Modern Slavery Bill

Steve McCabe Excerpts

Tuesday 8th July 2014 Commons Chamber

[Yvette Cooper]

The hon. Gentleman is absolutely right. In fact, I was just mentioning the original introduction of the offence of forced labour in 2009, because it was introduced exactly for the purpose of recognising that the issue is not just about people trafficked across international borders, but about the appalling abuse and enslavement of British citizens or of people within their countries. That is rightly covered by part 1 of the Bill.

I commend the Home Secretary for her work, which has built on many years of cross-party work and support for action against the horrors of modern slavery. Because there is such strong support for the Bill and for action against slavery, I believe that there is strong support for going further. As the Home Secretary heard in hon. Members’ many points and questions, there is consensus on going further than the measures in the Bill. We want to debate such points and to point out areas where amendments could be tabled as the Bill goes through this House and the other place.

Let me begin with the measures in the Bill which we support. The Home Secretary has made a powerful case for consolidating and strengthening the law to make it easier to prosecute those committing this vile crime, as she is rightly doing in part 1. Many hon. Members will remember the shocking case of Craig Kinsella, who was held captive by a family in Sheffield and forced to work from 7.30 am to midnight for no pay. He slept in a garage and was starved, and he was beaten with a spade, a crowbar and a pickaxe. As the hon. Member for South West Bedfordshire (Andrew Selous) has mentioned, such a victim was not trafficked into the country; he was a British national. He had even moved in voluntarily with the family who enslaved him, but he was still in slavery.

That is why it is vital that UK legislation should recognise the different forms of human trafficking and slavery, and should make it possible to prosecute those who enslave, abuse and exploit. It should not only cover those who have been moved across international borders, but recognise that consent can be complex. In complicated cases, the offence should not rely on a simple lack of consent, because people can be deeply vulnerable and slavery is complex in such circumstances.

The Home Secretary is right that the law should be strengthened and that penalties should be increased. We strongly welcome clause 5, which will give trafficking offences the maximum of a life sentence. Traffickers steal people’s lives and their humanity. It is the very worst abuse, so it should carry the most severe sentences. We also welcome the work on asset seizures and reparation orders, for which my hon. Friend the Member for Kingston upon Hull North (Diana Johnson) has called.

I commend the Home Office’s work to prevent enslavement and trafficking, including the work on prevention and risk orders. When there is evidence that someone is likely to commit an offence, we should be able to intervene in advance for the sake of the victims, rather than waiting until it is too late. We support the introduction of an anti-slavery commissioner to keep the pressure and focus on this dreadful crime. We welcome the statutory defence for victims, the concessions made so far by the Government on child guardians, and the duty to notify the National Crime Agency.

Measures on the presumption of age are extremely important, because we know of harrowing cases in which children end up being caught without the support they need simply because there is a dispute about their age. It is vital for the authorities to show some humanity in how they approach children in those cases. The Home Secretary is right that the Bill alone is not enough. It will of course need to be supported by much wider action in terms of training, co-ordinated action and leadership, and we support her determination to make sure that that happens.

I now want to set out the areas in which we hope the Home Secretary will go further. I know that she listened during the considerations of the Joint Committee, and I hope that she will now listen to the areas where we want to table amendments and to urge her to go further and take stronger action.

We want a stronger focus on victims. If we do not support the victims of human trafficking, we are leaving people to be abused and enslaved, and to be forced to work or forced into prostitution. Those who have been abused once by evil traffickers are at risk of being abused and betrayed again by authorities who either do not understand their experiences or simply ignore the abuse that they have experienced. That is why we need more work by border staff, the police, the criminal justice system, councils and voluntary organisations to identify the victims.

As part of that, the Bill should strengthen the national referral mechanism. In 2012, the UK Human Trafficking Centre identified 2,255 human trafficking victims, but the national referral mechanism identified only just over 1,000. At the moment, the national referral mechanism is an internal process of the Home Office—there is no transparency, and no appeal—but this is an opportunity to place it on a statutory footing to give it a greater ability and authority to support victims at the time they need it most.

[Steve McCabe (Birmingham, Selly Oak) (Lab)]

On strengthening the national referral mechanism and the whole question of the speed with which we must move to protect victims, particularly young victims, does my right hon. Friend think we should look again at the idea of a pilot joint immigration and family court to address such matters at a very early stage?

[Yvette Cooper]

I am very interested in looking further at that idea. My hon. Friend is right that the most complicated and difficult cases are sometimes hard for the legal system to address. It is obviously important to have clear frameworks of family law and of immigration law, but he is right that complex cases sometimes end up falling between the two systems and not getting the kind of recognition that they deserve.

We want the anti-slavery commissioner’s work to have more emphasis on supporting victims. The Bill talks of the anti-slavery commissioner’s obligation to identify victims, not of the need to support victims or to make recommendations to all Departments, not just the Home Office, on victim support, which would be helpful.