Nationality and Borders Bill

Lord Dubs Excerpts

Lords Hansard - Part 1 & Committee stage
Thursday 10th February 2022 Lords Chamber

[Lord Alton of Liverpool (CB)]

My Lords, like the noble Lord, Lord Coaker, I refer to a non-financial interest: I am a trustee of the Arise Foundation, which works for victims of human trafficking and modern-day slavery. Like the noble Baroness, Lady Hamwee, I too wish Part 5 was not in this Bill at all. As the noble Lord, Lord Coaker, told the Committee, it is odd to put issues concerning immigration and human trafficking together in this way, as though they are part and parcel of the same problem. They are not.

That is why my noble and learned friend Lady Butler-Sloss was right to be as passionate as she was and, reinforced by the remarks of my noble friend Lady Prashar, to say that the Government really need to recast and rethink this all over again. My noble and learned friend referred to the Salvation Army which is, as she said, the advisers to the Government on this issue. It says:

“The Salvation Army has held the Government’s Modern Slavery Victim Care and Co-ordination contract for over 10 years. In that time, we have supported 15,000 survivors of modern slavery. We, along with our colleagues across the anti-trafficking sector”—


all of us have seen reams of representations from pretty much every representative group that there is—

“would urge you to … ensure that vulnerable survivors of trafficking and slavery are not prevented from accessing the support they deserve.”

It is hard to see how many of the measures that we are debating very briefly in the context of such an important set of provisions will enable that to happen. I do not want to pre-empt what I am going to say on my Amendment 156A on the national referral mechanism, but simply to reinforce what the noble Lord, Lord Coaker, said in his curtain-raising remarks for the whole of this section.

My noble friend Lord Hylton, and I, along with my noble and learned friend Lady Butler-Sloss and the noble Baroness, Lady Hamwee, worked with the noble Lord, Lord Coaker, who was in another place at that time and doing incredibly energetic hard-working things to get the 2015 legislation on to the statute book. We all paid tribute then, as that came through on a bipartisan, bicameral basis, through both Houses, to the right honourable Theresa May, for what Lady May did in working for this legislation to happen. However the history books judge her period as Prime Minister or Home Secretary, I believe this is her most lasting legacy and something she should be enormously proud of. That is why I too quoted her remarks at Second Reading, and I was glad to hear the noble Lord refer to them again today. I urge the Minister to go back to what she had to see had to say about this.

The right reverend Prelate the Bishop of Bristol and I go back a long way. She was once a curate in what was then the Liverpool Mossley Hill constituency, so, we also have something in common with the Minister. Bristol and Liverpool have something in common: their knowledge of the transatlantic slave trade. In 2015, we saw this as a way of cleansing some of the past: not breaking down monuments or trying to cancel history but doing something positive. My worry is that what we are doing now is undoing so much of that good work. What are these imaginary windmills that, like Don Quixote, we are being encouraged to tilt at today? There is no data. Where is the justification? Knowing that the Minister has a forensic brain, I hope he will take us through what the justifications are for what we have here. Why, as the noble Lord, Lord Henley, said, are we disregarding what our own Joint Committee on Human Rights has said to us?

I have one more thing to say, and that is on Amendment 154, referred to by the noble Lord, Lord Coaker: Proposed new subsection (2A)(g) refers to

“fear of repercussions from people who exercise control over the person”.

Certainly, through the work that I have been privileged to be involved in with the Arise Foundation, we have seen many examples of that. That children are being treated no differently in this legislation beggars belief.

Amendment 154 also refers to victims of trauma. If someone has been traumatised, then of course the statements they will make, even possibly the untruths they feel they have to tell to prevent being sent back where they came, should not be held against them. This section also deals with people with diminished capacity, and I was struck by what the noble Baroness, Lady Hamwee, said in one of her examples about people with diminished responsibility. We have all seen cases like that. The noble Lord, Lord McColl, who we will hear from later on, has done more than anyone in your Lordships’ House to draw to our attention the need to do more to help vulnerable people in that situation.

These amendments are good, but you cannot make a silk purse out of a sow’s ear. I wish this was not in this Bill at all. There is still time for the Government to recast. Given the concerns that have been echoed, not just here, but right across the sector, I hope that the Minister will take this back to the Home Office, take it back to the Government, and say let us think again.

[Lord Dubs (Lab)]

My Lords, I am also a member of the Joint Committee on Human Rights, and I am grateful to my colleagues on that committee who have spoken. The committee looked very hard at this issue, and we came up with very clear recommendations. I pay tribute to the noble Lord, Lord Coaker, for having set the scene for this debate.

