Independent Chief Inspector of Borders and Immigration

Debate between Holly Lynch and Tom Pursglove

Monday 4th March 2024 Commons Chamber

[Tom Pursglove]

The hon. Lady is right to say that everybody working with children has to be properly vetted. We have taken seriously the recommendations that Mr Neal made in response to that issue. As I said to the right hon. Member for Hackney North and Stoke Newington (Ms Abbott), this was a terrible situation. There was accountability in relation to the individual who thought it appropriate to play that game, which was, to any Member of this House and any right-minded person, abhorrent. The hon. Member for Dulwich and West Norwood (Helen Hayes) is right to say that we are talking about children in difficult circumstances who have been through an awful lot. All those individuals—I would use the word “professionals”—have a responsibility to care for those children, and to behave in an appropriate way befitting their role. There are no longer any unaccompanied asylum-seeking children in hotels open under the Home Office’s remit, but there is value in the recommendations, which should carry through into the work that we do with local authorities.

[Holly Lynch (Halifax) (Lab)]

The Independent Anti-Slavery Commissioner, Dame Sara Thornton, raised concerns about Government policy on trafficking and slavery. Her contract was not renewed, and that crucial post was vacant for 16 months. David Neal, as the ICIBI, raised concerns about immigration, and he was sacked. That post will be vacant for months. The Minister has said that independent scrutiny plays an important role, but does he not agree that under this Government, independent scrutiny is not only not valued, but becoming a sackable offence?

[Tom Pursglove]

I have been clear with the House about the basis on which Mr Neal’s contract was terminated. I do not think it was appropriate for him to share confidential information in the way he did; it was outside the process for publication. However, as I have said repeatedly, we want to get on and appoint a successor. The chief inspector of borders and immigration has an important role and remit; the House and the Government see value in it. We are looking at what can be done to bridge the gap in the absence of a full-time, permanent chief inspector. We will no doubt say more once that work has been concluded.

Oral Answers to Questions

Debate between Holly Lynch and Tom Pursglove

Monday 24th April 2023 Commons Chamber

[Tom Pursglove]

What I am certainly very willing to do is to provide further detail to the shadow Minister, separate from this afternoon’s proceedings. I am absolutely clear that the severe disability group has an important role to play, recognising the challenging conditions people have and that, for many, those conditions will not improve. I am keen to reduce the reassessment burden on people wherever we can, streamline processes, and ensure that people feel properly supported and properly cared for during the course of those processes. That is the right step to take. I am determined that we get this right. Exactly as I said just now, I want to work collaboratively and constructively as we move forward with the White Paper reforms. We have made commitments to test and trial various things, and we will get on and do that.

[Holly Lynch (Halifax) (Lab)]

4. What recent estimate he has made of the number of pensioners in poverty.

Asylum Seeker Accommodation: RAF Manston

Debate between Holly Lynch and Tom Pursglove

Wednesday 15th December 2021 Commons Chamber

[Holly Lynch (Halifax) (Lab)]

I have listened carefully to what the Minister has had to say, and I thank the right hon. Member for North Thanet (Sir Roger Gale) for having secured this important urgent question. Tomorrow will be a year to the day that the right hon. Member for Romsey and Southampton North (Caroline Nokes) secured an urgent question in this Chamber on the Government’s rule changes, which gave the Home Office the powers to deem asylum claims inadmissible. We described the proposals as unworkable then. Here we are, a year on, and people are becoming trapped in our asylum system by the Home Office, having had their claims deemed inadmissible, but without any functioning agreements in place to move anyone through and out of the system. The Minister has said that 4,561 notices of intent have been served, yet only five people have been returned.

The Minister has said that this site is an attempt to improve the efficiency of the system, so can he explain to the House why the Government passed these inadmissibility rules when the consequences are that thousands of people have endured longer stays in the asylum system than necessary? That is to the detriment of a person’s wellbeing and makes no sense for the Home Office at all. The initial asylum decisions taken by the Home Office have dropped from 28,623 in 2015 to 14,758 now, which is contributing to the backlog. Some 64% of those waiting for a decision on their asylum claims are waiting longer than the six-month target, so the backlogs in processing times are crippling the system. I would be grateful if the Minister could explain why progress on the rates of decision making has collapsed.

The Minister says that RAF Manston barracks will be used more as a reception centre than long-term accommodation, but we know that public health and fire safety advice was ignored by the Home Office prior to Napier and Penally barracks opening as asylum accommodation. We have heard once again about how consultation with local agencies has sadly been absent.

Given what we know about the new variant, dormitory-style accommodation must be avoided if we are to protect those accommodated there, staff and the wider community. Can the Minister confirm whether RAF Manston barracks will have an advisory committee? Can he rule out that children will be held there, and can he provide assurances that this is a temporary measure?

Given that this Government have promised the Afghan citizens resettlement scheme, why has the scheme still not been established, and why has eligibility for the Afghan relocations and assistance policy scheme been tightened overnight? I would be incredibly grateful for some insight on that decision.

Finally, in September 2020, the Home Office was by the inspectorate about the inadequate facilities at Tug Haven for dealing with vulnerable people, especially children, who may have experienced dangerous journeys. What assurances can the Minister give us that Manston barracks would be a significant improvement on the current situation?

[Tom Pursglove]

I am very grateful to the shadow Minister for her various questions and of course the assiduous way in which she always goes about these matters. We spent quite a lot of time together debating the Nationality and Borders Bill in the Committee that considered it in great detail. The point that I would make initially is that what we are talking about here is a very considerable number of arrivals. Of course, it is right and proper that we have appropriate and safe facilities in place to process those arrivals in a manner that is fitting and of course has safety at the forefront. We believe that the steps I have set out today are necessary to achieve that and to make sure that we have the capacity, with the ultimate aim of course of stopping these crossings from happening in the first place, which is something that we are continuing to work towards.

On the point about inadmissibility, as I have explained several times in different settings in this House, that is very much about our future policy and where we are hoping to get to. We believe very strongly, and I know that Opposition Members have different views on this, that people should seek asylum or claim asylum in the first safe country that they reach. That is of course the quickest route to safety. The shadow Minister will also know that we are continuing to look at what more we can do on the issue of returns along those inadmissibility lines, and upholding that very long established principle under successive Governments of both sides that people should claim asylum in the first safe country that they reach. Those negotiations and discussions are ongoing, as she would expect.

