Calais: Child Refugees

Baroness Hodgson of Abinger Excerpts

Tuesday 13th December 2016 Lords Chamber

[Baroness Williams of Trafford]

I am pleased that the noble Lord, who is so concerned with safeguarding, has raised that question. Those concerns have not been raised with us, although I have seen them in the papers. We have not received specific details of any cases, but we will of course investigate any concerns fully. We are working closely with the LGA and would of course engage with any relevant agencies, should those stories be verified. We would do that in the same way as we would with our own children.

[Baroness Hodgson of Abinger (Con)]

My Lords, are the Government providing any upstream funding to help with the welfare of these children when they come here?

[Baroness Williams of Trafford]

As I think I have said in answer to previous Questions, the Government are certainly providing funding for the children when they come here. Local authorities will receive two bands of funding—for children under the age of 16 and for those between 16 and 17. We are also providing funding for English language learning and funding to local authorities experiencing high levels of immigration in their communities.

Calais and Dunkirk: Refugee Children

Baroness Hodgson of Abinger Excerpts

Tuesday 6th September 2016 Lords Chamber

[Baroness Williams of Trafford]

I thank the noble Lord for bringing that up. Perhaps I can clarify what I said about negotiating with other countries and their laws and, certainly, the welfare interests of the child. While a child is in France, it is under the jurisdiction of France. Of course we work with France—and most children are out of the camps very quickly when they have relatives in the UK. But there are all those issues to consider. Of course, nobody has to stay in the camps. Reception centres have been made available; there are 130 of them for people to go to rather than stay in the camps.

[Baroness Hodgson of Abinger (Con)]

My Lords, I, too, visited the Jungle with my noble friends Lady Jenkin and Lady Morris in July. We saw how desperate the situation is there and met some of the children. Can I press for them to be processed as quickly as possible? They are at risk in these camps. There may be reception centres, but for a child of 10 such as we met it is very hard to get to them. They are at risk all the time. So can the extra official who is going to France please connect with the children in the camp and get those who are entitled to come to the UK here as fast as possible?

[Baroness Williams of Trafford]

I totally agree that no child should be in the camp and that they should be resettled as quickly as possible, but the reception centres will certainly give them some of the support that is needed for their welfare, education and resettlement. British assistance has been commendable throughout that process. We now have a £10 million refugee fund for Europe, for unaccompanied children and for children separated from their families.

Modern Slavery Bill

Baroness Hodgson of Abinger Excerpts

Wednesday 25th February 2015 Lords Chamber

Given this widespread support for the principle of independence from outside and inside the Government, I am arguing for a more robust definition of “independent” than is currently in the Bill. I hope that the Minister will reconsider the wording in Clause 48(2). I commend my amendment to the House.

[Baroness Hodgson of Abinger (Con)]

My Lords, one of the most important aims of the Bill is undoubtedly to better protect children from the scourge of slavery and trafficking. I have welcomed from the outset the enabling provision for specific child trafficking advocates but have also joined other noble Lords in pushing for such advocates to be given greater clout and full independence in working to protect the children they are assigned to. To that end, I am heartened by the Government’s proposed amendments which seek to do this.

At Second Reading I was also clear about the need to assign full and proper legal powers to advocates. Again, I welcome that the power to appoint and instruct legal representation on behalf of the child is now being proposed by the Government in Amendment 61.

I would, however, emphasise the importance of the constructive working relationships between the advocates and other professionals working with the child. It is important that this should be a fundamental part of their roles. I am still a little concerned that there is not enough clarification on the definition of their responsibilities. Perhaps the Minister would comment on this when he responds.

[Baroness Royall of Blaisdon (Lab)]

My Lords, I support the government amendments and Amendment 60, which stands in my name and that of the noble and learned Baroness, Lady Butler-Sloss. At the outset, I, too, pay tribute to the battles, as the noble and learned Baroness put it, fought by her and the noble Lord, Lord McColl, to bring about child trafficking advocates with the appropriate powers. I have always been pleased to support their powerful advocacy.

