UK Parliament / Open data

Modern Slavery Bill

Indeed, I am sorry. It was the noble Lord, Lord Rosser. I am tempting fate here because he will deny all knowledge of that. However, I think there was reference to the Victims’ Commissioner. I am sorry if that was not by the noble Lord, Lord Warner. As I say, the Victims’ Commissioner is located in the Ministry of Justice and the Children’s Commissioner is located in Sanctuary Buildings. That was seen as being helpful. I should say that the anti-slavery commissioner designate is located at present in Globe House. He shares that office—the noble Lord, Lord Warner, did refer to this—with the Chief Inspector of Borders and Immigration. That is where he is physically located at present.

I am grateful to noble Lords for tabling Amendments 65, 65A, 67A, 67B, 67C, 67D, 67E and 69A. The amendments relate to the independent anti-slavery commissioner’s power to appoint his or her

own staff and their freedom to report on certain matters. I reassure noble Lords that the commissioner will be absolutely independent. We changed the title of the commissioner to include the word “independent” after debate in Committee in another place to reflect the Government’s commitment to respect the independence of the commissioner. The commissioner will have the freedom and independence to look at the prevention, detection, investigation and prosecution of slavery and trafficking offences and the identification of victims without fear or favour, and make reports which will highlight where improvements can be made. We want to ensure that the commissioner has the authority and autonomy he or she needs to carry out their functions effectively, while at the same time ensuring that their remit is clearly focused. The commissioner’s independence will be respected, just as the Government respect the independence of other similar office holders.

Amendments 65 and 65A would allow the commissioner to appoint his or her own staff and, in the case of Amendment 65, to secure their own accommodation, equipment and other facilities. The Government do not believe that the commissioner needs a statutory power to appoint his or her own staff. The commissioner’s role will be supported by a small team of analytical and support staff, so it would simply not be effective or efficient for such a role to be supported by an independent human resources function. However, we do want the commissioner to have full confidence in his team. Following normal government practice for roles of this nature, we would expect that staff would be recruited from the Civil Service, using Home Office human resources. In line with typical practice, we would expect the commissioner to take part in the selection process to ensure that he or she has confidence in their team.

Similarly, it would simply be inefficient to require the commissioner to find and secure their accommodation and facilities, although of course they will be involved in this process, as was the case with the provision of accommodation for the designate commissioner. We want a commissioner who is focused on catching the perpetrators and identifying more victims, not someone who is more concerned with administrative tasks. The purpose of the Secretary of State providing support to the commissioner is so that their time is free to do the job they have been appointed for—tackling modern slavery and improving the UK’s responses.

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Amendment 69A would give the commissioner the power to determine their own activities, timetable, priorities, resources and funding without reference to the Secretary of State. I understand the motivation for this amendment and respect the independence of the commissioner, but I do not believe that this is a practical or necessary approach, nor is it in line with other equivalent office holders.

In relation to the commissioner’s budget, I am not aware of any equivalent organisation that can set its own budget, without limit, by law. That is not a basis for an efficient and effective role. While it is right that the commissioner has the ability to influence those organisations and agencies that are responsible for

tackling modern slavery, the Government also have a responsibility to the taxpayers in this country and to Parliament.

Amendments 67A, 67B, 67C, 67D and 67E would allow the commissioner to report on any matter they chose, rather than just those permitted matters included in the strategic plan, whose importance would therefore be greatly reduced. The purpose of the commissioner agreeing the strategic plan with the Secretary of State is to ensure that the commissioner’s activities remain aligned with their general functions and a coherent overall strategy to counter modern slavery. I am well aware that the independent commissioner may criticise government and public authorities—and it should absolutely have that right so to do. But that criticism has a purpose—to support the fight against modern slavery. A partnership between the commissioner and the Secretary of State around initial priorities in the plan will help to ensure that even the toughest of reports are helping to drive real improvements.

It is not unusual for public bodies with significant independence from Ministers to have to agree their plans. Radically restricting the Home Secretary’s ability to approve the plan, or allowing the commissioner to report on matters outside of this plan, would unnecessarily weaken the strong partnership needed between the commissioner and the Secretary of State, particularly as other examples show that this does not necessarily significantly impinge on their independence. It is of course important to emphasise that the plan may be modified or replaced by full agreement between the commissioner and Secretary of State. It is only right and proper that the Secretary of State has a role in ensuring that the commissioner’s plan reflects agreed aims and objectives to enable the fight against modern slavery to be successful.

This has been an excellent debate and has provided a lot of food for thought. I am sure that it is something that we will return to later in the Bill, particularly in the provisions relating to responsibilities. I believe that the commissioner has been set up in the Bill in an appropriate way to ensure his independence while also enabling the commissioner to stay relentlessly focused on tackling the perpetrators of this terrible crime and ensuring that victims are properly identified. I am absolutely clear that the independence of the commissioner will be respected by the Secretary of State, just as the independence of other similar roles has been respected.

I will reflect on the important contributions made. I am sympathetic to the view that it should be clear that the commissioner can appoint a team that he has confidence in and I will reflect on how that can be achieved. I therefore hope that the noble Lord will feel able to withdraw the amendment.

Type
Proceeding contribution
Reference
757 cc1378-1380 
Session
2014-15
Chamber / Committee
House of Lords chamber
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