Police, Crime, Sentencing and Courts Bill

Lord McColl of Dulwich Excerpts

Lords Hansard - part two & Committee stage
Monday 22nd November 2021 Lords Chamber

Moved by

[Lord McColl of Dulwich]

292F: After Clause 170, insert the following new Clause—
“Modern slavery through control of another's property
In Section 1 of the Modern Slavery Act 2015 (Slavery, servitude and forced or compulsory labour) after subsection (1)(b) insert—“or(c) the person occupies or exercises some substantial control over another’s home in connection with the commission of another criminal offence and the person knows or ought to know that the other person—(i) has not given consent,(ii) is unable to give free and informed consent, or(iii) has withdrawn consent.””Member’s explanatory statement
This new Clause would make exploitation through exercise of control over another person’s property without their consent an offence under Section 1 of the Modern Slavery Act.

[Lord McColl of Dulwich (Con)]

My Lords, over the six years since the Modern Slavery Act was passed, we have seen the criminals involved in modern slavery continuing to find new ways to exploit others for their own advantage. In particular, we have seen the rise in criminal exploitation of children and vulnerable adults in county lines drug dealing. Amendment 292F seeks to address the phenomenon of cuckooing, which is an example of criminal exploitation that has recently grown in prominence.

Cuckooing is the evocative name given to a situation whereby criminals take over a person’s home against their wishes and use the property to facilitate criminal activity. Most commonly, this occurs where drug dealers take over the victim’s home and use the premises to store, prepare and distribute drugs. Your Lordships may be unfamiliar with this issue, but just last month there was a national police week of action on county lines drug dealing during which the National Police Chiefs’ Council reported that 894 cuckooed properties were visited in just one week.

This is a crime affecting hundreds if not thousands of people. Victims of cuckooing are often quite vulnerable people, perhaps people with learning disabilities or mental or physical health challenges, survivors of abuse or people living with addiction. Their vulnerability is exploited by the criminals, who take advantage of them to control their home. None of us could accept that indignity, insecurity and wrongful intrusion into that most precious space, one’s home. That is what the victims endure.

It is important that the Government are tough on this area of crime. As David Cameron said in 2010, burglars

“leave their human rights at the door.”

An Englishman’s home is his castle, and if the law cannot protect him there, then who can?

Victims are targeted by criminal gangs and have their homes taken over for prolonged periods by sometimes dangerous people, putting them at significant risk of harm. One such victim was Anne. Anne had had a difficult upbringing and suffered many abusive relationships. After leaving an abusive marriage, she became a victim of cuckooing when she was given local authority housing in an area where there were many drug dealers. Due to alcohol and drugs, Anne’s physical and mental health deteriorated quickly. When the police entered her home they found a perpetrator, who was just 21 years old, lying on a sofa. He was in possession of drugs, weapons and some cash that the police found in the flat. Anne was in a very bad state but she saw the perpetrator as her protector who was keeping trouble out of the door, yet he himself punched and assaulted Anne, threatening her on multiple occasions. He told her to go to the streets to supply other dealers but she was not getting any money, just some drugs.

This is clearly a form of modern slavery. The victim’s home is taken over without their consent, and they are vulnerable and powerless to prevent it in the face of dangerous criminal gangs. Like Anne, victims are often physically and emotionally abused. Although police and prosecutors are aware of this phenomenon and determined to target the criminals, it seems that the law may not offer them adequate tools for the job. Cuckooing does not meet the definition of the human trafficking offence in Section 2 of the Modern Slavery Act because there is no travel involved. According to the CPS, however, neither does it fall within the definition of slavery, servitude or forced or compulsory labour under Section 1 of that Act unless the criminals demand labour or service from the victims in addition to occupying their home.

While it may be possible to prosecute these criminals for other offences, such as drug crimes, we cannot be satisfied with a situation that does not reflect the exploitation of a person at the heart of the offence. We must hold criminals to account for the harm done to victims of this exploitation and offer victims hope for a future free from this kind of control. There is a clear public interest in protecting the right of every person to their private and family life without having their home taken over against their will.

--- Later in debate ---

[Lord Sharpe of Epsom (Con)]

I am sorry to disappoint the noble Lord.

I am grateful to my noble friend Lord McColl for introducing this amendment which seeks to provide for a bespoke criminal offence to tackle what is known, as he pointed out, by the evocative name of “cuckooing”. I assure noble Lords that this Government take all forms of exploitation seriously and we are determined to tackle it. I fully sympathise with the intentions behind this amendment, as we recognise that these unscrupulous exploiters often target the most vulnerable in our society to control their homes and, as my noble friend argued most powerfully, against their will to perpetrate a range of crime types. This practice is often associated with drug dealing, which is a feature of county lines offending, but also encompasses other forms of exploitation types such as sex work, which not only devastates the lives of the victim but impacts the local community in which they live.

