Modern Slavery Act: Independent Review

Victoria Atkins Excerpts

Wednesday 19th June 2019 Westminster Hall

[The Parliamentary Under-Secretary of State for the Home Department (Victoria Atkins)]

It is a pleasure to serve under your chairmanship, Mrs Main, and I am grateful for your invitation to colleagues to intervene on the Minister as much as possible.

I thank the right hon. Member for Birkenhead (Frank Field) for securing this important debate, and for all his work not just in the review—I will thank him and others lavishly for that in a moment—but over the years. We were struck by his recollection of how he was first alerted to the heinous crime of modern slavery, and by the recollections of other hon. Friends and Members around the Chamber. My hon. Friends the Members for Erewash (Maggie Throup) and for Henley (John Howell), and the hon. Member for Rotherham (Sarah Champion) highlighted the various ways that we have all become aware of, alerted to, and are working on efforts to tackle the range of horrendous crimes against humanity that modern slavery involves. Yet again it is a great privilege to take part in a debate in which the tone, I hope, shows the best of this place, with both constructive criticism and the will to work together. I thank all hon. Members and friends for their participation this afternoon.

The Government are committed to the eradication of modern slavery in the United Kingdom and overseas. Our modern slavery legislation is among the best in the world, but we always seek to improve our response. The hon. Member for Gedling (Vernon Coaker) expressed impatience with this place but also with outside, and the hon. Members for Nottingham North (Alex Norris) and for Strangford (Jim Shannon) noted the evolving methodology of slave owners, and the ways they change their criminal behaviour to avoid detection and exploit more vulnerable people, or find opportunities for selling people in a range of ways. That is what modern slavery is about.

[Vernon Coaker]

On the evolving nature of the legislation, will the Minister do all she can to ensure that some of the negative reporting about the way traffickers are starting to use the statutory defence included in the Modern Slavery Act 2015 does not deter us from using it? That important provision protects vulnerable victims.

[Victoria Atkins]

I am grateful to the hon. Gentleman for his question because we have recently seen negative publicity about that issue. We are clear that that defence exists to protect the most vulnerable people in society, particularly children, and we believe that rolling out independent child trafficking advocates—particularly the new forms that we are trying for UK nationals—will help the police and others to understand where that defence applies properly and lawfully.

[Jim Shannon]

The Minister will be aware of the legislative change in Northern Ireland—there was a meeting in the House to make Members aware of it. Has she had a chance to look in detail at the legislation in Northern Ireland? May I say gently—and quickly, Mrs Main—that by looking at it she might find a way of introducing effective legislation here?

[Victoria Atkins]

I am grateful to the hon. Gentleman for that. Later in my speech, I will deal with hon. Members’ observations about prostitution. I am always happy to look at the example set in other parts of the United Kingdom and elsewhere.

The methodology is evolving, and we have an open-handed, open-hearted response to tackle this very serious crime. I was pleased that the right hon. Member for Birkenhead, my right hon. Friend the Member for Basingstoke (Mrs Miller) and Baroness Butler-Sloss accepted the Prime Minister’s invitation to review the Act because we do not want to rest on our laurels. We recognise that as the crimes develop, so too must the law. I want to put on the record my sincere thanks to those three colleagues for all the work they have done on this. It is quite something to see the work they have drawn together, with the help of the commissioner experts—I have written to them all to thank them. They have done extraordinary work, and we are truly grateful to them.

We are considering all the recommendations of the final report very carefully, and we hope to respond to them formally before the summer recess. Colleagues who are impatient will have to understand that the wheels of Government turn slowly, and that is a swift response. We are working very hard indeed to achieve that. We recognise that this is an opportunity, as the hon. Member for Gedling said.