On asylum processing, of course one thing that I very much want to see, as do my ministerial colleagues, is cases decided more quickly. We want to provide sanctuary to those who need it as quickly as possible and to return those with no right to be here without needless delays. That is what our Nationality and Borders Bill and the new plan for immigration are all about. We are getting on: that Bill is passing through the House, and we will operationalise the measures in it as quickly as possible on Royal Assent. I think that is what the British people want to see. It is the right and responsible thing to do, and that underpins the entirety of our policy.

On Napier specifically, we have been responsive. Again, we have set out many times the improvements that have been made to that site. It is right that, for example, when the inspectorates come in, look at these sites and offer recommendations, those are considered properly and thoroughly, and acted on as appropriate. That is why we respond formally to those reports and set out the steps that we intend to take to address any of the issues raised.

On the point about Afghanistan, what I will do—if I may, given that today we are debating the issue of Manston specifically and the triaging facility—is ask my hon. Friend the Minister for Afghan Resettlement to provide an update to the shadow Minister.

Nationality and Borders Bill (Sixteenth sitting)

Debate between Holly Lynch and Tom Pursglove

Committee stage
Thursday 4th November 2021 Public Bill Committees

[Holly Lynch]

Before I start, I draw hon. Members’ attention to the Red Box article written by the Independent Anti-Slavery Commissioner, Dame Sara Thornton, and published in The Times today. Entitled “Rushed borders bill will fail victims of modern slavery”, it is damning. Against that backdrop, I will have another go at mitigating the worst elements of part 4 with new clause 43. I start by paying tribute to ECPAT UK and the Children’s Society, which have shared their insight and invaluable expertise in helping us to shape these new clauses.

New clause 43 would amend section 48 of the Modern Slavery Act 2015, to ensure that an independent guardian was provided for all child victims of trafficking and separated children. For clarity, I point out that when I refer to “separated children”, I am referring to migrant children who are unaccompanied. The independent guardian would be a central part of a child’s life, acting as a connection to all the support services that they required, having the ability to instruct solicitors on their behalf and representing their best interests throughout. These guardians would be experts on trafficking and modern slavery, whose purpose was to safeguard and improve the wellbeing of trafficked children, as well as ensuring that statutory services could function more effectively, securing a route both to recovery and to prosecution of those ultimately responsible for their abuse. As specified in the functions laid out in the new clause, an independent guardian would ensure that the child was informed of any relevant legal proceedings, clearly communicate the views of the child and promote the future welfare of the child based on what was in the child’s best interest.

I have cited the numbers previously, but I will remind the Committee. In 2020, 47% of referrals to the national referral mechanism were children, and of the referrals for UK-based exploitation only, 57% were children. It was the case that 51% of the referrals of children were for child criminal exploitation. According to the National Crime Agency, the increase in referrals to the NRM of British children has been driven largely by so-called county lines criminality.

A great deal of the provision in new clause 43 should already be happening and be provided for between international laws, including the UN convention on the rights of the child, the EU trafficking directive of 2011 and the Council of Europe convention on action against trafficking in human beings, as well as domestic provisions. However, the measure has been only partially adopted across the UK. The Children’s Society has supported calls for it to be enshrined in statute, stating that a guardian’s role should be independent from the state, have legal authority and have adequate legal powers to represent the child’s best interests, as well as being respected by an existing regulatory body.

As the Independent Anti-Slavery Commissioner highlighted in her annual report for 2020-21, despite clear evidence of good practice she remains extremely disappointed that six years on from the Modern Slavery Act 2015 the independent child trafficking guardian service is not yet a national provision.

There has been very much a staggered approach to roll-out, with the service still not in operation across around a third of all local authorities, several years after it was adopted in three early adopter areas in Greater Manchester, Hampshire and the Isle of Wight. That shows a real lack of urgency on the Government’s part and we echo the statement by the anti-slavery commissioner that

“access to this specialist support for children should not be a postcode lottery”.

In the year ending June 2021, the UK received 2,756 applications for asylum from unaccompanied children. The majority of unaccompanied children are cared for on a voluntary agreement under section 20 of the Children’s Act 1989, rather than under a section 31 care order, whereby the local authority has full parental responsibility for the child.

Although I pay tribute to the dedicated social workers up and down the country, in reality many social workers will not have received training on the asylum and immigration system, and may lack the skills to aid children with their immigration applications. Therefore, the new clause will provide much needed consistency and security for children who have had some of the worst possible starts in life, supporting them towards recovery and through their relationship with the relevant agencies, in the hope that we can secure child victims a degree of restorative justice, which would be a service for both migrants to the UK and UK nationals.

The report conducted by the Home Office evaluating independent child trafficking guardians supported the argument that they provide a sense of stability and continuity:

“Investing time in trafficked children’s lives by a single trusted, well-informed, reliable adult became a distinct early feature of the ways child trafficking guardians stood out from other professions.”

This is demonstrated by one young person who responded to the evaluation. Speaking about their guardian, they said:

“She is so amazing... I don’t know if they’re all like that, but for me it was different, because I told her things that I haven’t told my social worker and that was beneficial. I think that’s because of her personality...she seems really open, I can talk to her about anything.”

Police offers working to combat exploitation and help young people told me recently that they were becoming aware that the drive to keep young people out of police cells for all the right reasons had led to instances where children were arrested in possession of, say, drugs and cash. Rightly, the police would have taken those items from the children before they were released, pending further inquiries, but before proper consideration of their circumstances could be made.

Officers identified that children and young people were having to go back to serious criminals to inform them that they no longer had their drugs or cash, without any of the risks to them having been identified and without safeguarding support having been wrapped around them. Thankfully, those officers were working through the best practice alternatives, but those are the types of scenarios where guardians would be able to play an invaluable role.

It is notable that the devolved nations have been far more proactive in this area, with Scotland having made greater progress and Northern Ireland introducing a comprehensive independent guardians model, which provides an individualised service for all separated children. If we are to consider the UK a world-leader in combating modern slavery, I ask the Minister to put into primary legislation what should already be happening, as a means of addressing the gaps in provision, which will help us to do what is right for these children as well as assisting the authorities in identifying and apprehending perpetrators of some of the most heinous crimes.

New clause 44 would ensure that the provision of independent child trafficking advocates is subject to an inspectorate regime. As colleagues may be aware, the measure is currently not subject to an inspection framework, which is applied to other services for children under the Education and Inspections Act 2006. We believe than an inspection framework is necessary to ensure that Ofsted can inspect the quality and effectiveness of the service.

