Immigration and Asylum Bill (Twelfth sitting)

Siân Berry Excerpts

Committee stage
Tuesday 27th October 2026 Public Bill Committees

[Matt Vickers (Stockton West) (Con)]

It is a pleasure to serve under your chairmanship, Mr Twigg.

As we read the amended clause, the national security ground applies regardless of age. I would be grateful if the Minister confirmed that, where a child has been groomed and exploited into offending, that must be properly weighed. The public also expect serious offending by under-18s to be dealt with, so the Minister should tell us what assessment has been made of the cases affected and how the safeguarding, criminal justice and security systems will handle that.

The bad faith provisions apply to claims made as an adult, including where someone knowingly provides false information or makes a claim when their removal is due. We all know the pattern of the claim that appears at the 11th hour, just as the flight is booked. The Home Office’s own figures show the scale of this: last year, around a third of charter flight returns that failed to go ahead involved a modern slavery referral made after the return had been arranged. On flights with an out-of-hours decision service, three quarters of the referrals were made between 3 pm the day before and 6 am on the day of removal, with one in seven made after 11 pm. Members can draw their own conclusions about what that pattern tells us.

The clause contains exceptions to the timing rule when someone met a claim notice deadline or had compelling reasons for not claiming earlier. Those exceptions have their place, but “compelling reasons” has to mean something. It cannot become a catch-all for explaining away every claim made at the departure gate. I would welcome the Minister giving the Committee examples of what would and would not meet that test, and telling us who will make that judgment. A late claim and a knowingly fabricated one are not the same thing. Decisions needs clear reasons if they are to survive a challenge. Otherwise, an attempt to tackle delay just produces another round of litigation.

Government amendments 116 and 117 take the provisions on leave out of disqualification sections, and amendment 118 deals with leave in section 65 of the Nationality and Borders Act 2022, covering national security, adult public order cases and bad faith claims made as an adult. We accept that restructuring, but the decisions on protection and leave must join up. The Minister should set out how existing grants of leave will be reviewed and how revocation decisions will be made where the law allows. Disqualification is not removal. The point I made about clause 37 applies here in full. Once a disqualification decision is made, the case must not fall into the gap between two processes. These measures are a step in the right direction, and we support clause 38 and the Government’s amendments. We look to the Minister to show that the amended clause will work in practice.

[Siân Berry (Brighton Pavilion) (Green)]

I wish to speak briefly against clause 38. Public order disqualification, in the way it has been applied so far, has exacerbated ongoing systemic issues arising from failures in identification and safeguards within the criminal justice system. Available evidence shows that this provision has disproportionately affected individuals subjected to criminal exploitation.

As we heard when discussing previous clauses, many survivors of criminal exploitation were forced to commit offences as part of their exploitation. They are often prosecuted for those crimes as a result of gaps in the application of the non-punishment principle in the UK, including defences under section 45 of the Modern Slavery Act 2015. Those who have criminal convictions are at heightened risk of exploitation, too. The criminalisation of survivors has been used time and again as a tool to control people and keep them in exploitation. The clause is an unnecessary extension of existing harms and should be dropped.

[The Minister for Border Security and Asylum (Anna Turley)]

It is a pleasure to serve under chairmanship, Mr Twigg. I thank colleagues for their contributions to the discussion of the clause.

Clause 38 strengthens and clarifies the public order and bad faith disqualification frameworks due to long-standing challenges in their practical operation, especially in cases involving foreign national offenders. It expands the grounds on which an individual can be disqualified if they pose a threat to national security or public order by including suspended sentences to reflect the changes in the Sentencing Act 2020. It provides clarity in statute as to what is meant by bad faith, ensuring that those who seek to misuse the system with false and fabricated claims, or by raising information for the first time only after removal directions have been set, can be disqualified, ensuring that they are not able to take advantage of the generosity of our system.

The clause also makes it clear that no further modern slavery decision making is required should someone become disqualified. Finally, it exempts child victims from disqualification on public order grounds and makes the exemption for all victims where the risk of re-trafficking is clear. The clause provides a more consistent and robust approach to disqualification decisions and strengthens the Government’s ability to respond where individuals pose a threat to public order or seek to misuse the system.

I shall respond to some of the points that hon. Members made. The shadow Minister asked for case studies or examples of where the clause would be implemented. Suppose that individual C is convicted and receives an 11-month custodial sentence for common assault, battery or breach of a restraining order, which are not covered by public order disqualifications; when they raise modern slavery grounds, that is considered by the national referral mechanism. Where they are a victim, the individual will proceed through the decision-making stages, gaining protection from removal and access to support, and on to a conclusive grounds determination. Where they have ongoing needs and no right to remain, they would get a temporary permission to stay consideration.

Under the new system, even if individual C is a modern slavery victim, a foreign national offender who has received any custodial sentence, including a suspended sentence, will fall within scope of public order disqualification. Where the disqualification is applied, they will be disqualified from support and no further decision making on modern slavery will take place unless an “immediate and significant” risk of re-trafficking in the UK is identified. That means they will not receive a conclusive grounds decision and will not therefore be eligible for temporary permission to stay. British nationals are subject to a different threshold; they will be disqualified on the basis of a public order threat where they have committed one of the crimes set out in section 4 of the Modern Slavery Act 2015.

