Illegal Migration Bill

Lord Coaker Excerpts

Committee stage
Monday 12th June 2023 Lords Chamber

Moved by

[Lord Coaker]

85: Clause 21, page 25, line 32, leave out from “applies” to “subject” in line 39
Member's explanatory statement
This amendment is part of a package which seeks to probe how victims of modern slavery can enter the national referral mechanism and receive appropriate support.

[Lord Coaker (Lab)]

My Lords, I declare my interest as a trustee of the Human Trafficking Foundation and the work that I do with the University of Nottingham’s Rights Lab, as declared in the register of interests. If it is okay with your Lordships, I will not repeat that declaration during this session.

We are starting with a debate on modern slavery, which of course is of real interest to us all. But first, can the Minister update us on the progress that he is making on the publication of an impact assessment? I said that I would ask him at each sitting, as I think that it is incumbent on him to tell us; he has said “in due course”, and we are wondering whether “in due course” has got any closer—or certainly whether it will be between Committee and Report. It is an issue of immense importance to this Committee. We saw yesterday, with the publication at speed of the JCHR report, what can be done if there is a will. Parts of the impact assessment will be available in the Home Office, because the Home Office will be basing the Bill on evidence and on various assumptions that it is making, and it should share those with the rest of us, for us to consider in our deliberations.

It is even more important that we understand what the Government seek to do since they are already abandoning what they put in their Bill last year. We said that it simply would not work, and the Government refused to accept the amendments that we tabled—but we see in a Written Ministerial Statement, sneaked out by the Government on Thursday evening, that they have now abandoned group 1 and group 2 refugee status in the Nationality and Borders Act. We are all pleased with that, but we told the Government that it would not work, would create a bureaucratic backlog and be unfair. The Government have found that out for themselves, and now they are telling everyone that the two groups are to be joined together. I hope that the Minister learns from that and understands that often, with the various amendments that we table, we disagree not only on the principles contained in the Bill but with the practicalities.

With those opening remarks, I shall speak to Amendment 85 in my name and in the names of the noble and learned Baroness, Lady Butler-Sloss, who cannot be with us today, as well as the right reverend Prelate the Bishop of Bristol, along with many other amendments in this group, particularly Amendments 87 and 89. They are part of a package that seek to probe and understand how victims of modern slavery under the Bill can enter the national referral mechanism and receive the appropriate support.

It is of deep regret to me that one of the flagship policies of the last Conservative Government has been smashed. I find it unbelievable that noble Lords would support driving through something that is doing that. It was something that we all regretted—to see the former Prime Minister at Second Reading sitting on the steps in this House and looking with absolute dismay and horror at what this Government are proposing. Of course, the current version of the Conservative Government dismiss that as irrelevant and as something that is not important. However, as somebody who is as tribal as they come with respect to being Labour, I would say that sometimes Governments get it right—and, certainly, the Modern Slavery Act 2015 was a landmark piece of world-leading legislation, and it is unbelievable that a Conservative Government would seek to unpick that and drive it through.

These amendments look at how victims of modern slavery do—or, more particularly, do not—enter the national referral mechanism, including victims of sexual exploitation. There is a non-conformity to the ECHR and Article 4 of the Council of Europe’s directives against trafficking, as the JCHR report just published makes clear. As the noble Lord, Lord McColl, will say under his amendment, we have not had an Independent Anti-Slavery Commissioner for well over a year, which is astonishing—because whoever that was, he or she would have been able to inform our debates.

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[Lord Murray of Blidworth (Con)]

I am afraid I cannot comment on what might or might not be in the impact assessment.

[Lord Coaker (Lab)]

My Lords, rather than make a lot of different remarks, let me just say this: in my honest opinion, this is no way to do a Bill, particularly one as contentious as this. Numerous questions have been put by Members of your Lordships’ Committee, which the Minister has failed to address. How can we do our job if the Minister fails to engage with what is being said?

For the Government to turn around and say, in light of what the noble Lord, Lord Carlile, and many other noble Lords have said, that it may be that the impact assessment is available on the first day of Report, is totally and utterly unacceptable. It is simply not good enough for all of us who are considering amendments. Rather than dealing with many of the points put forward, I will say that it is clear that there will be a considerable number—to say the least—of amendments on Report. How can we judge those amendments—how they should be phrased and determined, and which ones are more important—if we have no impact assessment? It is frankly unbelievable to be left in that situation and it is no way to do a Bill.

