Nationality and Borders Bill (Thirteenth sitting)

Neil Coyle Excerpts

Committee stage
Tuesday 2nd November 2021 Public Bill Committees

[Craig Whittaker]

I thank my right hon. Friend for his intervention. He is right that one of the key points in the process is that decision makers have the ability and the training to know what they are looking for to identify whether people are victims of modern slavery.

[Neil Coyle (Bermondsey and Old Southwark) (Lab)]

I recognise that the hon. Gentleman is stepping in as Minister, but he just said that the right hon. Member for Scarborough and Whitby was right in his assertion that many of those who claim to be asylum seekers are not. Could he remind us of the Home Office statistics on that issue?

[Craig Whittaker]

I thank the hon. Member for that question. Unfortunately, I do not have those statistics for him, but I will ensure that he gets them by the end of today. I will ask officials to bring forward those numbers.

It is essential that the provision that clarifies that the conclusive grounds threshold test is based on whether, on the balance of probabilities, an individual is a victim of modern slavery remains in the Bill to provide legislative clarity to that threshold. For the reasons that I have outlined, I respectfully ask the hon. Member for Halifax to withdraw the amendment.

--- Later in debate ---

[Neil Coyle]

In light of the fact that the Minister is asking for the amendment to be withdrawn and given his understanding that decisions will be made on a case-by-case basis, can the Minister tell us if the guidance that goes with the legislation will set out the exemptions and the process by which cases will be decided on an individual basis, and if there will not be the blanket exemption that is the Opposition’s understanding?

[Craig Whittaker]

Of course we will fully assess the issues in policy guidance. The hon. Member is exactly right that it will be set out in policy guidance, to ensure that due account is taken of the circumstances, so that any permitted actions, including prosecutions, are proportionate and in the public interest. It is right that the Bill seeks to target ruthless criminal gangs who put lives at risk by smuggling people across the channel.

The changes are not intended to deter people from seeking help from the authorities when they are being exploited and abused. However, it is right that we should be able to withhold protections from serious criminals and people who pose a national security threat to the United Kingdom. Indeed, ECAT envisages that the recovery period should be withheld in such cases, and it does not specify an age limit either, in answer to the question asked by the hon. Member for Halifax. It is important that the UK maintains this scope, as set out in ECAT. I hope in light of this explanation, hon. Members will be content to withdraw the amendment.

--- Later in debate ---

Finally, amendment 3 seeks to stipulate the minimum length of time support is provided after a positive conclusive grounds decision. In contrast, our approach is to provide tailored support to victims following a recovery needs assessment through a tailored transition plan. The plan can be put in place for up to six months at a time, with no overall limit. This will enable us to deliver the most appropriate and effective needs-based support to victims.

[Neil Coyle]

The Minister said earlier that the tailored plan would support someone until they move back into the community. Can he confirm that that support will be provided whatever setting the person is living in, not only to those who happen to be in a detention centre or accommodation centre, for example?

[Craig Whittaker]

I think I have made it quite clear that the amendment would restrict the ability to assess on an individual, case-by-case basis, as the clause intends. I also went on to say that the time period for that is up to six months but is not limited. I hope that answers the hon. Gentleman’s question. Amendment 3 would go against that approach and would not increase benefits to victims. For the reasons I have outlined, I respectfully invite the hon. Member for Halifax to withdraw the amendment.

--- Later in debate ---

[Craig Whittaker]

The Bill is groundbreaking in its provision of a specific grant of temporary leave to remain for confirmed victims of modern slavery by putting it in primary legislation. Clause 53 sets out the circumstances in which a confirmed victim may qualify for a grant of temporary modern slavery-specific leave. I think we all agree that this is a crucial provision that enhances the rights of the victims. Our approach is to set out the circumstances in which this new form of leave to remain will be provided, giving victims and decision makers clarity as to entitlements, in line with our international obligations.

In contrast to amendment 7, the clause does not seek to specify the length of the leave conferred on an individual, as that will be determined through an assessment of the specific circumstances of the individual. This approach is designed to provide flexibility based on an individual victim’s needs. To specify the length of time up front is not required in legislation, as that can be better—

[Neil Coyle]

The Minister is right: a huge number of organisations welcome the specific leave to remain on these grounds. Perhaps he could tell us the average length of time that it takes to prosecute gangs on these specific circumstances and whether it is the Government’s intention to protect anyone who has been trafficked for the entire period of the case in order to prevent them from being intimidated if they are outside the UK and in their country of origin, for want of a better term.

[Craig Whittaker]

The hon. Gentleman will know from his own experience that that is done through the criminal justice system in this country. If any victim or any person needs to be taken into any form of witness protection, that will be done via the courts. You may want to come back in.

[Neil Coyle]

But I am asking very specifically about the circumstances in clause 53(2)(c), where the Government are offering leave to remain on these specific grounds. Is it the Government’s intention that that leave to remain is extended for the period of any case involving the individual who is believed to have been trafficked?

[Craig Whittaker]

As I have said, each individual case will be considered on an individual, case-by-case basis. That is why the measure is written the way it is—so that decision makers can make individual decisions, based on individuals’ needs and support.

[Neil Coyle]

Shall I try it the other way round?

[Craig Whittaker]

You can try it whichever way you like.

[Craig Whittaker]

Sorry, Sir Roger.

[Neil Coyle]

Let us try it the other way round. Can the Minister confirm that it is not the Government’s intention to end leave to remain during criminal proceedings if that could mean that someone is forced to leave the UK and could be at risk of intimidation in another country?