As noble Lords have said, we are grateful for the Minister’s efforts in securing these important amendments, which significantly strengthen the role of child advocates in the Bill. In Committee, we pushed for changes to be made to Clause 48, and specifically to give advocates the legal powers that they would require in order to carry out their role effectively. This is the purpose of Amendment 60—but, of course, I am delighted to see that the same powers are outlined in government Amendment 61. Alongside the legal powers, we are pleased that government Amendment 72 gives child trafficking advocates the ability to co-operate and work for public authorities. These are important steps in securing the protection of vulnerable children who have been, and are, the victims of the most heinous crimes.

Guardians will be able to effectively and successfully act in a child’s interests only if they have the appropriate powers to instruct solicitors and have access to the required information from public authorities. Evidence from members of the Refugee Children’s Consortium, the Children’s Society and the Refugee Council demonstrates that local authorities have, unfortunately, failed on many occasions to respond adequately to the needs of the trafficked child.

While I give the Minister the warmest thanks for the amendments that he has brought forward today, I am rather disappointed that between Committee and Report we were not given sufficient information on the interim outcomes of the pilots that are being undertaken. I am grateful for the letter sent out by the Minister on Monday evening, but there is not quite enough detail to tell us clearly what needs to be improved, what is working in the current trials and what is not. The trials started in September 2014 and it would have been helpful if, five months on, we could have had more details and information to inform our debate today. So I have a few questions for the noble Lord.

It would be helpful if he could tell us how many children each advocate represents at a time, what services are available to help with any potential language barriers the children may have, and—as the noble Baroness, Lady Howarth, said—what the difference is between the role of the advocate and that of the social worker. Do the trials demonstrate that there is a clear enough definition between those two very specific roles? Have any areas been identified thus far where more work needs to be done or where there are potential problems? I wonder, for example, why there has been a slower rate of uptake than may have been expected.

With that, I say again that I am very grateful to the Minister for all that he has done on these issues, and I look forward to his response.

--- Later in debate ---

[The Earl of Sandwich (CB)]

My Lords, when the noble Baroness, Lady Hanham, was speaking, I began to feel a little sympathy for the Minister and could not think how he would be able to respond. He has now had some comfort from my noble and learned friend Lady Butler-Sloss, but it does not take away from the necessity for the amendment.

The Minister will remember that I spoke with some passion at Second Reading and in Committee, and then more recently when he kindly agree to speak to us with his officials. He will already know the strength of feeling among the NGOs, which my noble friend Lord Hylton mentioned—notably Kalayaan and Human Rights Watch. I pay tribute again to my noble friend for the long time that he has been working on this amendment. It is more than 20 years and I have been there for most of that time. I have long advocated this cause during successive Bills. I of course recognise the asylum concerns that face every Government, but this is not a relevant factor. As the noble Baroness, Lady Royall, pointed out, it is a different situation, a special situation, that does not concern very many people.

The Home Office aggravated the problem by introducing the single employer visa, which in some cases at least ensures that slavery becomes a permanent affliction. That means that it is moving in the opposite direction from this Bill, which it has itself introduced. Two Select Committees have deplored it, yet here we are again, unconvinced that anything has changed. Of course, we have to welcome the Minister’s commitment and the Government’s latest offer of the review—I hope that my noble and learned friend Lady Butler-Sloss is right that the review will produce some more truths—but we have a lot of evidence already from the NGOs and from a Joint Committee, so I fail to see why we should wait for that.

The only really new item on the agenda is my noble friend’s amendment, which I hope as many noble Lords as possible will support. Does the Minister feel that this country is fulfilling all its obligations under the European convention? We would be grateful for some update on that.

[Baroness Hodgson of Abinger]

My Lords, it is clear that protection from slavery for overseas workers is an enormously important issue, and I am sure that we all mind very much about what happens to them.

However, it would appear that opinions differ on how to tackle this. While some claim that tying the employee to the employer who brings them into the country leads to abuse, I understand that others who have looked into this matter are not necessarily of that opinion. It is important that, before putting anything into legislation, we try to understand the best way to deal with this.

As we have heard, the Home Secretary has announced an independent review, which will examine all the facts around this issue carefully. In particular, it is important that it looks at the effects of the terms of the visa. I understand that the review will look also at how effective are the protection and support for overseas workers who are victims and, as we have heard, that it will report by the end of July this year. I therefore support the views expressed by the noble and learned Baroness, Lady Butler-Sloss.

