Protection of Freedoms Bill

Lord Elystan-Morgan Excerpts

Wednesday 15th February 2012 Lords Chamber

[Lord Elystan-Morgan]

My Lords, I greatly applaud and welcome this amendment in the name of the noble Lord, Lord McColl, and its other signatories. I also appreciate very much the humanity and sensitivity shown by the Minister. The noble Lord, Lord Henley, if I may say so, has added to the very great respect and admiration that the House already has for him. The problem is one which is a stain upon the honour of this community. These trafficked children are the most vulnerable imaginable, while their state is the most pitiable imaginable—and yet our system fails them. Morally, our responsibility is immense and could not be greater. Legally, the responsibility has already been spelt out. As many of us know, in Part III of the Children Act 1989 there is Section 17, which requires a local authority to be responsible for a child in need, and Section 20, which requires it to accommodate a child who needs accommodation.

If I may turn to the Welsh language for a moment, there is a saying: “Dyw mater pawb yn gyfrifoldeb neb”—the business of everybody is nobody’s special responsibility—and that is the whole issue here. Somehow or other local authorities, which I know have responded well within the realities of the difficulties which they have, find it difficult to do exactly what they should in relation to these children, with the result that a very substantial proportion escape the protection which they so gravely need. In those circumstances, I believe that the amendment is excellent. It concentrates the mind, as Dr Johnson might have said. It places a focus of responsibility which is not already there in Part III of that Children Act.

It may be that the amendment is not perfect. That does not really matter, as its thrust is obvious and honourable. I had the very great privilege 43 years ago, if your Lordships can believe it, of taking the Children and Young Persons Bill through another place. I remember being thrilled then by one of the expressions in that legislation, about the responsibility of a local authority towards a child who was in its care to befriend. We have heard that expression already, but I do not think that it appears in fact in the amendment. However, I am sure that it could be incorporated in legislation in this context. I therefore feel that we are doing something which is essentially moral and good. We are supplementing a lacuna which exists not so much in the law as in the way in which local authorities have reacted to their duties in this case. It is very much to the credit of this community that it shows that sensitivity in relation to what is a very worthy cause.

[Lord Anderson of Swansea]

My Lords, I am very aware that those who push against an open door are liable to fall on their face. I suppose the trouble here is that we do not know how open the door is, given the assurance that the Minister made. However, having regard to the way he responded so humanely to the Second Reading of the Bill brought by the noble Lord, Lord McColl, on 25 November and the amendments that the Government have subsequently made, we can be confident that he will be doing his very best concerning this evil practice and to ensure that the real needs of this vulnerable section will be adequately met. We give two cheers at the moment—we hope that there will be three cheers—but I suppose that there is a problem in how the report of the Children's Commissioner will be put into legislation, given that it will presumably be received well after this Parliament has ended. Perhaps the Minister could comment on that point.

I also congratulate the noble Lord, Lord McColl, who, as has already been said by my noble friend Lord Judd, has shown his own compassion in West Africa by his presidency of Mercy Ships. He has indeed shown himself to be committed and flexible; for example, he has listened to concerns about the former subsection (1)(c), which in my judgment could certainly have been misused for illegal immigration. The key point in subsection (1) is that the main consideration is the welfare of the child. There is no doubt about the nature of the problem. They are bewildered, vulnerable children. The Children's Commissioner's report of last month, Landing in Dover, shows some of the failings of the current system. I am sure the Minister concedes that that system is far from adequate. We need to confront it. The noble Lord, Lord McColl, has put forward a proposal that might help the Minister in terms of public funds. It may be that local social services departments can provide adequate help but, if not, the voluntary spirit will be available, as the noble Lord, Lord Wei, said.

Clearly, there are concerns about the potential volunteers. Is the problem manageable? I submit that it is, given the relatively small number of children who are trafficked. Equally, there must be some concerns about the adequacy of the training. I do not wholly accept the precedent of magistrates. Yes, magistrates are amateur, but they have training and the legal clerk is always there to advise them on the law. The volunteers, it is said, are available and there is a great spirit on the part of non-governmental organisations to be ready to help. I hope that the training will indeed be adequate. Of course many social workers do not in any event have specialist training in this field.

That said, we travel in hope. I believe that the Government and indeed the noble Lord, Lord McColl, whom I congratulate again, have set out proper criteria based on the UNICEF guidance. I believe also that Greco —the Council of Europe organisation which is going to mark the Government in terms of their adherence to the obligations under the Council of Europe convention—is more likely to give a very positive report when it comes to comment on the Government's conduct in May or June of this year.