Illegal Migration Bill

Baroness May of Maidenhead Excerpts

Report stage
Wednesday 26th April 2023 Commons Chamber

[Robert Jenrick]

With all due respect to the hon. Lady, I met the assistant commissioner of the UNHCR and had this conversation directly with her. So whatever the hon. Lady may be quoting from her iPhone, I would prefer to take at face value what I have heard in discussion with the assistant commissioner. The point is that the UNHCR selects individuals who have registered with it and to whom it has given refugee status to go to other countries on existing safe and legal routes. It currently has discretion as to who it puts in the direction of the United Kingdom. That was a choice made when the UK established that scheme, because the then Conservative Government took the perfectly legitimate view that we would offer complete discretion to the United Nations to select the people it felt were the most vulnerable in the world and help them to come to the UK. We have already opened the conversation with the UN on how we will establish a new safe and legal route, and there are a range of options on how we might configure that.

[Mrs Theresa May (Maidenhead) (Con)]

I wonder if I might assist my right hon. Friend on this issue of the UNHCR, because I too have seen that quote. As far as I can see, the UNHCR is saying that somebody cannot just turn up at the UNHCR and say, “I want to go and have asylum in the UK.” The UK has an arrangement with the UNHCR whereby we say that we will take a certain number of refugees or asylum seekers, and we ask it please to identify those who are most vulnerable and therefore those who should be coming under our scheme. There is not that incompatibility that is being suggested.

[Robert Jenrick]

My right hon. Friend is absolutely right on that. Of course, how we structure any safe and legal route, whether we work with the UN or indeed any other organisation, is a choice for the UK. It is not impossible for the UK to say that we wish to take individuals from particular countries or regions, but the choice made in the recent past, which as I say, was a perfectly valid one, was to give that discretion to the experts at the UNHCR, rather than to fetter their discretion.

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[Mrs May]

Picking up on the point made by my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith), I think that we were all surprised to see Government amendment 95, because it says not that the police can make an application to the Secretary of State, with a nice order and so on, but that the Secretary of State “must assume” that the person cannot stay in the United Kingdom unless there are “compelling circumstances”—determined initially and endorsed by the Secretary of State—for them to stay.

[Robert Jenrick]

That is the procedure that I have just outlined. Police forces would apply to the Secretary of State, who would then make the determination that my right hon. Friend describes. That is an important safeguard to ensure that there is rigour on this issue.

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[Robert Jenrick]

I will not give way; I will draw my remarks to a close.

I will not detain the House by detailing the other Government amendments, which I have summarised in a letter—

[Mrs May]

rose—

[Robert Jenrick]

If Members do not mind, I will give way to my right hon. Friend.

[Mrs May]

I am grateful to my right hon. Friend for giving way. I wonder whether he can comment on a matter that has been brought to my attention while he has been on his feet. Greater Manchester police has released the following urgent update about Programme Challenger, which is the programme the force operates for dealing with serious and organised crime:

“As a result of the Nationality and Borders Act 2022, changes came in to effect in February 2023 which have had an immediate impact on potential victims. This has seen positive first stage decisions drop from around 95% of all submissions to 18% of submissions between February 20th and March 31st. This means that 4 in 5 potential victims are not able to access immediate support from the national modern slavery and human trafficking victim care providers.”

Is my right hon. Friend as worried about that as I am? If he is not worried, is it because he feels that the 2022 Act is already having an impact? In which case, why does he need modern slavery provisions in this Bill?

[Robert Jenrick]

It is difficult for me to comment on remarks that are read out that I have had no sight of; frankly, my right hon. Friend would not have done so either when she was a Home Office Minister. She and I have a disagreement on the current impact of modern slavery on our system, but to me the evidence is very clear that unfortunately—this was never the intention of the framework that was created—there is significant abuse. We see that in particular in the number of individuals who are coming forward with modern slavery claims in the detained estate when we seek to remove them from the country. Such last-minute claims currently account for 70% of individuals. I am afraid that, among other evidence, that shows that we have a serious problem and we have to take action.

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[Mrs Theresa May]

I will concentrate my remarks on amendment 4, in the name of my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith)—I have also signed it—and Government amendment 95.

Before I do so, I want to say a word about evidence. The Minister has indicated again today that, in his view, there is evidence that the Modern Slavery Act 2015 is being abused. I apologise for doing this to him again, but he might wish to look at the evidence given to the Home Affairs Committee this morning by a representative of the Organisation for Security and Co-operation in Europe, basically saying there is no evidence to support the claim that the national referral mechanism is being abused. On the contrary, the evidence is that there is a low level of abuse. They went on to say that the biggest problem with the NRM is not abuse but the big delay in finding an answer for victims, which is of course within the Government’s control because it is about the length of time that officials are taking to consider cases.

