Modern Slavery Bill

Sammy Wilson Excerpts

Tuesday 8th July 2014 Commons Chamber

[Mark Durkan]

I think that that Bill has been subject to a number of different viewpoints in the Assembly, particularly in respect of the workability of its detail. Indeed, many of the campaigning organisations that have highlighted the shortcomings of the Modern Slavery Bill have also indicated their reservations about some of the language in the Assembly Bill, which they want to see improved, modified or qualified. Now that there are moves to legislate in a number of these areas, we want to make sure that the legislation is as competent and effective as possible.

Some of the provisions of this Bill are clearly UK-wide—for example, both the slavery and trafficking prevention orders and the slavery and trafficking risk orders are UK-wide, yet many other functions apply to England and Wales, making it an England and Wales Bill. The orders are rightly UK-wide and they can even have international or extra-territorial effects.

There is a case for saying that we need more joined-up legislation in this area, and I know that the Department of Justice in Northern Ireland, for instance, has already engaged in a consultation exercise and seems ready to take forward legislation that has a similar remit to this Bill. I imagine, however, that if a Bill in this form went before the Northern Ireland Assembly, it might be subject to amendments and could be successfully amended in some of the respects raised by hon. Members here that the Government are resisting. We could reach the odd situation whereby subsequent legislation in Northern Ireland that appears to mirror this Bill could be more than just a karaoke Bill, along the lines that we are used to in the Assembly whereby a Bill is simply replicated. The Assembly Bill could go further and embrace some of the suggested amendments that the Government have resisted here.

[Sammy Wilson (East Antrim) (DUP)]

Does the hon. Gentleman accept that one important element that needs to be UK-wide is the ability to seize assets of criminal gangs to recompense the victims of the crime? Does he agree that that should apply regardless of which part of the United Kingdom the gangs operate from and regardless of which part of the United Kingdom their assets are held in? Their assets must be subject to seizure and then redistributed among the victims.

[Mark Durkan]

Yes, I do believe and recognise that. In case the hon. Gentleman is thinking that there is some kind of blur into issues surrounding the National Crime Agency, we have always been of the opinion that whatever arrangements are in place in respect of the pursuit and recovery of assets and ill-gotten gains should apply UK-wide. We want no weakening in that regard. The burden of our concern about difficulties involving the NCA did not arise from that, and does not centre on it, as I think both Home Office Ministers and the NCA itself are aware.

I accept that, in focusing on some of the Bill’s shortcomings, we may not be doing justice to some of the strengths that other Members have rightly welcomed, but I think that at this stage in its passage we need to urge the Government to think further and think better, given some of the answers that they have provided in respect of not just the offences issue, but the role of the anti-slavery commissioner. I am not persuaded by the Home Secretary’s presentation. I am not convinced that the commissioner, as described in the Bill, will be as robust and independent, in terms of drive and impact, as she has implied. Again, I think that we should look to arrangements that exist elsewhere, not least in Finland. We should be demanding an anti-slavery commissioner with similar scope, status and standing.

I appreciate that, as a Government Member observed earlier, we cannot create a body, or post, that is so independent that no Department or Secretary of State relates to it, in the context of, for instance, pursuing legislative proposals or being a channel for budget bids. Those of us who are calling for something more independent do not want a commissioner who would be so detached, and such a political and governmental orphan, that he would not have the necessary standing and leverage. We want that standing and leverage, in budgetary and legislative terms. However, we also want people to know that that status is entirely within the commissioner’s own independent right, is based on the authority of the role, and is not qualified by sensibilities or sensitivities on the part of a certain Minister in a certain Department. In particular, we do not want the suspicion to arise that those sensitivities are actually on behalf of a Minister in another Department or agency.

We should consider some of the grounds for qualification. In my experience, the issue of national security has been used to cover a very wide and loose variety of concerns. We do not want the work and the role of the commissioner—not just in terms of reports—to be limited or curtailed to that degree, and we hope that, as the Bill progresses, the upgrading of that work and role will go a great deal further.

Other Members have raised the issue of guardianship. I think that that is one of the issues that go to the heart of the question of whether the Bill does enough in regard to protection, although it is not the only such issue that is still outstanding. The right hon. Member for Birkenhead and the other members of the Joint Committee clearly identified the gap that continues to exist when they were considering the draft Bill. While it purported to do more in respect of prosecution and seemed to be trying do more in respect of prevention, it did not offer much in respect of protection and support. I think that the Bill in its present form is still short in that respect, and one of the most notable ways in which it is short relates to the glaring issue of child guardianships.