While I support the sentiments behind this amendment, we remain to be persuaded that a new offence is needed. There are existing powers that can be and are being used to disrupt cuckooing, including the use of civil preventive orders, such as closure orders and criminal behaviour orders, breach of which is a criminal offence. As to the criminal law, there are offences under the Misuse of Drugs Act 1971 which may be charged, specifically those under Section 4 relating to the supply of controlled drugs and under Section 8 relating to the occupier of premises knowingly permitting the production or supply of drugs from their property. The offence of participating in the activities of an organised crime group in Section 45 of the Serious Crime Act 2015 may also be relevant. That said, this is an area of the criminal law which we continue to examine.

Moreover, I am sure my noble friend would agree that were there to be a new offence, Section 1 of the Modern Slavery Act is not the proper place for it. That section deals with offences where a person exercises control over another person to hold them in slavery or servitude, or requires them to perform forced or compulsory labour. The focus is on controlling another person and not their property or belongings. Having said all that, we recognise the seriousness of this phenomenon, and we will continue to look into it and support law enforcement partners in their efforts to tackle this malicious crime. In the light of this assurance, I hope my noble friend will be content to withdraw his amendment.

[Lord McColl of Dulwich (Con)]

I thank the Minister for his reply and the noble Lord, Lord Coaker, for being so supportive. The problem is that this is falling between two stools, and I do not quite understand how the present law is going to be used to deal with this problem. I would like some explanation; perhaps the Minister could write to me explaining exactly how the present law can and should be used. Meanwhile, I beg leave to withdraw my amendment.

Amendment 292F withdrawn.

Domestic Abuse Bill

Lord McColl of Dulwich Excerpts

Report stage
Wednesday 17th March 2021 Lords Chamber

[The Deputy Speaker (Baroness Watkins of Tavistock) (CB)]

My Lords, I have received requests to ask a short question from the noble Lord, Lord McColl of Dulwich, and the noble Lord, Lord Morrow. I call the noble Lord, Lord McColl of Dulwich, to ask a short question for elucidation.

[Lord McColl of Dulwich (Con) [V]]

The Minister has continued to suggest that it will take a long time to implement Part 3. Why would that be the case if the Government used the BBFC as the regulator, as everything is in order in that regard, save the need to formally redesignate it, which Section 17 of the Digital Economy Act defines as needing only 40 days?

[Lord Parkinson of Whitley Bay (Con)]

My Lords, I hope that my noble friend in her letter, and I in my contribution, explained the reasons why we think it would take so long, because it has been de-designated. As the noble Lord will know, work is already going on in relation to Ofcom in preparation for the online safety Bill which, for the reasons I have outlined, we think better addresses the concerns that he and other noble Lords have raised in this debate.

Domestic Abuse Bill

Lord McColl of Dulwich Excerpts

Report stage & Lords Hansard
Monday 8th March 2021 Lords Chamber

[The Deputy Speaker (Lord Haskel) (Lab)]

The noble Baroness, Lady Eaton, has withdrawn, so I call the noble Lord, Lord McColl.

[Lord McColl of Dulwich (Con) [V]]

My Lords, I will speak to Amendments 7, 8, 9, 78 and 90, which I support. Naming babies and the unborn in the Bill should lead parents to get the help that they need at a crucial time; otherwise they are in danger of remaining invisible when it comes to public policy. In the lockdown, as has been said, the hidden harms experienced by those under two years were sadly extensive. It should be stated that the definition of children does not recognise the unborn as victims. The amendment to Clause 3 is necessary to have in the Bill that a victim of domestic abuse includes a child who experiences the effects of the abuse, including in utero exposure, as there is good evidence for this latter harm, as the noble Baroness, Lady Stroud, mentioned. The amendment to Clause 7 is important to stipulate comprehensively the duties of the commissioner to avoid any doubt whatever. The new clause after Clause 72 is required to ensure provision for all expectant parents and parents of children under two years where those children are victims of domestic abuse.

[Baroness Watkins of Tavistock (CB) [V]]

My Lords, I thank the noble Baroness, Lady Stroud, for leading on these amendments, with the aim of highlighting the impact of domestic abuse on babies, including exposure in utero, and to meet the needs of babies and parents in the first 1,001 days before babies reach the age of two. We know that domestic abuse often starts or escalates during or soon after pregnancy and that it is correlated with other risk factors for babies and their families. Domestic abuse during pregnancy is associated with poor obstetric outcomes and is a strong risk factor for ante-natal and post-natal depression. We now know that a mother’s emotional state can have a direct influence on foetal development. I remember being shocked the first time that I saw the brain scans of such children, only visible to us as researchers in the last 20 years. The ongoing stress of domestic abuse can disrupt babies’ neurodevelopment, which in turn can adversely affect behaviours and emotional outcomes.

My noble friend Lady Finlay has outlined the issues relating to alcohol and domestic abuse so ably that I will not repeat her arguments, but I declare my support for her analysis. Early intervention is crucial for babies born into such circumstances, to support and work with families to break traumatic development cycles. The Institute of Health Visiting is strongly supportive of these amendments, to safeguard against, prevent and address the traumatic impact of domestic abuse on babies.