The shadow Minister also asked why children are still in scope of the national security limit disqualification. It is right that we can withhold modern slavery protections where an individual poses a threat to national security. That principle should apply regardless of age. Retaining the power to disqualify a child on national security grounds exists solely as a backstop for the rare circumstances in which an individual under 18 poses a significantly serious national security threat and disqualification from the national referral mechanism is therefore appropriate. The exception to disqualification where there is a risk of re-trafficking in the UK will still apply and require decision makers to consider the facts of each case.

This approach intends to strike an appropriate balance between safeguarding children and ensuring that national security considerations are prioritised where necessary. In parallel with our modern slavery response, the UK has one of the most robust counter-terrorism frameworks in the world. Prevent is one of the four pillars of the UK’s counter-terrorism strategy; it operates in the non-criminal space and is designed to support people away from radicalisation before they commit an offence. The Home Office is testing new approaches to better spot and refer individuals at risk of radicalisation online, and testing how those insights can be translated into timely, proportionate interventions. That is particularly important considering the rise in children being arrested for terrorism-related activity, much of which is carried out online.

The hon. Member for Brighton Pavilion asked about how we will ensure people who are exploited in criminal activity will not be unduly penalised for the exploitation that they have suffered. It is important to flag that the criminal justice system contains safeguards against penalising victims of exploitation, including under section 45 of the Modern Slavery Act 2015. That provides a defence in criminal proceedings for people who have been forced or compelled to commit crimes through slavery or exploitation. Clause 38 also expressly sets out that disqualification will not apply where a person is considered to be at “immediate and significant risk” of exploitation in the UK.

I hope I have responded to all of the questions that hon. Members had and provided clarification. I commend amendments 114 to 118 and clause 38 to the Committee.

Amendment 114 agreed to..

Amendment 115 to 118 agreed to.

Clause 38, as amended, ordered to stand part of the Bill.

Clause 39

Removal of duty to grant leave to remain to assist recovery

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[Siân Berry]

My new clause 29 is intended as a replacement for clause 39, being a redrafted version of it. It would give limited leave to remain to all victims of slavery or human trafficking, and prevent such leave being withheld if the Secretary of State believes that a victim’s needs can be met elsewhere.

Clause 39 removes the Secretary of State’s duty to grant temporary permission to stay for the purpose of assisting survivors in their recovery from any physical or psychological harm arising from their exploitation. That is currently the most common reason for granting leave to remain of this kind, and 96% of those granted leave to remain as victims of trafficking in 2024 were given it for recovery purposes. Grants of leave continue to be low, however, and are usually for very short periods, leaving survivors at risk. Clearly, removing the duty altogether will reduce grants further and cause harm. Forcibly returning more survivors of trafficking to their countries risks disrupting existing therapy and support, leaving them unable to obtain specialist care and putting them at further risk on return, including of re-trafficking.

We must remember the purpose of survivors securing limited leave and, as I propose, long-term immigration status. It provides victims with the security necessary to engage meaningfully with recovery, protection and support processes and to rebuild their lives free from the influence of traffickers. This is the essence of our obligations under international agreements. Insecure immigration status is a well-recognised vulnerability factor that perpetrators frequently exploit to facilitate and maintain survivors’ exploitation, using the threat of immigration enforcement, detention or removal as a means of control.

As my new clause sets out, granting a 60-month residency permit with a pathway to settlement is an essential safeguard in addressing these vulnerabilities, freeing people from exploitation, bringing perpetrators to justice and providing meaningful protection and support to victims, while supporting their reintegration into society and rebuilding their independence.

It is so important that survivors have this alternative route to leave to remain. The Minister has talked about other options for people within the immigration system, but there are examples of migrant victims of human trafficking or modern slavery with a valid skilled worker visa who have been denied VTS leave on those grounds. That meant that those victims could be tied to their exploiters due to their visas, including those co-operating with the authorities to prosecute their exploiters.

Following legal challenge in August 2026, the Home Office conceded that discretion can be exercised when considering whether or not to grant VTS leave to someone with a valid skilled worker visa. From what the Minister has said today, clause 39 seems to be reversing that. We know now that the concession is applied only on a discretionary basis, and is therefore susceptible to a range of variables. The need for a duty to grant long-term leave to victims remains critical in providing recovery, protection and support for survivors and in preventing trafficking and modern slavery going further.

The Government, as well as providing no rationale for the scrapping of VTS leave, have not provided any data showing how many survivors of trafficking are granted leave by other routes. If the Government press ahead with this measure, they should provide further evidence and detail on how these rights will still be protected under the clause.

