Human Trafficking (Further Provisions and Support for Victims) Bill [HL]

Lord McColl of Dulwich Excerpts

Friday 25th November 2011 Lords Chamber

Moved By

[Lord McColl of Dulwich]

That the Bill be read a second time.

Relevant documents: 21st Report from the Delegated Powers Committee

[Lord McColl of Dulwich]

My Lords, I thank noble Lords who support the Bill, and the charitable sector, which does so much to combat human trafficking, especially organisations such as ECPAT, Care and the International Organisation for Migration.

First, I wish to consider some key trafficking stories and then key trafficking statistics. I will then set out the rationale for my Bill and provide an overview of some of the key clauses. I was asked to keep to six minutes just a few minutes ago but there is no way that I can. I begin by sharing with noble Lords what has for me been the most salutary part of preparing for this Bill—not the reading of statistics but meeting the victims of trafficking.

I recently had the privilege of meeting Sophie, a young woman who experienced first hand the horrors of modern-day slavery. Sophie’s story is one that may surprise noble Lords, as her testimony demonstrates that trafficking is no respecter of persons. Sophie is a British woman who, at 24, was asked to accompany her boyfriend on a trip to Italy. Wooed by the enticing prospect of a holiday abroad, Sophie had no idea that what awaited her was a hellish situation. Her so-called boyfriend in fact lured her to Italy to pimp her out and make money to pay off his drug debts. Forced to service men in the back of a rundown petrol station, Sophie was physically, emotionally and psychologically abused by her trafficker. His threats terrorised her and meant that she feared leaving as she knew that his gang network was fully capable of tracking down not only her but her family members in the United Kingdom.

Then I think of Grace, a young woman who, since being rescued from her trafficking situation, is unable to sleep in her bed as a result of the memories she associates with her past sexual exploitation. Instead, she sleeps on her couch night after night, terrified of the thought of a bed. I also remember Anna, an adult woman who is receiving aftercare support in the United Kingdom but still suffers from night terrors because of the flashbacks she experiences, which are a constant reminder of the horror she endured. Then there is Maria, a young woman who was forced to undergo four abortions as a result of her exploitation in a brothel. Noble Lords can imagine the emotional scars with which she is living. I could go on but time is limited. Meeting the victims of trafficking is a deeply sobering experience which highlights the inadequacies of the current legislative and policy framework in place in the United Kingdom. My Bill seeks to address some of these shortfalls.

I turn from specific stories to the statistics. The number of trafficking victims here in the UK is horrifying. Between April 2009 and March 2011, the UK Human Trafficking Centre, which is the government body responsible for formal identification of trafficking victims, recorded 1,481 referrals via the national referral mechanism. These referrals included 88 nationalities. Of the 1,481 referrals, 72 per cent were female and 26 per cent were children. The actual number of victims is presumed to be much higher by front-line organisations such as the Poppy Project and ECPAT, which have evidence that many victims avoid the national referral mechanism because of their underlying fear of deportation if their immigration status becomes known to the Government. This fear is precisely what the traffickers use to control their victims.

This Bill seeks to address the challenge of trafficking primarily through the provision of better care for the victims of trafficking. I shall address some of the key clauses, including those pertaining to legal advocates for child victims of trafficking, compensation, and the need for an independent rapporteur. The truth is that although Britain is a signatory to the Council of Europe convention against human trafficking, no changes in domestic legislation have yet been made to give effect to these new commitments. My Bill rises to this challenge.

There has been another development in the past month—in October, to be precise. The European Commission accepted Britain’s application to opt in to the anti-trafficking directive. As an opted-in country, we will now have no choice but to make legislative changes to give effect to the directive. To this end, the Government are fortunate that my team has already done much of the work. However, my Bill goes a little beyond the directive in some key aspects, which I shall highlight later.

I start by addressing the need for better protection of children who have been trafficked. The government agency, the Child Exploitation and Online Protection Centre, publishes strategic threat assessments every year that make it plain that, between 2007 and February 2010, 942 child victims of trafficking were identified, of which a staggering 301, or 32 per cent, are reported to have gone missing while in local authority care. This is a completely unacceptable state of affairs.

Clause 7 requires the Government to provide safe and appropriate accommodation for rescued victims of trafficking. Although one might argue that existing measures provide accommodation through local authorities, the large number of children who go missing clearly implies that the current safety measures for children are completely inadequate. Yes, we are providing children with accommodation, but a 32 per cent disappearance rate indicates that the accommodation is neither safe nor appropriate.

Clause 9 of the Bill, meanwhile, sets out parameters for a legal advocate who would protect the child’s welfare and work in the best interests of the child from the moment that they are identified as a victim of trafficking. There is currently a major problem with rescued victims being passed from one social worker to another, with very little continuity of care. Just last week, I met a young girl who was in tears about this. There are even accounts of children going to court to find that their social worker has not turned up. The legal advocate—some people prefer the term “guardian”—would provide a dedicated person to accompany the child victim of trafficking in all their interactions with the state.

