Modern Slavery Bill

Lord Randall of Uxbridge Excerpts

Tuesday 4th November 2014 Commons Chamber

[Karen Bradley]

I thank the right hon. Gentleman for his questions. Later in my remarks I will come to how we envisage the provision working. I hope that will address his concerns.

Many businesses are already taking steps to eliminate modern slavery. Once it is clear what activity major businesses are undertaking, we expect that public pressure and competition between businesses will encourage those who have not taken decisive steps to do so. Introducing this measure is an important step, and that is why we want to get it right. The provision does not specify the size of business on the face of the Bill. That is because we genuinely want to listen to businesses and stakeholders about the best possible approach and we will formally consult on the threshold level.

Our thoughts are that this provision should apply to large companies in the first instance. We will consult fully on the threshold and then set the threshold through regulations subject to the affirmative procedure, which will ensure that Parliament has the final say on the initial threshold, and can subsequently review and amend it over time, if required. We will also produce statutory guidance to accompany this provision, setting out the kinds of information that might be included in a disclosure, so that companies understand and have the support they need to comply. Again, we will consult on what information should be in the guidance, working with businesses and other interested parties so that they have a good understanding of what information might be used to comply with the disclosure requirement.

[Sir John Randall (Uxbridge and South Ruislip) (Con)]

Like the right hon. Member for Birkenhead (Mr Field), I am glad that the measure is being included in the Bill. Can my hon. Friend give us an idea of the time scale involved in the consultations and when we might see the resulting legislation?

[Karen Bradley]

My right hon. Friend deserves credit for campaigning tirelessly on this and other issues related to modern slavery. I will come on later to how we envisage the process working. We are considering an appropriate timetable. As he will appreciate, we have to get the balance right between letting both Houses have their say and the need to make progress.

[Sir John Randall]

I look forward to hearing further details. We are all aware that over the weekend, for example, there was a furore about T-shirts. That emphasises that many companies think they are free of slavery, but they are not. We must sure that we get on with the measure, because it is important.

[Karen Bradley]

I take my right hon. Friend’s comments and will ensure that they are considered in the process. He is right that one of the difficulties and one of the reasons that we have considered the matter carefully is that many businesses are trying hard to comply, but we need to help them and support them to do so. That is why it was vital that we spent time consulting businesses to make sure that we came up with an effective approach that would make a difference.

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[Diana Johnson]

The right hon. Gentleman makes an important point, which should perhaps be debated more fully in the other place. I absolutely agree that this is a strong point that needs to be considered.

Returning to the low number of prosecutions, in 2011-12 there were 15 prosecutions for slavery offences, but no convictions. Since the introduction of the offence, there has shockingly never been a prosecution where the victim was a child. In 2011, there were 150 prosecutions for trafficking offences, but only eight convictions. To put those figures in context, in 2013 the national referral mechanism received 1,746 separate referrals of cases of human trafficking, 432 of them involving minors. The UK Human Trafficking Centre identified 2,744 victims of human trafficking last year, 600 of whom were deemed to be children.

[Sir John Randall]

One problem—not necessarily about the offences per se—is getting the victims to bear witness and testify against those who trafficked them. Victims’ fear is one reason we are not getting successful convictions, and we need to do more for them.

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[Steve McCabe]

I commend new clause 22. We need the review that it proposes and a thorough investigation of the links between human trafficking, prostitution and exploitation. It seems to me that that is the only way we will change the minds of the legislators and the wider public to bring about some of the changes that my hon. Friend the Member for Slough (Fiona Mactaggart) suggests.

Any trade that can be estimated to be worth £130 million a year should command our attention. We should look to understand it fully, with the purpose of undermining and collapsing it. That is what we are here for, and what we should do.

Finally, I want to mention Juliet, a young woman who currently resides in my constituency. She is supported by the asylum charity Restore. She fled here from Nigeria to escape slavery, brutality and a forced marriage, and she fell into the hands of traffickers and ended up working in a brothel. The Home Office, sadly, intends to deal with that by sending Juliet back to Nigeria. We need to smash the link in this trade altogether, and we have to tackle a situation that punishes the victims while the traffickers carry on their trade and the clients who make that trade viable are largely unaffected by the misery that they generate and perpetrate. New clause 22 would make a good contribution to that and help this Bill achieve some of the aims that most of us here back.

[Sir John Randall]

As you know, Mr Speaker, I am standing down at the end of this Parliament, so I hope that I am allowed to say a few things.

