Modern Slavery Bill — House of Lords, 2015-02-25
Topic: Law and Crime
Ian McColl (Conservative, Centre-right): I speak to amendments to Clause 49. First, I have tabled Amendment 74 because I am keen to ensure that there is joined-up thinking between different sections of the Bill. Part 4 has created the position of the Independent Anti-slavery Commissioner and has charged the commissioner with encouraging good practice in the identification of victims. It seems logical, therefore, that the commissioner be involved in the production of statutory guidance directly relevant to promoting good practice in the identifying of victims—namely, the indicators of trafficking and the process of deciding that a person is a victim of trafficking and entitled to receive assistance The commissioner will have a great deal of expertise and will gather a lot of information from front-line professionals about the challenges and good practice in identifying victims in the course of carrying out his work. That expertise and information will be key to determining what the guidance produced under Clause 49 needs to cover. We must ensure that the commissioner’s knowledge and findings are incorporated into the development process for the guidance. Amendment 74 would make that a requirement of the guidance provision. I urge the Minister to accept Amendment 74 to guarantee a role for the commissioner in drawing up the statutory guidance. Can the Minister also confirm that the guidance produced under Clause 49 will go through public consultation processes to enable NGOs and other groups with relevant expertise to make an input into the guidance I am pleased to introduce Amendment 74 in my name and in the names of the noble Baroness, Lady Grey-Thompson, and the noble Lords, Lord Anderson of Swansea and Lord Morrow. I am extremely thankful to the Minister for the new measures that he has introduced on Report to strengthen protection for child victims and bring victim support into the consideration of the Independent Anti-slavery Commissioner. However, I feel that there is still a gap in the centre of the Bill: the lack of a guarantee of assistance and support for victims. Amendment 82 creates a power for the Secretary of State to introduce regulations about providing assistance and support to victims, which I welcome as far as it goes—but I do not believe it goes far enough. An enabling power provides no assurance to victims and makes no commitments about what victims are entitled to. Amendment 78 is a better way forward. My Amendments 75, 79 and 80 are consequential on Amendment 78 It has been noted by the Minister and others that the Bill before us today has vastly more measures to address the needs of victims than the draft Bill. This is undoubtedly true, and I welcome all the improvements that have occurred here and in another place, but on the specific matter of victim support, the Modern Slavery Bill comes up very short when we compare it with the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015, which was steered though the Assembly by the noble Lord, Lord Morrow, and the Human Trafficking and Exploitation Bill proposed by the Scottish Government. Amendment 78 would insert a new subsection (1A) which would require support to be provided and a new subsection (1B) which would require the Secretary of State to provide guidance on the provision of support and assistance There are three key elements in Amendment 78 which echo the provisions of the Northern Ireland Act and the Scottish Bill but are missing from both Clause 49 and the amendments proposed by the Minister. The first is putting in statute a basic duty for the state to provide victims with, "support and assistance for physical, psychological and social recovery" Setting out in the Bill that victims are entitled to a period of support and assistance will help give them confidence to come forward and seek help. It should also give them confidence to engage with police officers and talk about what has happened to them—and perhaps even to give testimony in court against the perpetrators of these horrible crimes During the very helpful meeting with Peers arranged by the Minister, the Independent Anti-slavery Commissioner spoke about the many victims he had encountered in his time as a police officer who were too fearful to speak to officers. It was only after they had been brought to a place of safety in the care of people outside the law enforcement apparatus that they felt confident to speak. In Committee, the Minister drew attention to the assistance provided under the victim care contract, which is a very positive thing. However, unless we establish in law a duty to provide that assistance, I fear that the victim care programme will not be protected for the long term when budgets become squeezed or departmental priorities change. In Committee, I mentioned that GRETA, the Council of Europe’s group of experts, recommended in 2012 that the convention right to a recovery and reflection period for victims should be enshrined in British law, and my amendment would do exactly that Establishing victim support in law will also provide a basis for achieving a greater level of consistency in the support provided to victims across the care programme. Paragraph (d) of new subsection (1B) inserted by Amendment 78 additionally promotes this by requiring the establishment of minimum standards for victim support, while paragraph (g) of that new subsection requires the service to be audited, as recommended by the NRM review.