I want to be brief but will repeat the question put by my noble friend Lord Coaker. Why are the Government doing this? On some aspects of the Bill with which I am in profound disagreement, at least I understand why the Government, in their own way, want to do what they are doing—it might be quite wrong, but I understand it. In this case, I do not even know what the case is for the Government to do this. Are they trying it on so that they can withdraw the provision and seem to be meeting the wishes of the House? There is no justification at all.

Most Members of this House will be aware that people who have been in slavery, trafficked or traumatised by sexual exploitation, often find it very difficult to talk about their ordeal. They often want to keep quiet, because the experience has been so horrifying for them that they cannot put their own case to officialdom here. I have seen this over the years when I have met people. In fairness, some of them want to talk a great deal to get their experience out of their system, but many others do not. It is a natural human reaction; one does not want to talk about one’s awful experiences; one wants almost to shut them out. Then one finds there is a need to reveal information.

I was talking to some NGOs which were working with people who had crossed the Sahara. They said that the majority of women who fled for safety across the Sahara had been raped on the journey. Many of them do not want to talk about that. It is not within their tradition and culture to talk about it, yet here we are demanding that they should.

I find it very depressing that we have to debate this at all. I urge the Minister to say that the Government will think again. That is the only way out, otherwise, when we get to Report, it will not be a nice day for the Government, because we are bound by the comments we are making today, and by having a sense of integrity in putting forward the case for people who have been in slavery or traumatised to have a reasonable chance of being dealt with. The Government should not be trying to find ways to keep them out. I ask them to think again.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I support this group of amendments; I have signed only one, simply because I am not terribly well organised. I agree with the comments about Theresa May, whom I admired for many things, including the fact that she gave me a colleague in this House; it was six long, lonely years without my noble friend Lady Bennett.

An Urgent Question was left off the Order Paper today. It was put in the other place by the honourable Member for Brighton Pavilion, Caroline Lucas, who is the Green Party MP. Either me or my noble friend Lady Bennett would have liked to have contributed to that debate. I should like an explanation from the Government as to why it was left off the Order Paper. I am a great believer in cock-up rather than conspiracy, but I would like an explanation at some point and have chosen to put it into Hansard for that reason.

I return to this “shaming” part of the Bill, as the noble Baroness, Lady Hamwee, described it. Every time I think we have got to the worst part, I turn a page and it is even worse. The combined resources of this House will make this a difficult section for the Government to push through.

Noble Lords have spoken from a depth of understanding and experience that I probably do not have. Evidence is evidence wherever it is uncovered, and delays in producing evidence might be considered when weighing up the quality and value of such evidence. Essentially, the Government are making this an absolute requirement, which is unfair and unjust.

We are talking about the incredibly distressing circumstances of many of these people. We have already had examples. They are victims of slavery. They have possibly been groomed, tricked or kidnapped and brought to the UK. Instead of helping them or demonstrating even an ounce of compassion, this Government are treating them all as if they have done something wrong. I urge the Government to rethink this. I would hate to see another 14 votes go against the Government in one evening but, on the other hand, that was great fun and we could probably do it again.

--- Later in debate ---

[Baroness Hamwee (LD)]

My Lords, my name is on Amendment 160A, which is from these Benches. I fear that we are rather in lipstick on pigs territory—a phrase used a good deal earlier in our deliberations on the Bill. Clause 62 refers a “threat to public order”, which is then explained as various terrorism offences. It says that the list is not exhaustive, and I recognise what the Minister, the noble Lord, Lord Wolfson, said about how non-exhaustive lists are dealt with in the courts and that the longer lists are, the more rigorously they are dealt with. Our amendment refers instead to a threat to national security.

My noble friend Lord Paddick also has his name on the Clause 62 stand part notice and mine is on Amendment 169. I do not want to take the time of the Committee by repeating what has been said, very clearly, about activity “attributable” to being a victim of slavery or trafficking.

In the previous group of amendments, the Minister referred to an ability to recollect. I think, from other things he has said, in a sympathetic manner, he would agree that very often there is also, among victims, an inability to express—it is not just the inability to recollect. It might be worth saying—I am not sure it has been said before—that there is even more difficulty than in disclosing that one has been a victim of forced labour in disclosing that one has been a victim of sexual exploitation.

I agree with others about words such as “worthy” and “unworthy”. I noted “deserving” and “undeserving” —here we are again—like “deserving” and “undeserving” refugees and asylum seekers; that distinction is replicated here.

[Lord Dubs (Lab)]

My Lords, again, as a member of the Joint Committee on Human Rights, I shall speak very briefly. I should say how much I appreciate the contributions made by my noble friend Lord Coaker, by the noble Baroness, Lady Ludford, who is on the Joint Committee with me, and by the noble and learned Baroness, Lady Butler-Sloss, in her very powerful remarks.