In conclusion, I find it hard to believe that any colleagues do not support the aims and objectives of the new clause, which builds upon the commitments in the Modern Slavery Act 2015. As the campaign group Every Child Protected Against Trafficking UK has highlighted, those who are eligible under new clause 43 may have had to flee their country due to conflict and may have faced exploited en route to the UK. Others may be British children in the care system, who have been let down by the adults around them. There is a breadth of vulnerability here and we believe that the new clauses better acknowledge and cater to all child victims’ physical and psychological needs. I hope that the Minister shares the ambition behind the new clauses and understands the need for all trafficked and separated children to be recognised and supported within primary legislation.

[Tom Pursglove]

I thank hon. Members for tabling their new clauses. They have raised important issues about the support available for child victims who have faced the most heinous crimes. Independent child trafficking guardians are an independent source of advice and support for potentially trafficked children, irrespective of nationality, and somebody who can advocate on a child’s behalf. Provision for the independent child trafficking guardian already exists in section 48 of the Modern Slavery Act 2015, as does the requirement to make regulations.

The Government have developed detailed policy for the provision of this service, which is set out in the interim independent child trafficking guardians guidance, published under section 49 of the Modern Slavery Act 2015. This guidance is kept under review through consultation with stakeholders. The correct place for the detail regarding the function of the service is in guidance, rather than, as new clause 43 suggests, the legislation itself. That enables the Government to respond flexibly to best practice and victims’ needs. The guidance is clear that acting in the child’s best interests must always be a primary consideration for the service.

New clause 43 would also ensure that an independent child trafficking guardian can continue to provide support to a child until the age of 25, to the extent that their welfare and best interests require such an appointment. Following a recommendation from the independent review of the Modern Slavery Act, the Government are currently trialling the provision of support, when appropriate, to individuals beyond the age of 18 in London, West Yorkshire and Warwickshire. An independent evaluation will look at the added value of implementing that change and consider appropriate next steps. The new clause would expand the scope of the independent child trafficking guardian service to all separated children when there are already existing provisions for separated children to receive support and assistance through other means.

I assure the Committee that the Government take their responsibility for the welfare of unaccompanied children extremely seriously. We have comprehensive statutory and policy safeguards in place for caring for and safeguarding unaccompanied asylum-seeking children in the UK, including those who are victims of trafficking. When an unaccompanied asylum-seeking child becomes looked after by a local authority, they are entitled to the same level of support and care from their local authority as all looked-after children. Under these arrangements, a looked-after child must be provided with access to education, healthcare, legal support and accommodation. They will be allocated a social worker who will assess their individual needs and draw up a care plan that sets out how the local authority intends to respond to the full range of those needs. Our record demonstrates the Government’s determination to ensure that unaccompanied children and child victims of modern slavery are appropriately safeguarded and have the support they need.

[Holly Lynch]

Will the Minister give way?

[Tom Pursglove]

I am conscious that we need to make progress, but I will take a quick intervention.

[Holly Lynch]

I am grateful. I do not dispute that the provision already exists in legislation for independent child trafficking guardians; my dispute is that, as we have heard, they are not available in reality for a third of the country. If the Minister is saying that we do not need a requirement in legislation to do this, how does he plan to ensure that those guardians are available right across the country?

[Tom Pursglove]

If I may, I will write to the Committee. I have undertaken to write to the Committee with more information in relation to another matter we discussed earlier, and I am very happy to provide more information to the Committee in answer to that question.

Turning to new clause 44, I appreciate that appropriate methods of assessing the effectiveness of independent child trafficking guardians are required. The current independent child trafficking guardian service model is informed by the findings of the evaluation of early adopter sites, published in July 2019, and the evaluation of the regional practice co-ordinator role, published in October 2020. The provision of independent child trafficking guardians in section 48 of the Modern Slavery Act 2015 provides the Secretary of State with a duty to make such arrangements considered reasonable to ensure that specialist independent child trafficking advocates are

“available to represent and support children who there are reasonable grounds to believe may be victims of human trafficking.”

Section 48(6) places a duty on the Secretary of State to make regulations about independent child trafficking advocates, which must include the circumstances and conditions under which a person may act as an independent child trafficking advocate, arrangements for the approval of the appointment of such advocates, the timing of appointment and the advocates’ functions. As mentioned earlier, the roll-out of the independent child trafficking guardian service is being informed by the findings of the evaluation of early adopter sites. As such, regulations will be brought forward in due course.

Independent child trafficking guardians are now operating in two thirds of all local authorities in England and Wales, as the hon. Lady said. It is important that the provision is able to support those vulnerable children appropriately, and it is precisely for this reason that a staggered approach has been adopted, with built-in evaluations along the way. We will continue to monitor closely the independent child trafficking guardian service to ensure practitioners are acting in the child’s best interests and that resource is being allocated appropriately. We will adjust guidance as needed to ensure that these vulnerable victims are protected and supported to recover from their exploitation. For the reasons I have outlined, I invite the hon. Lady not to press her new clauses.

--- Later in debate ---

[Holly Lynch]

I beg to move, That the clause be read a Second time.

In the same spirit as new clauses 43 and 44, new clause 51 sets out the duty for local authorities to make arrangements for child victims of modern slavery, with a view to prevent their retrafficking, by amending section 22 of the Children Act 1989. As things stand, an unaccompanied child will become looked after by the local authority if they have been accommodated by the local authority for 24 hours under section 20 of the Children Act 1989. This will mean that they will be entitled to the same local authority provision as any other looked-after child. The Care Leavers (England) Regulations 2010 set out duties regarding care leavers and require that those duties are fulfilled with regards to the child’s circumstances and needs as an unaccompanied or trafficked child. The regulations apply to all children, regardless of their immigration status, nationality or documentation.

As we have heard previously, child victims of modern slavery are at increased risk of going missing and being retrafficked. In 2017, as many as one in four identified trafficked children were reported as having gone missing. The average missing incidents for each trafficked child have increased from an average of 2.4 times to 7.4 times between 2014-15 and 2017. The new clause therefore seeks to bring clarity to the duty on local authorities to protect victims, particularly those at risk of retrafficking. Subsection (2) highlights that there is a need to ensure that accommodation is a serious consideration for child victims. We know that concerns have been raised about the lack of agreed safety standards for accommodating child victims of trafficking, which can include the use of residential homes, shared flats and houses, bed-and-breakfast emergency housing and foster care.

In 2017, the Home Office and the Department for Education commissioned a report that found that there was

“limited availability of specialist provision”

and

“a lack of resources and specialist knowledge within local authorities and partner services.”