My noble friend Lord Bird often reminds us that investment of the public pound early in any abused child’s development is a far better investment than significant input in later life. These amendments are designed to address what has been described as the “baby blind spot”. I urge the Minister to seriously consider these amendments and support their incorporation into the Bill. They are designed to safeguard the early development of all babies and to provide therapeutic intervention to empower parents who have experienced abuse themselves to break the cycles of domestic abuse, surely something that we would all support.

Domestic Abuse Bill

Lord McColl of Dulwich Excerpts

Committee stage & Committee: 6th sitting (Hansard) & Committee: 6th sitting (Hansard): House of Lords
Wednesday 10th February 2021 Lords Chamber

I very much hope that the Government will announce today that they will implement Part 3 of the Digital Economy Act as an interim measure, at least between now and when the online harms Bill is ready. If the Government are not willing to do that, I am sure that the noble Baroness, Lady Benjamin, will bring her amendment back on Report. I hope it will be possible for the noble Baroness, Lady Williams, to find some accommodation between now and then.

[Lord McColl of Dulwich (Con) [V]]

My Lords, I am pleased to speak in support of Amendment 177A, to which I have added my name. I very much echo what has been said about Clause 65 and the acknowledgment that sexual violence is an important part of domestic violence. Like the noble Baroness, Lady Benjamin, I do not believe that it is sufficient to seek to deal with the consequences of rough sex after it has happened. It seems to me that any credible domestic abuse Bill must seek to prevent domestic violence, as well as dealing with its consequences. As the evidence marshalled for Amendment 65 made very plain, there is a connection between watching depictions of rough sex practices in pornography and the incidence of such practices.

In my judgment, one of the most important ways in which this matter was first drawn to the attention of Parliament was through the seminal 2018 Women and Equalities Committee report on sexual harassment. The report stated:

“We asked Dr Maddy Coy whether there is a link between men viewing pornography and the likelihood of them sexually harassing women and girls. Dr Coy told us: ‘There is a meta-analysis of research that shows that. It was pornography consumption associated with higher levels of attitudes that support violence, which includes things like acceptance of violence, rape myth acceptance and sexual harassment”.


Moreover, one of the report’s conclusions was that:

“There are examples of lawful behaviours which the Government recognises as harmful, such as smoking, which are addressed through public health campaigns and huge investment designed to reduce and prevent those harms. The Government should take a similar, evidence-based approach to addressing the harms of pornography.”


In their response, the Government stated:

“We have already begun work to identify whether links exist between consuming pornography and attitudes to women and girls, and harmful behaviours. Through qualitative research with frontline providers and a review of the existing evidence base, we aim to build our understanding of relationships between pornography use and harmful attitudes and behaviours.”


As noble Lords have noted, the fruit of that research has been a long time coming. Given its huge relevance to the debate on this Bill, I find the way that it has been released—for all the reasons expressed by the noble Baroness, Lady Benjamin, and the noble Lord, Lord Alton—deeply unfortunate.

The research consists of two papers in response to the Women and Equalities Committee’s sexual harassment report. One is the literature review and the other consists of interviews with front-line workers who are working with individuals who either have exhibited harmful sexual behaviours towards women or are at risk of doing so, aged 16 to over 60. The literature review makes some important statements regarding the content of the Bill. It states that

“pornography use has been associated with an increased likelihood of committing both verbal and physical acts of sexual aggression. With the correlation being significantly stronger for verbal rather than physical aggression, but both were evident. The use of violent pornography produced a stronger correlation.”

The report concludes that

“there is substantial evidence of an association between the use of pornography and harmful sexual attitudes and behaviours towards women.”

It is clear that a relationship exists, and that is especially true for the use of violent pornography.

The second report, based on interviews with front-line workers, states:

“The majority of Frontline workers spontaneously mentioned pornography as an influential factor for harmful sexual behaviours towards women and girls”,


and that:

“This was especially the case for participants working with younger audiences … The view that pornography played a role in their clients’ harmful attitudes and/or behaviours was undisputed.”


Front-line workers recognise that there are a variety of factors contributing to violent behaviours, in relation to which pornography was felt to be a key contributing factor for many clients.

The second report also states:

“Participants believed that increased ease of access to pornography, lots of which includes violence towards women, was problematic for many of their clients … there was a widespread belief in the need to address the role that pornography plays, as part of the approach to minimising harmful sexual behaviours towards women.”


The front-line workers also reported on harmful sexual attitudes and behaviours that they had observed, including physical aggression during sex such as choking, slapping and hair pulling—that is, rough sex. This research is hugely important. It raises major questions about pornography consumption in the round, quite apart from by children and young people.

If we return to the proposed recommendation of the Women and Equalities Committee’s report—namely, that the Government should consider approaching pornography, as they do smoking, from a public health perspective—it is now plain that the new research completely validates that approach. In recognising that, we must acknowledge that the imperative for that is greatly compounded by the fact that the public health risks arising from pornography consumption are not limited to violent behaviours.

