People Trafficking Debate

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Department: Department for Transport

People Trafficking

Lord Rosser Excerpts
Thursday 2nd February 2012

(12 years, 10 months ago)

Lords Chamber
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Lord Rosser Portrait Lord Rosser
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My Lords, last month the Government introduced amendments to the Protection of Freedoms Bill to meet some requirements of the recent EU directive on human trafficking. However, they do not yet appear to be addressing the disappearance from the system of child victims of trafficking in this country. Some 32 per cent of identified child victims of trafficking went missing from care between 2007 and early 2010.

Since Articles 12 and 13 of the EU directive state that signatories must provide assistance, support and protection for child victims of trafficking, will the Minister say on what basis, and in the light of what consultations with which organisations, the Government have decided that the UK currently complies with those two articles? What is the Government’s response to calls by charities such as CARE and ECPAT UK for the introduction of a system of guardianship for child victims of trafficking?

The directive requires that the UK establishes a national rapporteur to independently monitor the implementation of the directive. Is it the Government’s intention to give this responsibility to an individual or a committee independent of government in order to ensure both effective oversight of the implementation of government policy on trafficking and accountability?

The Government have indicated that they believe parts of the directive can be implemented in full through secondary legislation and through operational measures and routes. Not everyone will share the Government’s view on that point, but we will wait to see the provisions of any such secondary legislation.

I thank the noble and right reverend Lord, Lord Eames, for securing this debate. We welcome the progress that has been made in combating human trafficking, but it is clear that there is still much to do.

Earl Attlee Portrait Earl Attlee
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My Lords, I congratulate the noble and right reverend Lord, Lord Eames, on securing a debate on this important matter and I thank him for raising it today with his usual skill and measured tone. I broadly accept your Lordships’ analysis of the situation. The Government certainly share the noble and right reverend Lord’s forcefully put view that human trafficking is a horrendous crime that needs to be addressed in a systematic and co-ordinated way. Right at the top of that process is my right honourable friend the Home Secretary, and I can assure noble Lords that she takes this matter very seriously.

As noble Lords have rightly observed, estimating the numbers of adults and children trafficked into and within the UK is difficult owing to the hidden nature of this criminal activity, but through the national referral mechanism we are starting to gain some valuable data about the scale of the problem. We know how many victims are referred. What we do not know is how many trafficking operations were successfully deterred or disrupted by the policies of this Government and the previous Government. However, for those victims we do indentify, our systems are now much more able to support them, according to their individual needs. I do not accept that Ministers underestimate the scale of the problem just because we cannot accurately measure it.

In answer to the right reverend Prelate the Bishop of Derby, I agree that this is a moral issue. I am sure that Ministers would still not be happy even if we had reduced the numbers to only 100 people being trafficked. We would not stop until we could get it to almost zero. I assure the House that this Government continue to use all resources at their disposal to identify, prosecute and convict traffickers, often working with other countries to bring the perpetrators of this crime to justice.

The noble Baroness, Lady Goudie, talked about the problem of forced labour within the UK. I can assure her that the Government are well aware of that problem.

We continue to review our approach to trafficking to ensure that we remain one step ahead of those seeking to exploit our borders. My noble friend Lady Jenkin raised the problem of men being trafficked out of the UK to places such as foreign construction sites. I was not personally aware of this but I will discuss it with my officials afterwards.

Free movement between the UK and the Republic of Ireland continues to be of immense importance to the economic, social and cultural well-being of both countries. I can assure noble Lords that the UK and Irish Governments are working in partnership to prevent abuse of the common travel area by strengthening its external border while preserving the right of free movement within it for those who are lawfully present. That is enforced by the UK Border Agency and the police carrying out intelligence-led operations to target the potential abuse of the CTA and to identify those who would otherwise seek to avoid UK controls.

Many noble Lords have expressed concerns about the vulnerability of children seeking to travel on Eurostar. Children and any accompanying adults looking to travel to the UK by Eurostar are routinely interviewed at our juxtaposed controls in France and Belgium. Officers seek to establish the relationship between children and the adults who are accompanying them or meeting them on arrival in the UK before allowing them to leave the juxtaposed border control. If trafficking is suspected, they are immediately reported to the appropriate French or Belgian authorities.

The UK Border Agency closely monitors all trains arriving from Brussels and Lille and carries out detailed checks on passengers where it is suspected that a passenger has evaded the juxtaposed controls. Full ticket controls are routinely mounted at St Pancras, Ebbsfleet and Ashford upon notification of a potential passenger who is seeking to arrive in the UK with a ticket to Lille. To supplement this, multi-agency child safeguarding periodic monitoring exercises advised by Paladin are also conducted at St Pancras. We are currently working closely with our Belgian counterparts and Eurostar to resolve the underlying issues.

