Sentencing Bill

Lord Jackson of Peterborough Excerpts

Wednesday 3rd December 2025 Lords Chamber

[Baroness Hamwee (LD)]

I have Amendment 141A in this group, probing the position with regard to people who have been victims or survivors of modern slavery, human trafficking or domestic abuse.

The large majority of black and minoritised migrant women in contact with the criminal justice system are survivors of human trafficking and/or violence against women and girls. This often happens when a trafficker or abuser identifies their vulnerability, often resulting from unmet basic needs such as housing, income and healthcare. Their criminal convictions will have stemmed very often from the abuse they have suffered, and whether they were coerced into offending or acting under the influence of unaddressed trauma.

In the case of women, particularly, who have been trafficked, we know that the section—I forget the number—in the Modern Slavery Act that seeks to protect them is not working well. The very fact of deportation adds to the vulnerability to abuse; it often leaves the person subject to it without accommodation or income, and it removes community and support networks, in many cases leaving them in a place they are not familiar with. The risk of deportation has a similar effect. A person may be left without ways in which to meet their basic needs and in fear, and the fear itself adds to the vulnerability, which is capitalised on by abusers. This is particularly true for people who are already traumatised by previous abuse and exploitation.

We know that victims of human trafficking and modern slavery—and victims of domestic abuse—need specialist support and protection from re-exploitation and further abuse. I have used the term “she” because very often, mostly, it is a she. We know too that women have particular needs, largely stemming from their own backgrounds.

[Lord Jackson of Peterborough (Con)]

My Lords, I will speak to the amendments in my name. I will also briefly comment on the excellent remarks of the noble Lord, Lord Verdirame. I too have great sympathy with his comments and have read the interesting article that Richard Ekins KC produced in the Spectator on 11 August. The noble Lord outlines the case very eloquently and I am minded to support his amendment because it is logical and sensible. It really goes to the heart of a philosophical debate about whether the Government’s proposals essentially forget the raison d’être of rehabilitation, re-education and punishment. If the system is predisposed just to deport someone then you are not really concentrating on some key aspects of the criminal justice system with regard to incarceration. The noble Lord’s comments and amendment are therefore logical.

I do not agree with the noble Baroness, Lady Hamwee. I think that, as usual, her heart is in the right place but, in this case, her amendment would gum up the system and be misused by, in my opinion, activist judges to prevent the deportation of people who should be deported for the public good, safety and security. I therefore cannot support it.

I will not dwell too long on Amendment 142. It is pretty straightforward and the hour is late, but I do want to discuss at reasonable length my Amendment 146. We are now reaching the end of the Bill; we are on Part 4 and Clause 42, which is on the deportation of foreign national offenders. My amendment seeks to ensure that all British citizens, including those in Northern Ireland, can rely on their Government and their sovereign Parliament in Westminster to enact legislation on their behalf, including Clause 42, which was passed without vote, as I understand, in the other place.

However, due to the iniquitous and unfair Windsor Framework and the capitulation by the previous Government—of my party, sadly—in putting it into legislation, thereby making Northern Ireland an effective colony of the European Union, this legislation will not apply to Northern Ireland. Its people, who are British citizens, subjects of the Crown and taxpayers, will again be treated as second-class citizens as a result of this Bill, if my amendment is not accepted. Article 2(1) of the Windsor Framework effectively disregards the will of the sovereign Parliament of the United Kingdom, of this unitary state of the United Kingdom of Great Britain and Northern Ireland, in favour of a foreign legal entity and a foreign jurisdiction—laws over which residents of Northern Ireland have no say and whose fundamental rights are circumscribed; they do not have equal citizenship with UK citizens in England, Wales and Scotland.

These people are subject to the direct effect of Union law—European Union law, made in a foreign Parliament, designed by a faceless, unaccountable bureaucracy and unelected politicians who appoint each other—by virtue of Section 7A of the European Union (Withdrawal) Act 2018, which gives direct effect to such provisions automatically as part of UK domestic law, subject to those EU provisions. This, of course, trumps all UK domestic law, for the Supreme Court has opined:

“The answer to any conflict between the Protocol”—


that is, the Windsor Framework—

“and any other enactment whenever passed or made is that those other enactments are to be read and have effect subject to the rights and obligations which are to be recognised and available in domestic law by virtue of section 7A(2)”.

Yes, a Conservative Government legislated to make UK law permanently subservient to EU law in a significant part of the United Kingdom. In fact, this affects 300 areas of law across every aspect of life in Northern Ireland.

--- Later in debate ---

[Lord Timpson (Lab)]

I will write to the noble Baroness with exact details. I have quite a few details in my head, but I want to get it right, so I will write.

[Lord Jackson of Peterborough (Con)]

Very briefly, my Lords, I want to thank the Minister for his very helpful, illuminating and quite reassuring answer, which those of us who spoke to Amendment 146 are grateful for.

[Lord Verdirame (Non-Afl)]

My Lords, I thank the Minister for his answer. I too would like to hear more about prisoner transfer agreements. They are the best policy solution in this area, so I am glad to hear that the Government are still pursuing that route. On whether the three-year limit is more or less restrictive, it is true that it does not feature in the legislation currently, but the key element of the current regime is that foreign offenders have to serve 50% of the custodial part of their sentence. That 50% has been reduced to 30% following the statutory instrument a few weeks ago, but Clause 32 would reduce the 30% to zero. In that context, the three-year limit would not be more restrictive.

However, with that in mind, I very much look forward to the Minister’s letter dealing with the other questions that I raised. I hope that he will be able in due course to meet me and others who are interested in this amendment to discuss what to do on Report. I beg leave to withdraw my amendment.