There is also the completely separate additional public health argument about taking action because of the problems raised by pornography addiction, which are similar in many ways to those caused by gambling addiction. The Government recognise that while for many gambling is not linked to harm, for some it has a very destructive effect through gambling addiction. This creates what is in a very real sense a form of social environmental pollution, where government pressure the polluter to pay. The gambling industry is asked to make a significant financial contribution to try to help people suffering from gambling addiction.

Given the social carnage left in the wake of pornography addiction, the polluter in this case should also be required to pay, yet the polluter in this instance is not so compelled. This is particularly odd when one has regard to the fact that whereas gambling facilitates gambling addiction, where the gambler damages his life and that of his family around him, pornography not only leads to these problems through addiction but is implicated, as we have seen, in actions taken by some consumers of pornography where they inflict violent acts on other people. In this context, it seems that there is a strong case for tough legislation on online pornography generally.

However, what is incontrovertible is that any further delay in protecting under-18s from accessing this material on pornographic websites, including depictions of rough-sex practices that normalise in their eyes violence as part of sexual relationships, is absolutely indefensible. It amounts to a perverse investment in the lives of the next generation that will make them think that an important aspect of domestic violence that the Bill is seeking to combat—sexual violence—is normal and appropriate.

--- Later in debate ---

[Lord Parkinson of Whitley Bay (Con)]

My Lords, I am sorry to interrupt my noble friend, but I would point out that all the speakers in this group so far have spoken for considerably over 10 minutes. Noble Lords would appreciate brevity, so that they can all have an opportunity to take part.

[Lord McColl of Dulwich (Con) [V]]

[Inaudible]—rough sex and domestic violence and implement Part 3 as quickly as possible.

Domestic Abuse Bill

Lord McColl of Dulwich Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Tuesday 5th January 2021 Lords Chamber

[Lord McColl of Dulwich (Con) [V]]

My Lords, one of the important ways in which this Bill was enhanced in another place was through the removal of the “rough sex” defence. In successfully making the arguments for this change, Members in the other place cited evidence submitted by Louise Perry of the campaign group We Can’t Consent to This. Ms Perry said:

“We can’t really ignore the porn factor … It’s there at a click of a button and can be accessed at such a young age. And the algorithms push you into a rabbit hole of more and more extreme stuff.”


At that time, I was heartened by the fact that, in addition to removing the “rough sex” defence, the Government would soon be making a key investment to combat domestic violence in the future by delivering on the 2015 Conservative manifesto commitment to

“stop children’s exposure to harmful sexualised content online, by requiring age verification for access to all sites containing pornographic material”

through the online harms Bill.

The negative impacts of exposure to pornography on child development are extensive. In February 2016, the DCMS stated in its important document Child Safety Online:

“Pornography has never been more easily accessible online, and material that would previously have been considered extreme has become part of mainstream online pornography. When young people access this material it risks normalising behaviour that might be harmful to their future emotional and psychological development.”


I quite agree. One of the very negative impacts of exposing children to pornography is the impact it inevitably has in normalising rough sex in their thinking, and in the development of their expectations.

In addition to helping parents protect their children from the wider harms associated with exposure to pornography, the Government’s commitment also provided a key way of helping to prevent the normalisation of rough sex in the thinking and expectations of the next generation. I was therefore very disturbed when the Government announced last month that the online harms Bill will not meet its manifesto commitment and will, instead, only seek to protect children from user-generated pornography.

As the online harms Bill will plainly not be delivering on the earlier manifesto commitment, the obvious way forward would be for the Government to now implement Part 3 of the Digital Economy Act to give effect to the world-leading legislation that your Lordships’ House has already passed to protect children from accessing pornography and, therein, the normalisation of rough sex on pornographic websites. This House has already passed that legislation; now we just need the Government to implement it.

[The Deputy Speaker (Lord Lexden) (Con)]

The noble Lord, Lord Ramsbotham, has withdrawn, so I call the noble Baroness, Lady Kennedy of The Shaws.

Child Trafficking

Lord McColl of Dulwich Excerpts

Monday 16th November 2020 Lords Chamber

[Baroness Williams of Trafford (Con)]

As I said to the noble Lord, Lord Roberts, the grant rate is 75%. No child is deported; a child will be returned to their country of origin only if there are safe and adequate reception arrangements in place. It is important to realise that there is a far more generous leave provision under an asylum claim than under discretionary leave to remain. Discretionary leave to remain is always the last consideration and leave of asylum is quite often the first—and a far more generous—one.

[Lord McColl of Dulwich (Con) [V]]

My Lords, the importance of certainty and stability for victims of modern slavery cannot be underestimated. Not having a secure immigration status not only causes great anxiety and harms the well-being of victims but means that they are unlikely to engage with police investigations, with vital intelligence and evidence thereby being lost. When will the Government offer all confirmed victims of modern slavery a guaranteed period of leave after they leave the support of the victim care contract?

