Northern Ireland (Executive Formation etc) Act 2019 Section 5

Robin Walker Excerpts

Monday 30th September 2019 Commons Chamber

[The Parliamentary Under-Secretary of State for Northern Ireland (Mr Robin Walker)]

I beg to move,

That this House takes note of and approves the Report pursuant to Section 3(12) of the Northern Ireland (Executive Formation etc) Act 2019 - Use of discretionary powers to provide assistance and support under section 18(9) of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015, which was laid before this House on Wednesday 4 September.

It is an honour to speak for the first time as a Northern Ireland Office Minister, though by no means for the first time on Northern Ireland matters.

On 4 September, my right hon. Friend the Secretary of State laid before Parliament a report on the use of powers to provide support and assistance under section 18(9) of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015. As Members will know, the policy on modern slavery is a devolved matter in Northern Ireland and is dealt with by the Northern Ireland Department of Justice. I thank officials from the Department for the assistance they have provided in producing this report.

Modern slavery is a truly abhorrent practice that can often have long-lasting physical and psychological effects on its victims. It is unsettling to realise that those who are vulnerable in our society could be subjected to such crimes, but the distressing reality is that callous traffickers and enslavers are operating across the UK, including in Northern Ireland. I recognise and welcome the significant good work that daily continues to be taken forward by partners in Northern Ireland, across Government and by statutory agencies, civil society and the Police Service of Northern Ireland, in seeking to tackle this issue.

We know that modern slavery is happening in Northern Ireland and I am aware that the Department of Justice has recently welcomed a number of convictions under the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act. This is encouraging, as it undermines any low-risk, high-profit perceptions that might have been held by exploiters and traffickers and sends out a strong message that modern slavery will not be tolerated in Northern Ireland. As with the rest of the UK, Northern Ireland has in general seen increasing numbers of referrals to the national referral mechanism over the past five years.

[Jim Shannon (Strangford) (DUP)]

Will the Minister congratulate the PSNI on what it did today and over the weekend when it caught some of those involved in human trafficking and its after-effects? Does it perhaps show that the PSNI needs this legislative back-up to pursue criminals who do not care about people as individuals but look upon the people they traffic not as people but as commodities? The PSNI can do its job, but the Minister and the Government need to do theirs alongside it.

[Mr Walker]

The hon. Gentleman makes a powerful point. I was going to come to the actions of the PSNI in my closing remarks, but let me congratulate it on its work. It is clear that, while the legislative framework is slightly different in Northern Ireland from that in the UK, it is enforcing the law actively, which sends an important message to the traffickers. He will recognise that the report relates to specific support under the law of Northern Ireland, rather than to the issue of who is arrested and for what, but his point is very valid, and certainly I am unstinting in my praise for the work of the PSNI in protecting the victims of trafficking and indeed protecting the whole of society across Northern Ireland.

[Lady Hermon (North Down) (Ind)]

I welcome the Minister to the Northern Ireland Office. He did a superb job in the Brexit Department and I am absolutely delighted, as I am sure is everyone, to have him in the Northern Ireland Office, though we regret that we have to share him with the Scotland Office.

I am grateful to the Minister for his praise for the work of the PSNI—it is right that he praised it—but I am concerned about the aftercare for those trafficked. There is a growing number of particularly women but also men who have been trafficked and rescued—thank goodness—by the PSNI. What happens to them afterwards? Does the Department of Justice in Northern Ireland have a record of those who are deported? More to the point, are they allowed to stay in Northern Ireland and given settled status when they are rescued from the horrible ordeal of being trafficked?

[Mr Walker]

The hon. Lady makes a powerful point. I want to come to the elements in the report that focus on the support to victims of trafficking—that is what it is really focused on. It is important that we send a message, as we have done in our many discussions in the wider debate about human trafficking in this place—that the victims should be protected and reassured wherever possible that their rights will be respected. I join her in acknowledging that.