Meanwhile, I understand that steps are being taken that will help with the protection of workers, including a package of support. Therefore, this issue will definitely not be forgotten and will be given the attention that it rightfully deserves after the review has reported. However, I think that it will be much better dealt with when we have all the information to hand and should not be put into this legislation. While I have enormous sympathy with the reasons behind the tabling of the amendment, I cannot support it.

[Lord Young of Norwood Green (Lab)]

My Lords, I support the amendment. I think that anybody who heard the recent Radio 4 programme and listened to the first-person testimony of people who are in this situation could not fail to be moved by it. A question was raised during the programme where the Government were invited to answer why they had not signed convention 189 on decent work for domestic workers. Not every country has signed it—I would not attempt to mislead the House on that—but it is interesting that countries such as Finland, Ireland and Germany have done so. I fail to understand why we should not be in that progressive group. I share the view of those who have said that there is a lacuna in the legislation which the amendment fills. I will be interested to hear the Minister’s response.

Modern Slavery Bill

Baroness Hodgson of Abinger Excerpts

Monday 23rd February 2015 Lords Chamber

[Baroness Howe of Idlicote (CB)]

My Lords, I rise very thankfully to support Amendment 37 in particular, which aims to include the “assistance and support” provided to victims among the subjects for the commissioner’s attention. As I said in Committee, it is essential that the commissioner engages with victims. I know that Clause 41(1)(b) includes victim identification in the commissioner’s remit but I believe that he should take a leading role in promoting high standards in victim care as well as in law enforcement activities. Like others, I was heartened by the obvious concern for victims demonstrated by Mr Hyland, the commissioner-designate, during our meeting. I thank the Minister and the noble Baroness for arranging that meeting, as I believe that it has given many of us greater confidence in our new commissioner.

Supporting victims must be among our highest priorities when addressing modern slavery. As has been said before and was echoed by the commissioner in his presentation to Peers, we will never be able to gain a full picture of the extent of this crime if victims do not feel confident in coming forward. We will not achieve an increase in successful prosecutions if we do not ensure that victims have the necessary support and assistance to put them in a position physically and psychologically to engage with police investigations.

Reaching and maintaining high standards in victim care is a fundamental part of achieving the objectives set for the commissioner in the Bill to strengthen law enforcement efforts and improve identification of victims. Ensuring high-quality victim care is something that interacts with promoting good practice in prevention, detection and prosecution of those crimes, and in identifying victims. Thankfully, it seems that the commissioner-designate is keenly aware of this as he has made it one of his key priorities.

While I say that victim care intersects with the other functions, I am not sure that it should be properly viewed as implicit in those functions as the Bill is before us today. I am therefore pleased to welcome Amendment 37 in particular, and all the amendments in the name of the Minister, which make that connection explicit and give express permission for the commissioner to consider these matters.

[Baroness Hodgson of Abinger (Con)]

My Lords, as many of us have made clear through the progress of the Bill, if the true impact of establishing an anti-slavery commissioner is to be realised, we must not shy away from awarding him the powers and autonomy he will need to make this role truly effective. I therefore congratulate the Government on these amendments. The role of the commissioner may include the provision of assistance and support to victims of slavery and human trafficking offences. I am heartened by the progress that has been made thus far in strengthening the commissioner’s remit.

We still have some way to go in providing the level of consistent and comprehensive support that victims truly need but I believe that the anti-slavery commissioner will now, through these amendments, be better placed to address this. I, too, had the pleasure of meeting Mr Hyland two weeks ago and I was most impressed by his approach and what he had to say. I am delighted to support these amendments, especially Amendment 37.

Modern Slavery Bill

Baroness Hodgson of Abinger Excerpts

Monday 8th December 2014 Lords Chamber

[Lord Browne of Belmont (DUP)]

My Lords, I have just a few remarks to make on Amendment 67AA, tabled by the noble Lord, Lord Rosser, and the noble Baroness, Lady Royall. These amendments all seek to remove the restrictions placed on the commissioner in respect of the ad hoc reports that he may write. As has been said before in this House, the independence of the commissioner is key to his effectiveness and his credibility among civil society and with colleagues in similar roles in other countries. The ability to report on any pertinent matter as the commissioner sees fit is a vital part of building that independence.