[Baroness Williams of Trafford (Con)]

I agree that certainty is crucial for anyone who has undergone such a trauma. A discretionary leave to remain provision is already in place. On the question of when a conclusive grant decision is made, this Government are committed to supporting people who have undergone that trauma, but the two do not necessarily go together. Sometimes they do, but we should not conflate immigration with the support needed for victims of modern slavery. They do not necessarily go hand in glove. However, I understand my noble friend’s premise—that people need support when they are most vulnerable.

Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Lord McColl of Dulwich Excerpts

Consideration of Commons amendments & Ping Pong (Hansard) & Ping Pong (Hansard): House of Lords
Wednesday 21st October 2020 Lords Chamber

Moved by

[Lord McColl of Dulwich]

At end insert “but do propose Amendment 9B in lieu—

9B: Insert the following new Clause—
“Consideration of discretionary leave to remain for confirmed adult victims of modern slavery who are EEA nationals
(1) The Secretary of State must ensure that a person aged 18 years or over is automatically considered for discretionary leave to remain when—
(a) the person is either a Swiss national or an EEA national who is not also an Irish Citizen; and
(b) there has been a conclusive determination that the person is a victim of slavery or human trafficking.
(2) The Secretary of State must ensure that persons granted leave to remain in accordance with this section have recourse to public funds for the duration of the period of leave.
(3) The Secretary of State must ensure that the person is considered for the grant of leave to remain immediately once a conclusive determination is made that they are a victim of slavery or human trafficking.
(4) In this section—
“competent authority” means a person who is a competent authority of the United Kingdom for the purposes of the Council of Europe Convention on Action against Trafficking in Human Beings;
“conclusive determination” means a determination that a person is, or is not, a victim of slavery or human trafficking when the identification process conducted by a competent authority concludes that the person is, or is not, such a victim;
“EEA national” means a national of a State which is a contracting party to the Agreement on the European Economic Area signed at
Oporto on 2 May 1992 (as it has effect from time to time);
“victim of slavery” and “victim of human trafficking” mean a person falling within the definition of a “victim of slavery” or “victim of human trafficking” in section 56 of the Modern Slavery Act 2015 (section 56: interpretation).””

--- Later in debate ---

[Lord McColl of Dulwich (Con) [V]]

My Lords, I should make it clear from the outset that I will not be pressing the amendment in lieu to a vote. I am very grateful to the clerks who have advised me through the intricacies of ping-pong procedure, enabling me to speak today to thank those noble Lords who supported my amendment on 6 October, and to put on the record my response to events in another place on Monday and various undertakings that have been given by the Government.

I have decided not to move a Motion today to insist that what was Clause 12 be reinstated into the Bill for two reasons. In the first instance, I am very grateful for the Minister’s assurance that the Government will amend the guidance on discretionary leave to remain for victims of modern slavery to make it clear that, from 1 January, all confirmed victims who are EEA nationals should be automatically considered for DLR. This is very welcome. While it will not address the fact that many non-EEA confirmed victims of modern slavery will be able to access additional recovery routes, including asylum and humanitarian protection, it means that, as far as DLR is concerned, EEA and non-EEA confirmed victims of modern slavery will be treated in the same way. I thank the Government for this clear commitment.

My amendment in lieu effectively demonstrates what the Government have committed to doing in relation to automatic consideration and, for this reason, I will not be pressing it to a Division. I very much hope that, under this new arrangement, the Government will publish statistics on the immigration outcomes for all confirmed victims of modern slavery following their automatic assessment for DLR. I also welcome the assurance of the Minister in the other place that being a confirmed victim of modern slavery will be considered an acceptable reason for late application for settled status; that again is very positive.

The second reason I have decided not to move an amendment to reinstate Clause 12 is that the Government have agreed to a series of meetings with the right honourable Member for Chingford and Woodford Green, Sir Iain Duncan Smith, and me on our Modern Slavery (Victim Support) Bill to work through the issues with the objective of trying to identify common ground around victim support. I particularly welcome this.

--- Later in debate ---

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, I was pleased to hear that the noble Lord, Lord McColl of Dulwich, has received assurances. I am particularly pleased that the noble Baroness, Lady Williams of Trafford, has given him assurances regarding what she will do to help progress this, and it was also good to hear that he has accepted them.

We all know that the noble Lord, Lord McColl of Dulwich, is highly respected, not only by me but by the whole House. He is a wonderful Member of this House, both in his previous professional career as a surgeon and in his work on the Mercy Ships. While I have been in this House for the past 10 years, he has consistently campaigned on violence against women and violence against people in general and on modern slavery. As I have said before, it is high time that the Government agreed with the noble Lord and moved things forward. The noble Lord’s Bill, which he referred to, which he and Iain Duncan Smith are promoting in the other place, is reasonable, sensible and practical, and the Government should be proud to support it. I hope that, in the not too distant future, we will see the Government give active support to the Bill because, sadly, it has left this House twice only to be wrecked in the other place by a group of people who seemed to get pleasure out of wrecking good Private Members’ Bills, so I hope that will stop and that we will get the Bill through. In his Private Member’s Bill he asks only that people are treated with dignity and respect and that if you are accepted as a victim of modern slavery in England and Wales, you should be treated exactly the same as you are treated in Northern Ireland and in Scotland, because their legislation is superior to ours, and we want it all the same.

