My Lords, a focus on the victims is absolutely right. At this stage, though, I want to make a point that was made by others at Second Reading: we must be careful to avoid detracting from the concept of survival. I am trying to keep in mind in the Bill the imperative of badging trafficked
and enslaved persons as survivors, if this is at all possible, rather than as victims, which has a rather more negative connotation.
This Bill has raised quite extraordinary passions. I am finding it one of the most difficult that I have ever dealt with in my time as a Member of your Lordships’ House, in part because of the technicalities that we are having to look at, I hope your Lordships will forgive me if, in my comments on this amendment, I focus on the technicalities.
I am not really clear what this amendment would actually achieve—and that leaves me rather concerned. How are best interests to be assessed; what standard does one apply? We are all accustomed to the principle of best interests in relation to children because that is linked with the listed rights of the child in the UN Convention on the Rights of the Child; but maybe when he responds the noble Lord can explain what is engaged by the principle in the case of an adult trafficked or enslaved or exploited? For instance, would it mean an automatic referral to the national referral mechanism even if the adult does not want that? That would obviously go against the trafficked person’s right to decide for herself matters relating to her, assuming there is no lack of capacity. I am sure that it is not intended to be paternalistic, but the intention seems to be to make decisions for or on behalf of the victim in the name of best interests when she herself may disagree with what is in her best interests.
Without losing focus on the victim—or as I say, survivor—if there is a concern that particular parts of the Bill lack a victim focus, which I have to say I think is the case, that is where we should focus our changes rather than on an umbrella clause. Maybe by the end of this debate I will be clearer as to what it means, but at the moment I think that it is unclear and therefore possibly a problem.