Asked by: Paul Blomfield (Labour - Sheffield Central)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what the average length of time of cases in employment tribunals related to non-payment of the National Minimum Wage was in each of the last five years.
Answered by Shailesh Vara
The average clearance time of employment tribunal claims for non-payment of the National Minimum Wage1 in each of the last five years is as shown in Table 1 below:
Financial Year | Average time in weeks |
2010-11 | 43 |
2011-12 | 41 |
2012-13 | 43 |
2013-14 | 32 |
2014-15 | 74 |
source: ET Database February 2016
1 "Suffer a detriment and/or dismissal related to failure to pay the minimum wage or allow access to records"
In 2014-15 we reviewed outstanding cases and removed a backlog of very old cases from the case management system. The overall trend in average clearance time for single cases is improving and this can be seen in the Published Statistics at:
https://www.gov.uk/government/collections/tribunals-statistics.
Asked by: Paul Blomfield (Labour - Sheffield Central)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, pursuant to the Answer of 9 February 2015 to Question 223157, how many times (a) aggravated damages and (b) exemplary damages have been awarded following a civil claim brought by (i) victims of trafficking for sexual exploitation and (ii) victims of trafficking for labour exploitation or forced labour.
Answered by Mike Penning
I refer the Hon. Member to my Answers of 2 and 9 February to Questions 221878, 221879, 221883, the answer to which can be found on the Parliamentary website at: http://www.parliament.uk/business/publications/written-questions-answers-statements/written-question/Commons/2015-01-23/221878/ and 223157, the answer to which can be found on the Parliamentary website at: http://www.parliament.uk/business/publications/written-questions-answers-statements/written-questions-answers/?page=1&max=20&questiontype=AllQuestions&house=commons%2clords&uin=223157 . Figures in relation to the number of civil claims brought by victims of trafficking and the award of aggravated and exemplary damages are not available. However, we are confident that the courts will award such damages wherever it is appropriate to do so.
Asked by: Paul Blomfield (Labour - Sheffield Central)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, pursuant to the Answers of 2 February 2015 to Questions 221907 and 221908 if he will review the provision of legal aid to potential victims of human trafficking in advance of their referral to the UK national referral mechanism.
Answered by Shailesh Vara
Provision of legal aid to victims of human trafficking in immigration matters is an exception to the general removal of immigration matters from the scope of civil legal aid, and one that we have extended to all victims of modern slavery through the Modern Slavery Bill. Applicants are required to have engaged in the National Referral Mechanism (NRM) process, which also provides specialist accommodation and support, to the point that a positive reasonable grounds or conclusive determination has been made, in order to ensure that limited resources are made available in the cases parliament identified as justifying public support.
A review of the NRM, published in November 2014, recommended a range of changes to the current system including changes to align the referral process and the reasonable grounds decision. The point of access to legal aid will be considered as part of our wider consideration and piloting of the NRM review recommendations.
Asked by: Paul Blomfield (Labour - Sheffield Central)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, pursuant to the Answer of 2 February 2015 to Questions 221878, 221879 and 221883, and with reference to his statement in those answers that figures in relation to the number of civil claims brought by victims of trafficking and damages awarded are not available, what the evidential basis is for his assessment that the remedies available to victims of trafficking under the civil law of tort are adequate and effective.
Answered by Mike Penning
As explained in my Answer of 2 February, both aggravated and exemplary damages are available under the civil law of tort in addition to compensatory damages. The courts are extremely familiar with these remedies and we are confident that such awards will be made wherever appropriate in claims relating to human trafficking.
Asked by: Paul Blomfield (Labour - Sheffield Central)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment he has made of the efficacy of existing civil torts in enabling victims of human trafficking to claim damages from their traffickers.
Answered by Mike Penning
Modern slavery is an appalling crime that has no place in today’s society. It is an affront not just to the dignity and humanity of the people crushed by it but to every one of us.
That's why the Government has introduced a Modern Slavery Bill, the first of its kind in Europe.
But we are clear that legislation is only part of the answer. We have also launched the Modern Slavery Strategy setting out co-ordinated action across government departments, agencies and law enforcement in the UK and internationally to tackle slavery.
We believe that the remedies available to victims of trafficking under the civil law of tort are adequate and effective. In addition to damages to compensate the victim for the harm he or she has suffered, the law also allows for aggravated or exemplary damages to be awarded depending on the circumstances of the case. We are confident that the courts will award such damages wherever it is appropriate to do so.
Figures in relation to the number of civil claims brought by victims of trafficking and damages awarded are not available.
Asked by: Paul Blomfield (Labour - Sheffield Central)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what damages were awarded to victims of trafficking in actions under existing civil torts since 2010.
Answered by Mike Penning
Modern slavery is an appalling crime that has no place in today’s society. It is an affront not just to the dignity and humanity of the people crushed by it but to every one of us.