[Matt Vickers]

Supporting a victim of modern slavery and deciding what immigration permission that person should have are related questions, but they are not the same. The law must protect people who have been exploited while maintaining an immigration system that is controlled, and that the public can have confidence in. Clause 39 removes the specific duty to grant limited leave to help someone recover from physical or psychological harm caused by their exploitation. It keeps the duty where leave is needed for a victim to seek compensation or to co-operate with an investigation or criminal proceedings.

Whatever some may claim, this is not the removal of every route by which a confirmed victim can receive leave. The Opposition support keeping this route focused on a specific, evidenced need. A finding that someone has been exploited does not answer every question about where they should live or for how long. The Minister needs to tell us how this will work for a genuine victim who still needs help, and how continuity of recovery support will be ensured.

There is also a bigger point here: the grounds that remain are the ones that matter most for bringing traffickers to justice. However, according to the figures that charities have put before the Committee, in 2024 only a handful of grants were made so that victims could seek compensation or help with criminal proceedings. A prosecution that collapses because the key witness left the country is a win for the trafficker, and nobody on the Committee wants that. Can the Minister tell us how the Home Office will ensure that these remaining grounds are actually used, and that its decisions never undermine a victim’s ability to help put an exploiter behind bars?

Government amendment 119 adds existing leave to enter and the right of abode to the circumstances in which there is no duty to grant leave under this provision. Avoiding duplication makes sense, and we support it. New clause 29 goes in a very different direction: it would require at least five years’ leave for qualifying confirmed victims, with access to public funds and permission to work, as well as eligibility for settlement after five years’ residence with any form of leave. That is a very substantial immigration proposal, and it would send exactly the wrong signal to the gangs who sell places on small boats. We oppose it.

Being recognised as a victim is a serious finding, but it should not automatically settle the separate question of a long period of residence, access to public funds and a route to settlement. Those who back the new clause need to explain why five years is the right minimum in every single qualifying case; how many people it would cover; what it would cost in housing and public services; and why residence under any form of leave should count towards settlement. We support clause 39 and Government amendment 119, and we hope that the Minister will set out the safeguards that will sit alongside them.

[Anna Turley]

I thank all the hon. Members who have tabled amendments in this group and contributed to the debate. I want to start with new clause 29, tabled by the hon. Member for Brighton Pavilion. As was set out earlier, it would grant eligible confirmed victims of modern slavery at least five years’ leave to remain, with a route towards settlement.

I want to be clear that temporary permission to stay is a targeted and temporary form of leave designed to meet specific needs arising from an individual’s experience of exploitation that meets the UK’s international obligations under the Council of Europe convention on action against trafficking in human beings. Temporary permission to stay will continue to be available where it is necessary for a confirmed victim to remain in the UK to co-operate with law enforcement agencies in the investigation of crimes or to seek compensation in relation to their exploitation.

New clause 29 would require the Government to grant leave in a way that would go beyond what is proportionate or reasonable and would significantly exceed what is required under our international obligations.

[Siân Berry]

I asked in my speech not about people claiming asylum but about those here under other forms of immigration status. Does the Minister not see the replacement of those with VTS leave being reduced as a result of clause 39? That is one of the problems that I wanted to raise. When people are here under potentially coercive forms of leave, such as sponsored work visas, will VTS leave still be available as a replacement to prevent people being left in the hands of exploiters?

[Anna Turley]

I will cover that in the more in-depth response to the hon. Lady’s comments at the appropriate time.

As I said, the new clause would require the Government to grant leave in a way that would go beyond what is proportionate or reasonable, and that would significantly exceed what is required under our international obligations. When individuals require protection or are seeking to remain in the UK, other routes remain available, depending on the individual circumstances. Creating an automatic pathway to long-term leave and settlement through modern slavery provisions would conflate the modern slavery identification and support system with an immigration route, and thus risks blurring that distinction. That has the potential to increase opportunities for improper use of the system and would have significant implications for wider immigration objectives, which we have been clear must operate on the principles of fairness.

I hope to cover some of the points that the hon. Member for Brighton Pavilion raised—if I fail to pick them up, I ask her to come back to me or I can respond in writing. She asked whether the temporary permission to stay framework meets our international obligations. Decision to grant temporary permission to stay does not automatically lead to removal from the UK. There are various routes to remain in the UK that will remain available to foreign nationals depending on their circumstances. Any applications will be considered on their individual merits in line with published policy.

The hon. Lady asked whether any further statistics could be shared. Temporary permission to stay data is currently drawn from a number of different Home Office systems. Further work is under way to establish the most robust dataset. We are continuing to assess what information can be shared publicly and we will provide further data in due course where appropriate.

The hon. Lady also asked whether we are disadvantaging people by removing recovery from exploitation. The measure does not prevent individuals from accessing support from the point of their positive reasonable grounds decision—or earlier, if emergency support is required to assist with recovery from their exploitation. Access to the national referral mechanism support is based on national referral mechanism status, not immigration status. All adult victims in England and Wales who need to can continue to access specialist needs-based support to assist their recovery, irrespective of their immigration status or a refusal of temporary permission to stay.

