Nationality and Borders Bill

Lord McColl of Dulwich Excerpts

2nd reading
Wednesday 5th January 2022 Lords Chamber

[Lord McColl of Dulwich (Con)]

My Lords, I will focus my remarks on Part 5. I have been advocating for the measures in Clauses 63 and 64 for some time now. For those, I commend the Government. However, they do not go far enough.

Clause 63 will put support for victims of modern slavery in England and Wales on a statutory basis while the person is being assessed through the national referral mechanism. I welcome this statutory support, which was not included in the Modern Slavery Act but has been provided for in Northern Ireland and Scotland since 2015. However, I am disappointed that the Bill is not currently providing long-term support for confirmed victims after the NRM.

On Report in another place, the Government gave a welcome assurance that confirmed victims would receive 12 months’ long-term support, with further details to be set out in guidance. This is encouraging, but support must be statutory to give victims the certainty they need to begin to rebuild their lives following exploitation. Lack of long-term support leaves victims at risk of homelessness, destitution and retrafficking. It impacts on the victim’s ability to work with the police and on bringing perpetrators to justice.

I will watch closely to see whether the Government table an amendment to make good their commitment. If not, I will press forward with amendments based on my Modern Slavery (Victim Support) Bill, so that the 12 months’ support is in the Bill. I hope the Minister will today be able to expand on the commitment, with more details on how they intend to provide support for 12 months, who will qualify, how it will be funded and future amendments.

Of course, for confirmed victims of modern slavery to access support services, they must have leave to remain in the UK; the two go hand in hand. While I welcome that Clause 64 will put current discretionary leave provisions on a statutory footing, the criteria are much narrower than the current guidance, which is extremely disappointing, with no guaranteed length of time. Yesterday the Guardian noted that only 7% of victims had been granted leave to remain. All confirmed victims should be given 12 months’ leave to remain to access the support that the Government committed to and to be able to support police investigations.

The Government say in their New Plan for Immigration that it is a priority to increase prosecutions for modern slavery and that:

“For some victims, certainty over their immigration status is a crucial enabler to their recovery and to assisting the police in prosecuting their exploiters.”


Clause 64 does not do enough to achieve that certainty and, in turn, the Government’s aim to break up trafficking gangs.

Modern slavery remains a high-profit, low-risk crime; we must change that. Some might argue that temporary leave to remain to access long-term support opens the door for abuse. I hope your Lordships will acknowledge that the eligible individuals will be people whom the Government themselves have confirmed as victims through the NRM—people who deserve our support for their recovery. With amendments to the Bill, we will be in a position to give confirmed victims of modern slavery a fresh start from exploitation.