If child guardianships are not included in the Bill and we allow it to be passed without them, we, as a House, we will be saying “We think it will be all right on the night. We think it will somehow be okay.” When it comes to the treatment of children, we have been confronted by many derelictions, false assurances and false assumptions. It is claimed that children are being protected and their interests are being properly safeguarded, but we know that, in this respect, they are not. Other Members, including the shadow Home Secretary, have already referred to statistics showing how many children have gone missing for this reason, and have been brought back into the woodwork of exploitation, abuse and manipulated rights. If we are serious about the way in which the Bill regards children, we must ensure that guardianship is at the forefront and central to its provisions.

I ask Ministers to consider again the very logical arguments that have been advanced about the question of surer definitions relating to children. I do not think that there should be an either/or when it comes to whether we have a general defence or a particular offence. We know that, in plenty of other contexts, we can have both. If we are to entrust various other matters and means to the judgment, recommendation and guidance of the commissioner—and to law officers and others who are engaged with such matters—I do not see why we cannot trust people to cope with particular offences relating to someone’s status as a child, as well as with a general offence.

Let me make one final point about children and protection. We need to be absolutely clear that defence clauses such as clause 39 can extend to non-prosecution. We need to be certain that people can have the protection of not being prosecuted in the first place, rather than becoming part of the feeding line for potential case law through having to activate and use a defence. I believe that the House would want to offer those people a greater protection: a guarantee that the relevant legal officers could choose the option of non-prosecution, in full recognition of the conditions and circumstances with which they were dealing.

[Tracey Crouch (Chatham and Aylesford) (Con)]

Over the weekend, I read the online comment that “only leftwing feministas care” about the Modern Slavery Bill. I can tell you, Madam Deputy Speaker, that it would be considered unparliamentary to repeat the first response that sprang to the mind of this right winger, but the second was that the person concerned clearly had no idea of the scale of the problem, what it involved, and the fact that it was fairly prevalent across the country and was probably happening within a mile of his own home—and I have no doubt that it was a he. I was pretty furious at that point, and the comment made me absolutely determined to try to speak in the debate.

The third point that sprang to mind, almost instantly, was this: what if Twitter, or some other form of social media, had existed when William Wilberforce, who was certainly not left wing or, I suspect, a feminist, was pushing for the abolition of the slave trade? I am sure that the opposition and abuse that he received from certain parts of society would be just the same today, albeit within the 140-character limit; but I also wonder, given the power of social media nowadays—quite often as a force for good— whether his Bill would have been passed far more quickly than it was.

Wilberforce is a hero of mine, and I think that he should be a hero for most politicians, not necessarily just because he abolished a heinous trade but because he did so in the face of opposition and sustained attack over the course of half a century. It is embarrassing and shameful that, more than 200 years on, we are here, forced to discuss yet again a trade, a crime and often an industry that exploits vulnerable people on our home soil. I welcome the Prime Minister’s commitment, and the Home Secretary’s determination, to introduce a Bill to tackle modern-day slavery. They have been extremely well served by many Members on both sides of the House, and by the former Member of Parliament Anthony Steen, who has campaigned on the issue in the House and outside since 2006. His expertise is incredible, and I have no doubt that his hard work on the issue across the world has helped to produce the Bill.

I think it right for us to keep the Bill as simple as possible. While I sympathise with some of the points that have been made about supply chain transparency, I am not yet convinced that the Bill is the right vehicle for decisions about that. For a start, it currently covers only England and Wales, and tackling slavery across the world via corporate statements might distract people from the problems that we face here at this very moment. If separate legislation were introduced—if, indeed, legislation were required at all—I would consider supporting it. However, I am not yet sure whether putting such measures into the Bill would slow its passage through Parliament—a point made by my hon. Friend the Member for Central Devon (Mel Stride).

The Bill needs to deal with the real problem we have in the UK. No one knows the exact number of people who are forced into slavery—it remains unseen and undetected. What we do know is that 50% of the victims found in the UK are in the south-east.

I have discussed the issue with Kent police, who, working in partnership with local authorities across the county, have made some good progress in tackling trafficking and other forms of exploitation, which they calculate as being second only to the drugs trade as income generation for criminals. However, it is welcome that the Bill strengthens their enforcement capability. Kent police made the point to me in a briefing note about some of their recent operations. They found men who worked at night catching chickens in large industrial sheds, doing 16-hour shifts and sleeping in mini-buses by day. The men had no access to health services and no safety equipment was made available. Current legislation made it difficult for the CPS to be completely satisfied that there was sufficient evidence to charge. Therefore, Kent police very much welcome the fact that the Bill will simplify that and that they might be able to press ahead with charges.