I am therefore delighted that there will be a discussion and that the Minister and the noble Lord will be involved in that, and I hope that we will have some good news in the weeks and months ahead.

[Lord McColl of Dulwich (Con) [V]]

I thank everyone for their support, and I particularly thank the Minister, who is a real star and who has been so helpful in this whole business. Without further ado, I beg leave to withdraw my amendment.

Motion J1 withdrawn.

Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Lord McColl of Dulwich Excerpts

Report stage & Report: 3rd sitting (Hansard) & Report: 3rd sitting (Hansard): House of Lords
Tuesday 6th October 2020 Lords Chamber

Moved by

[Lord McColl of Dulwich]

27: After Clause 4, insert the following new Clause—
“Grant of leave to remain for confirmed victims of modern slavery who are EEA nationals
(1) Immigration rules must make provision for leave to remain in the United Kingdom to be granted to a person aged 18 years or over when—(a) the person is either a Swiss national or an EEA national who is not also an Irish citizen; and(b) there has been a conclusive determination that the person is a victim of slavery or human trafficking; and(c) subsection (2) applies and subsection (8) does not.(2) This subsection applies if the person meets one or more of the following criteria—(a) leave is necessary due to the person’s circumstances, including but not restricted to—(i) the needs of that person for safety and protection from harm including protection from re-trafficking;(ii) the needs of that person for medical and psychological treatment;(b) the person is participating as a witness in criminal proceedings; (c) the person is bringing any civil proceedings including pursuing compensation.(3) Where the person is receiving assistance from a support worker, the recommendations of the support worker must be considered in assessing that person’s circumstances under subsection (2)(a).(4) Immigration rules must provide for persons granted leave to remain in accordance with this section to have recourse to public funds for the duration of the period of leave.(5) Immigration rules must provide for leave to remain to be granted from the day on which the conclusive determination is communicated to a person for at least 12 months.(6) Immigration rules must allow a grant of leave to remain under subsection (5) to be extended subject to the requirements of subsection (7).(7) In determining whether to extend a grant of leave to remain under subsection (6), and the period of time for which such extended leave should be provided, the person’s individual circumstances must be considered, and whether that person meets one or more of the criteria in subsection (2).(8) A person may be refused leave to remain if—(a) the person is a sexual or violent offender; and(b) the Secretary of State considers that the person poses a genuine, present and serious risk to members of the public.(9) If subsection (8) applies, the Secretary State must ensure the person affected is given reasons for the refusal in writing.(10) In this section—“competent authority” means a person who is a competent authority of the United Kingdom for the purposes of the Council of Europe Convention on Action against Trafficking in Human Beings;“conclusive determination” means a determination that a person is, or is not, a victim of slavery or human trafficking when the identification process conducted by a competent authority concludes that the person is, or is not, such a victim;“EEA national” means a national of a State which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2 May 1992 (as it has effect from time to time);“immigration rules” in this section has the meaning given by section 33 of the Immigration Act 1971;“sexual or violent offender” means a person falling within the definition of a “sexual or violent offender” in section 327 of the Criminal Justice Act 2003 (section 325: interpretation) or who has been convicted of an offence under the law of another country which would have constituted an offence falling within those subsections if it had been done in England and Wales;“victim of slavery” and “victim of human trafficking” mean a person falling within the definition of a “victim of slavery” or “victim of human trafficking” in section 56 of the Modern Slavery Act 2015 (section 56: interpretation).”

[Lord McColl of Dulwich (Con) [V]]

My Lords, I am very pleased to speak to Amendment 27 in my name and that of the noble Lords, Lord Kennedy and Lord Alton, and the noble Baroness, Lady Hamwee. I would like to thank my co-signatories for their support, and that of the noble Lord, Lord Randall, who would have been here to speak in support of my amendment had it been reached yesterday, but is unable to join us today. I would also like to thank the former Conservative Party leader, the right honourable Sir Iain Duncan Smith, for his support for my amendment, expressed in our joint PoliticsHome article yesterday. I should say at the outset that I very much hope that the Government will accept it, but if they do not it is my intention to test the opinion of the House.

I make no apology for raising once again the difficult situation that confirmed victims of modern slavery will face as a consequence of the current drafting of the Bill before us. By “confirmed victims”, of course, I mean those who have been through the national referral mechanism and received a positive conclusive grounds decision that they are indeed victims of modern slavery.

I am grateful to my noble friend Lord Parkinson, who responded to my Amendment 7, and to my noble friend Lady Williams, who responded to Amendment 81. The Government have made all the right noises about protecting trafficking victims, but it is clear, as I shall explain, that in future victims of modern slavery who come from EU countries will be significantly worse off than they are currently.

