Crime and Courts Bill [HL]

Lord McColl of Dulwich Excerpts

Monday 28th May 2012 Lords Chamber

[Lord McColl of Dulwich]

My Lords, in the debate on the Queen’s Speech on 9 May in another place, the Prime Minister said that the National Crime Agency would be employed to tackle human trafficking. That was very welcome news indeed. However, as there is no direct mention of human trafficking in relation to the National Crime Agency in the Bill, I would be grateful if the Minister would set out how the proposals for the NCA will change the Government’s approach to human trafficking and improve the UK’s effectiveness in tackling this terrible crime. Will the changes meet the UK’s obligations under the European directive on human trafficking under Articles 9(3) and 9(4),

“to ensure that persons, units or services responsible for investigating”,

human trafficking offences,

“are trained accordingly”,

and,

“that effective investigative tools, such as those which are used in organised crime or other serious crime cases, are available to persons, units or services responsible for investigating”,

human trafficking offences? Furthermore, can the House be reassured that the commitment to tackle human trafficking will be translated into resources, targets and plans?

On a point of detail, I would be grateful if the Minister would tell the House where the UK Human Trafficking Centre will sit in this new organisation. The Serious Organised Crime Agency website states:

“The UK Human Trafficking Centre … is a multi-agency organisation led by SOCA. Its role is to provide a central point of expertise and coordination in relation to the UK’s response to the trafficking of human beings”.

As SOCA will be disbanded under this Bill, it is important to be clear where the responsibilities for the UK Human Trafficking Centre will sit. If it is to sit within the National Crime Agency, it will be vital to ensure that the focus on policing and tackling crime does not reduce work on its other much needed functions of protection and prosecution.

Noble Lords will be aware that I am particularly concerned about the protection of human trafficking victims, especially the care of child victims. The SOCA website states that the UK Human Trafficking Centre works,

“closely with partners across the public, private and voluntary sectors to coordinate the provision of a full care, end-to-end programme for the victims of human trafficking”.

Like others, I am deeply committed to the UK providing full care and an end-to-end programme for victims of human trafficking.

In the debate on the Protection of Freedoms Bill on 15 February, I moved an amendment and set out evidence that suggests that we are not providing this sort of care for trafficked children through the provisions of the Children Act on which the Government depend: namely, Section 26 on advocacy services, Section 23ZB on independent visitors, and Section 25 on independent reviewing officers. I made the case that these provisions are not sufficient and should be made good through the introduction of a legal advocate for trafficked children, or somebody to act as a friend and a mentor, who would know his way around the immigration jungles to help them. My speech can be found at columns 844 to 848 of Hansard for 15 February.

In response, the Minister said that the Government were not ready to accept the introduction of this entity for rescued trafficked children—a legal advocate or whatever it would be called—but that he would invite the Children's Commissioner for England to review the current arrangements for the care of child victims of trafficking, with the intention of providing advice to the Government on whether improvements in care are needed. Three months on, can the Minister provide the House with an update on whether there might be scope within this Bill for the Government to take forward any aspect of our amendment, which is deemed useful by the Children Commissioner’s report?