The hon. Lady also flagged whether the changes were compliant with international law. The Government’s view is that the change to the temporary permission to stay policy absolutely does not impede our compliance with our international compliance. Temporary permission to stay, in its current forms, goes beyond what is required under article 14 of the Council of Europe convention on action against trafficking in human beings. The changes will provide stronger clarity on the UK’s obligations while still complying with article 14.

Article 4 of the European convention on human rights imposes a positive obligation on member states to identify and protect victims of trafficking, which is met in part through the operation of the national referral mechanism. That obligation does not go so far as to require member states to grant leave. In any event, support is not dependent on temporary permission to stay leave being granted, so that even when an individual is not granted temporary permission to stay leave, they can still access modern slavery support while they remain in the UK.

Further, an individual’s immigration status and assessment of risk on return are considered if an individual makes a protection claim. That includes an assessment of whether the individual has a well-founded fear of persecution or is at real risk of serious harm. Any claim will be considered on its individual merits, in line with published policy and country information.

The hon. Lady also asked about skilled workers. As of 8 October 2026, skilled workers who receive a positive conclusive grounds decision, where that decision was made during their most recent permission, may have their visa amended for the remaining period of extant leave. Individuals will not need to be sponsored and can work in any occupation. The change supports skilled workers to leave exploitative employers and move to new, safe employment. In the immigration White Paper, the Government committed to explore introducing further reforms to our sponsorship system by putting more responsibility and accountability on effective and responsible sponsors. That will include exploring whether the Government can make it easier for workers to move between licensed sponsors for the duration of their visa, giving them more control over who they work for and reducing the risk of exploitation.

The hon. Member for Stockton West asked what the changes will mean for compensation and people’s co-operation with the process. Under the changes to temporary permission to stay, victims can continue to engage with law enforcement agencies in supporting criminal investigations and pursue compensation in relation to their exploitation. By focusing temporary permission to stay on those specific purposes, the Government can ensure that it remains available in supporting victims’ engagement with the criminal justice system and accessing compensation. More broadly, the Government are strengthening the tools available to law enforcement and courts to disrupt criminal activity, prevent modern slavery and protect those at risk.

On victim engagement with the criminal justice system, I should say that the modern slavery victim care contract provides adult victims in the national referral mechanism with a dedicated support worker to assist them to access legal aid and legal representation. That support will be further strengthened when the modern slavery victim care contract is replaced by the new support for victims of modern slavery service. The new contract introduces specialist support workers to help victims to engage better with the criminal justice system. That will include, but is not limited to, providing tailored guidance and advocacy to help victims understand complex legal processes, and helping to remove barriers to accessing and receiving the assistance they need at every point in the criminal justice process.

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Assistance and support for potential victims

[Siân Berry (Brighton Pavilion) (Green)]

I beg to move amendment 70, in clause 43, page 45, line 1, leave out subsection (3).

This amendment would remove the provision which enables the Secretary of State to override an assessment that a potential victim of slavery or trafficking requires assistance and support.

[The Chair]

With this it will be convenient to discuss the following:

Amendment 71, in clause 43, page 45, line 4, at end insert—

“(3A) In considering whether assistance and support is necessary, the Secretary of State or an authorised person must have regard to—

(a) the best interests of the person receiving such assistance and support and of any children dependent on that person;

(b) the need to ensure that assistance and support is provided on the basis of the individual needs of the person receiving it; and

(c) the need to act in a way which is compatible with the Council of Europe Convention on Action against Trafficking in Human Beings and the European Convention on Human Rights.”

This amendment would require parties considering whether a potential victim of slavery or trafficking requires assistance and support to consider the best interests of the person (and any dependent children) and to comply with the Convention on Action against Trafficking in Human Beings and the ECHR.

Amendment 72, in clause 43, page 45, line 6, leave out “do not apply in relation to a child” and insert

“apply in relation to a child, and any necessary assistance and support must be provided in a manner that is age-appropriate, trauma-informed and consistent with the best interests of the child.

(4B) Nothing in this section prevents a local authority or any other public authority from discharging duties owed to a child under any other enactment, and the existence of such duties does not relieve the Secretary of State of the duties imposed by this section.”

This amendment would assert that the requirement to provide assistance and support to potential victims of slavery or trafficking does apply to child victims, regardless of whether the child would be otherwise supported by a local or other public authority.

Government amendments 120 to 123

Amendment 73, in clause 43, page 45, line 18, at end insert—

“(5A) After subsection (6), insert—

‘(6A) The Secretary of State must—

(a) ensure that adequate funding and resources are provided to local authorities for the purpose of ensuring that potential victims who are children receive assistance and support which is—

(i) compliant with the obligations of the United Kingdom under Article 12 of the Council of Europe Convention on Action against Trafficking in Human Beings, and

(ii) at least equivalent in nature and extent to that which would be provided to a potential victim who is an adult under this section.

(b) within 12 months of the passing of the Immigration and Asylum Act 2026 and annually thereafter, lay before Parliament a report setting out—

(i) the funding provided to local authorities for the purpose of supporting potential victims who are children,

(ii) an assessment of whether such funding is sufficient to enable compliance with Article 12 of the Council of Europe Convention on Action against Trafficking in Human Beings, and

(iii) the number of potential victims who are children who have not received assistance and support equivalent to that which would have been provided under this section to a potential victim who is an adult.’”