As a firm supporter of Brexit and advocate for victims of modern slavery, I know that, while free movement must end, the restoration of our sovereignty does not require us to create a situation in which the effective rights of some confirmed victims of modern slavery are diminished. Parliamentary sovereignty actually gives us the opportunity to improve provisions for all victims of modern slavery if we want to. It does not necessitate that we should acquiesce to the effective erosion of the rights of any confirmed victims. That we should inaugurate the Brexit era by doing so for EEA national victims is, in my judgment, unthinkable.

One of the main ways in which a confirmed victim of modern slavery who is an EEA national can seek help for their recovery today is through their treaty rights to remain in the UK and access public funds: in other words, to get benefits and access to local authority housing. In the event that an EU citizen is unable to exercise their treaty rights, perhaps because their ID documents were taken from them by the traffickers, or they have no paperwork to evidence the work they were doing while being exploited—for those exploitations, by their very nature, do not meet the requirements—they have the second fallback option of applying for what is known as discretionary leave to remain.

At the end of the transition period, and once any opportunity to apply for settled or pre-settled status has passed, victims of human trafficking who are EEA nationals will be worse off because they will lose one of the key avenues to support that is available today—exercising their treaty rights—and that will be replaced by nothing.

The confirmed victim will simply be left with the option of applying for discretionary leave to remain. This may not matter if there were a statutory basis for granting discretionary leave, with statutory criteria to make up for the loss of the opportunity for confirmed victims to access support through their treaty rights.

Discretionary leave is only given on a discretionary basis to confirmed victims in very special circumstances set out in the guidance, when they are not eligible for any other form of leave such as asylum or humanitarian protection. The criteria are that a victim is assisting police with investigations into trafficking or modern slavery, that there are compelling personal circumstances which mean the victim needs to stay in the UK, or that the victim is making a claim for compensation against their traffickers and needs to remain in the UK to pursue that claim.

As a Minister said in 2017, discretion to grant leave to remain has been considered as “exceptional”. That might have been acceptable when EU citizens had an opportunity to access treaty rights, but they will no longer be able to do so and it is unlikely that EU victims will be considered for asylum in the future.

In order to really understand this effective erosion of the rights of confirmed victims of modern slavery who are EEA nationals, it is also important to consider their lot in the wider context of that of victims who are non-EEA nationals. Many non-EEA nationals will have the option of applying for asylum, which, as I said, will not be open to EEA nationals; some will be granted humanitarian protection and the remainder will be automatically considered for discretionary leave. Given these other routes, it may not be surprising that discretionary leave has been considered “exceptional” for non-EEA victims as well.

Internal Home Office data, reported to the House of Commons Work and Pensions Committee in 2017, showed that just 12% of all victims of modern slavery were given discretionary leave in 2015. Of these, 52 cases were EEA nationals and 71 non-EEA nationals. On 24 September, the Government confirmed that they do not have current data in a reportable form for the different immigration outcomes for victims of modern slavery. This lack of data begs the question as to how the Government will measure the impact of changes in immigration policy on victims of modern slavery if there is no baseline from which to measure.

In July, the Centre for Social Justice, published a report on modern slavery, It Still Happens Here: Fighting UK Slavery in the 2020s. It states:

“For many, having no recourse to public funds poses further barriers to moving people on safely, putting victims at risk of homelessness and destitution, and making it more likely that they will fall back into exploitation and trafficking.”

--- Later in debate ---

[Lord Parkinson of Whitley Bay (Con)]

My Lords, I thank my noble friend Lord McColl of Dulwich for instigating this important debate and I join other noble Lords in paying tribute to him for his dedicated and unswerving commitment to supporting the victims of modern slavery. As the noble Lord, Lord Alton of Liverpool, said, it is a commitment that is strong at any hour of the day and one that applies to all noble Lords who have spoken—and would have done to my noble friend Lord Randall of Uxbridge, who, as my noble friend said, would have spoken today had we reached this group sooner.

The Government are equally committed to tackling this heinous crime, which has absolutely no place in our society. We are now identifying more victims of modern slavery and doing more to bring the perpetrators to justice than ever before, and we are committed to supporting victims and survivors and helping them rebuild their lives. However, we do not accept that the victims of modern slavery who are EEA citizens should automatically be granted leave to remain in the UK, which is what my noble friend’s amendment seeks to do.

Granting leave to remain is appropriate in some cases, but the individual circumstances of a case are what must be central to the decision. I hope that all noble Lords will agree that a decision on whether leave is granted should not be determined by someone’s nationality. That is certainly an approach which complies with our international obligations under the trafficking convention. Where leave to remain is granted, it is normally where the victim is supporting the police either in an investigation, through being a witness in court or because of a requirement for medical treatment that needs to be provided in the UK—or, as the noble Baroness, Lady Hamwee, noted, because they are pursuing compensation for the exploitation that they have suffered. It is perhaps worth reiterating, as we touched on in Committee, that the most common nationality among all referrals in 2019 to the national referral mechanism was British, with UK nationals accounting for 27% of all those being referred, so tackling this abhorrent crime is separate from immigration policy.

