My Lords, I thank the noble Lord, Lord Alton, for his kind remarks. For victims of modern slavery, escaping from their exploitation is only the beginning of their journey towards recovery. I will direct my remarks today to Amendment 171B in my name, which would assist victims on this journey.
I have been astounded by the individuals whom I have come across over the years, particularly those who I had the privilege of meeting during the passage of my Private Member’s Bill in the Northern Ireland Assembly who have been victims of modern slavery in this country. These victims have experienced extreme exploitation and abuse in this country yet have shown commendable fortitude and strength in their determination to recover from their ordeal. When I consider Part 5, and in particular Clause 64, it is those individuals I think of. It concerns me that Clause 64, if unamended, will make the leave to remain criteria narrower and, in doing so, make vital support for survivors even more inaccessible.
Clause 64 will impact victims of modern slavery across the UK, yet there has been no impact assessment published to date—at least, I have not had sight of it—on how many victims will be granted leave to remain under the Bill, compared to the current numbers. I hope the Minister can address why this is the case and provide a timeframe for when we can expect to see one.
Previously, I had the opportunity to meet Anna, a young Romanian girl who was kidnapped here in London, trafficked to Galway and then moved to Belfast to be sold into the sex trade. This young girl was moved from pillar to post, to be exploited in one place then another. The only consistency she knew was exploitation. When victims like Anna escape from their situations of exploitation, they need stability and certainty as they start their recovery and begin to work through their trauma.
I am concerned that whilst Clause 64 puts discretionary leave to remain measures on a statutory footing, in the process of doing so the Government have made the criteria much narrower than current guidance. In particular, Clause 64(4) would prevent leave to remain being granted to a confirmed victim on the grounds of their need for support for their recovery, if they could
receive that support elsewhere—even when the alternative country is not a signatory to the European trafficking convention. The Government have also not set out which countries without ECAT would be acceptable. This restriction is likely to affect EU citizens who have recently become entitled to automatic consideration for discretionary leave if they have no other right to remain, since the Secretary of State is likely to argue that these citizens could receive support within the EU. It sounds very much as if the Government are unfairly trying to skirt their moral duties and responsibilities to these victims. This goes to the point that, contrary to what the Government have said, this Bill is not fair for victims of modern slavery.
Amendment 171B in my name would ensure greater stability by removing the criteria of not granting leave to remain if assistance could be provided or compensation sought in another country. Without this amendment victims such as Anna, upon exiting their situation of exploitation, could find themselves without leave to remain and instead relocated to another country where they may not know anybody, speak the language or understand the customs. This will be disorientating, unsettling and frightening, and it will compound their vulnerability to re-trafficking.
I agree with the noble Lord, Lord McColl, and Sir lain Duncan Smith MP in the other place on the need for 12 months’ leave to remain to ensure that all confirmed victims can receive support, as proposed in the noble Lord’s Modern Slavery (Victim Support) Bill. I put on record my support for Amendments 170B and 171A in the name of the noble Lord. While Amendment 170 to Clause 63 in the noble Lord’s name applies only to England and Wales, I am pleased to see that steps are being taken to provide statutory support to confirmed victims in Northern Ireland. Through Section 18(9) of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015, statutory support is already available to victims with a positive conclusive grounds decision on a discretionary basis.
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I want to draw attention to the fact that the Northern Ireland Assembly are currently considering the Justice (Sexual Offences and Trafficking Victims) Bill. In Committee, it has been recommended that support be given to victims
“following a positive Conclusive Grounds decision to enhance protection from re-trafficking and assist in their recovery and engagement with the criminal justice agencies to help secure increased convictions.”
Amendments will be debated next week. The recognition of the principle of the need for long-term support for victims is greatly encouraging and I will be watching closely as this Bill progresses through the Assembly. Perhaps Westminster could learn from the Assembly which, in the early stages of deliberation, acknowledged that 12 months’ support should be in legislation; there is no discussion of this being put only in guidance.
However, should the Assembly agree, this statutory support will be limited to those confirmed victims who are British citizens or who have leave to remain, as is the case with the statutory discretionary leave provision under Section 18(9). It will be devastating
for non-UK-national victims if the hands of the Northern Ireland Assembly are tied in the provision of long-term support to them because the Government will not grant the requisite leave to remain for them to access this vital long-term support. Flourish, a charity in Northern Ireland which supports victims of modern slavery once they have exited the NRM, has said that its objective is
“empowering survivors so that they can take back control of their own lives”.
That is what long-term support is all about. Narrowing the criteria for grants of leave and failing to provide 12 months’ leave to remain to confirmed victims without immigration status make it even more difficult for victims to take back control of their lives and become survivors.
We also know that it takes time for victims to trust authorities and begin to engage with police investigations; this does not happen overnight. Without 12 months’ leave to remain, victims will not have the stability or consistency in their lives to begin to comprehend their abuse, disclose it and in time start to engage with police investigations. Without Amendments 170B and 171A, convictions will thus remain low and the perpetrators of this heinous crime will continue to go unpunished.
I would also like to put on record my support for Amendment 171 in the name of my noble friend Lord Dubs. As it stands, Clause 64 also narrows the criteria for granting leave to remain to what is considered necessary to assist in the recovery from harm directly caused by this exploitation. The Joint Committee on Human Rights raised this issue in its report of 15 December, saying
“It would seem that clause 64(2)(a) is drawn a little more narrowly than the obligation in Article 14(1)(a) ECAT. ‘Personal situation’, could, for example, relate to family relationships and support networks in the UK or other factors relevant to the ‘personal situation’ of the victim that would not be covered by clause 64(2)(a).”
It recommended that the wording reflect the Article 14 obligations.
The Government are acting as an obstacle, rather than an aide, when it comes to the provision of support to confirmed victims of modern slavery in Northern Ireland and the prosecution of offenders across the UK. Victims need a stable pathway which equips them to recover from their exploitation and not be defined by it. We must keep working to ensure that the UK is known as a hostile place for traffickers, where this exploitation will not be tolerated and will not go unpunished.
Perhaps before I sit down I should say that it may not be possible for me to hear the Minister’s response as I have to be back in Northern Ireland this evening and the time on my boarding pass is getting closer by the second. I apologise in advance if that is the case.