The report identified the placement of non-EEA migrant children in “semi-independent accommodation”, such as

“supported accommodation and/or shared housing”,

as being a cause for concern. Since the report was published, the Government have outlawed the provision of accommodation without care and supervision for under-16s, but they have continued to allow such provision for 16 and 17-year-olds.

A recent serious case review has further highlighted the problems of local authorities arranging inappropriate placements for children, and the impact of failing to conduct full risk assessments for both the needs of the child and the accommodation itself. Sarah was a looked-after child in the care of Worcestershire social services, and she died in independent accommodation away from her home borough in June 2019, at the age of 17. From an early age, Sarah had suffered from epilepsy, which had been managed by medication. In 2017, Sarah became a looked-after child under a voluntary agreement between the local authority and her parents, which meant that both Sarah’s parents maintained parental responsibility. Sarah became looked after and was accommodated with foster carers, but when these placements broke down, she resided in residential accommodation and then had semi-independent living arrangements.

Over a period of time, there were numerous occasions where Sarah was reported as missing from the placements. There were concerns regarding Sarah’s vulnerability and the effect of her medical condition. There were also concerns regarding Sarah’s relationships with older men, particularly her relationship with one man. Sarah was considered to be at risk of being criminally and sexually exploited. Sarah tragically died, having suffered a seizure at the home address of the older male in question in 2019, aged just 17. It is an incredibly sad case study and serves as an example of what can happen if the needs of vulnerable victims are not thoroughly assessed.

Currently, there is statutory guidance that outlines a local authority’s duties, such as the Department for Education’s guidance for local authorities, which was updated in 2017, entitled “Care of unaccompanied migrant children and child victims of modern slavery.” It states that:

“Local authorities have a duty to protect and support these highly vulnerable children. Because of the circumstances they have faced, unaccompanied migrant children and child victims of modern slavery, including trafficking, often have complex needs in addition to those faced by looked after children more generally. The support required to address these needs must begin as soon as the child is referred to the local authority or is found in the local authority area. It will be most effective where this support is provided through a stable, continuous relationship with the child.”

We unequivocally support the sentiments and measures incorporated in the guidance, but it should be strengthened through the adoption of the new clause, which would create a duty for local authorities to consider the risk of retrafficking and safeguard against children going missing. I have already made the case for the need, highlighted in subsection (3), for local authorities to work closely and consult independent guardians before making decisions on behalf of the child.

There is a clear, urgent need for the new clause, given the vulnerability of such children. There is also a practical requirement, given that, for multiple local authorities, missing, trafficked or unaccompanied children account for a significant proportion of the children they look after—in the case of one local authority it was as high as 15%. The new clause seeks not only to raise awareness of the needs of child victims but to provide greater definition on the role of local authorities in meeting such needs.

As this is likely to be the last time that I will be on my feet in the Committee, with your permission, Ms McDonagh, may I put on record my sincere thanks to the Children’s Society, ECPAT UK, the British Red Cross, the Immigration Law Practitioners Association, the Anti Trafficking and Labour Exploitation Unit, the Independent Anti-Slavery Commissioner, Dame Sara Thornton, and all the hard-working, dedicated frontline police officers disrupting modern slavery? I am eternally grateful for all their expertise. Finally, I thank Isabelle Bull from my team, who has worked like a trojan in preparation for the Bill, as well as the incredible Clerks of the House.

[Tom Pursglove]

I, too, am grateful to the hon. Lady for the constructive way in which she has gone about her work on the Committee. I know how passionate she is about these issues.

Support for potential victims, including children, is a fundamental pillar of our approach to assisting those impacted by the horrendous crime of trafficking and modern slavery and reducing the risk of such victims being retrafficked. As the Committee may be aware, independent child trafficking guardians are an independent source of advice and support for potentially trafficked children, irrespective of nationality, and they can advocate on a child’s behalf. So far, the Government have rolled out the service to two thirds of local authorities across England and Wales. We have developed detailed policy for the provision of the service, which is set out in the interim independent child trafficking guardians guidance published under section 49 of the Modern Slavery Act 2015. The guidance is kept under review through consultation with stakeholders.

Within the guidance, the Government are already clear that acting in the child’s best interests must always be a primary consideration for the independent child trafficking guardian service. We are also clear that independent child trafficking guardians must be invited and provided with the opportunity to take part in all agency meetings and discussions that relate to and impact on the children that they are supporting. That is the correct place for detail on the function of the independent child trafficking guardian service. By keeping that detail in guidance—rather than putting it in legislation, as the new clause would—the Government can respond flexibly to best practice and victims’ needs.

Local authorities are responsible for safeguarding and promoting the welfare of all children in their area, including child victims of modern slavery. The “Working Together to Safeguard Children” statutory guidance is clear that the individual needs of children, including the risk of re-trafficking, should be taken into account when determining their recovery needs. That is to ensure that safeguarding processes and multi-agency support can be put in place to protect and prevent harm to children at risk of a range of exploitation harms and abuse. The approach enables us to focus on a range of exploitation harms, whereas the new clause would stipulate that we focus specifically on the risk of retrafficking. Although I am sure that that was not the new clause’s intention, prioritising safeguarding against the risk of retrafficking could consequentially lead to the prioritisation of action against specifically the risk of retrafficking in place of other risks, which would inherently pose a risk to individuals whose risk of retrafficking may not be the primary consideration. With that, I encourage the hon. Lady not to press her new clause.

[Holly Lynch]

I think I followed what the Minister said and that he heard my concerns about some of the gaps in the provision. I will look to that statutory guidance for further detail. I will not press the new clause, so I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 52

Effect of British National (Overseas) visas

‘(1) Within six months of this Act being passed, the Secretary of State must commission and lay before Parliament an independent assessment of the effect of British National (Overseas) visas and the Government’s implementation.

(2) The Secretary of State must appoint an Independent Chair to conduct the assessment.

(3) The assessment must consider such matters as are deemed appropriate by the said Independent Chair.’—(Bambos Charalambous.)

This new clause would require the Government to publish an independent assessment of the effect of the British National (Overseas) visa scheme.

Brought up, and read the First time.

Nationality and Borders Bill (Twelfth sitting)

Debate between Holly Lynch and Tom Pursglove

Committee stage
Thursday 28th October 2021 Public Bill Committees

[Holly Lynch (Halifax) (Lab)]

I beg to move amendment 184, in clause 46, page 42, line 3, at end insert—

“(3A) Any slavery or trafficking information notice must be accompanied by information regarding the Secretary of State’s obligations to identify and support potential victims of modern slavery and trafficking.”

This amendment would ensure that potential victims are given information regarding their rights at the same time the notice is served.