I wish to highlight one aspect of the restrictions that particularly concerns me. Changes were made to the definition of a “permitted matter” on which the commissioner could make ad hoc reports in order to allow the commissioner’s work to be extended to Northern Ireland and to Scotland, with devolved Ministers having a significant role in relation to the commissioner’s work alongside the Home Secretary. I welcome the inclusion of these references to the devolved Ministers as I believe it will make a contribution towards the separation of the commissioner from government priorities. However, in making this change, the ability of the commissioner to make reports on his own initiative has been further restricted, and that concerns me greatly.

In the Bill that was introduced to Parliament in June, a “permitted matter” under this clause was defined as a matter on which the Secretary of State had authorised the commissioner to report, or which was contained in the commissioner’s current strategic plan and therefore previously approved by the Secretary of State under the mechanism for approving those plans; whereas we now see that Clause 41(4)(a) states that a,

“‘permitted matter’ means a matter which—

(a) the Secretary of State”,

or the devolved Ministers,

“have asked the Commissioner to report on”,

or a matter in the pre-approved strategic plan.

In adding these references to the devolved Ministers, “authorised” has become “asked”. No longer can the commissioner initiate an idea for a report outside of the strategic plan and seek the authorisation of the relevant Minister to make the report—and one might consider even that to be rather restrictive. Under the present clause, the commissioner can report matters that are not included in his plan only if the Home Secretary or the devolved Ministers ask him to make such a report. In my opinion, it would have been possible to amend the text of the Bill to include references to the devolved Ministers without further narrowing the commissioner’s capacity to initiate reports. I believe that this additional restriction is most unfortunate and I would urge the Minister to look again at this part of the clause.

[Baroness Hodgson of Abinger (Con)]

My Lords, we all recognise that the work and functions of the commissioner are of paramount importance to make the role effective. Because victims are often trafficked from other countries, I support the view that surely it is important that the commissioner is able to work and co-operate with people and bodies abroad, as suggested by the noble Baroness, Lady Cox, in her Amendment 67.

Amendment 68, tabled by the noble Lord, Lord Warner, talks about,

“engaging with international commissioners or equivalent persons”.

The sharing of best practice and the findings of similar bodies in other countries would be of mutual benefit in trying to stop this heinous practice. At Second Reading I spoke about the role of the commissioner in providing a central resource to gather data and information, to monitor trends, and the impact of policies and legislation. Working with people in other countries would greatly facilitate that work. Amendments 72 and 73, tabled by the noble Baroness, Lady Cox, would include the involvement of our embassies and high commissions. That would have the effect of ensuring that they are aware of what is going on in the countries they serve in and guarantee that modern slavery is on their radar.

Widening the remit of the annual report in Amendment 74 would mean that what is happening in the UK is set in a global context. That is because bringing trafficking and slavery to an end cannot be done by one country alone. We are thus going to have to work closely with other countries and we need to monitor and understand what is happening across the world so that abolition can really be tackled. I look forward to hearing from my noble friend the Minister about this.

One of the criticisms made of the Bill at Second Reading was that it is focused too much on targeting traffickers and not enough on helping victims. It is terribly important that victims who have suffered so much are supported in the best way possible, as has already been mentioned by the noble Lord, Lord Patel, and others. Victims of trafficking are surely special cases. By the fact that they are trafficked, these victims often have no home in this country and are in a foreign land, and perhaps they do not even speak the language. They probably have no money and only the clothes they stand up in. They need special support and assistance if we are to ensure that, having been freed, they have choices about how to move forward in their lives. If the anti-slavery commissioner is not focused on the support of victims, I believe that a strong and special mechanism must be put in place for that. I hope that my noble friend will give further consideration to this aspect so that we can ensure that those who have fallen victim to being enslaved have the best chance of putting their lives together again in the future.

[Baroness Kennedy of Cradley (Lab)]

My Lords, I rise to speak in support of Amendments 72, 73 and 74 in the name of the noble Baroness, Lady Cox. Her amendments rightly seek to ensure that the Bill has an international remit by providing that our diplomatic missions across the world have a duty to engage with foreign Governments and international NGOs on human trafficking and slavery, that the anti-slavery commissioner has a duty to receive those reports and learn from and act upon them, and that through the annual plan, Parliament can debate them. Having each embassy and high commission produce an annual report on government action to fight slavery and trafficking would mean that there will be more thorough research into slavery across the world. It will mean greater dialogue with a wide variety of world government officials, NGOs, journalists, academics and survivors. It will mean that the issue of slavery and trafficking will rise up the world’s political agenda.