I support the new clauses tabled by my hon. Friend the Member for North East Cambridgeshire (Stephen Barclay). I would give a piece of advice to the talent spotters on our Front Bench. He is becoming an extremely good Member of Parliament and they should harness that by putting him into a ministerial position so that he can be useful—not, of course, to stifle that dangerous streak of independence.

[Mr Speaker]

Order. I should just point out that that observation comes from the hon. Member from whose mouth came the advice that the hon. Member for Buckingham should aspire to join Her Majesty’s Opposition Whips Office, which I thought was perhaps not a great idea.

[Sir John Randall]

At the time I thought that it was appropriate, Mr Speaker, but I fear that your opportunities have since vanished.

There is no fool like an old fool, and I am afraid that I felt a little like that in supporting—sincerely—the amendments tabled by the hon. Member for Slough (Fiona Mactaggart). I say that not because I disagree with the sentiment; we have heard so much about modern slavery and become so immersed in the issue that, as the hon. Member for Birmingham, Selly Oak (Steve McCabe) said, when we meet the victims, so many of whom are involved in the sex trade, there is a real feeling that the demand must somehow be curbed. However, I am not sure that this Bill is the right place to do that.

That issue seems to have stirred up a hornets’ nest and taken up valuable time on Report, and unfortunately, because of the timing—it would be wrong, of course, to complain about the selection—we have not been able to discuss everything. We are discussing something that I think is slightly out of scope. I am almost tempted to agree with the Opposition Front Benchers on that. I am not sure that we should necessarily start it at this point. It is something that I will be observing from whatever job I do after leaving this place—in the car park at Tesco or wherever. It is a very important debate about prostitution and it cannot be ignored, but there are two sides to the argument, and I know that even the hon. Members for Slough and for Hayes and Harlington (John McDonnell) take slightly different views on it. It is an important discussion that we must have.

When I have previously voted against my party, I was normally also voting against the Labour party, which was in government at the time. In other words, I was part of a tiny minority, which I think is a safe position to be in—the hon. Member for Hayes and Harlington has tutored me well in how to rebel. In many respects the issue of overseas domestic workers, and therefore new clause 2, does not need to be covered in the Bill, because it is a matter of policy. Were I still in a ministerial position, I know that that is how I would explain it to colleagues, saying that this is not the time to deal with the matter. However, I have met too many victims to be able to say that it is a matter for another day. I understand why the Government brought that in, and it was a laudable reason: they thought that it would help the situation. Unfortunately, that appears not to be the case and there is a knock-on effect that is not helping those poor, innocent people from overseas.

As a result, I do not think that there will be much success. Unfortunately, the way the political debate on immigration is going at the moment—an important debate, but one in which we must be careful not to become extreme—I do not expect the Government to do a great deal about it this side of an election, if I am honest. I hear what my hon. Friend the Minister is doing, and there are some other things that can help. However, if it comes to a vote, regrettably—oh so regrettably—I shall march into the Lobby with the comrades on the other side of the House.

[Jim Sheridan (Paisley and Renfrewshire North) (Lab)]

I will take your advice on brevity, Mr Speaker. I rise to support my party’s new clause 1 on gangmasters.

Before I do so, I want to thank many people. As my right hon. Friend the Member for Delyn (Mr Hanson) said, I had the privilege of introducing the private Member’s Bill that became the Gangmasters (Licensing) Act 2004. I was greatly supported in that by a number of individuals and organisations, none more so that my own union, Unite, which was absolutely terrific in giving me the support and research that I needed to try to get the Bill through. The National Farmers Union was also extremely helpful in getting it through and in championing the ethical trading initiatives that were around at the time.

One individual who was particularly helpful during that period was the then Member for Morecambe and Lunesdale, Geraldine Smith, who was extremely supportive in helping me as regards what happened to the cockle pickers. Another individual who was greatly supportive was the then national secretary of the Transport and General Workers Union, now my hon. Friend the Member for Birmingham, Erdington (Jack Dromey), who offered his experience in trying to get the Bill through. Also very helpful and supportive were the legal gangmasters—the guys who operated on a legal basis—because they had operated in a legal field while the other people were undermining them by trying to get labour at cheap prices.

Some organisations, I have to say, were dragged to the negotiations by their fingernails—namely, the major retailers, who really did not want to get involved in this and wanted to exploit the farmers who were engaged in the industry. The farmers were getting a very bad deal from the major retailers, so we made sure that the retailers played ball.