The Government already consider that the existing system of care is sufficient to meet the requirements of the anti-trafficking directive, but my Bill raises the bar because it requires the provision of a system of guardianship through legal advocates, and would offer significant additional protection to child victims of trafficking from the moment that a child is identified as a victim by the authorities. With 301 children going missing between 2007 and February 2010, we clearly need more robust child protection than at present. Clause 9 provides for this.

I turn to Clause 8 on the compensation for the victims of trafficking. There are two rationales for compensation. The first is restorative justice. Trafficking takes place because there are large profits to be made, but the victims of trafficking rarely benefit from their labour. Traffickers will often provide the bare minimum—sufficient food, clothing and shelter—to ensure that they can continue to work. Even after a victim is liberated from their exploitive position, they seldom receive compensation for the work they have already done. Restorative justice teaches that part of rehabilitation is requiring the damage meted out against victims to be redeemed by the subsequent action of convicted perpetrators to the greatest extent possible. Compensation is one way in which this can be achieved. The second is the rebuilding of damaged lives. Trafficking is a completely devastating experience from which it can be very difficult to recover. Victims of trafficking need help to put their lives back together again beyond the influence of traffickers. This requires resources, to which end the provision of compensation is hugely important.

Retrafficking is a genuine concern. We know from research on this subject that trafficked persons who return to their countries of origin are met by economic circumstances similar to those which put them at risk of trafficking in the first place. Compensation, along with strong reintegration programmes, is one way to help victims to rebuild their lives upon returning home. Both the Council of Europe convention on trafficking and the EU directive make provision for compensation but they fail to properly address the UK problem, which is as follows.

At the moment, provision is made for the victims of trafficking to access compensation but it is rendered null and void by the fact that there is no parallel provision granting those with a credible claim permission to remain in the UK while the claim is being processed. Without this, the right to access compensation to rebuild their lives and make sure that they are not retrafficked is purely theoretical. To this end, Clause 8 of my Bill sets out provisions for compensation, including the necessary leave to remain to make a compensation claim.

There is arguably one thing that is worse than being trafficked and that is being trafficked and then caught committing a criminal offence under duress, for which one is then prosecuted. In such situations, the victims of trafficking must feel that the whole world is against them, as first they feel the wrath of the traffickers—the law-breakers—and then they feel the wrath of the state, the law-enforcer. In this context, far from compounding the trauma of victims of trafficking, the state should seek to help. Tragically, however, what is actually happening is that victims of trafficking are being pushed into the second trauma of prosecution. An example of this problem is provided by the Anti-Trafficking Monitoring Group, which reports that a 14 year-old boy from Vietnam, initially found by police working on a cannabis farm, was placed in local authority care but subsequently went missing. Four months later, he was rediscovered at a second cannabis farm and was arrested and convicted of drug crimes. This seems to me morally indefensible.

I am not saying for one moment that we should move to a situation where all that any criminal has to do is to say that they have been a victim of trafficking and they will not be prosecuted. I am simply saying that such claims should be taken seriously and, when they are found to be genuine, we should not put victims of trafficking through the trauma of prosecution. Clause 5 of my Bill addresses this challenge.

Significant concern has been expressed about the Government’s commitment to fight trafficking, in part because no independent body exists to monitor trafficking in the light of which it is then possible to assess the efficacy of trafficking policy in the UK. Attempts by front-line organisations seeking information on trafficked persons are met with a frustrating lack of information. This includes data on victim care, assistance and support, and victims’ post-recovery period. The deficiency in record-keeping does not allow the Government to properly measure the impact of the current legislative and policy framework.

An independent watchdog or national rapporteur would fulfil the measures set out in the Council of Europe Convention on Action against Trafficking in Human Beings and the EU directive on human trafficking with regard to the provision of a national rapporteur. As such it would be completely independent of government, but have access to all relevant government data and produce regular public reports in the light of which one could assess whether things are improving or getting worse and whether the current policy and legislation are working.

However, the Government have argued that Britain is already compliant with the national rapporteur provisions because of the existence of an interdepartmental ministerial committee on trafficking. That is problematic for several reasons. First, far from being independent of government, an interdepartmental ministerial committee is clearly right at the heart of government. Secondly, as answers to Parliamentary Questions have revealed, that committee produces no reports. We know that information-sharing among immigration officials, social services and charities across the UK is critical in the fight against trafficking. We must facilitate an annual assessment of the Government’s progress in the area in order to recommend robust policies in the future. Clause 12 of my Bill makes provision for that.

I could go on discussing other clauses in the Bill, but I conclude by saying simply that I am delighted that we are a signatory of the Council of Europe trafficking convention, that we have opted in to the anti-trafficking directive and that human trafficking is an explicit commitment of the coalition agreement. I am delighted by all this good intent but no amount of good intentions is any substitute for results. At present, our results—like losing 301 trafficked children in three years—are not very inspiring. We need to connect our good intentions to a clear political will that will follow through by introducing appropriate legislative changes to give effect to our good intentions. That is the reason for my Bill. I commend it to the House. I beg to move.

--- Later in debate ---

[Lord McColl of Dulwich]

My Lords, as we are so short of time, I shall simply thank everyone who has taken part in the debate. It has been very informative and has provided many very helpful suggestions. I beg to move that the Bill be now given a Second Reading.

Bill read a second time and committed to a Committee of the Whole House.