Through these annual reports, the UK will be fulfilling an important global leadership role. Involving embassies and high commissions in preparing annual reports about trafficking and slavery in its areas of operation is not new. The US has been doing it for the past 14 years —since 2001 it has produced a Trafficking in Persons Report—and the UK should do the same. I ask the Minister why the UK cannot do the same. The more information we collate and share across the world, the better our national and international responses will be. Having official reports on an annual basis which set out the scale of the problem in each country, the forces that lead to the slavery, the conditions that need to change to fight the slavery and what works best to tackle the root causes of slavery, protect the victims and prevent it from happening in the first place, will lead to the global solutions we need to eradicate this global problem. There is much we can learn from around the world.

Although I welcome the notes in the Modern Slavery Strategy that modern slavery will be included in the country’s annual plan, those embassies target only a small number of countries. If we can increase embassy engagement throughout a wider group of countries we can learn much more. For example, a pilot project conducted in the Netherlands offers specialised assistance and shelter to male trafficking victims. There is also a partnership with the Government of Norway whereby caseworkers in the field are using mobile technologies in Uganda to collect information about the protection needs of young trafficked children. In Austria, youth public awareness campaigns about local trafficking are taking place through school exhibitions and the provision of resources for teachers.

In this way, the annual reports would play a key role in shaping the debate and have a positive contribution to our ongoing dialogue here in the UK. As well as being a valuable source of information, these reports would also prove very useful for NGOs and civil society. They would serve as an additional tool for advocacy and a benchmark for evaluation. They would allow NGOs and others to build stronger relationships with high-level policymakers across the world. The reports would also, I hope, allow us to hear more clearly the international voices of survivors. There is much that we can learn from survivors. They know better than anyone what Governments need to do to identify and protect those who are enslaved and to bring to justice those who are responsible.

Finally, one particular feature of the US Trafficking in Persons Report which I think we should replicate here is the annual recognition that it gives to individuals around the world who have devoted their lives to fighting human trafficking. This year, among others, they honour a former orphan from the Democratic Republic of the Congo who has spent his life providing support for vulnerable children; a leader of 75 front-line anti-trafficking workers in northern India; a director of a centre for victims in South Korea; and the first trafficked victim in Peru to face her traffickers in court. These are inspirational people working day in, day out to fight slavery and trafficking, deserving of international recognition but not wanting it. For them, having British embassies and, through them, the British Government take an active interest in their work, listen to their survivor stories and learn from their work, are recognition enough. We should give it to them. I therefore hope that the Government will support the amendment in the name of the noble Baroness, Lady Cox.

--- Later in debate ---

Amendment 86H gives us the crucial opportunity to define the powers and functions that a child advocate should have. I, too, commend it to the House for its strengthening of the independent nature of the advocate and for setting out clearly the functions that are expected of an advocate, based on international guidelines.

[Baroness Hodgson of Abinger]

My Lords, trying to give protection to trafficked children is such an important part of this Bill. I add my congratulations to my noble friend Lord McColl on his excellent Amendment 86H, which would do much to help trafficked children. There are many excellent additions, and I shall touch on some that I consider particularly important.

I agree with the noble Baroness, Lady Kennedy, that it is very important that the advocate is appointed as soon as possible; the sooner that they can start getting to know the child and gaining their trust, the more effective they will be. I support the advocate having powers to appoint and instruct legal representation, as that will ensure that the child’s outcome is best protected.

With reference to establishing contact with the child’s family where the child so wishes and it is in the child’s best interests, I wonder who in this instance judges what is in the child’s best interest. I suspect that most children who are trafficked are probably old enough to have a view on what they want, and it is incredibly important that they are listened to and weight given to those views.

With reference to the appointment of the advocate coming to an end when a child reaches 21, although that is technically adulthood it is still a very young age to be left on your own, perhaps in a strange country and away from any family, not being proficient in English and having gone through all the desperate trauma of being trafficked. Perhaps in this regard the wishes of the child could be considered as to whether they would like some further support from the advocate or to be given a mentor until the time when they feel they can cope on their own.

