draft Modern Slavery Act 2015 (Code of Practice) regulations 2016

Debate between Michael Fabricant and Sarah Champion

Monday 18th April 2016 General Committees

[Michael Fabricant (Lichfield) (Con)]

As the hon. Lady knows, victims of trafficking are held in our care for 45 days in hostels, but are then released. Although I may be wrong, I understand that once they are released there is no monitoring of them. For all we know, they might be going back to the people who have trafficked them. I hope that the Minister will comment on that in her summing up. Does the hon. Lady agree with me, however, that it is important that we keep a close and watchful eye on them?

[Sarah Champion]

I completely agree with the point made by the hon. Gentleman. I am particularly interested in the children who have been trafficked, and one of my concerns is that up to 60% of children who have come into local authority care and whom we believe to have been trafficked then go missing, within the timeframe he was talking about. One can only assume that they are back in the clutches of the traffickers and abusers, so yes, that is very worrying. I know that ECPAT UK is doing further research into the data, but the figure for the proportion of children going missing, while not as high as 60%, still seems high. I agree that the same is happening with adults. We need to be much more mindful of that, because these victims need our support to enable them to rebuild their lives and to go home, if that is what they want to do. The Government need to give more attention to that.

As I was saying, I want to ensure that the code of practice receives sufficient scrutiny to be able to deliver its objectives. I thank Human Rights at Sea, ECPAT UK and the Independent Anti-slavery Commissioner for their expert analysis and the guidance they have given to me on this code that enables me to recommend the following additions. Crucially, I urge the Minister to include an additional exception under paragraph 3.1(a) on urgent interviews. Currently, the code allows for an urgent interview to take place away from a police station or other authorised place of detention if any delay would result in an interference with, or harm to, evidence or people or serious damage to property. I believe it is necessary to include an additional exception under paragraph 3.1(a) for when the consequence of a delay could lead to potential or imminent loss of life. That would cover possible eventualities when trafficked individuals may be trapped in vehicles, containers or other forms of trafficking apparatus. This may become apparent on, or after, the point of arrest of a suspected perpetrator or subsequently during initial inquiries and should be explicitly articulated in the code to prevent potential or actual loss of life.

Paragraph 4 of the code outlines the power to obtain information. I believe that paragraph 4 should include references to existing stop-and-search powers as well as the existing powers outlined in the code, to ensure officials are able to use all powers available to them. The paragraph, as drafted, is restricted to obtaining information on the ship only. I recommend that it is broadened to include obtaining relevant information under the Act on the quayside, in the area of a port, in a harbour, in warehouses, in packing sheds or in the immediate locality of the ship. I also recommend that this power is extended in order to be exercised on tenders, liberty boats and all other watercraft used to re-supply ships.

There may be the need for a small number of additional clarifications, particularly regarding the definitions of specific terms in the code. I would be more than happy to write to the Minister about those issues to ensure that we avoid any ambiguity on the implementation of the code, as we all want it to be as effective as possible.

The code does not make reference to the College of Policing’s authorised professional practice on modern slavery. I understand that the code relates to constables and other enforcement officials and is specific to maritime enforcement, but it is important to ensure consistency of practice across police activity in relation to modern slavery. Will the Minister consider updating the code to ensure that it makes reference to the College of Policing’s APP and other professional codes of practice? Likewise, I urge the Minister to redraft elements of the code so that it has a closer relationship to other codes of practice under the Police and Criminal Evidence Act 1984. That issue has been raised by the Independent Anti-slavery Commissioner who has written to the Home Office about the inconsistencies in the code of which I have given examples.

Will the Minister consider revising the code in the areas I have outlined using the powers granted to her under paragraph 5(5) of schedule 2 to the Act?