It is a pleasure to serve with you in the Chair, Ms McDonagh. I commend the Minister on having run the London marathon for Justice and Care, which does invaluable work.

We are supportive of the previous Scottish National party amendments to clause 46, which were outlined by the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East. If we achieve nothing else this afternoon, I did promise the SNP spokesperson that I would work on being able to pronounce his constituency in time for our debates on the Bill, having managed to avoid doing so entirely during the passage of last year’s Immigration Act. I hope he will recognise those efforts.

With your permission, Chair, I will come back to clause 46 more broadly during the stand part debate. Our amendment follows a damning letter sent by 60 charities from across the human trafficking and modern slavery sector. They seeks to mitigate the effects of a Bill that they claim

“will have a disastrous impact on the UK’s response to modern slavery.”

In the light of the series of recommendations in that letter, amendment 184 would require any slavery or trafficking information notice to be

“accompanied by information regarding the Secretary of State’s obligations to identify and support potential victims of modern slavery and trafficking.”

We have serious concerns about both clauses 46 and 47, but these trafficking information notices are a new initiative, and should be accompanied by a full explanation of why the questions are being asked and what rights and support a potential victim of trafficking should be entitled to. The Government have placed significant emphasis on the need to reduce the time taken for victims to be identified, and on ensuring they receive the correct support package at the earliest opportunity. We strongly share that objective, so the requirement for information to be provided at the same time as the notice is served seeks to address any uncertainty and anxieties a potential victim may have.

Furthermore, it is critical that a trafficking notice is served with an assessment and awareness of risks and victims’ needs, as they can be incredibly wide-ranging, and that assessment and awareness can be essential for safeguarding purposes. Some victims will not have English as their first language, and some may have limited literacy skills. They will need access to the correct translator and there should be recognition of any special educational needs. That reinforces the need for each case to be evaluated sensitively.

We seek to ensure that the basic entitlement to information is met. It is important to recognise that in cases of modern slavery, many first responders and expert witnesses have found that victims interviewed often have so little knowledge of the national referral mechanism that they do not know if they are, or have been, in the NRM. Victims being unable to self-identify and limited awareness of how to navigate the NRM are consistent issues, and we will return to them under other clauses in part 4. Amendment 184 seeks to mitigate potential restrictions to the NRM, and is a sensible suggestion, and I hope that the Minister sees its merit.

[Tom Pursglove]

I thank the hon. Members for Enfield, Southgate, and for Halifax, for tabling the amendment, and the hon. Member for Halifax for setting out the case for it. Clause 46 forms part of our expansion of the one-stop process to include modern slavery through the establishment of a new slavery and trafficking information notice.

Amendment 184 is not required, as the Government are providing mechanisms in the Bill to ensure that potential victims are fully aware of their rights and the Secretary of State’s obligations to them, including the right to free legal aid where appropriate. Information on the Secretary of State’s obligations to victims will be provided to individuals when a slavery or trafficking information notice is issued. These measures will ensure that potential victims better understand the national referral mechanism and their support entitlements.

In combination with clause 46, clauses 54 and 55 seek to ensure that individuals are provided with advice on the national referral mechanism when they receive advice on asylum and immigration matters. That will enable more victims of modern slavery to be referred, identified and properly supported.

Primary legislation on the process of providing information to possible victims is not required, and while I appreciate the sentiment behind the amendment, it would duplicate what happens through clauses 46, 54 and 55. In the light of that explanation, I hope that the hon. Member for Halifax is content to withdraw the amendment. We have had a pretty good debate on clause 46, so I hope that it can stand part of the Bill.

[Holly Lynch]

I am somewhat reassured by the Minister’s remarks. I hope that he will inform Committee members when the draft notices have been finalised; we will continue to keep a close eye on that matter. We will not push the amendment to a vote, but given what the Minister said about the clause, I might move on now to my speech on clause stand part.

--- Later in debate ---

[Tom Pursglove]

I disagree with the hon. Gentleman’s broader interpretation of the situation. We want to identify and help genuine victims as quickly as possible. I would expect cases to be looked at appropriately and individually to ensure that is exactly what happens. There was also a question of whether victims will receive a slavery and trafficking information notice before getting a reasonable grounds decision? Yes, we want to identify victims as soon as possible.

[Holly Lynch]

Will the Minister take an intervention?

[Tom Pursglove]

I will, although I think I had finished my sentence.

[Holly Lynch]

The Minister had, and I am eternally grateful to him for giving way.

It does worry me somewhat that, as I understand it, those decision makers at the Home Office would ordinarily make reasonable grounds decisions very quickly in order to facilitate a swift entry into the NRM. If that will no longer be the case and we will be issuing notices, bearing in mind what we have discussed about trauma and victims taking time to disclose it, that could introduce significant delays for a victim entering the NRM. That really worries me. Could the Minister say any more to assure us that we will not be preventing victims from accessing the support they need by introducing that additional process?

[Tom Pursglove]

I would expect cases to be looked at on an appropriate case-by-case basis that properly takes into account all of the relevant circumstances. It might be advantageous if, in my note to the Committee, I include some commentary on how we expect the process to work, to set that out for Members in more detail and make sure there is no confusion.

Question put, That the clause stand part of the Bill.

--- Later in debate ---

[Tom Pursglove]

I thank the hon. Members for Halifax and for Enfield, Southgate for setting out their case, and for tabling this amendment. I appreciate their consideration of this clause and their concern for a vulnerable group of individuals. Ensuring that clause 47 enables decision makers to take account of individuals’ vulnerabilities is fundamental to our approach. That is why we have included the condition of good reasons, and we will ensure decision makers have the flexibility and discretion to appropriately consider them without prejudicing what that should cover.

What constitutes “good reasons” has purposely not been defined in the Bill. The detail on how to apply good reasons will be set out in guidance for decision makers. This will give decision makers the tools, for instance, to recognise that the age at which traumatic events took place may affect an individual’s ability to accurately recall, share or recognise such events, while maintaining a case-by-case approach. Doing so in guidance will ensure that we also have the flexibility to update and add to the range of considerations undertaken by a decision maker in exercising discretion. To create a carve-out for one group of individuals, as amendment 190 seeks to do, would undermine this approach and create a two-tiered system based on the age at which exploitation may have taken place.

I am sure that this is not the intention of the hon. Member for Halifax, but this amendment could also incentivise individuals to put forward falsified referrals regarding the timing of exploitation to delay removal action. Our approach avoids this potential avenue for misuse, but still allows for important considerations regarding the age of the victim to be looked at. Indeed, reasonable grounds decision making already takes account of the specific vulnerabilities of children by, for instance, not requiring there to be any means of exploitation when establishing whether an individual is a victim.

