Nationality and Borders Bill (Twelfth sitting)

Neil Coyle Excerpts

Committee stage
Thursday 28th October 2021 Public Bill Committees

[Jonathan Gullis (Stoke-on-Trent North) (Con)]

It is an honour to follow the hon. Member for Glasgow North East, and I am delighted that she is using the word “Stoke-on-Trent”. It is wonderful to hear it mentioned by hon. Members from across the House, and I hope that we will spend much more time talking about the city of Stoke-on-Trent.

I will discuss clause 41 and schedule 5. As we heard from His Excellency the Australian High Commissioner in the evidence session, pushback was one of a range of methods used to deter people from making the dangerous journey. There is no single approach that works on its own, and the clause adds to the raft of measures already in place. We already have in the Bill increased prison sentences and the idea that if someone enters the country illegally, it will count against their application. The clause says that if someone makes an illegal entry or attempts to do so, there could be pushback.

Of course, we acknowledge that pushbacks are not simple; they are dangerous and need to be thought through carefully. In the current legislation, pushbacks can already take place, as the Home Office has announced. There is a small legal window for that to happen, and it is up to the commander on the boat to make a decision on whether a pushback is safe to do. I believe that we should give confidence to commanders to know that this country has their back when they fulfil their duty to the people who elected the Government, and who therefore wanted the Bill delivered.

Ultimately, we know that Monsieur Macron was terrified by the threat of money not ending up in his pocket. The idea was that the French were so busy not doing their job and allowing boats to make the dangerous journey—some people in my patch would even have said that the French were aiding such crossings. It is not for me to say whether that is true—I am sure there are questions that could be answered—but, ultimately, we know it is election year in France. My hon. Friend the Member for North Norfolk mentioned earlier today in the main Chamber that the French were seizing British maritime boats over fishing, but they are not seeking to do enough when it comes to illegal economic migrants making the dangerous journey across the English channel. We are asking that boats are pushed back to a safe place.

Let us not forget that His Excellency the Australian High Commissioner said that when the Australians were using the method of pushback, they were using military vessels to stop what they described as rickety wooden boats. We would be doing it with rubber dinghies in some cases, which means that, in his opinion, there is not as much danger to the pushback as what was undertaken by the Australian navy. That is from someone who has actually lived that experience and gone through it, and he is obviously an extinguished lawyer who understands the legal implications. Ultimately, the Government are ensuring that we add more strings to the bow in order to deter people from making illegal crossings and to try to stop people risking their lives.

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

I think the hon. Gentleman meant “distinguished”. To clarify the record, will he take this opportunity to correct his mistake this morning and perhaps even issue an apology to Islington Council, which he so sadly besmirched?

[Jonathan Gullis]

I do not believe that is in scope of the clause, but I will not apologise to Islington Council. I made it very clear that, by the end of 2020, it had not taken any refugees. Obviously, Stoke-on-Trent had taken far more. The statistics back up what I am saying, and I am more than happy to have exchanges with the hon. Gentleman on the Floor of the House at another time, if he wishes.

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[Tom Pursglove]

There are a few points that I briefly want to address in concluding the debate on this clause. The first is the training that immigration officers have to undergo. I clarify again that all immigration officers have to pass the immigration foundation course to be appointed. This includes training on the Human Rights Act. Further specialist training is given to those officers working in the maritime environment, which includes vulnerability assessments in the context of human rights obligations. They will be exercising maritime powers using operational guidance that emphasises the need to take full account of relevant human rights aspects of the European Convention on Human Rights, and the Human Rights Act, in the context of safety of life at sea obligations. I know that the hon. Member for Sheffield Central is very keen that we include this in the Bill, but I respectfully disagree. There is already an established process in place that is delivering exactly what the hon. Gentleman wants to see. We are very mindful of these obligations on an ongoing basis.

The issue of immunity has also been raised; however, these protections are nothing new. Border Force has existing powers to intercept vessels in UK territorial seas; an officer is not liable in any criminal or civil proceedings if the court is satisfied that the act was done in good faith and there were reasonable grounds for it. This provision is also included in the Policing and Crime Act 2017, the Modern Slavery Act 2015, and applies in other contexts. This provision follows the same approach as the Immigration Act 1971.