The number of referrals has gone up, perhaps as a result of greater awareness of the issue and increased reporting. Tackling modern slavery is a key priority for the Department of Justice in Northern Ireland and, as we have discussed, for the PSNI, and I commend them for the work they have done with other Departments that have significant roles, such as the Department of Health, which is responsible for child protection.

I know that across the statutory agencies and civil society organisations with which the Department is working there is a group of hugely committed and dedicated people who are pursuing offenders, providing essential support to victims so that they can rebuild their lives, and actively raising awareness or trying to reduce demand.

[Jim Shannon]

There is an organisation in my main town of Newtownards. It is a charity group and probably a church group as well. The hon. Member for North Down (Lady Hermon) referred to aftercare and the follow-on. I think that is what it does. Will there be funding, grant aid and assistance to help those organisations doing such marvellous work, albeit under the radar—they have probably never heard their name mentioned. They are doing the work where it matters and some assistance to help them would be gratefully received if possible.

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[Mr Walker]

I recognise the hon. Gentleman’s support for the organisation in his constituency and his bid for assistance. As he will appreciate, the report we are discussing is specifically focused on one element of this, but I will take that away and take it up as something we can discuss as we move forward.

[Emma Little Pengelly (Belfast South) (DUP)]

rose—

[Mr Walker]

I will give way to the hon. Lady, but then I will make some progress so that we can get into the meat of the report.

[Emma Little Pengelly]

I note from the report that the immigration status of those who have been rescued and entered the system is not held. I want to echo the point made by my hon. Friend the Member for North Down (Lady Hermon) about aftercare. If this information is not held, as indicated in the report, how can we be sure that those who have suffered from human trafficking are being looked after on their onward journey and not experiencing problems with settled status and potentially being deported?

[Mr Walker]

I want to come to the specific point about the information that the report does and does not contain. Clearly, as it sets out, there were concerns, given the small number of individuals involved, that to disclose their immigration status could result in some of them being identified. That was the reason the Northern Ireland civil service did not want to go further in disclosing that information. That said, the hon. Lady raises an important point: the aftercare should be there.

[Gavin Robinson (Belfast East) (DUP)]

The paucity of information in the report is staggering and the response about immigration status totally inadequate. It says that the Department of Justice does not hold this information and would have concerns if it did because of the limited number of people involved. The legislation passed by this House does not ask for that information from the Department, as is accepted in the second footnote where it states it would be possible for a competent authority to provide the information. We would understand that to be the Home Office. If there had been any serious intent behind the research for this report to the House, in compliance with the legislation, it would not have been much trouble to ask the Home Office for that relevant information. It is a point of concern. It has been raised by three Members now and it would be appropriate for the Minister to push back and ask for that information.

[Mr Walker]

I certainly take onboard that feedback from a number of Members, but it is not just that the Department of Justice in Northern Ireland does not hold that information. We recognise that another competent authority could advise on immigration status, but given the small number of victims involved—16 over three years—the concern was that information on their immigration status could make it possible to discern their identity. That is why the view was taken not to include that information in the report, but I recognise the strength of feeling, and I will reflect on it in any follow-up action.

I want to come back to the Department of Justice’s role. I have read its 2019-20 modern slavery strategy and I note the priorities of pursuing offenders, protecting victims and preventing further vulnerability to modern slavery. The nature of Northern Ireland and its structures—one police service, five health and social care trusts—and its relatively small geographical size can only help to support a truly joined-up strategic and operational response. Partnership is key to delivering that strategy, as are training and awareness, together with strong links with colleagues in neighbouring jurisdictions.

The report, which was laid before Parliament on 4 September, contains information specifically on how many times the Department of Justice has considered it necessary to provide ongoing assistance and support for victims of human trafficking for whom there has been a conclusive determination that the person is a victim of trafficking of human beings, under the discretionary power under section 18(9) of the 2015 Act. It also outlines the reasons the Department has decided it is necessary to provide that support. I recognise the importance of the support that is provided to adult potential victims of modern slavery under section 18 to assist them in recovering from their experiences—we should acknowledge that separate arrangements are in place for children.

