UK Parliament / Open data

Modern Slavery Bill

I am pleased that the Bill enables sentences to be extended to life, which will give the courts an opportunity to deal properly with the criminals who are involved in the trade of slavery.

As a number of Members have pointed out, the Bill contains a notable omission. The best thing to do is to prevent slavery from happening in the first place. The hon. Member for Sheffield Central (Paul Blomfield) gave us a lot of information. How likely is it that companies that are using slave labour in the United Kingdom will be caught as a result of fewer inspections? I believe he said that there would be one inspection every 250 years, and that there was a chance of employers being convicted once in a million years. That is hardly going to focus the minds of those who use slave labour on the fact that the authorities are going to get them.

I know that one argument will be about the expense of inspections. As the hon. Member for Norwich North (Chloe Smith) pointed out, we know that certain areas and certain industries in the United Kingdom are more prone to using slave labour than others. If there are to be inspections, why can they not target likely employers? Some of them may have a record; there may be local knowledge. If such people are harassed, there may at least be a chance that they will desist from using the slave labour that they are currently exploiting.

It has rightly been said that the offences that have been specified are really just a gathering together of existing pieces of legislation. The fact is—and there may be a number of reasons for this—that the number of convictions has been very low. Even when people have been identified as engaging in the slave trade and using slaves, the percentage who are taken to court and are convicted is below a third. A small number of people are taken to court, and there is a small percentage of convictions. Moreover, given the complexity of the legislation, those cases often take a long time. A case in Northamptonshire involved 200 police officers; 13 arrests were made, and, three years down the line, there were two convictions.

As the hon. Member for Linlithgow and East Falkirk (Michael Connarty) pointed out, it is not that the Government do not benefit from good legal advice. I am not a barrister, but I know that legal advice has been sought on how the offence could be made simpler, more understandable and easier to prosecute. However, none of it has been included in the Bill. If we are to have effective legislation, let us not just gather together elements of legislation that have not been seen to be working so far; let us look at offences and define them in the Bill. Of course the Government may argue that consolidating

the legislation and all the support that will be made available will increase the conviction rate, but if the legal opinion is that the plethora of laws at present causes complications, this is the time to change that.

The protection of children has been well highlighted. From her vast experience, the hon. Member for Wigan (Lisa Nandy) made it clear that we need separate definitions and separate measures to deal with the exploitation of children. I cannot understand—the Minister did not make it clear—why a definition of children would cause complications and perhaps lead to even fewer convictions. If the reason is to do with establishing the age, there is an easy way to deal with that. If there is some concern about establishing the age, put the individuals in the general legislation. Where it is clear that we are dealing with children, let us have separate legislation and a separate definition of children.

The next issue I want to raise is in relation to other parts of the UK. The Joint Committee pointed out that, although private Members’ legislation does mirror the Bill, it does not totally mirror it. One easy option would be to ask the Northern Ireland Assembly to pass a legislative consent motion, so that the legislation would apply in Northern Ireland. The alternative is to take separate legislation through the Assembly, but given the length of time it takes to get some legislation through the Assembly, the legislation might be passed not in this Session of Parliament or the next, but the one after that. That gap causes great concern in one particular area: the seizure of assets and their use to recompense victims.

If assets are kept in Northern Ireland or Scotland, will it be possible to pull those assets in when someone is convicted of using slave labour in England and Wales, or will it be much more difficult? In Northern Ireland, we have an added complication. I know that the hon. Member for Foyle (Mark Durkan) tried to dismiss the point I made earlier but it was also highlighted by the Joint Committee. The National Crime Agency is not able to operate fully in Northern Ireland because that is being blocked by the Social Democratic and Labour party and by Sinn Fein. That in turn creates a difficulty in dealing with the trafficking gangs, who may see places such as Northern Ireland as a haven from which they can operate.

Type
Proceeding contribution
Reference
584 cc248-9 
Session
2014-15
Chamber / Committee
House of Commons chamber
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