I am grateful to the Minister for meeting me last week to discuss the concerns I raised in Committee. I welcomed the Government’s apparent attempt to improve the Bill for victims of modern slavery, and their willingness to look at that, but then I saw Government amendment 95. Far from making the Bill better for victims of modern slavery, the amendment makes the Bill worse. I believe the Minister was talking in good faith, but it is hard to see Government amendment 95 as an example of good faith. It is a slap in the face for those of us who actually care about victims of modern slavery and human trafficking.

Equally concerning, Government amendment 95 suggests that those who are responsible for the Bill simply do not understand the nature of these crimes or the position of victims. The Minister wants to see an end to human trafficking, and he wants to stop the traffickers’ business model, as do many of us on both sides of the House, but the best way to do that is by identifying, catching and prosecuting the traffickers and slave drivers.

Government amendment 95, by making it an assumption that victims do not need to be present in the UK to assist an investigation, makes it much harder to investigate and prosecute the traffickers and slave drivers. It has been shown time and again that victims’ ability to give evidence is affected by the support they receive. They need to feel safe and they need to have confidence in the authorities.

As Detective Constable Colin Ward of Greater Manchester Police says:

“If we get the victim side right first, the prosecutions will eventually naturally follow, alongside us doing the evidence-based collection of that crime.”

Support for victims matters in catching the slave drivers. Sending victims back to their own country, or to a third country such as Rwanda, will at best make them feel less secure and, therefore, less able or less willing to give the evidence that is needed, and will at worst drive them back into the arms of the traffickers and slave drivers.

Again, the representative from the Organisation for Security and Co-operation in Europe made the point today at the Home Affairs Committee that the UK has been leading the world in identifying victims exploited by criminal activity. That tells us that these people are vulnerable, because they have been compelled by traffickers to engage in criminal activity. Disqualifying them from our ability to rescue them will mean the UK is no longer able to identify them, and it will leave them to the mercy of the traffickers. Far from helping, Government amendment 95 flies in the face of what the Minister and the Government say they want to do to deal with the traffickers and slave drivers and to break their business model.

The Government have previously used clause 21(5) to tell us that they are providing more support for victims of slavery. Government amendment 95 reverses that by making it even harder for victims to get the support they need, which I think would be a setback in the fight against the slave drivers and traffickers.

[Sir Iain Duncan Smith]

My right hon. Friend is making a good speech. The reality is that amendment 95 poses a threat. Straightaway, its assumption is that someone goes, rather than that they have to prove anything; they go first and then somebody has to prove that they have to be here. What are they going to do when they look at that? They are going to say, “We’re off, so why would we give evidence?”

[Mrs May]

My right hon. Friend makes an important point. I hope that this is an unintended consequence of the Government’s amendment, but I fear, given that they tabled it, that they knew all too well what they were doing with this amendment, because they just want people to leave the UK. As he says, assuming that where somebody is identified they are going to have to leave the UK means that they are less likely to give evidence, and we will not catch and prosecute so many traffickers and slave drivers. Sadly, all too often those individuals will return to a country where they will be straight into the arms of the traffickers and slave drivers again.

The purpose of amendment 4 is simple: to ensure that victims who are being exploited, in slavery, here in the UK are able to continue to access the support they need, which will enable them to find a new life here or indeed in their home country. Not everybody who has been trafficked here for slavery wants to stay in the UK. Many of them want to return home, but they need to be given the support that enables that to be possible.

Amendment 4, if accepted, would ensure that it would be more likely that the criminals were caught. This Bill says, “If you are a victim of modern slavery who came here illegally, we will detain and deport you, because your slavery is secondary to your immigration status.” It has always been important to separate modern slavery from immigration status. Modern slavery is not a migration issue, not least because more than half of those referred to the national referral mechanism here in the UK for modern slavery are UK citizens here in the UK.

Modern slavery is the greatest human rights issue of our time. The approach in this Bill will have several ramifications. It will consign victims to remaining in slavery. The Government will be ensuring that more people will stay enslaved and in exploitation as a result of this Bill, because it will give the slave drivers and traffickers another weapon to hold people in that slavery and exploitation. It will be easy to say to them, “Don’t even think about trying to escape from the misery of your life, from the suffering we are subjecting you to, because all that the UK Government will do is send you away, probably to Rwanda.” The Modern Slavery Act gave hope to victims, but this Bill removes that hope. I genuinely believe that if enacted as it is currently proposed, it will leave more people—more men, women and children—in slavery in the UK.