For those who are not UK nationals, some victims of modern slavery already have leave to remain in another capacity or may qualify for a more advantageous status, such as refugee status. Victims from the EEA, who, as my noble friend noted in his opening remarks, may find that not possible, may also qualify for leave to remain under the EU settlement scheme. There is a further option that my noble friend did not touch on in his remarks, which is that victims can apply for support from the Home Office modern slavery victim care contract, which includes accommodation and support. We want to ensure that all victims and survivors, who are often very vulnerable people, as has been made apparent so powerfully today, have the support that they need.

For those who do not qualify for leave to remain, the Government are committed to supporting them to return to their home country and to rebuild their life. As the noble Baroness, Lady Hamwee, said, they often want to do that as soon as possible. We have links with NGOs around the world, including a memorandum of understanding with La Strada Poland, which supports the victims of modern slavery when they return home and helps them reintegrate into their communities. The Government are proud of the work we are doing to stamp out this abhorrent crime and I was pleased to hear the noble Lord, Lord Alton of Liverpool, pay tribute again to the world-leading legislation which has been passed in this area.

A blanket policy of granting discretionary leave risks creating the incentive for some—a minority of individuals—to make false trafficking claims in an attempt fraudulently to obtain leave to remain. We have to ensure that the system we have put in place is focused on those who truly need our help and is not abused by the sort of organised and callous criminality which, as has been said, profits from human misery. It is for these reasons that we believe that my noble friend’s amendment is unnecessary, and I hope that he will withdraw it.

[Lord McColl of Dulwich (Con) [V]]

My Lords, I thank all noble Lords who have taken part in this debate. I thank the noble Lord, Lord Alton, for his kind remarks and for all the support and hard work that he does on this and many other subjects. I also thank the noble Lord, Lord Morrow, who has done such wonderful work in Northern Ireland, and the noble Baroness, Lady Hamwee, for her support and her amazing stamina. She never seems to get tired.

To respond to the debate, it is clear that my Amendment 27 does not—I emphasise this—automatically grant leave to remain to all EEA nationals who are confirmed victims of modern slavery. It guarantees leave only where the criteria in the amendment are met, which will require an assessment of the circumstances in each case. The amendment does ensure that all confirmed victims who are EEA nationals are automatically considered for leave to remain. Without this change, confirmed victims who are EEA nationals will not only lose one of the avenues for recovery currently accessible to them—immigration status and recourse to public funds through treaty rights—they will find themselves at a disadvantage when compared with victims who are not EEA nationals and who are already automatically considered for discretionary leave to remain.

Without Amendment 27, EEA confirmed victims of modern slavery will be significantly worse off as a result of the Bill. It is unthinkable that this House should acquiesce to allowing the rights of some victims of human slavery to be moved backwards, and so I wish to test the opinion of the House.

Lightweight Polyethylene Chest Plates

Lord McColl of Dulwich Excerpts

Wednesday 30th September 2020 Lords Chamber

[Baroness Williams of Trafford (Con)]

The Home Office view is that the recent testing reported in the media was unscientific. On the tests, Home Office officials contacted the DSTL for its views: it does not believe that the Mail on Sunday tests demonstrate a weakness in the equipment that it has approved.

[Lord McColl of Dulwich (Con) [V]]

My Lords, the effectiveness of these lightweight polyethylene chest plates has been questioned. Has the Home Office considered using aluminium ceramic or, as the United States army uses, boron carbide, which also have the advantage of being much lighter? The only problem is that these materials are rather fragile when dropped and in extreme heat or cold. Can the Minister advise us?

[Baroness Williams of Trafford (Con)]

I can advise that, clearly, the durability and usefulness of light materials are incredibly important, as my noble friend points out. Polyethylene plates have been shown to meet the rigorous testing that we demand.

Emergency Services Network

Lord McColl of Dulwich Excerpts

Thursday 24th September 2020 Lords Chamber

[Baroness Williams of Trafford (Con)]

The noble Lord is absolutely right to point out that this has been a very challenging programme. There are police chiefs who have confidence in it and are keen to take it forward. In terms of the final bill, we understand that it will be some £10.3 billion.

[Lord McColl of Dulwich (Con) [V]]

My Lords, the London Fire Brigade and other emergency services are very concerned about the effect of the ban of the use of the Huawei equipment on the upgrade of the ESN. What is Her Majesty’s Government’s plan for damage limitation? Is the predicted overspend really as much as £3 billion? What plans do the Government have to deal with this?

[Baroness Williams of Trafford (Con)]

My Lords, as I said initially, there is every plan in place to ensure minimal disruption. In terms of the Huawei equipment in the EE part of the ESN—the dedicated core network—EE is already working to remove it by 2023, well in advance of the 2027 deadline that DCMS set out.