The hon. Member for Glasgow North East raised a number of points in relation to search and rescue operations, which we had an extensive debate about during this morning’s session. Again, I make the point that this Government are absolutely committed to search and rescue operations, as would be rightly expected. That is an important function and service, and it is right that it continues to be a strong commitment. We are committed to it and that service must be provided. Again, I will emphasise that this Government will abide by their international obligations at all times.

[Neil Coyle]

Can the Minister be absolutely clear that no new powers, or attempts at immunity that arguably do not follow international law, are being sought? This is contrary to some of the Government reports on this issue.

[Tom Pursglove]

All I can say in response, is that I refer the hon. Member to what I have just said. There is an established position in relation to this; these protections are nothing new.

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

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Prisoners liable to removal from the United Kingdom

[Neil Coyle]

I beg to move amendment 143, in clause 44, page 41, line 7, at end insert—

“(1A) A prisoner who arrived in the United Kingdom before their tenth birthday is not eligible for removal from the United Kingdom under subsection (1).”

This amendment would prevent deportation as an FNO for those who arrived in the UK before their tenth birthday, in line with the age of criminal responsibility.

The amendment is not down in my name; it was tabled by my hon. Friend the Member for Sheffield Central, who has an urgent constituency engagement. Forgive me if I am not as eloquent as my hon. Friend. I will try to do justice to his amendment.

In recent months and years we have seen a multitude of cases of individuals who have lived in the UK almost all of their lives, and in some cases were even born here, being deported as a result of past convictions. The amendment seeks to prevent that happening if the individual came to the UK before the age of 10, the age at which the UK deems one becomes criminally liable for their actions. Assuming that the age at which criminal liability kicks in is the age at which we believe someone starts to become at least partly responsible for their actions, why should their previous country of residence change how they are dealt with in the criminal justice system years or decades down the line? My hon. Friend the Member for Sheffield Central has provided a case study.

We hear of cases such as that of Sam Trye, who was born within sight of this room, just over the river in St Thomas’ Hospital, where my daughter was born and where perhaps the son of the hon. Member for Stoke-on-Trent North will be born. We might not agree on many things, not least a scattergun approach to facts, but I congratulate him on his news, which I hope his wife gave permission for him to share before breaking it to us this morning. I hope our children have better life chances than Sam was afforded because he has since served a prison sentence for a non-violent crime, and the Home Office has been trying to deport him to Sierra Leone, from where his family moved to the UK. Despite Sam being born in the UK, he is treated differently as he lacks birthright citizenship. He has two British children and cares for his mum here in London, so his right to family life is therefore well established.

There is a question here about the UK’s responsibility. When a child is born here and has been through our education system and our support services, and has grown up British in every sense, we have a duty to ensure that if they commit a crime, the British state takes responsibility for that individual. It is nonsensical to deport those who have never known another country, who came to the UK before they were ever criminally liable in UK law, let alone an adult with full independence and responsibility.

That issue was raised during the Windrush report, and by Sir Stephen Shaw in his 2016 “Review into the Welfare in Detention of Vulnerable Persons” and his 2018 follow-up progress report. Sir Stephen stated:

“I found during my visits across the immigration estate that a significant proportion of those deemed FNOs had grown up in the UK, some having been born here but the majority having arrived in very early childhood. These detainees often had strong UK accents, had been to UK schools, and all of their close family and friends were based in the UK… Many had no command of the language of the country to which they were to be ‘returned’, or any remaining family ties there… The removal of these individuals raises real ethical issues. Not only does their removal break up families in this country, and put them at risk in countries of which they have little or no awareness. It is also questionable how far it is fair to developing countries, without the criminal justice infrastructure of the UK, for one of the richest nations on earth to export those whose only chance of survival may be by way of further crime.”

Sir Stephen’s recommendation 33 was that

“The Home Office should no longer routinely seek to remove those who were born in the UK or have been brought up here from an early age.”

That recommendation has been routinely ignored by Ministers, but we do know that the Government accept that premise in specific circumstances, so there is a precedent. Last year, when there was an outcry over their attempted deportation of people to Jamaica, the Government reached a private agreement with the Jamaican high commission that it would not deport those who came to the UK under the age of 12. When there were further charter flights this year, despite Ministers refusing to answer parliamentary questions from my hon. Friend the Member for Sheffield Central on the subject, as they wanted to hush up the agreement, we know that when the flights departed, no one who came to the UK under the age of 12 was on board. So which other countries does the Minister have other such agreements with, and which other countries are negotiating with him or others in the Government to secure such agreements? If the Minister has an agreement with Jamaica, which we know is sensible, why will he not make it a blanket policy? I invite him to respond if he can.