I read—I did read much of it; my noble friend Lady Kennedy will be pleased—an excellent report by the JCHR. I am going to quote from the summary on the “Role of the JCHR”, because I could not believe it:

“We would have liked the opportunity to have questioned the Home Secretary about this. We invited the Home Secretary to give evidence on the Bill and she was unable to do so”.


This is a flagship Government Bill dealing with something which, as we have just been told, allows derogation from Article 13 of the European convention because the continued small boat migration is a threat to public order. Yet the Home Secretary cannot be bothered to go to the JCHR.

The report goes on to say:

“We also wrote to the Home Secretary with detailed legal questions on the Bill in order to inform our report and requested a response by 24 April 2023. The Home Secretary belatedly responded to us by letter dated 2 June 2023. We therefore did not receive her response before the Bill commenced Committee Stage in the House of Lords. The Home Secretary did not give any explanation for her undue delay in responding to our letter and many of the questions remain unanswered”.


To pick up the point made by the noble Lord, Lord Cormack, the report then says:

“We consider both the delay and her lack of explanation for the delay to be discourteous not just to this Committee but to both Houses of Parliament”.


I could not agree more with that.

We are supposed to be the revising Chamber. The Government lecture us and will say that the elected Government of the day have a right to get their legislation through. Many of us, including me, try to protect that convention, but it is based on a two-way process. That two-way process involves the Government giving all of us the proper information to make our decisions. It depends on Ministers answering questions; it depends on impact assessments being made available so that we can make our judgments. It does not depend on Ministers saying that they think a noble Lord is wrong; that somebody does not get it; somebody is misreading the information; somebody does not understand the statistics. It depends on detailed, logical argument and debate.

I will tell you what that leads to: it leads to better policy. It means that you do not have the ridiculous situation of the Government abandoning a key part of a Bill they only passed a few months ago by Written Statement a couple of days ago. That is where we will get to with this Bill if it is not properly considered. Even under the Government’s own terms it will not work. I say to the Minister that it is not good enough and he needs to reflect on what he is going to do about it.

[Noble Lords]

Hear, hear.

[Lord Coaker (Lab)]

I will withdraw the amendment on that basis.

Amendment 85 withdrawn.

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Moved by

[Lord Coaker]

93: Clause 22, page 27, line 36, leave out subsection (2)
Member's explanatory statement
This amendment seeks to remove the Bill’s restrictions on the provision of modern slavery support to those subject to the provisions in Clause 2.

[Lord Coaker (Lab)]

My Lords, I will not take a great deal of time on this group because quite a number of the points were made in the first group that we discussed today. This group deals with provisions relating to support. Clause 22 deals with the provisions relating to support in England and Wales, Clause 23 with support for Scotland and Clause 24 with support for Northern Ireland. My Amendments 93, 94 and 95, supported by the noble and learned Baroness, Lady Butler-Sloss, who has given her apologies today, seek to remove the Bill’s restrictions on the provision of modern slavery support for those subject to the provisions in Clause 2—blanket detention and removal. They would take out subsection (2) of the relevant clause.

Clause 22(2), and the equivalent points in Clauses 23 and 24 as they relate to Scotland and Northern Ireland, is an astonishing provision. It says that:

“Any duty under section 50A of the Modern Slavery Act 2015 (assistance and support) to secure that any necessary assistance and support is available to the person does not apply in relation to the person”.


Essentially, we are denying assistance and support to potential victims of slavery and trafficking. I cannot believe that we would want to do that, but there it is in the Bill. The noble and learned Baroness, Lady Butler-Sloss, and I simply want to take that out and at least try to understand what the Government’s logic is with respect to it. This provision means that you cannot be considered a victim, and if you are then you are denied any follow-on support or assistance.

Preventing support for all trafficked victims is disproportionate. As I said earlier—I will not repeat that debate—why not focus on improving administrative efficiency in the asylum system as a whole and the NRM? Currently, as was mentioned in the earlier group, victims of modern slavery are legally entitled to 30 days of support and protection from removal. That is only two days longer than the 28 days for which they are protected, but they are protected and supported to help them recover. It was said at great length, emphatically and well, by many noble Lords that providing victims with support is the only way to build trust and ensure engagement with law enforcement to help with the real criminals—the traffickers. It is also important to the victims in helping them to recover from their trauma.