[Sammy Wilson]

The hon. Lady highlights the difficulty with prosecutions, but given the fact that the Bill merely includes the offences in the current legislation why is she convinced that it will be more successful than existing legislation?

[Tracey Crouch]

I am grateful for the hon. Gentleman’s intervention because I think that one thing the Bill will do is place a positive obligation on law enforcement agencies to carry out not only enforcement but preventive work. Bringing all the provisions together will simplify the position enormously. It has been welcomed by enforcement organisations such as Kent police, who deal with the issue regularly because the county is the gateway to the rest of the UK. That is hugely important.

I will come on to some other aspects of the Bill, but I want to mention a few more examples that Kent police have tackled in recent months. They build on the examples that Members have already mentioned. One operation found vulnerable Nigerian female children were being trafficked into the UK. They were subject to “juju rituals” that were carried out to control and instil terror into the three victims, one of whom was aged 14. The offender was caught and sentenced to 20 years’ imprisonment. It is clear that the sex industry is the reason people are being trafficked into the UK.

Kent police gave another example. They worked with an eastern European country on one operation. They found victims who were being forced to have “crystal meths” in order to allow them to be placed into prostitution and subjected to horrific sexual assaults. They managed to escape at the point of sale; they were to be sold to another crime gang, also based in Kent. What we are doing today will enable agencies such as Kent police to conduct their work: they have been doing that as much as they can already, but they will feel that they are being supported in the long term.

I want to say at the outset that I think this is a really good Bill, but I share the view that improving law enforcement and piracy legislation is not enough. I would like to make a few comments on strengthening the Bill to make it world class. I fear that the measures protecting victims are not enough. One of the reasons we do not know the scale of modern-day slavery is that victims are often too frightened to come forward. The measures in the Bill to provide protection for child victims are welcome, but almost every briefing paper that Members have received says that the provision of child advocates does not go far enough. Many call for a system of independent, legal guardianship that can support and protect children and is more in line with best practice elsewhere. I agree with those views. At the moment local authorities are ill equipped to support victims no matter how hard they try, and often victims will go missing from care. Although advocates will play an important role, the simple truth is that unless they have the right legal powers they will remain powerless truly to protect the child.

Child victims should be a priority but we must not forget the adult victims of slavery and exploitation. They also need protection, and I agree with the view that extending the period of reflection from 45 days to 90 might help with that. Furthermore, I agree with Anthony Steen that often the protection could be offered in their home country better than in the UK, which would not only help the victim, often non-English speaking, but be more cost-effective to the taxpayer. A financial bond could be offered, the cost of which would be significantly lower than the cost of providing housing, benefits, welfare, health care and, with some victims, police protection. I hope that that will be considered.

My other main concern about the Bill as it stands—it is the main concern of others, too—is in regard to the commissioner. The appointment of an anti-slavery commissioner is welcome but they should be independent of the Home Office and have a wider remit. At present the terms of the commissioner are significantly narrower than those of others in parts of Europe with much better practices. The autonomy of those in Holland and Finland should be considered best practice and converted into ensuring that the powers of the commissioner here include statutory powers to collect and request data, monitor trends and assess the impact, and then report directly to Parliament. More important, the commissioner should not be limited to looking at law enforcement; the role should also include monitoring and supporting victims and the prevention of slavery. Again, I hope that the Minister is taking these points not as a criticism of the Bill but as ways of strengthening it.

With that in mind, I want to mention the issue of freezing assets. The measures on freezing assets are fantastic in principle but I worry that they might not work in practice. At present, the time between arrest and issuing an order to freeze assets is too long and could therefore be too late. The UK should look at Italian practices where assets are frozen within 24 hours, meaning that suspected criminal organisations cannot move or protect their assets; they are frozen immediately, with compensation available if they are released without charge. We should look at that, too.

My final point is not a criticism but merely a query that requires clarification. It is probably born from my misreading of the Bill. It relates to the clauses on the prevention and risk orders on prohibiting foreign travel. We know that many of the nationals who are involved in trafficking, either as perpetrators or victims, are from eastern European countries. Therefore, will the Minister clarify whether these measures comply with wider free movement principles of the European Union? I approve entirely of the principle behind the orders but it would be disastrous if they were unenforceable and not only hindered enforcement but put victims at risk.