To correct a fact about the gangmasters legislation, the myth is that it was drawn up in response to the tragedy of the Morecambe bay cockle pickers, but in fact it was introduced before that unfortunate incident because Unite had already experienced the inequities that were happening in the construction industry, the care industry, and so on. That is why the Bill was launched some months before the dreadful situation surrounding the Chinese cockle pickers.

Nevertheless, what happened to the cockle pickers was the catalyst in getting support for the Bill. Just imagine, if you will, that you are on a cold, sandy beach surrounded by water that is coming to drown you, you cannot speak English, and there is no one there to take any responsibility for you. All that was left for these people was to use their mobile phones to phone home to China to tell their relatives that they were in the process of dying. The gangmasters who took them on did nothing to help them. That is why the gangmasters Bill was a good and effective piece of legislation, and even now, as we speak, it has the potential to be even better and more effective.

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[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

This is an important Bill, which we support, but it does not go far enough. The Home Secretary was right to talk about the horrors of modern slavery, but she was too complacent about how far the Bill will go in acting as a solution to those problems. Time and again, she has turned down the opportunity to strengthen the Bill. So much more could be done—and I hope it will —before it returns to us from the other place.

I thank my right hon. Friend the Member for Delyn (Mr Hanson) and my hon. Friend the Member for Kingston upon Hull North (Diana Johnson) for scrutinising the Bill on behalf of the Opposition. I also thank all members who served on the Committee and the members of the cross-party Joint Committee, including my hon. Friends the Members for Slough (Fiona Mactaggart) and for Linlithgow and East Falkirk (Michael Connarty), my right hon. Friend the Member for Birkenhead (Mr Field) and the right hon. Members for Uxbridge and South Ruislip (Sir John Randall), for Meriden (Mrs Spelman) and for Hazel Grove (Sir Andrew Stunell), who have continued to improve the Bill and argue for the changes required.

The horrors of modern slavery in the 21st century are still with us and the Home Secretary is right to raise such concerns about them. Victims include children forced into servitude or to tend cannabis farms; grown men exploited and held in dreadful, inhuman conditions, labouring under gangs; and women raped, beaten and pimped into prostitution. They are trafficked by gangs across borders or around the country, used and abused, their basic humanity denied.

The Home Secretary is right to say that action is needed to introduce a Bill that builds on the work not only of Anthony Totnes, but of the previous Government, who criminalised trafficking in 2003, introduced the new offence of forced labour, slavery or servitude in 2009 and created the national referral mechanism and the UK Human Trafficking Centre. It is also right to introduce new offences, a new commissioner and the new civil orders. However, if this Bill is such a powerful signal and a chance to lead the world, it should also be chance to go so much further.

The former Member for Totnes, Anthony Steen, has said that the Bill in its current form is a “lost opportunity”:

“The bill is wholly and exclusively about law enforcement—but it shouldn’t be enforcement-based, it should be victim-based. We have majored on the wrong thing. It is positive in the sense that it is an entirely new initiative, but is it going to do anything?”

That is the challenge from Anthony Totnes to all of us, and we should seize the opportunity to go further.

[Sir John Randall]

I hope the right hon. Lady realises that it is Anthony Steen, not Anthony Totnes. The quotation she cites relates to an early stage of the Bill and I know, because I am in constant touch with Anthony Steen, that, although there are some things to be addressed, that view was from some time ago.

[Yvette Cooper]

The right hon. Gentleman has taken a great interest in this subject and he did an immense amount of work on the Joint Committee. I thank him for his clarification. It shows that I still have the unfortunate habit, which we can so easily fall into in this place, of naming people by their constituencies, rather than by their surnames. I reiterate my tribute to—

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[Sir John Randall]

I want quickly to congratulate the Home Secretary, the Home Office and the Under-Secretary of State for the Home Department, my hon. Friend the Member for Staffordshire Moorlands (Karen Bradley), as well as all those with whom I have served on a variety of Committees on this subject, in which I am now totally immersed. Of course we could always go further, but I think that we have gone a huge way, and a lot further than we thought we would get. There is an opportunity at the end of the building, but we must not waste it, because with an election coming up, time is not on our side.

If we are to get more traffickers behind bars, we must concentrate—and these are the words that really matter—on victims, victims, victims. That is the key to it all. We must also utilise the vast skills, expertise and good will of non-governmental organisations and civil society. Many of the victims are frightened of Governments and law enforcement and we must recognise that what victims are used to in their own countries is not necessarily the same as they experience here.

As I am shortly to leave this place, I think the one thing that I can be sure of is that this was the finest hour in all my time here.