This amendment would require the Secretary of State to ensure that sufficient funding is provided to local authorities to support child victims of slavery and trafficking, and to report annually on the provision and adequacy of such funding.

Clause stand part.

[Siân Berry]

It is my view and that of a wide range of refugee and modern slavery organisations that clause 43, particularly subsection (3), is incompatible with article 12 of the Council of Europe convention on action against trafficking in human beings, which puts a duty on state parties to afford support to survivors of modern slavery in receipt of a reasonable grounds decision. The removal of the duty to provide support will put adults, children and young people at risk of destitution, homelessness and further harm, as we have discussed in relation to previous clauses.

We know that trauma can manifest in a wide range of ways and may significantly affect an individual’s ability to engage consistently with support services or comply with procedural requirements. Penalising people for such difficulties fails to take account of the realities of trauma and recovery and, again, creates detriment from a known feature of abuse. Additionally, while we agree that safeguarding and supporting children should be the responsibility of local authorities, they do need to receive adequate resources in order to discharge those duties appropriately and in the best interests of the child. Local authorities do not currently receive any funding to offer specialist support to children affected by trafficking and exploitation, and my amendments to this clause therefore seek both to reduce the harms being caused by it and to boost the support that can be offered to survivors.

Amendment 70 would remove subsection (3) and take away the Secretary of State’s power to override professional assessments. Support for the survivors of modern slavery is currently delivered through Government-funded contracts such as the modern slavery victim care contract in England and Wales, and equivalent arrangements across the devolved Administrations. Specialist organisations and trained support workers provide this support directly to survivors and are responsible for carrying out detailed assessments of need. The assessments should be informed by the professional expertise of frontline practitioners and crucially by survivors’ own views and experiences. I believe that support workers and survivors are best placed to identify an individual’s needs, because they are in direct and ongoing contact with the person concerned. It would therefore be harmful for the Secretary of State, who is removed from this direct engagement, to override such assessments without having had contact with the individual or a comparable understanding of their circumstances.

Allowing decision makers who are distant from a survivor’s situation to disregard professional assessments risks undermining survivor-centred support and could result in people being discharged from support with outstanding high needs. The Anti-Trafficking Monitoring Group has presented further evidence to us on these points, around subsection (3). It says that it

“reflects the operational reality of how the MSVCC contract already functions in assessing survivors' needs.”

It therefore makes worse what is already bad. At the moment, an MSVCC provider completes a needs assessment and submits it to the Home Office for approval. The Home Office then reviews the assessment and either agrees or disagrees with both the assessment itself and the level of support recommended. It is concerning that this decision maker power, that ultimately rests with the Home Office, will be given directly to the Secretary of State.

The Secretary of State will be even further removed from the care, safeguarding and day-to-day insight available to frontline service providers, and could issue blanket rules or directives in situations of strained resources, for example, that would even more arbitrarily remove support from survivors. The Anti-Trafficking Monitoring Group tells us that there is evidence for already ongoing issues with meeting the thresholds required to secure additional support, including for mental health needs. The recovery needs assessment process is highly bureaucratic—individuals are often discharged from support despite having significant unmet needs. If a similar approach is applied to decisions relating to the recovery and reflection period, there is a substantial risk that individuals will be discharged from support while still experiencing high levels of unmet need, exposing them to an increased risk of re-exploitation.

In amendment 72, I have asked for assistance to apply to children. While we agree that safeguarding and supporting children should be the responsibility of local authorities, I think it is very important that the Secretary of State retains an overarching duty to ensure that children receive support in line with article 12 of the Council of Europe convention on action against trafficking in human beings. This would help ensure national accountability for the protection and recovery of child victims of trafficking and not leave it to the piecemeal provisions of local authorities. Maintaining this duty would also ensure that the Secretary of State remains responsible for ensuring that local authorities are adequately resourced, as my next amendment would require. It would be, therefore, an important safeguard to ensure that all children receive the support and assistance to which they are entitled, regardless of where they are located.

Amendment 73 would ensure funding for local authorities to support children. We need to make sure that they have adequate resources to discharge their duties in the best interest of children. Currently, local authorities do not receive any specialist support funding for children affected by trafficking and exploitation, but it is essential, as is the mainstream child protection that local authorities provide. The charity, ECPAT, which stands for Every Child Protected Against Trafficking, has told me that not providing dedicated funding to local authorities to meet the ECAT entitlements of children leaves an enormous gap. It says that the Home Office provides local authorities with £143 per child, per night, towards the cost of supporting unaccompanied children, but there is no equivalent funding attached to a child’s identification as a potential victim of trafficking. That responsibility is placed on the existing social care system, which we all know is under substantial financial pressure. I really hope that the Government will listen to that point.