I will touch on the review’s four themes, and I hope hon. Members will understand that I cannot commit to particular recommendations today. I am delighted that Dame Sara Thornton took up the role of Independent Anti-slavery Commissioner on 1 May. Anyone who has met Dame Sara or had the privilege of working with her knows how independently minded she is. I know from my meetings with her how much she is relishing the opportunity to work in this arena, bringing her policing experience with her. I have no doubt that she will bring some huge improvements to the way in which we deal with modern slavery in this country. It is a vital role that offers independent insight and challenges public authorities to ensure the UK’s response remains among the best in the world. We very much welcome the review’s recommendations on how to ensure the role’s independence, and we are working closely with Dame Sara to take them on board.

Last week, the Prime Minister announced the creation of a new Government modern slavery and migration envoy to help advance the Government’s international modern slavery objectives. That is something that colleagues were keen to recommend. My hon. Friend the Member for Henley gave examples from Nigeria, with which we must work closely because we are sadly a destination for a great number of the traffickers from that country. My hon. Friend will know that the Home Office is using the modern slavery fund to tackle modern slavery in key source countries, including Nigeria, where we have committed £5 million to deal with the issue. Through events such as the Santa Marta Group conference, I have met some of the amazing people who work with people—predominantly women—in Nigeria who are at risk of being trafficked or have been trafficked. I am absolutely convinced about the invaluable role that their work plays.

[Vernon Coaker]

This is a difficult question, but I will ask it because the Minister is more sympathetic to this than others in the Home Office. She talks about women from Nigeria who may have been trafficked to this country. If they are confirmed to be victims of trafficking through the national referral mechanism and receive a conclusive grounds decision, what immigration status should they have at the end of that?

--- Later in debate ---

[Victoria Atkins]

I will come on to that when I talk about victim support. The hon. Gentleman understands only too well how complicated this is, so I will try to keep to my themes, and I want to give the right hon. Member for Birkenhead a couple of minutes at the end to sum up.

[Sarah Champion]

The Minister was right to identify this country’s pull factor. She rightly talked about the point that the hon. Member for Henley (John Howell) made about women coming over here and being sexually exploited. Does she acknowledge that the Government must do more to address sexual exploitation in this country, and that a buyers law is the way to do that?

[Victoria Atkins]

I am extremely grateful to the hon. Lady and my right hon. Friend the Member for Basingstoke for setting out the reviewers’ intention to look at prostitution in addition to the report that they have delivered. I welcome that review. I very much understand the points that hon. Members have made today and in previous debates. We have commissioned detailed research into what prostitution looks like in the 20th century, because we all acknowledge that it is different from how it was 20 years ago, particularly given the rise of online sex trafficking and prostitution. We want to wait for that independent research conducted by academics in south Wales, and we hope that they will be able to report this summer. We very much look forward to that, and we will of course review the evidence once it comes in.

The review rightly focused on transparency in supply chains. We are the first country in the world to require large organisations to report on the steps taken to prevent modern slavery in their supply chains. More and more businesses are reporting on their actions to protect vulnerable workers. My hon. Friend the Member for Henley mentioned Unilever, and other colleagues rightly mentioned the Co-op. In my role, I have the privilege of helping the Home Secretary with the business forum, which draws together some of the biggest business leaders not just in this country but in the world, so we can examine what they are doing to ensure their compliance with the Act. As hon. Members said, compliance can give companies a competitive advantage, but only as long as other companies are doing what they should be doing too.

The Home Office wrote to the CEOs of 17,000 businesses in October 2018 and March 2019 to notify them of our intention to undertake an audit of compliance. We are pleased that nearly 4,000 businesses have signed up to our newsletter for further information. This is an area that requires real action. I am therefore very pleased that, last week, the Prime Minister announced that we will develop a central registry for modern slavery statements published under the Act to empower consumers, investors and non-governmental organisations to scrutinise statements and hold businesses to account. I think that is a very significant development, and I was delighted when we managed to get it over the line, not least given our experience of the huge public pressure that the gender pay gap has put on businesses to ensure they treat female staff members properly and correct unfairnesses where they exist.