As I have said, another impact of the Bill will be fewer prosecutions and fewer criminals being caught and put behind bars. I apologise to the Minister for bouncing him with the Greater Manchester Police evidence that I cited earlier, but it is very relevant and he needs to look at it. The Nationality and Borders Act 2022 already means that people who are in slavery—the figures on those who get a positive decision from the national referral mechanism show this—are not coming forward because of the evidence requirement now under that Act. That is having a real impact and it means fewer prosecutions of the criminals.

I wish to mention the impact on children, and I urge the Minister to listen carefully to the concerns of the Children’s Commissioner. Other Members of this House, including my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton), have long championed, through the process of this Bill, the issue of children. My concern is particularly about those children who are in slavery in this country and being cruelly exploited, as victims need support.

The Children’s Commissioner has cited the example of Albin, a 16-year-old Albanian national who came to the UK in September via a boat. He was trafficked for gang and drug exploitation. It was clear to the Border Force that he was young and malnourished, and that he had significant learning difficulties. He was provided support, including from the Children’s Commissioner’s Help at Hand team, but the point the commissioner makes is that

“without the NRM decision…he would have not been processed through the immigration/asylum route as quickly and he would have not received the adequate support to meet his needs.”

Upon receiving the positive decision for the NRM, the social care team was able to transfer him to a suitable placement. That 16-year-old would otherwise have potentially been detained and deported by the Government.

It is important that we consider the impact on children who are victims of slavery. I put the arguments earlier about making it harder to prosecute the slave drivers, and that covers child victims as well, but there may well be an added element for the traffickers to use to keep children enslaved, by which I mean the situation in Rwanda. UNICEF said:

“In Rwanda, over half of all girls and six out of ten boys experience some form of violence during childhood. Children are usually abused by people they know—parents, neighbours, teachers, romantic partners or friends. Only around 60% of girls in Rwanda who are victims of violence tell someone about it, and the rate is even lower for boys.”

I recognise that that quote relates to children in Rwanda being abused by people known to them, but the environment is hardly conducive to the good care of children.

Amendment 4 would remove the problem by ensuring that those identified as being exploited into slavery here in the UK could still access the support provided under the Modern Slavery Act. We have led the world in providing support for those in slavery by what we have done here in the United Kingdom. The Bill significantly damages the operation of that Act. It is bad for victims, bad for the prosecution of slave drivers and bad for the reputation of the United Kingdom.

I was grateful to my right hon. Friend the Minister for saying from the Dispatch Box that he was willing to talk and listen to us to see whether we can find a way through this. I say to him quite simply that the best way to do that is through amendment 4. That is what removes the problem in relation to the victims of modern slavery, so I hope the Government will be willing to look very carefully at that amendment and to listen to what we have said. What we are talking about is not just what we say, but what those who are identifying and dealing with the victims of modern slavery are experiencing day in, day out. They worry that more people will be in slavery as a result of the Bill.

[Mr Deputy Speaker (Sir Roger Gale)]

Order. I will now announce the result of the ballot held today for the election of the Chair of the new Energy Security and Net Zero Committee. A total of 384 votes were cast, none of which was invalid. There were two rounds of counting. There were 362 active votes in the final round, excluding those ballot papers whose preferences had been exhausted. The quota to be reached was therefore 182 votes. Angus Brendan MacNeil was elected Chair with 188 votes. He will take up his post immediately. I congratulate him on his election. The results of the count under the alternative vote system will be made available as soon as possible in the Vote Office and published on the internet.

I now call Dame Diana Johnson, after whom I shall have to impose a five-minute limit on speeches.

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[Robert Jenrick]

I am not going to do that, but I thank the hon. Gentleman for the advice. The amendment to which he refers enables the Government to ensure that those individuals who are the subject of a police investigation, or are participating in a police investigation with the aim of bringing their traffickers to justice, can have that investigation conducted in the United Kingdom, or—if it is safe to do so—can have their contribution to that investigation conducted while in a safe third country, such as Rwanda.

[Mrs May]

My right hon. Friend has been generous in giving way, and I must apologise to the Home Secretary, because I think I referred to the Immigration Minister as Secretary of State earlier in the debate.

Amendment 95 does not say that people who are participating in an investigation can be here in the UK and enabled to continue to take part in that investigation and provide evidence; what it says is that the assumption must be that they will be removed from the UK, and it is only if the Secretary of State reads her own guidance on compelling circumstances that she will enable them to stay in the UK. The amendment reverses the original subsection (5) of clause 21. It goes back on what the Government originally said they were trying to do.