Clauses 22 to 24 of the Illegal Migration Bill mean that, if you are trafficked into the UK, you will not be treated as a victim. I cannot believe that that is what a British Parliament would want. Nobody who enters the UK irregularly will be able to access support at any point, even if they are exploited in the UK—a point which the noble Lord, Lord Randall, and others made when discussing his amendment in the earlier group. If you enter irregularly at some point, and then become a victim of sexual exportation, child labour or forced labour, you will not be able to access any support to deal with that—and that is any irregular arrival, not just by small boats. What assessment did the Government make of the impact of this before stripping away all the support through the provisions contained in the Bill? What is their rationale for this? What assessment have they made of the numbers that may be affected by these changes—including the numbers referred to in the amendment by the noble Lord, Lord Randall, in the earlier group?

Do the Government not understand or believe that the consequences of this are that trafficked victims of modern slavery, forced labour and sexual exploitation, including children, will be left unsupported in a twilight world, with no money, no housing, no care and no personal support? As I have said before, do the Government themselves not recognise that what they are doing is quite extraordinary—to put it politely? They have included a sunset clause because they realise the extremity of these provisions in the Bill.

As your Lordships have heard and seen, the JCHR condemned this Bill in its recent report and called on the Government to change it. I ask a very simple question of the Government: if the Bill in its current form becomes an Act, how will we identify victims of modern slavery and trafficking? If we do identify them, what support are the Government intending to give them?

This is a significant group of amendments about providing assistance and support to victims of modern slavery and trafficking. The Government intend to take that support away. How can that be right?

[Lord Weir of Ballyholme (DUP)]

My Lords, as the proposer of Amendment 96, I have no problems with any of the other amendments in this group. I do not want to repeat the remarks of the noble Lord, Lord Coaker, but will deal specifically, albeit briefly, with Amendment 96.

This amendment looks at the level of support that human trafficking victims receive. As we discussed earlier, it is important that we, as a nation, approach that in a humane and compassionate manner. This amendment deals specifically with the position in Northern Ireland and with setting it at a higher bar than the Government are proposing, for a number of reasons.

First, the amendment reflects the devolutionary settlement for Northern Ireland. While migration and immigration are national issues, modern slavery and human trafficking specifically have been dealt with as a devolved matter and on a devolved basis. It is not something on which a uniform approach has been taken across the United Kingdom, and levels of support for victims in Northern Ireland is not something that has been dealt with in the abstract.

There are many occasions when in Northern Ireland we will seek exactly the same provisions as elsewhere or simply replicate or pay lip service to what is provided elsewhere by repeating it. This has been drilled down on two very detailed occasions in Northern Ireland. As I indicated earlier, we were the first part of the United Kingdom to have specific legislation on human trafficking through the human trafficking Act, which predated the Modern Slavery Act. There was a considerable amount of attention given to it then. In the sometimes febrile, cauldron-like atmosphere of Northern Ireland, it can be difficult to get consensus, but that was something on which there was broad consensus across the Assembly Chamber.

More specifically, in 2022, a major piece of legislation was brought by the Department of Justice. The justice Act dealt with two specific areas—in essence, a range of sexual offences and human trafficking. It was something that the Assembly, both legislatively and in the committee, looked at in considerable detail. I was a member of the Justice Committee when that was going through, and we took availability of the opportunity to get in a wide range of experts to give direct advice on what was needed specifically for Northern Ireland.

What has been put in place and will be enacted in Northern Ireland without this legislation has been designed specifically for Northern Ireland and its particular circumstances. It is one of those areas into which has gone a forensic level of detail. Unfortunately, the Bill would take us in a different direction and leave us with less protection and fewer resources for victims of human trafficking.