With regard to a durable situation being found for the child, children need to be returned to their homes wherever possible. I was very moved by the statistic that 60% of the trafficked children put into care abscond and often fall back into the hands of their traffickers. This means that often they are very unhappy being put into care. As we know that generally the outcomes for children in care are very low, returning children to their families wherever possible is surely the right thing to do.

[Lord Browne of Belmont]

My Lords, I am pleased to speak in support of Amendment 86H in the name of the noble Lord, Lord McColl, the noble and learned Baroness, Lady Butler-Sloss, and the noble Baroness, Lady Royall. I am sure that other Members of this House will want to thank the noble Lord and the noble and learned Baroness for their persistence and perseverance in repeatedly bringing the need for a child advocate for trafficked children before this House.

As we look today at Clause 47 of this Bill, which in some ways makes provision for child trafficking advocates, I am sure we can agree that we have come a long way on this subject from 2011. I am aware that the Government seek to justify the rather weak nature of the clause on the basis that they want to wait for the conclusion of the advocate trials before providing more detail. In some ways I think this argument stands up to scrutiny but in others I have to say that I find it wanting. No doubt important things will be learnt from the trials that will inform practical questions regarding matters such as implementation, but I do not accept that that should be used as a reason for not providing a clear and up-front statutory definition of the role of the advocate. It seems odd that we should sign up to the name “child trafficking advocate” in the Bill without signing up to a proper definition of the role.

There are at least two major problems. First, in terms of the basic definition of a child trafficking advocate, the definition is set out in numerous international best practice documents and confirmed by our own experience. The Still at Risk report, for example, recommends that an independent trusted adult should be appointed as soon a trafficked child comes to that authority’s attention. Amendment 86H makes it clear that this should happen. The Still at Risk report also says that that person,

“would ensure that all potential victims of trafficking are able to understand their rights, ensure that their voice is heard in decisions that affect them and are supported effectively through the different legal processes they are engaged in”.

I am very supportive of the principle of setting out the functions of the advocate in the Bill, as exemplified in Amendment 86H.

It is significant that this same definition and approach are also reflected in all the relevant international best practice documents developed by the EU, UNICEF and the UN. For example, the UNICEF guidance states:

“The role of a guardian is to be an advocate for the child in a wide range of discussions and decisions about what should happen to the child, in particular to ensure that the decision-making process primarily considers the best interests of the child. The role is also to be a link between the child and the various agencies the child comes into contact with, to ensure the child is kept informed of any relevant developments with respect to him or her, and to accompany the child in a physical way, in particular when she or he is moved between various places”.

It is also essential that the role of the advocate should be recognised by other public authorities, otherwise, as the noble Lord, Lord Henley, said just over three years ago,

“it risks creating confusion for children if plans for their care are not effectively co-ordinated”.—[Official Report, 25/11/11; col. 1282.]

The second reason for my belief that this is not a strong enough clause as it stands is observing the debate on guardians that has occurred over the past few months in Northern Ireland, which the noble Lord, Lord McColl, has referred to. Noble Lords may be aware that the noble Lord, Lord Morrow, has introduced a Bill on human trafficking to the Northern Ireland Assembly. He is sadly not able to give his own wisdom to the House today, as he is in Northern Ireland speaking on other matters on human trafficking before the Assembly. The key point is that, in another part of the United Kingdom, a clearly independent adult will be appointed to a child who has been or who is about to be referred to the NRM or to a separated child. That adult, an independent guardian, will be trained, qualified and supported in that role and the functions are set out in statute in Clause 21 of the Northern Ireland Bill, which will very soon now become law. That person needs to ascertain and communicate the views of the child, represent them, and liaise with other organisations involved in their care and making decisions in relation to the child—for instance, a court or tribunal. They will assist the child to obtain legal advice, keep the child informed about relevant proceedings, contribute to a plan for the long-term welfare based on an individual assessment of the child’s best interests, accompany them as necessary, and work to establish contact with the child’s family where it is in their best interests.