This is a good Bill but it is not a world-class Bill. With Wilberforce’s legacy in mind, we as a nation should be taking the lead across Europe and the rest of the world. If the Bill is just about enforcement and piracy, we are making a small step forward, not the giant leap that we could. I hope that the Minister, who I know has worked extremely hard on this issue, will listen to those concerns, and see them not as a criticism of her endeavours but as a means of Parliament enabling her to strengthen the Bill. Outside the Chamber, we have the statues of Wilberforce, Pitt, Fox, Grenville and many others, who are honoured for the work they did over many years to abolish slavery. I urge the Minister to be bold and brave and to make the Bill to abolish modern-day slavery something the people whose statues are dotted around these hallowed corridors would be proud of.

--- Later in debate ---

[Sammy Wilson (East Antrim) (DUP)]

I, too, welcome this Bill. Although it does not extend to Northern Ireland, I believe it is an important part of the framework for protecting individuals across the United Kingdom. I will have something to say about the Bill’s application to Northern Ireland in a few moments.

More than 200 years ago, slavery was accepted as part of the norm across the world. Christians in this country believed that it was wrong because all people were equal in the eyes of God. They found a champion in this House, which voted to abolish slavery. The power of the Royal Navy was used to stop international traders who continued to traffick people from Africa to America.

That manifestation of slavery was dealt with by this House. Where there are weak people and strong groups with no moral scruples, however, the exploitation of individuals will continue. More than 200 years later, we see that slavery is still being manifested in many ways. If this debate does anything, it will awaken many people to something that they perhaps did not know was occurring in the United Kingdom—slavery on our doorsteps.

I remember when the issue of slavery was raised in the Northern Ireland Assembly by my colleague, Lord Morrow, who found that people had been brought to the provincial town of Dungannon in his constituency, having been trafficked from other countries, used as prostitutes, beaten and held in captivity. I am sure that many people in Dungannon did not have a clue that was going on. Lord Morrow presented the evidence to the Northern Ireland Assembly, and is currently taking through a private Member’s Bill to deal with that particular issue.

I believe that the Government were sincere in their attempt to legislate, even with only one year of this Parliament left. As other Members have pointed out, a whole range of people have put great pressure on the Government to deal with this issue. I particularly welcome the Government’s recognition that those who are caught up in the slave trade need protection, and that if a case goes to a court of law people need to be sure that they can give evidence without intimidation. The court system and its advocates must help and guide people who might be strangers to our country through the process. We need tougher sentencing and advocates need to raise awareness of the problem with public authorities. I welcome all those aspects of what has been said needs to be done.

Like other Members, I make criticisms of the Bill not because of a sense of churlishness, but because of a sense that if we are to have legislation, and if there is a genuine desire for that legislation, we should ensure that it is effective. I hope that my comments will not be seen as being totally negative, or as being an attack on the Government because I do not believe that they are trying to do their best.

[Dr William McCrea (South Antrim) (DUP)]

After the House has passed legislation, is it not vital that the courts step up to the mark and take the matter seriously as well? The sentences that are given often do not fit the crime.

[Sammy Wilson]

I am pleased that the Bill enables sentences to be extended to life, which will give the courts an opportunity to deal properly with the criminals who are involved in the trade of slavery.

As a number of Members have pointed out, the Bill contains a notable omission. The best thing to do is to prevent slavery from happening in the first place. The hon. Member for Sheffield Central (Paul Blomfield) gave us a lot of information. How likely is it that companies that are using slave labour in the United Kingdom will be caught as a result of fewer inspections? I believe he said that there would be one inspection every 250 years, and that there was a chance of employers being convicted once in a million years. That is hardly going to focus the minds of those who use slave labour on the fact that the authorities are going to get them.

I know that one argument will be about the expense of inspections. As the hon. Member for Norwich North (Chloe Smith) pointed out, we know that certain areas and certain industries in the United Kingdom are more prone to using slave labour than others. If there are to be inspections, why can they not target likely employers? Some of them may have a record; there may be local knowledge. If such people are harassed, there may at least be a chance that they will desist from using the slave labour that they are currently exploiting.