[Craig Whittaker]

As I clearly stated in my previous answer, each individual case will be treated on the merits of that case, so it will be the decision makers’ decision as to what action, care or support will be needed for the individual.

Let me go back to what I was saying about amendment 7. To specify the length of time up front is not required in legislation, as that can be better met through provision in guidance and flexibility for the decision makers to determine it.

With regard to amendment 5, I think we agree that the primary aim here is to provide clarity to victims on the circumstances in which they are eligible for a grant of temporary leave to remain. To support clarity of decision making, we have sought to define the circumstances in which victims are eligible for a grant of modern slavery-specific leave. By contrast, amendment 5 would reduce clarity by providing that leave should be granted where necessary to assist the individual in their “personal situation”, without actually defining the term “personal situation”. This is why we have chosen to define what we mean by “personal situation” in this clause, for domestic purposes, and have set out that temporary leave to remain will be provided where it is necessary to assist an individual

“in their recovery from any harm arising from the relevant exploitation to their physical and mental health and their social well-being”.

[Craig Whittaker]

The clause defines what personal circumstances mean. Amendment 5 does not do that and, in doing so, reduces clarity for victims. That is completely against the aim of the clause, which is to give clarity to victims.

[Neil Coyle]

Could the Minister provide some statistics to help us—I do not expect him to have this to hand, but perhaps he can respond in writing—on the average length of these cases, the number of people granted leave to remain who were believed to be victims of traffickers and the average length of the leave to remain they granted? Those would be useful statistics for the Committee and for the House ahead of Report.

[Craig Whittaker]

I have resisted saying these words, but I will make sure that we write to the Committee with those statistics if they are available.

The link to exploitation is an important one, and it is based on our Council of Europe convention on action against trafficking in human beings obligations to assist victims in their recovery. Given that the aim is to provide a clear framework to deliver certainty for victims and decision makers, I do not think that amendment 5 would enhance that at all. Turning to amendment 189, I recognise the importance, again, of bringing clarity to victims about the circumstances in which they are entitled to temporary leave to remain. That is exactly what clause 53 will do. I understand the particular vulnerabilities of children, and I can reassure the Committee that these are built into our consideration of how the clause will be applied.

Clause 53, in contrast to amendment 189, seeks to clarify our interpretation of our international obligations and it brings clarity for victims and decision makers, too. It purposefully does not use terms such as

“the person’s wishes and feelings”,

which are unclear and would not enable consistent decision making.

We are also clear that all these considerations must be based on an assessment of need stemming from the individual’s personal exploitation. Amendment 189 seeks to remove that link to exploitation, moving us away from the core tenets of our needs-based approach. It would not support victims in better understanding their rights; nor indeed would it help decision makers have clarity on the circumstances in which a grant of leave is necessary.

I want to be clear that clause 53 applies equally to adult and child confirmed victims of modern slavery. Crucially, through this clause, we have already placed our international legal obligations to providing leave for children in legislation—which I think we all agree is a milestone in itself.

I want to reassure the Committee that decision makers are fully trained in making all leave to remain decisions, including considering all information to assess the best interests of the child and to account for the needs to safeguard and promote the welfare of all children. All decision makers will receive training and up-to-date guidance on the policy outlined in clause 53.

For the reasons I have outlined, such changes do not add clarity and, in our view, are not required. I hope the hon. Member for Halifax will not press her amendments.

--- Later in debate ---

[Craig Whittaker]

I am a little surprised that the hon. Lady says “piecemeal approach”. I thought I was very clear throughout the process that it is a highly trained decision maker that will be looking at each individual on a case-by-case basis. They will have the ability to look at the individual person’s needs and extend. That approach is at the opposite end of the spectrum to the “piecemeal approach” mentioned by the hon. Lady.

[Neil Coyle]

I think the Minister is suggesting that there would be variation in the lengths of leave provided. Can he set out that it is the Government’s expectation that there would not be a minimum, bog standard six months that everyone is given, and that there will be quite considerable variation in the periods provided?

[Craig Whittaker]

I thank the hon. Gentleman for that intervention asking for clarity. He is absolutely right; decisions will be made on the basis of individual needs. I can understand where the word “piecemeal” comes from, but the reality is that if an individual’s mental and physical health and wellbeing support needs mean that those periods need to be extended, the individual highly trained decision maker will have the ability to extend the period.

[Neil Coyle]

The Minister is again saying extend, rather than grant for the necessary period. Coming back to the criminal prosecution case, it is very unlikely that the case will be heard within six months. It will not even get to court within six months, let alone be heard. Is it the Government’s expectation that someone will be protected with a period of leave that covers a court case? Will the individual decision maker have access to the average statistics on the time it takes to hear a case of this nature?

[Craig Whittaker]

I do not think that the decision maker will need the statistics on the average timescale for a decision. What they will need to make a decision is the individual person’s history and needs, which is what they will use throughout the process. If they need six months, they will get six months. If they need longer than that—whether for a court case or other circumstances —that is intended to be allowed for the individual.

There was one more question on how we assess the victim’s needs to be met in another country. The policy will make it clear for the first time in legislation that confirmed victims with recovery needs stemming from their exploitation will be entitled to a grant of leave where it is necessary to assist them in their recovery. Decision makers will assess, in line with guidance and available country information, whether the support and assistance required by the victim to aid their recovery is readily available in their country of return. This will be carried out on a case-by-case basis, in line with individual assessments for each victim.

Amendment 72 agreed to.

Question put, That the clause, as amended, stand part of the Bill.