The amendment reflects British values, in the opinion of my hon. Friend the Member for Sheffield Central, and it take steps to enact Sir Stephen Shaw’s recommendations. I urge the Government to accept it.

[Tom Pursglove]

I thank hon. Members for raising these important issues. Amendment 143 aims to prevent the deportation of a foreign national offender where they arrived in the UK before the age of 10. The clause enables the removal of a relevant prisoner at an earlier point in their sentence. The amendment would exempt FNOs who arrived in the UK before the age of 10 from the provision enabling them to be removed at an earlier point in their sentence, but it would not exempt them from deportation. I cannot see a rationale for exempting FNOs who arrived in the UK before the age of 10 from the provision enabling them to be removed at an earlier point in their sentence, given that they will still be liable to deportation at the end of the custodial part of their sentence if they have not been removed earlier.

The hon. Member for Bermondsey and Old Southwark stated that the purpose for the amendment is to align the age on arrival in the UK at which an exemption to deportation applies with the age of criminal responsibility. Almost all foreign national offenders that the Government deport from the UK have committed offences since they were adults. It does not make sense to provide an exception based on the age of criminal responsibility. Unlike England, Wales and Northern Ireland, the age of criminal responsibility in Scotland is 12.

[Neil Coyle]

I am keen to explore this on behalf of my hon. Friend the Member for Sheffield Central. Will the Minister tell us more about the arrangement with Jamaica, and those with any other countries? He says that it would not make sense to have such an arrangement, but there is an existing one with a country. Perhaps he can tell us more about that specific arrangement, and any other countries we have entered into similar arrangements with.

[Tom Pursglove]

I am grateful for that question. The hon. Member for Sheffield Central is not here. I promised earlier to write to Committee members on the RNLI issue. I will make sure that this issue is addressed in that letter, particularly so that the hon. Gentleman can see that information in its full context, given that he is unable to be here because of a constituency commitment.

The amendment is too broad in scope. It does not define what is meant by “arrived in” the UK. This could include anyone who visited the UK for a short period or who arrived here clandestinely, as well as those who have been lawfully resident here since the age of 10. It is technically deficient and, I argue, wrong in principle. I also refer hon. Members to the requirements under the UK Borders Act 2007, passed under the previous Labour Government. For these reasons, I ask the hon. Gentleman to withdraw the amendment.

[Neil Coyle]

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Question proposed, That the clause stand part of the Bill.

[The Chair]

With this it will be convenient to discuss Government new clause 8—Prisoners liable to removal from the United Kingdom.

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[Tom Pursglove]

It might assist the Committee if I say a little more. I am not concerned about covering ground that we may have already covered if it helps to clarify matters further and to put beyond any doubt the Government’s undertaking.

The purpose of clause 46 is to ensure that genuine victims of modern slavery are identified at the earliest possible opportunity, so that they can get the support they need to recover from their exploitation. The clause is part of the measures that seek to expand the current one-stop process to include modern slavery through the establishment of the new slavery and trafficking information notice, which can be issued alongside the new evidence notice introduced by clause 16.

Asylum and human rights claimants will need to provide relevant information relating to being a victim of modern slavery or trafficking within a specified period and, if providing information outside that period, set out a statement of their reasons for doing so. The slavery and trafficking notice aims to help identify possible victims at the earliest opportunity, to ensure that they receive appropriate support. It also aims to ensure that those who are not genuine victims are identified at the earliest possible stage.

The clause is underpinned by access to legal advice to help individuals understand whether they are a potential victim of modern slavery or human trafficking, and to support a referral into the national referral mechanism if that is the case. The clause works in tandem with clause 47, which sets out the impact of not providing information in good time without a good reason, such as the effects of trauma. Individuals will also be made aware from the start that if they fail to disclose information, save for good reason, their credibility may be damaged. We will set out our approach in guidance, giving decision makers the tools to recognise the impact of exploitation and trauma, and ensuring any changes to processes resulting from those measures are designed to take full account of the impact of trauma on victims of modern slavery. We intend to work with the sector to develop the guidance around that. I hope that will give Members confidence that the views and experiences of those groups will be taken into account when developing the guidance.

[Neil Coyle]

Perhaps the Minister could name one of the expert organisations that support the inclusion of clause 46 or 47. As it stands, the vast majority of organisations in the sector oppose the inclusion of those measures. It is all very well the Minister saying he will impose a requirement on the sector to work with the Government on that guidance, but they are saying categorically that they do not want the clauses.