We believe that the right approach is to provide more detail in guidance on the varied and complicated reasons that may constitute good reasons. These will include the age when the exploitation took place, but a wider range of potential reasons and indicators will also be considered to avoid focusing specifically on one victim cohort. This approach will allow decision makers to consider each case on its merits, whilst considering all the information relevant to their case without prejudging it. To do otherwise would not be appropriate or fair to all victims. Again, I hope that the sector will work with Government to shape those guidelines and ensure that they are right. For these reasons, I respectfully invite the hon. Member to withdraw her amendment.

[Holly Lynch]

I am concerned by some of the Minister’s response. He says that children, and the age of the victim, will be a consideration within good reasons. However, once again we have not got that guidance; it has not been nailed down, so we have no assurances of how the detail will look. He also says that it would not be appropriate to have a different approach for victims based on their age. However, I think that would be entirely responsible and appropriate, and we look to do so throughout a whole range of legislation and legislative approaches. I think it would be a responsible requirement to place on the Government. With that in mind, I will press amendment 190 to a vote.

Question put, That the amendment be made.

--- Later in debate ---

[Holly Lynch]

We very much support the SNP’s amendment 175, which, as we heard, seeks to strike “as damaging” from the clause and hand that discretion back to the Home Office decision maker, as the Minister has already gone to some lengths to assure Members will be the case.

I will also speak to our amendment 163. We seek to mitigate the Government’s refusal to spell out what, if anything, would constitute a good reason for late disclosure. In Committee on Tuesday, the SNP spokesperson, the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East, argued for a similar approach during our debates on part 2. The Minister responded that

“the situation will be set out clearly in guidance. We think that is the better approach, because it allows greater flexibility on the sorts of factors that might be relevant to the disclosure of late information, and obviously on matters that are relevant to individuals circumstances.”––[Official Report, Nationality and Borders Public Bill Committee, 26 October 2021; c. 333.]

I understand the points that the Minister made, but he will appreciate that for the Opposition, it is feels although he is somewhat putting the cart before the horse. We are being asked to consider the clauses in blind faith without the guidance, and one way he could address that is by including something in the Bill. As the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East said earlier, we can debate only what is in front of us.

I expect one thing we can agree on is that no list can ever be exhaustive. I suspect that, as we have heard, the most convincing reasons for late disclosure are ones that we cannot comprehend. It would be nonsense to think that any list would be exhaustive, but without having in front of us any indication of what good reasons might be, we are being asked to take a leap of faith too far. The reasons in amendment 163 include, but are not limited to, a person’s fear of reprisals against them, experiencing pressures related to bonded debt, and being unable to recognise themselves as a victim.

In discussing part 2, again, the Minister went on to say that

“the Home Office will have discretion over who is served an evidence notice and the extent to which credibility is damaged by late evidence”,

and that

“claimants who raise matters late will have the opportunity to provide reasons for that lateness—and where those reasons are good, credibility will not be damaged. Decision makers will have the discretion to determine the extent to which credibility should be damaged, and that determination need not by itself be determinative of a claim”––[Official Report, Nationality and Borders Public Bill Committee, Tuesday 26 October 2021; c. 333.]

I felt that the Minister was very much talking up the discretion that the competent authority decision makers would have, in order to offer us assurances, but that is not reflected in the primary legislation in clause 47. I would be grateful if he could confirm that “good reasons” will be set out within the guidance for NRM decision making, as was the commitment for asylum decision making in part 2.

I would be grateful if the Minister also confirmed when that guidance will be published, and when the training, which he described as being necessary in accompanying the guidance, will begin. I hope he will recognise that amendment 163 is measured and sensible and that he will agree to adopt it.

[Tom Pursglove]

I thank hon. Members for their genuine interest in these matters and for bringing forward their amendments. By introducing a statutory requirement to provide information before a specified date, victims of modern slavery will be identified at the earliest opportunity, ensuring that those who need protection are afforded it quickly. This measure is supported by the provision of legal aid to ensure that possible victims feel able to share information in a safe and supported manner.

It is important to state that the requirement to bring forward information related to being a victim of modern slavery does not mean that referrals brought late will not be considered; all claims of modern slavery will be considered, irrespective of when they are raised. We have purposefully not defined “good reasons” in the Bill, and the detail on how to apply “good reasons” will be set out in guidance for decision makers. That is the appropriate place, giving the Government the flexibility to respond to our ever-increasing understanding of modern slavery victims.

We will of course work carefully with stakeholders as we operationalise guidance to ensure that decision makers have the tools to recognise the effect that traumatic events can have on people’s ability to accurately recall, share, or recognise such events in some instances, while not seeking to prejudge their decision making by placing this detail in legislation. However, as has been recognised, we cannot legislate for every instance where someone may have “good reasons” for providing late information. To attempt to do so would be impractical. It would also limit the discretion and flexibility of decision makers, who are best placed to consider all factors on a case-by-case basis.

Amendment 163 would have the perverse impact of individuals facing different requirements simply because their situation is excluded from the amendment. It also ignores the possibility that a person may identify as one of the listed categories, but their information may be late for unrelated reasons. It would therefore create a blanket acceptance for late information in specific prescribed circumstances, while a vulnerable individual who did not fall within the specified categories would face a different test on whether they had good reason for providing late information. That would be unfair.

As I have set out, it is important that we are clear on the consequence of late disclosure of information in order to provide clarity for decision makers and victims, and to deter possible misuse of the system. Removing the reference to impacting credibility, as amendment 175 seeks to do, would remove our ability to require the provision of information up front. A duty to provide information requires a consequence and I think we are all agreed that seeking information on modern slavery issues up front is of benefit to all. The clause already includes mitigations to the possible consequence of damaged credibility, providing clear safeguards while still addressing the issue of potential misuse. The solution is not to stifle the clause of any robustness.

As I stated, more detail on good reasons and the credibility considerations will be set out in guidance. We will work to ensure that this takes account of vulnerabilities related to an individual’s exploitation. However, as I have outlined, we believe that removing the consideration of credibility as damaging would impede the ability to reduce potential misuse and reduce the impetus to identify victims as early as possible. As a result, that would perpetuate the issues that these clauses are designed to address, to the detriment of victims.

--- Later in debate ---

[Tom Pursglove]

I recognise the invitation to write with more detail around this and I am happy to do that. That would be advantageous to the Committee. Given that time is getting on and we want to continue to make progress, I am very happy to take that request back to the Department. I will provide that information.