Many years ago—if I may tell a little anecdote—I heard of a certain conversation that took place in the Home Office when an official was told by her boss to justify a certain position. The official said, “But that is indefensible”. Her boss said, “Yes, of course—defending the defensible is easy. You’re paid to defend the indefensible”. I say that as a word of comfort to the Minister, who is defending the indefensible. He knows it, we know it and the officials know it—and I suppose he has to do it, unless he does what the noble Lord, Lord Agnew, did and decides to distance himself from it.

I will say this very briefly. I find it hard to remember, and keep needing to remind myself, that we are talking about Part 5 of a Bill about modern slavery. Some of these issues are so remote from the rest of the Bill, as has already been said. The amendments to which I have put my name are concerned about a number of things. One is public safety and security. The amendments seek to get the right balance between public safety and security, which of course is important, and the rights of individuals who seek safety in this country. I contend that the Government, particularly in Clause 62, have got the balance quite wrong.

As the right reverend Prelate has already said, some of the people who are victims of traffickers or slavery are under threat; they are fearful, and the fact is that some of them at least will have been compelled to take up the position that they have taken up. We should respect that. These are frightened and anxious people, who are not secure and who do not know this country at all well. They may have been in this country for some time, or they may not have been, but they do not feel all that secure. We have to be sensitive to their situation, and I contend that what the Government are doing in this section, particularly in Clause 62, is to show insensitivity to some very vulnerable people—which is why I hope they will get rid of this provision, which does not make any sense at all.

[Lord Stewart of Dirleton (Con)]

My Lords, in opening from the Front Bench, the noble Lord, Lord Coaker, made a number of points in relation to the position of the Government in relation to the one-nation Conservative tradition, if I may put it like that. I will preface my remarks to the Committee by saying that, just as with our then coalition partners the Conservatives were in the forefront of dealing with the issue of modern slavery, so we were, hundreds of years ago, in dealing with the issue of slavery, as it then stood. Where slavery exists, Conservatives will always be found in the forefront of any attempts to confront it.

In relation to Clause 61, there is currently no policy on whether, or in what circumstances, individuals should or should not receive additional recovery periods under the national referral mechanism. Clause 61 addresses this gap by introducing a power to withhold additional recovery periods where an individual has already benefited from a recovery period and the further reported exploitation happened prior to the previous referral into the national referral mechanism, unless appropriate circumstances are set forth. This is not an attempt to create two tiers, however it may be read; rather, it is an attempt to put into legislation appropriate controls against misuse, where that misuse takes place.

Amendment 158 seeks to remove this power if any of the incidents of exploitation occurred when the individual was under 18 years of age. I seek first to reassure the Committee that the provision may be applied only when the further positive reasonable grounds decision arises from things done wholly before the previous reasonable grounds decision was made. Therefore, this power does not apply in cases of re-trafficking.

From the Front Bench, the noble Lord, Lord Coaker, like other noble Lords at an earlier stage, raised the question of why these provisions appear on the face of an immigration Bill. It is because there are overlaps between immigration and modern slavery, which the Bill recognises and seeks to address, but it also goes further in providing clarification on people’s entitlement.

As I said in relation to the previous grouping, and as I am sure we will all have occasion to say again, the complex nature of exploitation, as the noble Lord, Lord Coaker, identified in his opening speech and at other times in this debate, and the potential resulting safeguarding needs, particularly for children, are recognised by the Government. This clause is designed to allow for discretion in how decision-makers apply the disqualification, ensuring that the welfare of children will be taken into account. This discretion is an important part of our needs-based approach to the provision of support, and in the circumstances there is no need for the carve-out that the amendment proposes.

Moving on to Amendment 159, while we understand the intention behind this amendment, the existing discretionary element strikes the right balance between allowing decision-makers flexibility to grant additional recovery periods and preventing the misuse of the NRM protections to which I referred. Decision-makers will be able to consider the vulnerabilities and circumstances of the individual.

Turning to the amendments tabled by the noble Baroness, Lady Ludford, in relation to Clause 62, as noble Lords have outlined, ECAT envisages that recovery periods should be withheld on grounds of public order and improper claims. However, ECAT does not include a definition of “public order” and, to date, that omission has hindered our ability to disqualify suitable individuals in practice. The question was posed of whether the provision as it stands might impede operational decisions in relation to prosecution, but I submit that these decisions would be taken at all times in relation to that developing understanding of the pressures and difficulties. I fully appreciate that I am understating those things by using those expressions. Those pressures and difficulties are upon persons who are victims of modern slavery or human trafficking.