[Tom Pursglove]

I think the hon. Gentleman may have misunderstood my point. I was not saying there was any intention to impose a requirement on the sector to work with Government to develop the guidance, but undoubtedly we would welcome the input of the sector, which has a lot of experience and knowledge. We think there is a genuine issue that we need to address. The point I have made several times is that we want people to access the help they need when they need it as quickly as possible.

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[The Chair]

We now come to amendment 181, which stands in the name of Dame Diana Johnson.

[Neil Coyle]

I beg to move amendment 181, in clause 47, page 42, line 31, at end insert—

“(5) The provision of relevant status information identifying a person as a likely victim of human trafficking for sexual services shall constitute a “good reason” for the purposes of this section.”

This amendment would mean that the credibility of victims of human trafficking for sexual services would not be called into question by reason of the late provision of information relating to that fact.

[The Chair]

With this it will be convenient to discuss the following:

Amendment 187, in clause 47, page 42, line 31, at end insert—

“(5) Subsection (2) does not apply where the person is a victim of trafficking for the purposes of sexual exploitation.

(6) For the purposes of subsection (5) the person may be considered a victim of trafficking for the purposes of sexual exploitation if there is evidence that the person—

(a) Has been transported from one location to another for the purposes of sexual exploitation;

(b) Bears signs of physical abuse including but not limited to—

(i) Branding

(ii) Bruising

(iii) Scarring

(iv) Burns; or

(v) Tattoos indicating gang membership;

(c) Lacks access to their own earnings, such as by having no bank account in their own name;

(d) Has limited to no English language skills, or only such language skills as pertain to sexualised acts;

(e) Lives or stays at the same address as person(s) meeting the criteria in paragraphs (a) to (d); and

(f) Sleeps in the premises in which they are exploited.”

Under this amendment, late provision of relevant status information would not be taken as damaging the credibility of the person providing the information if that person were a victim of trafficking for the purposes of commercial sexual exploitation.

Amendment 182, in clause 48, page 42, line 36, at end insert—

“(za) at the end of paragraph (a) insert—

(aa) the sorts of things which indicate that a person may be a victim of human trafficking for sexual services;”

This amendment would require the Secretary of State to issue specific guidance on the sorts of things which indicate that a person may be a victim of human trafficking for sexual services.

New clause 42—Offence of human trafficking for sexual exploitation—

“(1) A person commits an offence if the person arranges or facilitates the travel of another person (“V”) to the United Kingdom with a view to V being sexually exploited in the United Kingdom.

(2) It is irrelevant whether V consents to the travel (whether V is an adult or a child).

(3) A person may in particular arrange or facilitate V‘s travel to the United Kingdom by recruiting V, transporting or transferring V, harbouring or receiving V, or transferring or exchanging control over V.

(4) A person arranges or facilitates V‘s travel to the United Kingdom with a view to V being sexually exploited in the United Kingdom only if—

(a) the person intends to sexually exploit V in the United Kingdom during or after the travel, or

(b) the person knows or ought to know that another person is likely to sexually exploit V in the United Kingdom during or after the travel.

(5) “Travel” means—

(a) arriving in, or entering, the United Kingdom,

(b) departing from any country outside the United Kingdom in circumstances where the person arranging or facilitating V’s travel intends that the destination will be the United Kingdom.

(6) A person who is a UK national commits an offence under this section regardless of—

(a) where the arranging or facilitating takes place, or

(b) where the travel takes place.

(7) A person who is not a UK national commits an offence under this section if—

(a) any part of the arranging or facilitating takes place in the United Kingdom, or

(b) the travel consists of arrival in or entry into, departure from, or travel within, the United Kingdom.

(8) A person who commits an offence under this section is liable—

(a) on conviction on indictment, to imprisonment for life;

(b) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine or both.”

[Neil Coyle]

I have always wanted to be a dame—[Laughter.]

I thank Tom Farr of CEASE and Kat Banyard of UK Feminista for assisting in the drafting of the amendments and for their valuable work. Before I address each amendment in turn, I want to quickly highlight the concern that we have seen online in response to today’s discussions about some of the language that the Minister has used, specifically the issue of “genuine cases”. It is my understanding that nine out of 10 “reasonable and conclusive grounds” decisions were positive last year, and I gently urge the Minister to consider the impact of his words, especially when it comes to more people coming forward in the future. He said that he will listen to the sector. I hope that is a genuine offer, given that the sector does not feel that it was listened to. The consultation period was very brief and unexpected and has left the sector very unhappy.

