Report Pursuant to Sections 3(1), 3(6), 3(7), 3(8), 3(9) and 3(10) the Northern Ireland (Executive Formation etc) Act 2019

Lord McColl of Dulwich Excerpts

Monday 9th September 2019 Lords Chamber

[Lord McColl of Dulwich (Con)]

My Lords, I too would like to congratulate the noble Lord, Lord Caine, on this splendid speech. The Northern Ireland Assembly was the first legislature in the UK to pass new legislation on human trafficking in 2015. That legislation was rather more comprehensive than the Modern Slavery Act here because it included the provision of support and assistance to victims.

I pay special tribute to the noble Lord, Lord Morrow, for the wonderful work he did in bringing his Private Member’s Bill through the Assembly. It is a fine example of how the Assembly can work effectively, leading the way within the UK.

In passing the human trafficking and exploitation Act, the Assembly had the foresight to include a discretionary power in Section 18(9) for the Department of Justice to continue providing support to victims after the NRM process was complete. Many of those who receive a short period of support become, when it concludes, destitute and homeless and are at very high risk of being re-trafficked. By providing discretionary support to those at risk in such circumstances, victims are able to rebuild their lives and avoid the heinous injustice of falling back into the hands of their evil traffickers.

The report published under Section 3(12) of the Northern Ireland (Executive Formation etc) Act 2019 outlines the number of people who have been rewarded discretionary support over the past three years. It states that 16 victims have been awarded further support. According to figures from the national referral mechanism, 83 adult victims have been referred in Northern Ireland, and it is estimated that about 29 to 40 of those victims will have been granted a positive conclusive grounds decision. The report does not give much detail as to why these 16 individuals got further support, rather than the other victims who also received a conclusive grounds decision. Will the Minister tell us whether officials have guidance on how to make decisions about extending support? If so, would he kindly make copies available to noble Lords?

Noble Lords will be aware of the debate and developments over recent years regarding what support should be provided following a conclusive grounds decision. They will also know of my own efforts through my Private Member’s Bill to increase support available to victims in England and Wales. I introduced the Modern Slavery (Victim Support) Bill partly to address the gap in the Modern Slavery Act, which did not include clear protection for victims. It was especially designed to remedy the significant problems that victims face in England and Wales after being granted a positive conclusive grounds decision. This is because they have no legally guaranteed access to ongoing support or services.

We will rob victims of their recovery if we fail to help them on the road towards long-term rehabilitation. Unless we provide them with secure long-term support, guaranteed by law, we will create uncertainty, which makes it more likely that they will fall right back into the vulnerable state that made them a target for traffickers in the first place.

Supporting victims towards recovery is also central to a successful criminal justice response. We know that if we are going to see more successful investigations and convictions for these offences, we need to help victims feel safe and secure enough to tell police what they know, and even perhaps to give evidence in court. This is unlikely to be the case if they are destitute, homeless and prey to the evil traffickers yet again. This is a desperate and appalling situation, which must be put right forthwith.

My Bill proposes 12 months’ support for victims of modern slavery after a conclusive grounds decision, with leave to remain in the UK during that time. The University of Nottingham conducted a cost-benefit analysis of my Bill and found that it had the potential to save government money. A longer period of support would enable victims to get back into work, supporting themselves and contributing to the economy and the country through tax. Also, the cost of rescuing victims from crises such as homelessness and re-trafficking is high, and a longer period of support would reduce the scope for these situations.

The discretionary power in the excellent Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) is paving the way forward for longer-term help for victims. England and Wales must continue this progressive trend on victim support, and I believe my Bill not only catches Northern Ireland up, but goes rather further, so I hope the noble Lord, Lord Morrow, feels that, on victim support—if the Bill becomes law—Northern Ireland might seek to follow England and Wales.

In passing, I pay tribute to Theresa May, who took my Private Member’s anti-slavery Bill through the Commons. It has been such a great success not only in this country but in many other parts of the world. All credit to her.