A final point in relation to subsection (3) is that all it says is

“where the Secretary of State disagrees”

—which is incredibly broad. Will the Minister tell us whether the Secretary of State will publish criteria governing when this override power may be used, and will she address the fact that there is currently no defined threshold for displacing an authorised person’s professional assessment by the Home Office? I will not press my amendments to a vote, but I want to see the risks and problems identified by them addressed, either in regulations or in the Bill, before the legislation leaves this House and goes to the other place.

[Anna Turley]

I thank the hon. Member for Brighton Pavilion for tabling amendments 70 to 73, which propose several changes to clause 43 on support and assistance provided to adult and child potential victims of modern slavery. I will start by reiterating the purpose of clause 43 and then turn to the amendments. Currently, where a potential victim has had suitable statutory support put in place to meet a modern slavery need, and that support is removed due to their conduct, the Secretary of State is required to provide that person with the equivalent support again. That results in the duplication of support provided across Government and the associated excessive costs to the taxpayer.

Clause 43 will ensure that the Secretary of State is not required to provide equivalent support again in those circumstances. For example, if a potential victim has their asylum accommodation withdrawn because they did not follow asylum support conditions, they will no longer be able to access equivalent modern slavery accommodation in its place. That will safeguard the integrity of the modern slavery system, ensuring support is not provided unconditionally and indefinitely. We recognise, however, the specific vulnerabilities and impact that trauma may have on an individual’s conduct. To safeguard vulnerable victims, support will not be withheld if there is a good reason, related to their modern slavery experience, for the conduct that led to that element of support being removed.

I wish to be clear that the Government remain committed to supporting vulnerable people. We have invested £25 million in the national independent child trafficking guardianship service and are in the process of procuring the new adult victim support contract to assist victims to achieve long-term stability and to live independently, and to reduce their risk of re-exploitation. Together, those investments form part of our wider programme of modern slavery reform, designed to safeguard the integrity of the system and ensure that resources are targeted at those who need them.

Clause 43 also makes technical amendments to section 50A of the Modern Slavery Act 2015. They will not change the support provided to adult or child victims; rather, the clause ensures that current support arrangements for adult and child victims are correctly reflected in statute. In line with existing practice, the amendments remove children from the provision to reflect that local authorities safeguard and promote the welfare of all children within their area, and the independent child trafficking guardian service provides further specialist modern slavery support. The amendments also make it clear that an authorised support provider can assess the support needs of adult victims of modern slavery.

Turning to amendments 70 to 73, the Government understand that their intention is to safeguard vulnerable potential victims. The Government share that commitment and are equally committed to ensuring that all victims of modern slavery, including child victims, can access the necessary support and assistance they require. The Government do not, however, consider the amendments necessary. In fact, they directly contradict the intention of clause 43 in two ways.

First, amendment 70 seeks to remove the Secretary of State’s power to override an authorised person’s assessment that support is necessary to assist a potential victim in their recovery. That would mean that the Secretary of State would be unable to intervene where appropriate to ensure that the outcome of a support assessment aligned with the relevant statutory guidance. That is a necessary power, ensuring fairness in the provision of support to adult victims across England and Wales. The power provides an important safeguard to ensure that Government-issued guidance on the assessment of necessary support is appropriately adhered to.

The need to intervene may arise in particularly complex cases and where other state support services have jurisdiction. For example, where an authorised support provider has determined that financial support is necessary but has not accounted for income the victim receives from another statutory service, the Secretary of State must be able to intervene to ensure that financial support is not provided where it is not necessary, in line with guidance.

As an another example, where an authorised support provider has determined that ongoing support should be provided to a victim despite their lack of engagement, but it has not given due attention to the non-engagement policy and the other statutory support available to a victim, the Secretary of State must be able to intervene to withdraw that support in line with statutory guidance on non-engagement to ensure consistency and fairness in the application of the policy across victims in England and Wales. I want to be clear, however, that the Home Office has a robust contract management regime in place to ensure that our supplier will deliver a high-quality service to victims in line with its contractual obligations underpinned by statutory guidance. The supplier has consistently met and exceeded delivery expectations, and the Home Office has a strong relationship with it.

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Finally, amendment 71 makes additions to the assessment of support, requiring consideration of the best interests of adult potential victims and their dependent children, and that assessments be needs-based and comply with the Council of Europe convention on action against trafficking in human beings—ECAT—and the European Convention on Human Rights. Those additions are unnecessary as the Government are confident that support provisions for adult and child potential victims are compliant with our international obligations. Adult support needs assessments already consider the individual support needs and circumstances of victims, and local authorities already have a duty to safeguard and promote the welfare of all children within their area.

[Siân Berry]

My concern is that subsection (3) provides the Home Secretary with a broad, unqualified power to disagree with the assessments that the Minister has just mentioned. Amendment 71 seems to provide a perfectly reasonable set of safeguards against breaching those international obligations. Will the Minister look at providing more detail about the criteria that the Home Secretary would use in future regulation to reassure us?

[Anna Turley]

I appreciate the hon. Lady referencing that. Of course, we will always consider any issues and desires for clarification that are raised in this Committee through the development of the regulations. Her concerns have been noted, but I am reassured that we are compliant with the ECAT and ECHR obligations.