Amendment 181 would help ensure that the credibility of victims of human trafficking for sexual exploitation would not be called into question by a late disclosure of being trafficked, which clause 47 would do. If a person discloses that they have been a victim of human trafficking for sexual services, the lateness of the claim should not matter.

As we are all aware, the treatment of trafficked women and children subjected to sexual exploitation is unimaginable. It is widely understood to severely impact on their ability to escape from the situation they find themselves in. For many, it impacts on their ability even to understand or admit what has happened to them, for reasons of denial and other issues that my hon. Friend the Member for Halifax raised in the debate on clause 46.

There is a bureaucracy behind the Government’s plans. Many individuals who have been sexually exploited are wholly unaware of the process of having to declare themselves as a victim of sexual exploitation. Many are likely to be suspicious of any involvement with the authorities. There may be a very good reason why a person feels that way, including that they have not been in control of their activities and are unaware that they have committed specific immigration offences or other criminal offences that they have been forced to engage in under duress, such as soliciting.

Clause 47, in practice, means that if trafficking status is disclosed at a late stage, that will have a devastating impact on credibility. That simply cannot be justified. As my hon. Friend argued, victims of trafficking for sexual exploitation must not be precluded from legal protections simply because they are too frightened or traumatised—we have previously discussed post-traumatic stress disorder—to disclose information as soon as they come to the attention of the authorities. To encourage disclosure can very often take time and sensitivity, something that the Home Office does not always currently allow for, and which the proposals in this Bill will affect to an even greater level. The amendment would make sure some of the most vulnerable people who have been trafficked continue to be protected under the law.

Amendment 187 supports amendment 181. It details how a person making a late disclosure of trafficking for sexual exploitation might better be identified by any relevant authority. A person may be considered a victim of trafficking for the purpose of sexual exploitation in a number of ways: first, if there is evidence they have been transported from one place to another for the purpose of sexual exploitation; secondly, if a person has signs of physical abuse, including but not limited to branding, bruising, scarring, burns or tattoos; thirdly, if a person has no access to their own earnings—for example, a person who does not have access to a bank account—fourthly, if a person has limited or no English language skills, could not cope on their own and has been managed previously; fifthly, if a person lives at the same address as anyone who meets any of these criteria; and finally, if they sleep in the same place they have been or were exploited.

Although authorities may have the best interests of an exploited individual at heart when investigating any trafficking-related crime, they may not even be aware of how to recognise such an individual, given the distinct and specific treatment that they have been subjected to. Putting these comprehensive but by no means exhaustive guiding factors into the Bill aims to ensure that authorities have a deeper understanding of the factors they should be aware of and how to identify and help victims.

It is important to note that it is often only when the authorities make wider arrests of criminal gangs that exploited individuals are discovered, usually in brothels or closely-controlled transient places of residence. In a situation of criminality, it may be difficult for authorities to discern who may ultimately be responsible for such criminality.

Acknowledging that exploitation often manifests in ways such as physical and mental trauma, as well as a total lack of autonomy over their own lives, will improve the current legal situation in two tangible ways. First, it may deter lengthy and expensive prosecutions of victims of exploitation, who may otherwise fall between the cracks and be prosecuted for an offence they committed under duress. Secondly, it will put into law current Crown Prosecution Service policy, which is to treat these individuals as victims as and where they are discovered. That is not happening now—we see the prosecution rate for sex crimes in this country at a historic and terrible low.

Amendment 187 would allow the UK to further build its status as the world leader it wants to be when it comes to a toolkit to combat human trafficking and sexual exploitation. These individuals must be viewed as victims of crime and not criminals requiring punishment.

Amendment 182 is an alternative probing amendment that would require the Secretary of State to issue guidance on the specific factors that may indicate that somebody is a victim of trafficking for the purposes of sexual exploitation. I hope the Minister will give an indication of whether that is the direction of travel for the Government.

The amendment would also provide greater clarity for the relevant authorities. As already said, it would prevent the prosecution of individuals who may have been compelled to commit offences while being sexually exploited, as well as providing a framework for authorities to refer to when trying to discern exactly the type of exploitation that has taken place. I hope that the aim behind these amendments will be welcomed by the Minister today, even if they are not accepted.

