UK Parliament / Open data

Modern Slavery Bill

The noble Baroness, Lady Goudie, has caught us slightly on the hop with her amendments, so we have got to government Amendment 13. This is one of a number of amendments I have tabled to ensure that we are clear and consistent in showing that the offences in the Bill are effective for children. The amendment makes clear that the consent of a victim to their travel is irrelevant, regardless of whether they are an adult or a child. This reflects the fact that many adult victims of trafficking believe, for example, that they are travelling into the UK to do a job or for a better life, and so they consent to that travel without knowing the severe abuse which may lie ahead of them. This provision has been in the Bill throughout, but we thought it helpful to spell out that it applies to all people, including children.

I now turn to a number of amendments further on which relate to trafficking. The approach we have taken in the Bill in defining trafficking reflects the same broad approach that has been taken in our legislation since trafficking was first created as an offence here in 2002, an approach that is tried and tested and well understood by law enforcement. I acknowledge the real concerns that defining the offence differently in the Bill would add unnecessary confusion for law enforcement and prosecutors, who understand and use the trafficking offence, when we want them to focus on gaining more convictions in practice. When giving evidence to the Public Bill Committee in another place, the Director of Public Prosecutions highlighted that the offences in the Bill are clearer than the alternatives which the pre-legislative scrutiny committee suggested.

Both alternative approaches to defining trafficking also, probably inadvertently, could make prosecution harder than under the offence as set out in the Bill, because they seek to tie the conduct element of the offence to the specific means set out in the EU directive. There is no requirement for any particular means to be involved in the conduct element of the offence in the Bill or in existing law, so replacing this approach with an exhaustive list which indicates the means through which someone may be trafficked would have a narrower effect than the current provision. I doubt that anyone would want to see that happen. That relates to Amendment 13, which stands in my name. I am happy to respond to other amendments as they are spoken to by other noble Lords. I beg to move.

Type
Proceeding contribution
Reference
757 c1166 
Session
2014-15
Chamber / Committee
House of Lords chamber
Back to top