The hon. Lady made a couple of other points about a potential increase in homelessness and destitution. The Home Office remains committed to meeting legal obligations, ensuring that policies do not leave people destitute or at risk of re-trafficking. However, individuals should not be able to use modern slavery to circumvent the conditions for other statutory support services. To ensure a coherent approach across Government to supporting victims, adult modern slavery support will be withheld in particular circumstances in order to align with decisions made by wider statutory services to withdraw support from someone who has failed to follow reasonable conditions.

To safeguard vulnerable victims, support will not be withheld if a victim has a good reason related to their modern slavery experience to explain why they were unable to meet reasonable conditions. As only the particular element of modern slavery support that was removed by another service will be withheld, where necessary, support worker assistance will remain available to advise and signpost to other avenues of accommodation or financial support.

The hon. Lady also asked about the Home Office’s oversight and monitoring of local authorities to ensure that children do not fall through gaps in provision. I think I have covered most of that, but the children’s social care national framework is statutory guidance for local authorities that sets the national direction for practice. It provides clarity on the outcomes that children’s social care should achieve for children, young people and families. “Working Together to Safeguard Children 2026” is the multi-agency statutory guidance. It provides detailed information on the duties and responsibilities of all agencies to safeguard children.

Both pieces of statutory guidance—the national framework and “Working Together”—should be read alongside each other. Ofsted independently inspects local authority children’s services through its inspecting local authority children’s services framework. Those inspections consider the experiences and progress of children and families, the quality of practice and leadership, and whether services are meeting their statutory duties. Local authorities are assessed using performance data, reform, delivery and wider regional intelligence to determine the appropriate level of support and intervention.

As I have outlined, the amendments are unnecessary, as the Government are confident that support provisions for adult and child potential victims are compliant with our international obligations. Adult support needs assessments already consider the individual support needs and circumstances of victims, and local authorities already have a duty to safeguard and promote the welfare of all children within their areas. For the reasons outlined, I respectfully request that the amendments not be pressed.

Government amendments 120 to 123 will make minor changes to proposed new subsection 50A(5ZA) of the Modern Slavery Act 2015, inserted by clause 43, to clarify how the provision will work in practice. First, amendments 120 to 122 put beyond doubt that proposed new subsection 50A(5ZA) is a targeted provision such that where a particular form of support is to be withheld, such as accommodation, the duty to provide other forms of support, such as financial support, will continue. That will prevent the duplication of support provided across Government and the associated excessive costs to taxpayers by ensuring that specific forms of support are not provided unconditionally and indefinitely. However, we recognise the specific vulnerabilities and impact that trauma may have on an individual’s conduct, which is why the amendments will make the safeguards for vulnerable potential victims clearer.

As a result of amendment 123, when decision makers are deciding whether an element of support should be withheld, they will consider whether the conduct that resulted in other statutory support being removed is attributable rather than “properly” attributable to their modern slavery experience. That is to avoid decision makers having to make unduly complex assessments, which could have an adverse impact on vulnerable potential victims. I commend Government amendments 120 to 123 and clause 43 to the Committee.

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[Anna Turley]

I think I have answered most of the hon. Gentleman’s questions, and if not, I will clarify in writing.

[Siân Berry]

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Amendments made: 120, in clause 43, page 45, line 9, after “support” insert “of a particular kind”.

This amendment and amendments 121 and 122 clarify that where assistance or support of a particular kind would have been available from elsewhere had it not been for the victim’s conduct it is only assistance or support of that particular kind that the Secretary of State will no longer be under a duty to provide.

Amendment 121, in clause 43, page 45, line 10, leave out first “the”.

See the explanatory statement for amendment 120.

Amendment 122, in clause 43, page 45, line 10, after “support” insert “of that kind”.

See the explanatory statement for amendment 120.

Amendment 123, in clause 43, page 45, line 15, leave out “properly”.—(Anna Turley.)

This amendment leaves out an unnecessary word from the inserted subsection (5ZA).

Clause 43, as amended, ordered to stand part of the Bill.

Clause 44

Content of slavery and human trafficking statements

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

[The Chair]

With this, it will be convenient to discuss the following:

Schedule 5.

Clause 45 stand part.

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[Siân Berry]

I add my support—for a change in this Committee—to the broad approach taken in this part of the Bill. I realise that the Bill’s scope is narrow, but have the Minister or the Home Secretary had any discussions with colleagues in the Cabinet and other Departments about using these quite creative new reporting requirements—which cover the supply chain and require reasons to be given for not doing things—as a template for use in other areas, such as environmental pollution or other human rights issues? Will the Minister commit the Home Office to taking the learnings from implementing this to other Departments?

[Anna Turley]

The hon. Lady makes an important point. We are proud of the provisions, and a review is being undertaken by the Department for Business, Innovation, Science and Trade to consider how to develop them further. I hope that the Home Office example is setting out best practice for other Departments to ensure that, in a world of global business, we are able to hold corporations to account in our legislative and democratic framework. I appreciate her point.

