Nationality and Borders Bill

Lord Morrow Excerpts

2nd reading
Wednesday 5th January 2022 Lords Chamber

[Lord Morrow (DUP)]

My Lords, working to see progress in tackling modern slavery has been a long interest and passion of mine. Nevertheless, I have to ask the Government why Part 5, an entire section on modern slavery, has been thrown into this immigration Bill. Immigration and modern slavery are separate issues that require separate responses. To conflate the two is to go against everything that we know about modern slavery and how traffickers work.

The Government have said that at the heart of the new plan for immigration is a simple principle—fairness. There is nothing fair about a Bill that is neither trauma-informed nor victim-centred. The Government seem intent, without any clear justification, on making it harder for victims to be identified. Indeed, I am disappointed that the Government have not published a detailed impact assessment on the effect of the Bill on victims of modern slavery and how that might differ across the regions of the United Kingdom.

I commend the noble Lord, Lord McColl, for his continued work in this area and for championing the Modern Slavery (Victim Support) Bill. I echo and reiterate all that he has said to this House regarding Part 5. I am proud of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act, passed in Northern Ireland in 2015. It was the first comprehensive piece of legislation on this subject to be passed anywhere in the United Kingdom. The very title of that legislation serves to further the point I wish to make:

“Criminal Justice and Support for Victims”.


Justice and support go hand in hand and complement each other.

I welcome Clause 63. It is good to see the Government catching up with Northern Ireland and Scotland, where NRM support has been provided on a statutory basis since 2015. The statutory support available in Northern Ireland is for 45 days, even if a conclusive grounds decision is made in that time. But the recovery period is set at 30 days in Clause 60(3), after which the Government can deport a person who no longer has right to remain. Please will the Minister address this scenario in her remarks: could a victim in Northern Ireland have their support cut short because of deportation?

It is disappointing that there is no provision in Clause 63 for long-term support for confirmed victims of modern slavery once they have exited the NRM. I am grateful that in Northern Ireland we are already a step ahead through the provision of discretionary support to confirmed victims following their exit from the national referral mechanism. Section 18(9) of the human trafficking and exploitation Act provides for discretionary support to be continued following a positive conclusive grounds decision. We are constantly learning more about the needs of victims and we must tailor our response accordingly. I would like to see all confirmed victims in Northern Ireland receive at least 12 months statutory support once they exit the NRM, but that is a conversation for the Northern Ireland Assembly.

That said, only victims who are British citizens or who have received leave to remain—for instance, as an asylum seeker or under the current discretionary leave to remain for victims of trafficking and exploitation—are able to access long-term support in the devolved jurisdictions. This has limited the number of confirmed victims who have been able to access the discretionary support in Northern Ireland and it has meant that individuals who may have received additional support have not done so as a result of their immigration status.

Clause 64 will have an impact on all victims of human trafficking and modern slavery across the UK who are not British citizens. I welcome that the Government have acknowledged the need for a system of leave to remain, but unless it leads to an increase in grants it will not make a significance difference to the well-being of victims. Indeed, I am concerned that the text of Clause 64 will limit the impact of any future extension of support in the devolved Administrations by making current discretionary leave to remain criteria narrower than what is currently in guidance. For instance, any personal needs that might be cause for granting leave to remain under Clause 64 would be only those associated directly with exploitation that has occurred and, even then, leave to remain might not be provided.

There is much more that I would like to say, but, as I look at the Clock, my time is up. I think the Bill needs considerable amendment.