It has rightly been said that the offences that have been specified are really just a gathering together of existing pieces of legislation. The fact is—and there may be a number of reasons for this—that the number of convictions has been very low. Even when people have been identified as engaging in the slave trade and using slaves, the percentage who are taken to court and are convicted is below a third. A small number of people are taken to court, and there is a small percentage of convictions. Moreover, given the complexity of the legislation, those cases often take a long time. A case in Northamptonshire involved 200 police officers; 13 arrests were made, and, three years down the line, there were two convictions.

As the hon. Member for Linlithgow and East Falkirk (Michael Connarty) pointed out, it is not that the Government do not benefit from good legal advice. I am not a barrister, but I know that legal advice has been sought on how the offence could be made simpler, more understandable and easier to prosecute. However, none of it has been included in the Bill. If we are to have effective legislation, let us not just gather together elements of legislation that have not been seen to be working so far; let us look at offences and define them in the Bill. Of course the Government may argue that consolidating the legislation and all the support that will be made available will increase the conviction rate, but if the legal opinion is that the plethora of laws at present causes complications, this is the time to change that.

The protection of children has been well highlighted. From her vast experience, the hon. Member for Wigan (Lisa Nandy) made it clear that we need separate definitions and separate measures to deal with the exploitation of children. I cannot understand—the Minister did not make it clear—why a definition of children would cause complications and perhaps lead to even fewer convictions. If the reason is to do with establishing the age, there is an easy way to deal with that. If there is some concern about establishing the age, put the individuals in the general legislation. Where it is clear that we are dealing with children, let us have separate legislation and a separate definition of children.

The next issue I want to raise is in relation to other parts of the UK. The Joint Committee pointed out that, although private Members’ legislation does mirror the Bill, it does not totally mirror it. One easy option would be to ask the Northern Ireland Assembly to pass a legislative consent motion, so that the legislation would apply in Northern Ireland. The alternative is to take separate legislation through the Assembly, but given the length of time it takes to get some legislation through the Assembly, the legislation might be passed not in this Session of Parliament or the next, but the one after that. That gap causes great concern in one particular area: the seizure of assets and their use to recompense victims.

If assets are kept in Northern Ireland or Scotland, will it be possible to pull those assets in when someone is convicted of using slave labour in England and Wales, or will it be much more difficult? In Northern Ireland, we have an added complication. I know that the hon. Member for Foyle (Mark Durkan) tried to dismiss the point I made earlier but it was also highlighted by the Joint Committee. The National Crime Agency is not able to operate fully in Northern Ireland because that is being blocked by the Social Democratic and Labour party and by Sinn Fein. That in turn creates a difficulty in dealing with the trafficking gangs, who may see places such as Northern Ireland as a haven from which they can operate.

[Mark Durkan]

Again, I make the point that the debate has nothing to do with the National Crime Agency and the wider issues in Northern Ireland. The SDLP’s concerns in that regard do not relate to the issue of asset recovery and never have.

[Sammy Wilson]

The SDLP’s concerns may not relate to the recovery of assets from criminals but, because the National Crime Agency legislation cannot apply to Northern Ireland, the fact is that the issue is all tied up with the blockage that has occurred, owing to the attitude of Sinn Fein and the SDLP.

On the issue of corporate supply, the use of slave labour in the supply of materials from many developing countries is a multi-billion pound industry. It is worth while for slave traders to use slave labour, given the rewards. There have been impassioned pleas to the Government to include that matter in the legislation. There does not even seem to be any commercial argument against that, at least not from firms that want to demonstrate corporate responsibility. In fact, if anything they appear to be arguing that the market is flawed if we do not have legislation to protect firms who wish to do the right thing in respect of their supply chains, because otherwise they are undercut by the gangsters and the criminals.

I find it very odd that on one hand we will legislate for what goes into our food—for what is in a burger—but we do not seem to be concerned about how it is made, who it is made by or what conditions they work in. We do not seem to think it causes any difficulty for firms to have traceability for the ingredients, but somehow or other it creates commercial difficulties if we want traceability regarding the labour force used in making goods that are sold here in the United Kingdom.

Given that I did not hear any Members on the Government’s side resisting the calls from the other side of the House for transparency in corporate supply chains to be included, and given that major organisations in the United Kingdom have said they have no difficulty with this, but, indeed, they would welcome it, I trust that as this Bill goes through the House, that will also be included.

This is an important Bill. I commend the Government for bringing it forward, and I commend the Secretary of State for the energy she has put into it and the commitment she has made, but I hope the criticisms that have been made and the shortcomings that have been highlighted will be taken on board and addressed during the Committee stage.