It was clearly the will of Parliament that the Secretary of State should report on this issue. We have already discussed the caveats for the one area where we have perhaps been unable to report in the detail that the legislation originally specified. I will certainly take away the strength of feeling that we have already heard in the debate, and I look forward to hearing what hon. Members across the House have to say.

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[Mr Robin Walker]

I am grateful to hon. Members on both sides of the House for this wide-ranging discussion; they will recognise that it has sometimes ranged beyond the confines of the specific legislation and report before us.

It is a pleasure to face the hon. Member for Bristol South (Karin Smyth) across the Dispatch Box. I have enjoyed working with her at the British-Irish Parliamentary Assembly, and I recognise and share the interests of Members on both sides of the House, and in the other place, in ensuring that support is available to all victims of human trafficking, both adults and, as my hon. Friend the Member for Wellingborough (Mr Bone) said, children, although children are not specifically within the scope of this report.

The hon. Member for Bristol South asked about the common travel area and cross-border co-operation between the PSNI and the Garda, and I assure her that we are confident that that will continue in all Brexit scenarios—those discussions will continue. She asked about extra police officers for Northern Ireland and, even though that is not specifically part of this report, I am happy to be part of a Government who are supporting extra police officers across the UK. I understand that around 206 extra officers have been recruited in this financial year as a result of extra support from the Treasury for the PSNI, which has also sustained 102 more officers recruited over the past financial year.

Modern slavery is a global issue, but it is also a local one. It is widely accepted that there are more slaves in the world today than at any point in human history, which is a shocking thought. As my hon. Friend the Member for Congleton (Fiona Bruce) said, Northern Ireland has, in many ways, pioneered action in this space. As the hon. Member for Belfast South (Emma Little Pengelly) said, that is a reason to celebrate the work of the Northern Ireland Assembly. As we debate these motions and regret the absence of the Northern Ireland Assembly, we should celebrate that good work where we have seen the Assembly leading the way.

I am grateful to all those involved in developing and implementing the strategy at the Department of Justice, and I am sure there will continue to be a sustained and increased collaboration with the voluntary service, which my hon. Friend the Member for Wellingborough rightly praised as outstanding.

I acknowledge and commend the Northern Ireland civil service for its progress on these matters in the current difficult circumstances, and I look forward to a time when these issues can be properly considered by a restored Northern Ireland Assembly which, as the hon. Member for Belfast South said, can look at the evidence and take this issue forward.

As we discussed, there were a number of arrests in Northern Ireland over the weekend for crimes related to human trafficking, and Members across the House will join me in praising the work of the PSNI in that respect.

My hon. Friend the Member for Congleton asked specific questions about the guidance, and I refer her to the letter from Lord Duncan to Lord Morrow. I am happy to make sure a copy of that letter is placed in the Library for all Members to look at because, as the hon. Member for Belfast South said, it makes the point that support is extended on a case-by-case basis and is not based on specific guidance. When we go into more detail, the body of the report sets out the general policy intent to accommodate those cases where a short transitional period may be needed to facilitate a smooth transition for individuals exiting Department of Justice-funded support into mainstream agreements. I can confirm that, where an extension of support has been requested, it has been extended in all cases until that transition is facilitated.

A number of hon. Members on both sides of the House raised areas where they would like to see this issue taken further, and my hon. Friend the Member for Congleton talked about her wider campaign and the legislation before the House in other areas. Recognising, of course, that responsibilities for this area sit with the Home Office, the Northern Ireland civil service and the Department of Justice, as well as with the Northern Ireland Office, I am happy to take up her invitation for a meeting.

Question put and agreed to.

Resolved,

That this House takes note of and approves the Report pursuant to Section 3(12) of the Northern Ireland (Executive Formation etc) Act 2019 - Use of discretionary powers to provide assistance and support under section 18(9) of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015, which was laid before this House on Wednesday 4 September.