Coroners and Justice Bill

The Committee is very grateful to the noble Baroness, Lady Young of Hornsey, and her supporters for raising this issue in this way in Committee. It has been a very interesting debate and some very interesting points have been made, leaving the Government with much to think about. It would be asking a little too much of the Government to say today that we are persuaded, because the truth is that we are not yet. However, the body of supporters from around the Committee, not least the noble and learned Lord, Lord Mackay of Clashfern, is impressive by any standards. The issues that have been raised are very serious, as the noble Lord, Lord Kingsland, was just saying. Knowing what to do about them may be a little more difficult. Of course we all agree that servitude and forced labour have no place in our society. It has been more than 200 years since the abolition of the slave trade and more than 170 years since the abolition of slavery in the British Empire. But, sadly, that does not mean that the world is free of slavery in all its ghastly modern manifestations. The inhumane treatment of certain individuals occurs and it is right that we should take this matter seriously. These amendments are not limited to any specific group, but one of the main causes for concern is in respect of migrant workers who may be particularly vulnerable to exploitation. As populations become more mobile, the prevalence of these offences may well increase, which is a matter of concern. However, we are not convinced that the suggested new offences are necessary. We have extensive laws that we believe already provide everyone with practical protections and which cover all the behaviour that these amendments seek to make criminal. Trafficking people for exploitation is already a serious criminal offence under Section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, and here I should say that I am grateful to the noble and learned Baroness, Lady Butler-Sloss, for what she said about the Government’s actions in this field. Exploitation for the purposes of the Section 4 offence explicitly includes behaviour that contravenes Article 4. Similarly, trafficking for sexual exploitation under the Sexual Offences Act 2003 is a serious criminal offence. Anyone found to be exploiting a person who has been trafficked may also be complicit in that trafficking offence. Moreover, we should not forget the common law offence of false imprisonment for those offenders who prevent a victim’s freedom of movement. Some individuals may face sexual or other violence, or threats of violence, but there are already comprehensive measures under the current law for dealing with such threats and violence in a wide range of circumstances. Not least, an employer who causes a migrant worker to suffer psychological harm could be open to an assault charge in the same way as he could be for physical violence. The maximum sentence depends on the nature of the violence or threats, but it can be severe if the level of violence is severe. Of course, it follows that if an employer confiscates a passport or uses deception, he or she may well have committed theft or fraud. There are also sentencing guidelines which lay down clearly that the court must take into account aggravating factors. Such factors include the vulnerability of the victim and the fact that the offender is in a position of trust. If the offender is operating in a group or a gang, as he might often be in cases of trafficking, that in itself is an aggravating factor. I mention also employment legislation designed to protect all workers, including migrant workers. As the Committee knows, the legislation covers maximum working hours, minimum wages, minimum age limits for children in employment and health and safety. All these may well be contravened if a person is held in servitude or required to undertake forced or compulsory labour. The amendments rightly seek to provide serious penalties for these serious crimes, but our argument remains that the existing criminal law already allows for appropriate charges to be brought and appropriate penalties to be imposed for this behaviour.