I am conscious of the work being done by various businesses and organisations, including, as my right hon. Friend the Member for Basingstoke said, the NHS and churches. The Gangmasters and Labour Abuse Authority is also doing a huge amount to educate and hold people to account.

[Mr Paul Sweeney (Glasgow North East) (Lab/Co-op)]

The Minister mentioned the excellent progress that has been made on this front, but it remains the case that 5,000 businesses are not in compliance with section 54 of the Modern Slavery Act. In October 2018, she said that they can expect to face tougher consequences if they continue to flout their obligations. Will she elaborate on what those tougher consequences might be?

[Victoria Atkins]

We will consult on further new measures, including proposals to improve reporting quality, ensure compliance and extend the requirements to the public sector. My hon. Friend the Member for Erewash expressed some dismay at yet another consultation. I regret that when we make big changes, which I hope this consultation will lead to, we have to consult to see what organisations and so on think of them. I believe this consultation will be a real step forward, and I encourage hon. Members to respond to it.

Some 100 local authorities already report, but I am pleased to announce that individual Departments will publish their own modern slavery statements from 2020-21, building on the Prime Minister’s earlier commitment that central Government will report voluntarily this year. We very much accept the observation that we must lead by example, and we will do so.

I turn to independent child trafficking advocates. As was set out, some of the most heartbreaking examples of modern slavery in what is, it has to be said, a pretty competitive field are those of children who are exploited by slave masters. We are committed to providing specialist support for child victims. We have now rolled out ICTAs to one third of local authorities in England and Wales, in line with the commitment I made in July last year. We welcome the findings of the independent review, and we are considering the recommendations on the improvements we can make to the ICTA service. We remain committed to rolling out ICTAs nationally as soon as possible.

On legal application, the Act provided the necessary tools and powers for the police to tackle the offenders responsible for this crime and bring them to justice. I am grateful that the reviewers examined the definition of the offences, the uptake of slavery and trafficking reparation orders, and the use of the statutory defence. We are considering the review’s recommendations with our operational partners and will use the impetus the review has created to build on the recent improvements we have seen in the operational response. We have made good progress, but the review rightly highlights where we need to go further to ensure more offenders are convicted, more gangs are disrupted and more illicit profits are seized and returned to victims.

The hon. Member for Strangford touched on victim support. That technically was not part of the review, but I want to answer his question because it comes up in the context of immigration, which a number of colleagues understandably raised. We absolutely reiterate our commitment to identifying victims of modern slavery and supporting them to recover from their exploitation and begin rebuilding their lives. In 2017 we announced a package of reforms to the national referral mechanism centred on improved identification and support for victims at all stages, and quicker, more certain decision making that victims and wider society can have confidence in.

To improve decision making, we have launched a single expert unit to make all decisions on whether someone is a victim of modern slavery. That single competent authority is responsible for all NRM decisions regardless of an individual’s nationality or immigration status. That is significant because we are absolutely clear that consideration of whether an individual is a victim and any decision about their immigration status must remain separate. We are convinced that that expert unit, and all the safeguards we have put alongside it, will help to improve the quality of decisions.

Importantly, we are also developing a new digital system to make it easier for those on the frontline to identify and refer victims. That system will go live at the end of the summer. That is also significant, because it goes to the point the right hon. Member for Birkenhead rightly made about data collection. We have high hopes that, once that is digitised, the collection of such data will be very much improved.

Modern slavery is an appalling crime that robs people of their freedom and their dignity. It cannot be allowed to continue. We can be proud that the UK is a world leader in tackling modern slavery, and that the Prime Minister set out her expectations not just for the United Kingdom but for the rest of the world in her call to the United Nations for action. We of course acknowledge that we must lead by example, and we will continue to do so. Once again, I thank the right hon. Member for Birkenhead, my right hon. Friend the Member for Basingstoke and Baroness Butler-Sloss, and all their expert commissioners, for their commitment to the review. I look forward to their implementation group and to their holding my feet to the fire.