The Government will ensure that any changes to processes as a result of these measures are designed in a way that accounts for the impact of trauma. This includes ensuring that individuals working in the system are aware of the factors that can affect the task of obtaining information such as the effects traumatic events can have on people’s ability to accurately recall such events. This assessment will be set out in guidance for decision makers and we will engage stakeholders as we develop it. We will continue to consider all referrals on a case-by-case basis to ensure that support is tailored to the needs of genuine victims.

[Holly Lynch]

We intend to vote against clause 47. It is closely linked to clause 46 and I will try to avoid repetition as we are returning to elements that have been well discussed under part 2 on Tuesday.

The number of survivors able to receive support through the national referral mechanism will be reduced as a result of clause 47.

As the Human Trafficking Foundation outlined in written evidence:

“Introducing a trafficking information notice and so converging immigration with human trafficking risks creating another layer of bureaucracy and so would likely increase the length of time survivors must wait in the NRM.”

If we are to ensure that victims with complex psychological and physical needs are not punished by the system or left in limbo while their claims are processed, the clause cannot stand part of the Bill.

As other hon. Members have said, the Home Office’s own statutory guidance states:

“Victims’ early accounts may be affected by the impact of trauma. This can result in delayed disclosure, difficulty recalling facts, or symptoms of post-traumatic stress disorder… It is also vital for decision makers to have an understanding of the mitigating reasons why a potential victim of modern slavery is incoherent, inconsistent or delays giving details of material facts… Throughout this process it is important to remember that victims of modern slavery have been through trauma”.

The clause runs completely contrary to that guidance.

The VITA Network explained in its consultation response to the new plan for immigration that:

“Psychological trauma causes profound disturbances to normal brain function and memory, including memory loss and inconsistencies”

in recollection. We know that a high proportion of trafficked people experience violence prior to and during trafficking. Long after they have escaped exploitation, many still fear that harm will come to them and their families if they disclose information about their experiences. It is often those who are most in need of protection who will find it the hardest to disclose such information.

In 2015, the PROTECT programme was established. It was an independent piece of research, commissioned and funded by the Department of Health and Social Care’s policy research programme, and led by King’s College London and the London School of Hygiene and Tropical Medicine. The programme aimed to develop evidence to inform the NHS response to human trafficking, and it was comprised of surveys and qualitative research, including interviews with trafficked people and with NHS and non-NHS professionals. It found that psychological distress was highly prevalent: four fifths of women in contact with shelter services screened positive for anxiety, depression or post-traumatic stress disorder at interview.

My hon. Friend the shadow Minister told the harrowing story of Gloria in his contribution on Tuesday, and demonstrated why the clause will be damaging to those who have been subject to trauma. The clause flies in the face of best practice and runs contrary to all we heard from witnesses in oral evidence. Earlier this week, my hon. Friend the Member for Bermondsey and Old Southwark made excellent points about how PTSD is just one reason why the approach in the clause will be unworkable and unconscionable for those who really need our help. We do not seek to punish or discredit other victims for late disclosure, so why are the Government seeking to do so in this case? The clause highlights the inconsistencies and the unjust nature of the Government’s approach.

It is also deeply worrying that the Government have offered no clarity in subsection (2) on the timescales within which individuals would have to provide that information. Will it be days, weeks, months? I would be grateful if the Minister gave us an indication of his thinking on that. As things stand, the clause will put barriers between victims and the support that they need to recover and secure prosecutions against the real criminals, who we all want to see brough to justice. On that basis, we cannot support clause 47.

Question put, That the clause stand part of the Bill.

--- Later in debate ---

[Tom Pursglove]

I thank hon. Members for their interest and valuable contributions to the debate. They have raised important issues around identifying victims who have faced the most heinous crimes. Under the Council of Europe convention on action against trafficking in human beings—ECAT—to which the UK is a signatory, certain obligations flow if there are

“reasonable grounds to believe that a person has been a victim of trafficking”.

The amendment seeks to leave the reasonable grounds threshold as it stands, which is where there are reasonable grounds to believe that a person may be a victim of trafficking.

It is crucial that decision makers are able to quickly and appropriately identify possible victims. That is why we have proposed this minor change to the reasonable grounds threshold to closer align with our international obligations under ECAT and with the devolved Administrations. To not make that change would undermine the clarity on decision making. Additionally, as the amendment relates specifically to the provision of assistance and support to persons, it would create a different threshold from that applied when determining whether a person is a victim of slavery or human trafficking. That would create significant ambiguity around the reasonable grounds threshold and create further separation from our international obligations. For those reasons, I respectfully ask the hon. Member for Halifax to withdraw her amendment.

[Holly Lynch]

I am not entirely satisfied with that response, so I will press the amendment to a vote.

Question put, That the amendment be made.

Nationality and Borders Bill (Tenth sitting)

Debate between Holly Lynch and Tom Pursglove

Committee stage
Tuesday 26th October 2021 Public Bill Committees

[Tom Pursglove]

The hon. Gentleman is a crafty parliamentarian who will, I have no doubt, try to elicit that information from me, but I am afraid that he will be unsuccessful in that endeavour, however hard he tries. The bottom line is that I am not going to get into a running commentary in this Committee about discussions that may or may not be taking place with countries around the world in relation to this policy.

[Holly Lynch (Halifax) (Lab)]

Will the Minister give way?

[Tom Pursglove]

I will give way, but the hon. Lady will get the same response if she is trying to extract the same information from me.

[Holly Lynch]

I am grateful to the Minister for giving way. He might remember that I asked previously whether he had any examples of returns to third countries. He responded in writing with an update this morning. He updates Committee members that

“4,561 ‘notices of intent’ were served to individuals, informing them that inadmissibility action was being considered in their cases.”

So we are not discussing hypotheticals here. The wheels are in motion for individuals. Can he understand that we have got to do our due diligence in pushing for the details, because the consequences for these people who have had notices of intent are very real? That is why we need to put those questions to him.

[Tom Pursglove]

I would make a few points in response. Obviously, removals and deportations generally have been much more difficult to organise during the last 18 months, as a direct consequence of covid-19. That is not unsurprising, and of course it is reflected in the fact that we have seen fewer removals and deportations than we would have expected. It is not the Government’s intention to apply retrospectively the inadmissability measures we are talking about. That is an important point in providing clarity for the Committee.