New clause 42 would put into law a specific offence of trafficking for the purposes of sexual exploitation. The clause makes it an offence to arrange or enable the travel of another person for the purpose of sexual exploitation, regardless of whether the person consented to travel. Arranging or enabling travel can be done in numerous ways: by recruiting a person, by moving or carrying a person, by holding or receiving a person, or by transferring or exchanging control of a person.

Trafficking for the purposes of sexual exploitation means planning to sexually exploit a person during or after travel to the UK, or knowing another person is planning to sexually exploit a person during or after travel to the United Kingdom. Travel means arriving in the UK or leaving any country outside of the UK if the destination is the United Kingdom. A UK national commits the offence regardless of where the facilitating, arranging or travelling takes place. A non-UK national commits the offence by facilitating, arranging or travelling into and out of the UK. Committing the offence carries up to life in imprisonment if tried in a Crown court and would be a welcome step forward.

New clause 42 is necessary because while the Modern Slavery Act 2015 covers exploitation more broadly, the issue of sexual exploitation, specifically within the commercial sex industry, now merits being recognised as a distinct offence due to the catastrophically high numbers of trafficking victims brought into the commercial sex industry in the UK, organised by serious organised crime outfits.

The link between trafficking and commercial sexual exploitation—industrial-level prostitution—is undeniable, and the problem is getting worse. During the covid pandemic there was a 280% increase in the advertising of sexual services online in the west midlands, with the women being predominantly of eastern European origin. A 2010 report suggested that at least 10,000 women involved in off-street prostitution were victims of trafficking or non-UK nationals who were highly vulnerable. These statistics are shocking. We are not seeing provisions in current legislation to match the scale of the problem in the country.

Introducing new clause 42 would ensure that authorities and the Government recognise these intrinsic links and would aid in all our efforts to combat the scourge that is human trafficking and broader violence against women and girls. The benefits of the clause would include, firstly, requiring authorities to dig deeper to examine whether human trafficking has taken place when investigating any prostitution-related offence. Second, it would protect victims of sexual exploitation who have been trafficked. If an individual is being investigated for a prostitution-related offence, it is wholly unacceptable that they should be prosecuted for acts committed under duress or threat of violence from exploitative traffickers.

Placing this specific offence in law would encourage authorities to think more carefully about whether individuals who may initially be viewed as criminals are, in fact, victims of trafficking for the purposes of sexual exploitation. It would further allow for the specific prosecution of those who traffic people for the purposes of sexual exploitation, and the full scale of what is going on would perhaps become clearer. Amendments 181, 187 and 182 and new clause 42 would ameliorate and offer some specific protection to women trafficked into the UK for sexual exploitation. I hope the Government will look favourably on these probing proposals.

[Tom Pursglove]

I thank the hon. Members for setting out, through the hon. Member for Bermondsey and Old Southwark, their case and for putting forward their amendments. I appreciate their consideration of these clauses and their concern for a vulnerable group of individuals. They have raised important issues around identifying victims who have faced the most heinous crimes.

Ensuring that clause 47 enables decision makers to take account of individuals’ vulnerabilities is fundamental to our approach. That is why we have included the condition of good reasons, and ensured that decision makers have the flexibility and discretion to appropriately consider those without prejudging what that should cover. What constitutes good reasons has purposefully not been defined in the Bill: the detail on how to apply good reasons will be set out in guidance for decision makers, as we have already discussed. That will give decision makers the tools to, for instance, recognise the effect that traumatic events may have on individuals’ ability to accurately recall, share or recognise such events, while maintaining a case-by-case approach. Doing so in guidance will also ensure that we have the flexibility to update and add to the range of considerations undertaken by a decision maker in exercising discretion.

To create a carve-out for one group of individuals, as amendments 181 and 187 seek to do, would undermine this approach and create a two-tiered system based on the type of exploitation faced. I am sure this is not the intention of the hon. Member for Bermondsey and Old Southwark, but amendment 181 could also incentivise individuals to put forward falsified referrals regarding the specific forms of exploitation, or delay removal action. We believe that the right approach is to provide more detail on the varied and complicated reasons that may constitute good reasons in guidance, where these can be explored in more detail and where we can be more flexible as our understanding of exploitation develops.

[Neil Coyle]

The Minister has said that the intention is to address some of the issues and concerns raised by organisations and by the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East in the guidance. Can I request that the Minister meets those organisations and the hon. Member before Report, to make sure that any guidance plans take those concerns fully into account their concerns?