My noble friend Lady Doocey raised the problem of unaccompanied children. The travel documentation and letter of consent for all unaccompanied children on Eurostar services are examined by border force officers at the controls. It is important to understand that the form signed by the parent or guardian is not designed to be a reliable check in itself; rather, it is the starting point for any inquiries that might be made by the authorities as they see fit. My noble friend also asked me to give undertakings as regards this being an operational matter for Eurostar. Officers regularly contact the parents or guardians of unaccompanied children to verify the letter of consent for travel to the UK. If there is any cause for concern on the authenticity of the consent of the parent or guardian or about the reception arrangements in the UK, officers will interview the parent or guardian. If doubts persist after all appropriate checks have been undertaken, the UK Border Agency may prevent the child travelling to the UK unaccompanied. For those children who do travel, staff at St Pancras identify unaccompanied children as they disembark and escort them to the concourse to ensure that the sponsor is present and is known to the child.

However, in my capacity as government spokesman for DfT matters in your Lordships' House, I have asked my officials to seek a visit by me to Eurostar at St Pancras. I would expect to include an examination of British Transport Police operations in that visit. I am sure that as a high-profile and responsible operator, Eurostar will be keen to show me first hand how it deals with the problems which my noble friend has identified.

Many noble Lords, including the noble Baroness, Lady Massey of Darwen, and the noble and learned Baroness, Lady Butler-Sloss, are concerned that we might not be compliant with the EU directive because we do not appear to have a national rapporteur. However, the UK is already compliant with this measure through equivalent mechanisms in the form of the UK Human Trafficking Centre as the central repository for data and the interdepartmental ministerial group for oversight. I believe that this meets the need identified by the noble Earl, Lord Sandwich. This equivalent mechanism is broadly in line with practice among our EU neighbours. We are aware of only two countries within the EU that have an independent national rapporteur on human trafficking—the Netherlands and Finland—and I am not convinced that they each operate in the same way. Several noble Lords have referred to the interdepartmental ministerial group. We recognise the need to work across government and we will consider how to strengthen the group to fulfil the national rapporteur role in the coming months. It is important to understand that the EU directive on national rapporteurs requires a national rapporteur or equivalent mechanism to assess trends in human trafficking and activities on anti-trafficking, and to work with civil society organisations and to report. It does not require the role to be independent.

Responsibility for the care, protection and accommodation of child trafficking victims falls within the designated responsibilities of local authorities for safeguarding and promoting the welfare of all children under the provisions of the 1989 and 2004 Children Acts. To support local authorities, we recently revised practice guidance on safeguarding trafficked children with the Department for Education, which will aid practitioners in identification and safeguarding of child victims of this horrible crime. Once a child is placed in care, a care plan is drawn up by their allocated social worker bringing together a range of information and support. The social worker will assess suitable accommodation, educational support and other services based on need. This care plan is regularly reviewed by an independent reviewing officer to ensure that the child’s needs are being met. This will include stability, safety and emotional well-being. IROs are also able to assist the child in obtaining legal advice. My noble friend Lord McColl of Dulwich talked about his important amendments to the Protection of Freedoms Bill. I am sure that my noble friend Lord Henley is looking forward to responding in due course. New guidance for IROs makes it clear that every child has the right to be supported by an advocate. The advocate must accurately represent the child’s wishes and feelings, irrespective of personal views on the child’s best interests.

Another key area is that of missing trafficked children, a point raised by the noble Lord, Lord Rosser, among others. Your Lordships should not underestimate the progress the Government have made on this. The first CEOP scoping report on this issue, published in 2007, found a shocking 55 per cent of trafficked children missing from their care placement, but with effective work at a local level to tackle this issue, the most recent CEOP strategic assessment showed that this figure had been reduced to 18 per cent. Local authorities such as Hillingdon, Hertfordshire and Harrow are leading the way with proactive, multi-agency partnerships to identify and safeguard trafficked children from going missing from care. Simple changes to the way they handle, for instance, a child’s access to accommodation front doors, mobile phones and other issues have allowed them to make great progress in reducing the number of children going missing. The national picture is still not good enough but the figures are undeniably heading in the right direction. The new human trafficking strategy commits us to working to raise awareness of these issues locally to ensure in all areas where there is evidence that a child has been trafficked, care planning and activities to support the child must minimise the risk of traffickers reinvolving the child in exploitative activities.

As usual, where I have not been able to respond fully to noble Lords’ substantive points, I will, of course, write. In summary, I can assure the House that this Government will lead the fight with our partners at all levels to ensure that our response to this crime remains an effective deterrent to drive down the number and level of people affected.

Lord Rosser Portrait Lord Rosser
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As the Minister is closing his comments, in the light of what he said about the Government’s determination to fight human trafficking—I am sure that is the case—is it the Government’s view that sentences for human trafficking are appropriate, bearing in mind that the average determinate custodial sentence for drug trafficking appears to be some 50 per cent higher than that for human trafficking?

Earl Attlee Portrait Earl Attlee
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My Lords, that is a detailed question on which I shall have to write to the noble Lord. An interesting problem is that it can be very difficult to secure prosecutions for trafficking. Often we see criminals being prosecuted for offences other than trafficking because it is easier to secure the evidence. I neglected to answer the question asked by the noble Lord, Lord Bew, about a possible gap in the legislation in Northern Ireland. I can assure him that we have not revoked anything and that there will be no gaps.