We are committed to upholding our international obligations including under the 1951 refugee convention, and that will not change. While people are endangering lives making perilous journeys, we must fix the system to prevent abuse of that system and the criminality associated with it. Our aim is that the suite of measures in the Bill, including those in clause 26 and schedule 3, will disincentivise people from making dangerous journeys across Europe to the UK, and encourage people to claim asylum in the first safe country they reach.

Nationality and Borders Bill (Eighth sitting)

Debate between Holly Lynch and Tom Pursglove

Committee stage
Thursday 21st October 2021 Public Bill Committees

[Holly Lynch]

Given the merits of these advisory committees which the Minister has set out, and given that, in relation to Napier and Penally Barracks, the Home Office ignored advice from Public Health England in a pandemic, the weight that the advisory committee would carry really does matter. He said that Napier Barracks is still contingency accommodation rather than an accommodation centre. Would he consider setting up an advisory committee for Napier Barracks?

[Tom Pursglove]

I will certainly take away the hon. Lady’s suggestion and feed that through to the Under-Secretary of State for the Home Department, my hon. Friend the Member for Torbay (Kevin Foster), who shares responsibility for immigration with me at the Home Office.

--- Later in debate ---

[Holly Lynch]

Could the Minister update Members about how many people have been returned to safe third countries since those legal changes came into effect?

[Tom Pursglove]

I am afraid that I do not have those figures to hand, but I will take that request away—very gladly—and I will share that information with the Committee when I have it.

Clause 11 amends section 25 of the Nationality, Immigration and Asylum Act 2002, so that these periods of time may be changed, by order, to allow for longer or shorter periods. The clause will also provide the flexibility to ensure that individuals remain in accommodation centres for as long as that form of housing and the other support and arrangements on site are appropriate to their circumstances. I encourage the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East to withdraw his amendment.

Nationality and Borders Bill (Fourth sitting)

Debate between Holly Lynch and Tom Pursglove

Committee stage
Thursday 23rd September 2021 Public Bill Committees

[Holly Lynch]

Thank you. Ms Mullally?

Siobhán Mullally: The state has very specific obligations to protect victims and potential victims of trafficking, and there are very specific provisions under the Council of Europe convention on action against trafficking in human beings with regard to missing children, whether those are foreign nationals or not. Internal trafficking is a very serious concern that is often not recognised sufficiently in many jurisdictions, not exclusively the United Kingdom.

A concern was raised previously by the Council of Europe group of experts on action against trafficking, the treaty monitoring body under the convention on action against trafficking, about children going missing in the UK—particularly unaccompanied, separated asylum-seeking children, but also child victims of trafficking internally. Of course, there are very serious obligations on the state to provide protection to all children without discrimination.

One concern with regard to the trafficking context can be that sometimes the child victims and adult victims go outside of the ordinary protection mechanisms and are not treated with the same urgency that they ought to be, but there are very specific obligations on the state to try to respond effectively and in a timely way to prevent that, and to ensure protection.

[Tom Pursglove]

Q Just a few questions for Dame Sara, if I may. As you will know, we are bringing in more staff as decision makers, and we have brought in the new modern slavery victim care contract. For the benefit of the Committee, can you describe what the principal drivers of the pressure on the national referral mechanism are, from your perspective?

Dame Sara Thornton: Thank you, Minister, and I very much welcome the new staff who are being recruited into the single competent authority, because I have raised the need to speed up decision making with your predecessors on many occasions.

The biggest cause of difficulty, I think, is the increased numbers. Although 2020 was similar to 2019, with about 10,600 referrals into the NRM, that number has doubled in three or four years, so there is substantial pressure. The other thing that is happening, as I mentioned earlier on, is child criminal exploitation and the cases of children. Those decisions need to be made quickly, because there are often related proceedings. Having been to the single competent authority and spoken to the staff, what tends to happen is that all those priorities keep going to the top of the pile and then there are an awful lot of cases in the backlog. On the whole, it has been about increased demand, and the resources just have not been able to keep up with it. So I welcome the fact that there are new staff. It will take a while for them to be trained and to be competent, but that is a good thing.

The second thing, which is identified in a report I published last year, is that one of the difficulties for the decision makers in that competent authority is that they do not always have all the information. They have some information, but they are often having to make decisions on partial information. They might have asked local authorities, they might have asked police forces or they might have asked Border Force. They do not always get the replies and therefore they are having to do the best in difficult circumstances. Staff have been under huge pressure and I hope we can begin to bring those averages down and bring the weight down.

--- Later in debate ---

[Holly Lynch]

Q Based on what you have just said, this came as a bit of a surprise. Would it be fair to say that you think that part 4, on modern slavery, does not belong in a piece of legislation around borders? Perhaps it should be removed, the consultation process should be done properly, and then revised proposals around properly tackling modern slavery and trafficking, supporting victims and bringing perpetrators to justice, could come back in a way that we would all like to see?

Patricia Cabral: I think that would be preferable, given that we have got a review of the whole of the modern slavery strategy. What we do not want to risk is the progress that has been made, and the good provisions that have been made, through the UK’s modern slavery strategy, potentially getting rolled back. That is the big concern. What we should be doing is improving things. I would support looking at the provisions around modern slavery and trafficking as safeguarding matters, rather than immigration matters. Obviously, there are enforcement matters related, but there is confusion. I draw the Committee’s attention to the Government’s 2014 review, by Jeremy Oppenheim, which led to revisions of the national referral mechanism to separate immigration decisions from matters of modern slavery. The provisions in part 4 are rolling that back quite considerably.

[Tom Pursglove]

Q I have one further question. On Tuesday, one of the issues that the local government witnesses referred to as being particularly problematic was around age assessments. I would be interested to know whether any of the witnesses have come into contact with that challenge? They mentioned that sometimes those cases end up in quite long and protracted judicial review processes. I would be keen to hear any reflections that the witnesses have around the Bill’s approach to this.

Adrian Berry: I do not know whether the other witnesses have had experience of age assessment trials—I have. This Committee cannot scrutinise that clause in the Bill, because all you have put in it is a placeholder clause, with the detail said to be coming later on. We are not in a position to scrutinise it, and I cannot tell you what it says, because you had not finished the Bill before publishing.

Age assessment trials are trials; although they take place within a judicial review context, they are full trials with witnesses, and over time the courts have developed a system for case managing those trials. The difficulties that arise would arise in any context. In other words, it is very difficult to tell how old someone is. It is a process that requires expert evidence and the gathering of timelines and the chronologies of people’s journeys, and their explanations. That would take time in any context. Until we see the detail of what you propose, the age assessment provision simply cannot be assessed. We hope you bring forward the actual clause by Report.