[Tom Pursglove]

I have made this point several times now, but it is certainly worth repeating: there is a real willingness and desire to engage thoroughly in relation to the development of the guidance. I would of course be very happy to consider any meeting requests that come in the usual way, but I assure the hon. Member for Bermondsey and Old Southwark that there is a firm commitment here, which I have made several times. As I have said, the hon. Member is a canny parliamentarian, and will take every possible opportunity to hold Ministers to account on that commitment to engage constructively with the shaping of the guidance.

[Neil Coyle]

There is a real test here, because the Minister is saying that he wants to listen to the sector. The sector is saying that it does not feel particularly listened to up to this point. It is a simple request to meet before Report, and the Minister has not quite said yes.

[Tom Pursglove]

What I would say to the hon. Member is that if he makes contact with my office in the usual way, with information about who he would like me to meet alongside him, I will absolutely consider that appropriately.

Decision makers’ considerations will include the indicators highlighted in the amendment, but they will also consider a wider range of potential reasons and indicators to avoid focusing specifically on one victim cohort. This approach will allow decision makers to consider each case on its merits while considering all the information relevant to that case without prejudice. To do otherwise would not be appropriate or fair to all victims.

Amendment 182 seeks to insert a specific reference to human trafficking for sexual services into clause 48. We are agreed that this provision must enable decision makers to identify the most vulnerable victims, including victims of trafficking for sexual services. However, to set out a particular purpose of trafficking on the face of the Bill would fragment the types of exploitation victims have faced.

Exploitation for the purpose of human trafficking is defined under section 3 of the Modern Slavery Act 2015, and that definition includes sexual exploitation. This is supported by the modern slavery statutory guidance in section 49 of the Act, which sets out considerations that may indicate that a person is a victim of human trafficking for sexual services. The existing guidance provides detail on indicators of specific types of modern slavery, including indicators that apply specifically to victims who have suffered from sexual exploitation. I am certain that hon. Members agree that there should be no grading of exploitation, and it is correct that exploitation for any one purpose should be considered with the same severity as exploitation for other purposes. We believe that to set out one particular purpose for exploitation on the face of the Bill would create fragmentation. Our guidance already provides detail on indicators of several types of modern slavery.

I will now turn to new clause 42. As I have already stated, I agree with hon. Members that the abhorrent crime of trafficking in individuals for the purposes of sexual exploitation should be treated with the utmost seriousness. That is why section 2 of the Modern Slavery Act 2015 already accounts for human trafficking offences, and makes specific reference to sexual exploitation in section 3. In fact, the Modern Slavery Act allows for a wider provision of the offence. Section 2 makes human trafficking an offence in any part of the world, which includes trafficking to the UK but also trafficking within the UK, which the amendment does not.

On that basis, I want to ensure that we do not inadvertently narrow our scope to prosecute the most serious criminals by focusing only on people being trafficked to the UK. For completeness, both Scotland and Northern Ireland have equivalent legislation that also covers this offence in the Human Trafficking and Exploitation (Scotland) Act 2015 and the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015. I recognise the terrible nature of these offences, which is why the Modern Slavery Act was introduced in 2015 to consolidate existing offences and provide enhanced protection for victims. In recognition of the seriousness of these crimes, these Acts have already increased the maximum sentences for slavery and human trafficking offences from 14 years to life in prison. For the reasons outlined, I respectfully invite the hon. Gentleman to withdraw his amendment.

[Neil Coyle]

I think the sector has a concern that the proposal in this legislation undermines the Modern Slavery Act and measures to encourage and support victims who have come forward. I hope that the Minister will hold that meeting before Report, but I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Question proposed, That the clause stand part of the Bill.

[Tom Pursglove]

Clause 47 sets out the consequence if an individual who has been served with a slavery or trafficking information notice as discussed under clause 46 provides information relating to being a victim of modern slavery after the specified time period. The clause aims to ensure that possible victims are identified as early as possible to receive appropriate support and to reduce potential misuse of the national referral mechanism system from referrals intended to delay removal action. Under clause 47, the decision maker must decide whether information provided through the one-stop process is outside the specified time limit and therefore is late. This consideration will take into account whether there was a good reason for the late information, such as the impact of trauma, but where there are no good reasons, an individual’s credibility is damaged due to the provision of late information.