Nationality and Borders Bill

Lord Rooker Excerpts

2nd reading
Wednesday 5th January 2022 Lords Chamber

[Lord Rooker (Lab)]

My Lords, I, too, intend to concentrate on the one aspect of the Bill that should not be in the Bill—namely, Part 5. I share the views expressed by others. It seems to undermine the 2015 Act, pioneered by the former Home Secretary and Prime Minister Theresa May, although that may be the intention.

In all the years that I have been at Westminster, which is getting on for well over 40, I do not think that I have seen such a letter to legislators—signed by more than 100 chief executive officers concerned about the sector under legislation. I refer to the letter to MPs of 22 November from the Human Trafficking Foundation. It is short and to the point, and I shall give just four quotes. The letter, signed by 114 CEOs, says:

“The Bill sends a message to traffickers that they are free to exploit people with uncertain or insecure immigration status, or criminal records, even for minor offences, or those committed under duress, as they’ll no longer qualify for help”,


and that it

“will reduce the number of criminal prosecutions for trafficking offences as there is no incentive for victims trapped in criminal exploitation, or targeted by traffickers for old offences, from coming forward”.

It says that the

“new Trafficking Information Notices will create further delays … and … will increase costs”,

and that the Bill is

“unfair to victims of slavery, while making it easier for the perpetrators to get away with their crimes”.

These are serious claims, and they must be responded to.

The Bill requires slavery victims to disclose at the moment of identification or be penalised. This is simply not realistic. As a result, fewer people will be identified and helped. I simply do not understand Clause 62, which disqualifies potential victims from protection. The reasons for removal of protection are badly drafted, vague and can be operated on a whim. I am really looking for a legal mind to explain to me what “claimed … in bad faith”, as set out in Clause 62(1)(b), actually means. I have not seen that before, not even when I was at the Home Office as my noble friend Lord Blunkett’s Minister of State. Parliament cannot possibly allow this vagueness. Of course, the anti-slavery commissioner, Dame Sara Thornton, has said that there is a risk that Clause 62 will limit victim engagement in prosecutions and thereby significantly undermine the ability of law enforcement to bring traffickers to justice.

The CEOs’ experience is useful, but the joint letter from the anti-slavery commissioner and the Victims’ Commissioner to the Home Office, released on 30 December, is devastating. There is no time at Second Reading to rehearse the contents, such as the view that the Bill is set to degrade existing protections for these victims and that it

“singularly fails to grasp the realities of being a victim”.

There is no time to go into detail but, frankly, if the Minister winding up has not come briefed to respond to that letter, it is a disgrace and a failure as a Minister. I respectfully ask for a response to that letter today, before we start Committee.

This Bill is a very poor signal to the police officers out there at the moment preventing exploitation, seeking the exploited and matching up the incidents they go to as to whether people are telling the truth or are in slavery. What signal are we sending today’s police officers with a Bill that reduces protections for people in slavery?

The national referral mechanism stats show that 47% of referrals are for children, yet there are no protections set out for them. The Minister understandably did not make too much use of this in his smooth speech, which I commend him for, but he said nothing about why and how, as the Government claim, the national referral mechanism is being misused. There seems to be a lack of evidence and data to support the claim.

To conclude, British slave victims account for 34% of those identified. Children account for 47% of slave victims. The fact that the UK still has no national identity system and it is easy to work illegally means the Bill is encouraging the flow of cheap slave labour into the economy. That is the reality. That is what it appears it will do unless amended.