Question put and agreed to.

Clause 44 accordingly ordered to stand part of the Bill.

Schedule 5 agreed to.

Clause 45 ordered to stand part of the Bill.

Clause 46

Application to public authorities

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

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[Matt Vickers]

Clause 49 brings us to the practical question of what happens when an organisation fails to do what the law requires. We have spent preceding groups discussing what organisations must report, and how we must publish it. Those duties need to mean something. A business that takes its responsibility seriously should not find that a competitor can ignore the rules and carry on without consequence. We support effective enforcement against organisations that fail to comply without a reasonable excuse.

The clause allows Ministers to establish financial penalties through regulations. The maximum for an individual penalty will be the higher of £1 million or 1% of the organisation’s total turnover, or of a public authority’s total budget. That is a substantial power. It is a ceiling, not a standard fine, and how penalties are set below it will matter enormously. There must be a sensible distinction between a genuine mistake that is quickly corrected and a deliberate refusal to comply.

An organisation that has ignored repeated requests should not be treated in the same way as one that has made an isolated administrative error. Equally, the “reasonable excuse” provision must not become a stock response for those who simply cannot be bothered. Much of that detail is left to regulation. The clause allows for warning notices, representations and appeals. Organisations should know how a penalty has been calculated and have a fair opportunity to challenge a wrong decision. I would be grateful if the Minister confirmed which of those safeguards the regulations will include, and how the seriousness of a failure will be assessed.

There is a particular issue with fining public authorities. A fine on a public body ultimately comes out of public money, but that does not mean that public bodies should escape enforcement. However, moving money out of a service budget while leaving the same failures untouched would achieve very little. The Minister should explain how a penalty will lead to better conduct and how senior officials will be held accountable for putting matters right.

The clause also provides for civil court enforcement; the Minister should explain how that route and the penalty regime will fit together, and who will make the decisions. There is an example here from the existing law. The 2015 Act already allows the Home Secretary to seek an injunction against a business that fails to publish a statement, yet that power has, as far as I am aware, never been used. A strong power on paper is of little use if the enforcement team lacks the information or capacity to use it. The Minister should tell us what resources have been judged necessary and when the new arrangements will be up and running.

Finally, we should be clear about what the penalties address. They concern failures to comply with the reporting duties. The compliance statement is not proof that exploitation is absent and a reporting penalty is no substitute for investigating evidence of slavery. Where such evidence emerges, there needs to be a clear route to the agencies that can protect victims and pursue the perpetrators. We support giving these duties proper teeth and we support clause 49. The test for Ministers is whether persistent non-compliance is tackled, whether decisions are fair and whether identified risks lead to action. I look forward to the Minister’s explanation of how the regulations will deliver that in practice.

[Siân Berry]

Very briefly, although I think this is a good clause because it allows for fines and payments to be made, I want to echo a question asked of us in written evidence by Dame Sara Thornton, the former Independent Anti-Slavery Commissioner. Although she describes the clause as a “game changer”, she highlights evidence that there is widespread non-compliance with the current reporting requirements: she provides data showing 194 instances across 160 companies over the past six years. She says that the legislation is

“silent on who will enforce these requirements”.

At the moment, the clause simply calls this the “enforcement authority” in lowercase letters—it is not yet an official body. It is incredibly important that the issue is resolved properly and that the enforcement body has the teeth, resources and ability to enforce the rules. If this is done properly it will be self-financing, but have the Government any plans to put more detail behind it before the Bill finally becomes law? This seems to me to be a very crucial part of any new powers.

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[Siân Berry]

I want to raise a few alarm bells in terms of what I feel about this measure, and I hope the Minister can answer me clearly. My misgivings arise partly because the Minister talked about basing the need for the new clause on a single case example; partly because it has been introduced into the Bill at a late stage in our considerations; and partly because it will come into force immediately on Royal Assent. It appears to be a rush, and I am not convinced that it will not have equalities impacts or overlap with the lessons we should have learned from the Windrush scandal. If the Minister can give some more assurance that this has been looked at carefully and not rushed into on the basis of a single case, I would be glad to hear it.

[Anna Turley]

I can be explicit: this change in the legislation has been inspired by one particular case. I will not apologise for that, because I am sure the hon. Lady would agree that the current situation is not acceptable. Some of the most serious offenders, including individuals involved in terrorism, serious organised crime or war crimes, cannot be deported even after we have stripped them of British citizenship, because of this loophole. It is important that we take steps to address it.

I want to give the hon. Lady some reassurance, however, because people may express concerns about protection given in law to others—for example, the Windrush generation or others who came here previously. I will be absolutely clear and explicit in Committee: they will not be affected. Any broader protection for the Windrush generation is not affected by the new clause. The power will be exercised personally by the Home Secretary. The Government are clear that the wider protections offered by section 7 will remain intact. The new clause will not affect the overwhelming majority of people protected by section 7 or their rights. This measure is intended solely to ensure that specific individuals whose conduct places them among the most serious threats to the public can be deported.