Interestingly, the Department of Health, Social Services and Public Safety may add to their functions as necessary by order so that if new functions arise they can be added. I suggest that this freedom to adjust provides a crucial model for the United Kingdom Government given that, on the one hand, it is simply not credible to include a child trafficking advocate provision in the Bill without a proper definition—especially when, thanks to domestic and international best practice, the definition is clear—yet, on the other hand, adjustment may be desirable in the light of the experience of the trials. It provides a mechanism whereby we could give child trafficking advocates a proper definition but not remove scope for that definition to be amended, although I stress that I think the real usefulness of the trials will pertain to practical matters of implementation rather than that of definitions. If I were to add anything to Amendment 86H, it would be the power to make such additions to the list of the advocates’ functions.

The other thing I should note about the Northern Ireland definition, like that of proposed new subsection (8) in Amendment 86H, is that it makes plain that other persons or bodies providing services or taking decisions about the child have to recognise the role of the guardian and provide the guardian with relevant information so as to allow the guardian to carry out their role effectively. In contrast, Clause 47(4) only enables the Home Secretary to issue regulations to this effect if she so wishes. It seems to me that the provision of child trafficking guardians in Northern Ireland goes much further than the current proposals in Clause 47. The reason we are rightly concerned to help victims of trafficking is because they are, without doubt, among the most vulnerable people in our society and that vulnerability is greatest when dealing with children.

Given their greater vulnerability, it seems very odd that the Government should have included such a weak clause in the Bill. While I am happy to celebrate that Northern Ireland will provide the best protection for child victims in the whole of the United Kingdom, it pains me to consider the many trafficked children in England and Wales who will not benefit from this greater protection. I am not satisfied with this, and I very much hope the Government will not settle for such an inequality. The good news is that Amendment 86H closes the gap. I very much hope that the Minister will accept it.

Modern Slavery Bill

Baroness Hodgson of Abinger Excerpts

Monday 17th November 2014 Lords Chamber

[Baroness Hodgson of Abinger (Con)]

My Lords, other noble Lords have already referred to William Wilberforce; 181 years after his death it is utterly horrifying that slavery continues to exist. As he once said:

“You may choose to look the other way but you can never say again that you did not know”.

I am pleased to add my voice to the many others welcoming this Bill on modern slavery, and I commend the Home Secretary and the Government for bringing it forward. It is a hugely positive and important step in trying to combat this horrendous crime. I also pay tribute to the many campaigners and organisations that work and campaign so tirelessly in this area.

Modern slavery is indeed a most heinous practice, inflicting immense suffering and misery. As the director of UN Women, Phumzile Mlambo-Ngcuka, says:

“Trafficking in persons is a grave human rights violation and a serious crime”.

As we have already heard, while accurate statistics are unknown, the National Crime Agency recently estimated that nearly 3,000 people were trafficked for exploitation in the UK last year—a 22% increase on 2012. Meanwhile, the conviction rate of traffickers is astonishingly low. I am told that only eight were convicted in 2011, 12 in 2012, and 19 last year. Perhaps the Minister can confirm whether those figures are accurate.

As has already been discussed, people are being trafficked here for a variety of reasons, from forced labour and domestic servitude to sexual exploitation and forced marriage. I agree with other noble Lords that, as vital as it is to apprehend and prosecute the traffickers, it is of equal importance that we support the victims and help them restore their lives; one cannot begin to imagine what these people have suffered. I hope that the Bill, when finalised, will robustly address both these approaches.

The charity Eaves, which works to address exploitation of women, states that very few victims of trafficking are willing to get involved in prosecuting their traffickers due to threats to themselves or their family back home if they talk to the police, as we already heard from the noble Baroness, Lady Kennedy. I hope that this House can look further at ways in which support can be given to victims to address that, because traffickers need to be brought to justice.

Victims of trafficking often face what can be described as a double trauma—being enslaved; and, upon release or escape, finding themselves prosecuted for crimes that their traffickers forced them to commit or that they committed in an attempt to escape. I emphasise my support for the measures in Part 5 which provide a statutory defence for victims of slavery and trafficking. It is important that the level of evidence must not be too burdensome on the trafficked victim, who may well find being interrogated by the police intimidating, only adding to their trauma. A general principle of non-prosecution of victims except in extreme circumstances might be considered.

