My Lords, the Independent Anti-slavery Commissioner, Dame Sara Thornton, wrote to the Home Secretary about this Bill on 7 September last year. I should declare an interest: I know Sara Thornton very well. We were police officers together and spent six months together on a residential course.
She is extremely able and fiercely independent, and, in my opinion, the best commissioner the Metropolitan Police never had.
In relation to trafficking information notices, Sara said in her letter that trauma suffered by victims of modern slavery can result in delayed disclosure, difficulty recalling facts or symptoms of post-traumatic stress disorder. She went on to say that evidence from the Salvation Army pointed to the fact that many victims initially recall their experiences with contradictions and inconsistencies, and it can often take a considerable time before they feel comfortable to disclose fully what has happened to them, as many other noble Lords have said. Her conclusion was that to place a deadline on when they can submit evidence and to interpret late compliance as damaging to credibility fails to take account of the severe trauma suffered by victims. For those reasons alone, Clauses 57 and 58 should not stand part of the Bill.
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My Amendment 172A, generously supported by the noble Baroness, Lady Jones of Moulsecoomb, replaces the existing Clause 65 legal aid provision. The existing clause allows additional legal aid in connection with a national referral mechanism referral if the subject is already in receipt of legal aid for an existing asylum or immigration claim. The proposed new clause would provide stand-alone legal aid to provide pre-national referral mechanism advice to any victim of modern slavery, whether they are already in receipt of legal aid or not. Clause 66 would not be required if Amendment 172A were accepted.
We support all the amendments in this group, but we hope that they will not be necessary because we hope that Clauses 57 and 58 will no longer be part of the Bill by the end of Report in this House. I was wondering why the noble Baroness, Lady Williams of Trafford, the Home Office Minister, was not in her place today to deal with these issues. I would like to think that it is because she could not face standing up and supporting these parts of the Bill.