 2014 Lords Chamber

Taking account of the amendments of the noble Baroness, Lady Goudie, which were not moved, my only issue on this is that we ought to include in Clause 2(1) the extended wording of recruitment, transportation, transfer, harbouring or receipt. I appreciate that, if we do that, the Bill team may say that we are covering part of Clause 1. That may be a problem. However, I do not think that the fact that it is repeating something in different words is the end of the world—because, if you are to use the word “trafficking”, you may have to explain to a jury that you do not have to move somebody from A to B in order to traffic them. If you put in the offences of Clause 1 as the alternative offences, I expect you would be covered anyway. However, I am unhappy that we are limiting the word “trafficking”, given its important European meaning, and that we are one step behind the Europeans in a Bill which we hope will be taken up, particularly by eastern European countries.

[Lord Deben (Con)]

My Lords, I want to underline what the noble and learned Baroness has just said for a particular reason. The Government have been keen on saying that, in accepting the European arrest warrant, they want to make clear that they will not allow it to be used for offences committed in other countries which are not offences here. In those circumstances it is most important that we get the offences here right in parallel with what is an offence in another country. It is that point which I think the noble and learned Baroness has put her finger on and it is that which we have to get right.

I question the Government’s view on the restriction of the European arrest warrant. However, if they want to do that, they have to make sure that we do not find ourselves in a position where we have ill defined a particular offence so that it does not operate in the way we would like it to do in any complementary legislation in other countries. I hope that my noble friend will consider this suggestion very carefully, probably not at this moment, but between now and the next stage of the Bill, as it is worth trying to get this matter right.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, I will comment on a slightly wider point and back up my noble friend on the definitions of trafficking and exploitation. She spoke about the benefits of having stronger definitions of trafficking and exploitation and referred to the comment of the noble and learned Lord, Lord Mackay, that stronger definitions could lead to the prevention of trafficking and exploitation. I will add that a benefit of having clear and strong definitions is in the identification of trafficking. Here I am talking specifically about identification when one is in court.

As noble Lords may know, I sit as a magistrate in both adult and youth courts. I have sat in youth courts on quite a few occasions where a young person has been brought in for either pickpocketing or shoplifting and a man is sat at the back of the court who we are told is the young person’s uncle. We have received training on what to do when our suspicions are raised with regard to the status of the person sitting at the back of the court, who is there supposedly in the interests of the youth appearing before it.

I know that the YOTs, the probation service and the police have also received training on this matter. It is important that we have clear identification and that the courts can act quickly when they think this issue is being raised, because when one is actually going through the court process, one does not have very long to identify potential victims of either trafficking or exploitation. Therefore, it is important that this definition is as clear as possible and is well known by the various agencies that deal with young people—and not so young people—who may have been trafficked.