As other noble Lords have mentioned, in the wider sense I would like to see the Bill go further in making support provisions for victims. The current model of assistance, which has already been referred to, through the national referral mechanism, provides only 45 days of shelter and legal and medical assistance. After that time they must leave and are in effect abandoned. What happens to them then? They are all alone in a strange country, maybe not speaking the language and without any money. I was recently told by the Human Trafficking Foundation of widespread suspicions that they often have to fall back on the original perpetrator through lack of other support. Assets recovered can perhaps be deployed towards compensating and helping those victims. We simply must do more to help those people rebuild their lives and return home if they want to.

As was already discussed, the establishment of an anti-slavery commissioner will be absolutely pivotal, and it is extremely important that he can oversee and cohesively draw together the work of the various agencies—the police, border officials, health workers, local authorities, third-sector organisations and others—involved in preventing and penalising slavery. I agree that this will lead to a more efficient and effective system, which will ultimately result in increased numbers of prosecutions. I also support the view that this role creates an opportunity to provide better support and protection to victims. The office can provide a central resource for best practice, as well as gather data and information, monitor trends and the impact of policies and legislation, and develop protocols on dealing with victims. It must also ensure that UK measures against trafficking comply and co-ordinate effectively with those already in place in Europe and internationally, including CEDAW and UN conventions.

Without doubt, prostitution is one of the main drivers of women and girls being trafficked. While the Bill does not deal with the laws on prostitution—rightly—I very much hope that the commissioner will make a thorough review of those. It is considered important that this commissioner is independent, but can that truly be the case if that role sits in the Home Office as well as being appointed by and accountable to the Home Secretary? One can look at similar roles in other countries. I understand that the Joint Committee that looked at the draft Bill took evidence from the Dutch national rapporteur on trafficking in human beings, who emphasised that her role’s long-term success lay in its statutory independence, and there is a similar situation in Finland. I hope that that aspect will be examined again as the Bill passes through your Lordships’ House; the Minister could comment on that.

Much has already been said about children, but it is utterly shocking that some victims of trafficking are children. As has already been identified, it is particularly important that the Bill works to protect them. The introduction of child trafficking advocates will, I hope, provide child victims with better safety and support. As we have already heard, there has been a significant increase in the number of children involved in trafficking in recent years; apparently at least 10 children are trafficked every week in the UK. It must be such a terrifying experience for a child, and we must ensure that they are always treated as victims and not perpetrators.

UNICEF told me the story of a girl named Katja. Katja was trafficked into the UK as a teenager and was forced to work on a cannabis farm. When found, she was taken into custody and then into care. She soon escaped, disappearing back into the hands of her traffickers. She was then sexually exploited and became pregnant. She was found again in hospital, alone and unable to deal with the pregnancy.

Katja’s story is frighteningly common. Over 60% of trafficked children taken into care go missing. Most fall back into this life of exploitation and abuse through desperation and lack of support. Children such as Katja need somebody whom they can trust and who will keep them safe and make sure that they get the support they need.

It is crucial that these advocates are able to act in the child’s best interests, and I welcomed the recent government amendment to that effect. It is also widely felt that these advocates must be wholly independent and, as the noble Earl, Lord Listowel, said, that they must have significant authority in their supervision of the child, including legal powers, as is the case in the Netherlands. This will provide appropriate support, especially in criminal proceedings, where they can instruct solicitors on the child’s behalf, thus ensuring the child’s best defence in court. And surely child trafficking should always carry particularly heavy sentences.

Above all, wherever possible, we need to help these children return to their homes. Life in care is not a satisfactory outcome, as demonstrated by the fact that so many children want to escape.

I think we all recognise how complex a problem modern slavery and trafficking is. This Bill will go a long way in helping law enforcers to target traffickers but it can go further to improve support and protection for victims. As others have already said, this must be a world-class Bill.

Longer-term education and awareness-raising are also crucial, and we must continue to work with businesses and other countries to tackle the problem at its source. This includes understanding the factors that increase people’s vulnerability to trafficking and, in particular, the specific needs of women and children.

I conclude by quoting again the UN Women executive director, Phumzile Mlambo-Ngcuka, speaking on the first World Day against Trafficking in Persons:

“We must redouble our efforts to stamp out trafficking in persons, to return hope to those who have suffered this injustice and to build a future where these crimes no longer threaten any person, anywhere”.