Secondly, there is currently some dispute between the Government and the Northern Ireland Human Rights Commission about the levels of obligation on this topic. We are in no doubt that across the board with this legislation, if it goes through in whatever form, it is likely to be challenged in the courts and to be the subject of litigation. Consequently, if we are to be stuck with it, the position where we can have the greatest level of clarity, certainty and agreement is preferable. If we can resolve that issue by way of the adoption of an amendment such as Amendment 96, it would remove the potential level of dispute. Faced with a choice between the Government’s position and that of the human rights commission, the human rights commission’s position would give greater protection and support for victims of human trafficking. If left with a choice as to what direction we go in, to provide that greater protection is the best possible solution.

Thirdly and finally, the amendment deals with the specific circumstances of Northern Ireland. Clearly, the issue of small boats has featured in a lot of the discussions around the Bill. Northern Ireland, I suppose, geographically in the United Kingdom is as far away from the shores of Kent as one can possibly get. On that basis, where we have small boats coming in, they tend to bring in fish rather than migrants. While the reality is that, as I am sure others have indicated, in many ways there is a common belief across this Chamber and another place that we need to seriously tackle the issue of small boats and clamp down on those exploiting people with that form of migration, with regards to human trafficking, small boats, as has been indicated, are largely a red herring when it comes to the issue of modern slavery. That is not the way that, largely speaking, human traffickers are bringing people to the United Kingdom, and certainly that is the case for Northern Ireland.

However, there is a concern about Northern Ireland’s unique geographical position, which is why we need a greater level of protection. The Prime Minister and others have highlighted the unique advantage of Northern Ireland in many ways, in that we have a border with the European Union and access therefore, through the common travel area, to the European Union, particularly the Republic of Ireland. We are also part of the United Kingdom, which means we have full access to the rest of the United Kingdom. There is a danger that human traffickers will see Northern Ireland as a potential best of both worlds, which will be to the detriment of Northern Ireland and particularly of those who are going to be transported by human traffickers. That is a danger that we need to see off, and the fact that there has been a considerable increase in the number of victims of human trafficking referred to the NRM from Northern Ireland shows that this is something that human traffickers are alive to.

We all hope to reach a day in this society when the number of victims of human trafficking, in Northern Ireland or elsewhere, is set at zero, but we are living, unfortunately, in a world where this is an increasing crime rather than one that is reducing. The level of resources and support that need to be given to victims potentially coming to Northern Ireland has to act as a support for the victim but has also to act as a virtuous circle, because the greater the level of support and resilience that we can give to those victims, the better chance we have of catching the perpetrators and preventing this in the long run. Therefore, I urge the Committee to support the amendment in my name and that of my noble friend Lord Morrow.

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[Lord Murray of Blidworth (Con)]

My understanding is that the measures are compatible with the Windsor Framework, but I will take that point back to the department and will write to both the noble Lord and the noble Baroness on it.

[Lord Coaker (Lab)]

My Lords, I thank those who contributed to the debate. I will come to the more general point about assistance and support as they relate to Clause 22, but I will first respond to the noble Lords, Lord Weir and Lord Morrow, and my noble friends Lady Bryan and Lady Kennedy. I am not sure about this, so can the Minister go back and check that it is right? From all my reading about devolution, I think that everyone accepts and understands that immigration is a reserved matter. I find it really difficult to understand why, in Scotland and Northern Ireland, the devolved Administrations’ ability to enhance support is not a devolved matter. I do not understand why, if they choose to do more to support a victim of trafficking, they cannot do so. I respectfully ask the Minister to check that that is the case, because I cannot believe it is.

[Lord Murray of Blidworth (Con)]

I will certainly do so.

[Lord Coaker (Lab)]

That would be helpful, looking at the incredulity on the faces of the noble Lords, Lord Morrow and Lord Weir.

[Baroness Kennedy of The Shaws (Lab)]

A year ago, I conducted an inquiry into a horrifying set of events that took place in Glasgow during Covid, involving refugees and asylum seekers. Support was given then by the local authority to the asylum seekers in Glasgow. In addition, there was a migrant helpline, which was pretty hopeless, emanating from the Home Office—it was outsourced—but most of the social work on the ground was done by the local authority.

[Lord Coaker (Lab)]

I thank my noble friend Lady Kennedy for that. Asking the Minister to check this is helpful. It will no doubt be in his notes that it is the case, but, given the experience of devolved matters of noble Lords, it would be helpful for the Committee if that were checked and confirmed one way or the other.