That's why the Government has introduced a Modern Slavery Bill, the first of its kind in Europe.
But we are clear that legislation is only part of the answer. We have also launched the Modern Slavery Strategy setting out co-ordinated action across government departments, agencies and law enforcement in the UK and internationally to tackle slavery.
We believe that the remedies available to victims of trafficking under the civil law of tort are adequate and effective. In addition to damages to compensate the victim for the harm he or she has suffered, the law also allows for aggravated or exemplary damages to be awarded depending on the circumstances of the case. We are confident that the courts will award such damages wherever it is appropriate to do so.
Figures in relation to the number of civil claims brought by victims of trafficking and damages awarded are not available.
Asked by: Paul Blomfield (Labour - Sheffield Central)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many cases of (a) trafficking for sexual exploitation, (b) trafficking for other exploitation and (c) forced labour, slavery and servitude (i) were prosecuted and (ii) resulted in convictions in 2013.
Answered by Mike Penning
The number of defendants proceeded against at magistrates’ courts and found guilty at all courts of offences under Section 71 of the Coroners and Justice Act 2009 (relating to forced labour, slavery and servitude), Section 4 of the Asylum and Immigration (Treatment of Claimants etc) Act 2004 (relating to trafficking for other exploitation) and Section 57 and 59 of the Sexual Offences Act 2003 in England and Wales (relating to for sexual exploitation) from 2009 to 2013 can be viewed in the table.
Modern slavery is an appalling crime that has no place in today’s society. It is an affront not just to the dignity and humanity of the people crushed by it but to every one of us.
That is why the Government has gone beyond the above legislation and introduced a Modern Slavery Bill, the first of its kind in Europe.
| Defendants proceeded against at magistrates courts and found guilty of offences under selected legislation, England and Wales, 2009 to 2013 (1)(2) | ||||||
| Legislation | Outcome | 2009 | 2010 | 2011 | 2012 | 2013 |
| Section 71 Coroners and Justice Act 2009 (3) | Proceeded against | - | 1 | 22 | 4 | 10 |
| Found guilty | - | - | 1 | 1 | 9 | |
| Section 4 Asylum and Immigration (Treatment of Claimants etc) Act 2004 | Proceeded against | 14 | 6 | 11 | 13 | 12 |
| Found guilty | 7 | 2 | - | 6 | 2 | |
| Section 57 to 59 Sexual Offences Act 2003 | Proceeded against | 33 | 24 | 10 | 16 | 28 |
| Found guilty | 23 | 10 | 8 | 10 | 12 | |
| '-' = Nil | ||||||
| (1) The figures given in the table relate to persons for whom these offences were the principal offences for which they were dealt with. When a defendant has been found guilty of two or more offences it is the offence for which the heaviest penalty is imposed. Where the same disposal is imposed for two or more offences, the offence selected is the offence for which the statutory maximum penalty is the most severe. | ||||||
| (2) Every effort is made to ensure that the figures presented are accurate and complete. However, it is important to note that these data have been extracted from large administrative data systems generated by the courts and police forces. As a consequence, care should be taken to ensure data collection processes and their inevitable limitations are taken into account when those data are used. | ||||||
| (3) Offences in section came into force 6 April 2010 | ||||||
| Source: Justice Statistics Analytical Services - Ministry of Justice. | ||||||
| Ref: PQ 210323 210324 210325 | ||||||
Asked by: Paul Blomfield (Labour - Sheffield Central)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, with reference to paragraph 6.3.11 of the National Referral Mechanism Review published in November 2014, if he will review the provision of legal aid to potential victims of human trafficking.
Answered by Mike Penning
Civil legal aid is currently available to help victims of human trafficking in relation to applications for leave to enter or remain in the UK, and also for claims for damages or under employment law brought by victims of human trafficking arising in connection with their exploitation.
My officials are working with the Home Office on implementation of the Review's recommendations.
Asked by: Paul Blomfield (Labour - Sheffield Central)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many victims of trafficking have brought claims against their traffickers under existing civil torts in the last five years; and how many such claims have resulted in awards for damages.
Answered by Mike Penning
Modern slavery is an appalling crime that has no place in today’s society. It is an affront not just to the dignity and humanity of the people crushed by it but to every one of us.
That's why the Government has introduced a Modern Slavery Bill, the first of its kind in Europe.
But we are clear that legislation is only part of the answer. We have also launched the Modern Slavery Strategy setting out co-ordinated action across government departments, agencies and law enforcement in the UK and internationally to tackle slavery.
We believe that the remedies available to victims of trafficking under the civil law of tort are adequate and effective. In addition to damages to compensate the victim for the harm he or she has suffered, the law also allows for aggravated or exemplary damages to be awarded depending on the circumstances of the case. We are confident that the courts will award such damages wherever it is appropriate to do so.
Figures in relation to the number of civil claims brought by victims of trafficking and damages awarded are not available.