Modern Slavery Bill

Lord McColl of Dulwich Excerpts

Monday 23rd February 2015 Lords Chamber

28: Clause 40, page 30, line 43, leave out subsection (4) and insert—
“(4) The Secretary of State—
(a) must before the beginning of each financial year specify a maximum sum which the Commissioner may spend that year,(b) may permit that to be exceeded for a specified purpose, and(c) subject to paragraphs (a) and (b), must defray the Commissioner’s expenditure for each financial year.(4A) In this Part, “financial year” means—
(a) the period beginning with the day on which the first Commissioner takes office and ending with the following 31 March, and(b) each successive period of 12 months.“(4B) The Commissioner may appoint staff.”

[Lord McColl of Dulwich]

My Lords, I support Amendment 28. Before I set out why I think the independence of the commissioner is of central importance, I want to place on record my thanks to the Minister for hosting so many meetings between Committee and Report to hear the views of Peers and to help to update us with the latest thinking from the Home Office. In relation to the clauses that we are discussing, I thank the Minister for arranging a helpful meeting with the commissioner-designate.

I welcome the amendment, because it will provide a solid foundation for the independence of the commissioner, not only in fact but in appearance. I commend the Minister for listening and responding to concerns expressed by your Lordships during the debate and for taking on board the recommendation of our Joint Committee on the draft Bill with regard to this central issue of the statutory safeguards for the commissioner’s independence. Indeed, I believe that I recognise the text of the amendment from our committee’s alternative Bill. I was pleased to hear from the commissioner himself about his vigorous determination to be an independent voice and to challenge, on the basis of evidence, those who were not meeting the necessary standards of action. I am also pleased to know that he had been involved in appointing his staff team.

The amendment will protect the independence of the commissioner for the long term, beyond the tenure of the present commissioner or the present Home Secretary. The amendment establishes clearly that although the commissioner, his office and activities are funded by the Home Office, that funding is through a budget allocation which the commissioner can apportion as he sees fit. The original text creates a dependency for the commissioner on the Secretary of State for the most basic equipment, and suggests that his office is embedded in the Home Office. That is no different from any other unit within that department, and it gives the Secretary of State the power to determine what office accommodation, equipment and facilities he or she considers necessary for the commissioner’s functions, with the only requirement being to consult the commissioner. This creates the possibility for pressure to be applied to the commissioner, influencing what he is able to do through providing or not providing certain resources. The amendment removes this possibility by empowering the commissioner himself to determine how his budget is allocated within limits set by the Secretary of State.

When the Joint Committee on the draft Bill considered these questions, we were particularly concerned not only about actual undue influence on the commissioner’s activities but about the need for the commissioner to have credibility with the many different groups, agencies and partners that he will have to engage with in his work. A degree of financial independence is key to establishing a clear separation between the commissioner and the Home Office, which the amendment accomplishes.

The amendment also gives the commissioner the power to appoint his own staff. This power is also central to establishing the independence vital to the commissioner’s reputation and effectiveness. It ensures that the commissioner will be able to gather a team with the requisite skills to fulfil his plans and objectives, rather than depending only on staff available from within the Home Office. The ability to appoint staff will also strengthen the credibility of the commissioner’s team as there will be less concern about the ability of staff members with loyalty to the Home Office to offer critical analysis of the Government’s policy.

If the commissioner is not able to demonstrate clear distance between his office and the Home Office policy machinery, the resulting damage to his credibility, and by extension to his reports and recommendations, could be paralysing. Amendment 28 will ensure that this will not be the case by creating a statutory framework that creates and protects that independence. Vis-à-vis the plea made by the noble Lord, Lord Warner, that the commissioner should have access to Parliament, the commissioner—he is a very strong man indeed—can readily ask MPs or Members of this House to ask questions in the House and to initiate appropriate debates.

To protect the independence of the commissioner for the long term, we must ensure that the statute that creates the post lives up to our aspirations of independence. Amendment 28 does this. I offer the Minister my wholehearted support for this amendment.

[Lord Bates]

I am tempted to say very briefly that I of course agree with every word that my noble friend has said. He comes to this with great authority and respect, having been, as I said before, one of the people who generated the whole idea for the Bill. I know he is passionate about getting this right. I think that Amendment 28 goes a long way to address and meet some of the concerns that were legitimately raised by the noble Lord, Lord Warner, in the previous debate and which I understand.

I am glad that Amendment 28 will be made, because it is vital that everyone out there in the NGO community, and police officers, law enforcement and everyone else involved in this work, recognises that the commissioner’s independence is unwavering, as the noble Lord, Lord Alton, put it—and, as Kevin Hyland himself put it, that he has absolute credibility in his background, having been a police officer leading on the prosecution of these areas. None the less, he wants to have a very strong working relationship with the many parliamentarians in both Houses who care passionately about this subject. Amendment 28 will ensure that that happens.