My Lords, I will speak in favour of Amendment 78 in the name of the noble Lord, Lord McColl, to Clause 49, to which amendment I have also added my name. I commend the noble Lord, Lord McColl, for putting forward this important amendment today.
Some noble Lords may be aware that I brought forward legislation in the Northern Ireland Assembly on human trafficking. It took over three years to get from the genesis of the legislation to the granting of Royal Assent last month, but to my mind it was worth
every minute. Noble Lords will undoubtedly agree with me that victims of human trafficking are some of the most vulnerable people within the United Kingdom. Northern Ireland most certainly is not exempt from the impact of human trafficking, and I brought forward the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Bill to improve the response to the crime of human trafficking in Northern Ireland, crucially with regard to this amendment, to ensure that victims of trafficking are effectively supported.
The statutory requirement to assist and support victims of trafficking is a crucial part of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act. The relevant section was the product of a collaborative effort between the Minister of Justice, David Ford, and me, alongside our respective support teams. We were determined to ensure that victims of human trafficking who have entered into the NRM process have a statutory right to access support including: appropriate and safe accommodation; material assistance; assistance in obtaining health care services, counselling, translation and interpretation services; assistance in obtaining legal advice or representation; and assistance with repatriation.
That section was supported unanimously by the Northern Ireland Assembly. Northern Irish society may be divided on many issues, but the need to effectively support victims of human trafficking is not one of them. The NGO community in Northern Ireland also overwhelmingly supported the introduction of this section. In my opinion it is vital that the requirement to provide assistance and support is in statute. It makes it crystal clear to victims of trafficking, the NGOs supporting them and state agencies what victims are legally entitled to. It gives victims and those seeking to support them the ability to challenge the actions of the state if it has failed to provide effective support. It also ensures that the support and assistance provided to victims cannot be withdrawn or restricted by government if, for example, it faces challenges, particularly a challenging budgetary situation.
I have added my name to Amendment 78 because I believe it fills an important gap in what is otherwise an excellent Bill. First, it will help to ensure that victims of human trafficking are effectively supported in England and Wales. I appreciate that the Bill requires the Government to issue guidance to public authorities setting out,
“arrangements for providing assistance and support to persons who there is reason to believe may be victims of slavery or human trafficking”.
This requirement is better than nothing but in my opinion does not go far enough. There are no directions or guarantees about the content of the guidance, which can be varied at the will of the Secretary of State. Guidance also does not have the same status as legislation and cannot be relied on in the same way. It would be far better for victims if the amendment of the noble Lord, Lord McColl, were adopted. It would ensure that there is a legal guarantee of support for victims.
Secondly, it seems clear to me that if the amendment of the noble Lord, Lord McColl, or something like it is not accepted, victims of trafficking in Northern
Ireland—and in Scotland once the Human Trafficking and Exploitation (Scotland) Bill has passed—will have more legal rights than victims of trafficking in England and Wales. This would be a rather unfortunate situation. Surely, most of us here and most of the public would think that victims of trafficking, regardless of where in the United Kingdom they have been identified, should have the same or similar legal rights. Of course, it is Parliament’s prerogative to decide whether this will be the case.
I urge noble Lords to support the amendment of the noble Lord, Lord McColl. It rectifies a significant omission in the Bill and will help to ensure that victims of trafficking in England and Wales are effectively supported.