Modern Slavery Bill — House of Lords, 2015-02-23
Topic: Law and Crime
Alexander Carlile (Liberal Democrats, Centre to centre-left): My Lords, I agree with everything that the noble Baroness has just said. It is a particular privilege for me to speak in support of the amendment moved by my noble friend Lady Doocey. Those of us who have known her for—I hesitate to say it—some decades know her to be careful, accurate and tenacious, the word used earlier by the noble Baroness, Lady Royall. I pay tribute to my noble friend for her tenacity in pursuing what many of us regard as an extremely important issue My noble friend identified the issue with great clarity. She said that if the law is as clear as the Director of Public Prosecutions and others have said it to be, why are there no prosecutions? Why is this successful, clear and full law resulting in no outcomes at all for exploited children in this country? I look forward to hearing the Minister’s response to those questions when he replies to this short debate Many of us are surprised and disappointed that there is no specific offence of child exploitation in one place in the law. The noble and learned Lord, Lord Judge, has said much the same previously and most lawyers who have to consider child exploitation would welcome a single offence in a single place which could readily be assessed and understood. The noble Baroness, Lady Royall, spoke about age disputes. I hope the Minister will confirm that the suggestion that age would create a difficulty in enacting an offence such as the one proposed in Amendment 5 is a false point. Age disputes are litigated almost every day in the Administrative Court—they are extremely common—and there are clear ways in which such disputes are determined. They are determined—surprise, surprise—by evidence, and the evidence available to determine such disputes is now expert, well-tried and tested, and capable of speedy decision when such disputes occur If the Minister rejects, as I apprehend he will, my noble friend’s amendment. I hope he will give a government commitment to plug any gaps that may emerge hereafter if his views are proved to be incorrect. It is shocking that there has not been a single case brought of child exploitation, at least of the kind envisaged here. We heard discussion earlier about the number of prosecutions for female genital mutilation. If one takes child exploitation and female genital mutilation as two of the most important and horrifying offences committed against children in this country and reflects that there have been two prosecutions so far—one monumentally unsuccessful recently—in both those categories added together, one has the right to be concerned I ask the Minister to tell your Lordships what he expects to be the outcome of the work which has now been started, apparently, between the Crown Prosecution Service, the police and others. If the outcome is merely to discover that there have been no prosecutions because there is an inadequate understanding of the law, one is bound to ask why. I suspect the answer will be because the law is confusing, and so we go round the full circle and arrive at the conclusion that there ought to be the new offence—albeit with assistance from government draftsmen—proposed by my noble friend Lady Doocey I would ask the Minister to ensure that, if he rejects the amendment, he can leave us in a frame of mind of genuine optimism that there will be more prosecutions and an increased prospect of convictions even if no change is to be made to the law. Somehow I doubt it and I suspect that we shall be returning to this very important issue in the not too distant future.