Nationality and Borders Bill — House of Lords, 2022-02-10
Topic: Immigration
David Wolfson (Conservative, Centre-right): I am certainly willing to accept that a significant number of modern slavery victims are UK nationals. I do not know whether it is 24%, off the top of my head, but I am willing to have a look at that and come back to the noble Lord. I want to make some progress now, because I think we are going round the same points again and again Coming back to the noble and learned Baroness, Lady Butler-Sloss, all child potential victims of modern slavery in England and Wales will be provided with an independent child trafficking guardian to support them in navigating the immigration and national referral mechanism systems. Decision-makers are obviously trained in making those decisions, and the particular needs of children are an important part of that. In fact, I hope what I have just said responds also to some of the points made by the right reverend Prelate the Bishop of Bristol Moving to Amendment 153, as the noble Lords, Lord Cashman and Lord Paddick, also recognised, we understand that there will be cases where individuals are unable to comply with a deadline. There might be objective reasons, such as being under coercive control of an exploiter, or subjective ones, such as trauma, mental health issues or mental capacity, which can affect somebody’s ability to recall events. The clauses as drafted provide for this. As I have said on previous groups, we will set out in guidance the details of this approach, giving decision-makers the tools to recognise the effects of exploitation and trauma Where a person has raised evidence late, I suggest that it is right that decision-makers consider whether there is any merit in the reasons for that lateness. Credibility is not necessarily determinative of the case, should other factors indicate that the individual is a victim or potential victim of modern slavery. Amendment 154 asks what will be defined as a "good reason" for late disclosure. That has deliberately not been defined in the Bill, as setting out a list reduces flexibility. Decision-makers will be able to consider all relevant factors, which may include everything set out in the list in this amendment Clause 58 is underpinned by the provision of legal aid, as I have said. Amendment 172A would provide non-means-tested legal advice on all immigration matters to individuals who might not be victims of modern slavery. This amendment is a wide expansion of the legal aid scheme which is entirely uncosted and ignores the Government’s responsibility to use taxpayer funding wisely, in a way that obtains value for money. Such a wholesale expansion of the legal aid scheme would allow anyone claiming that they are a victim of modern slavery, but who might not be, to receive immigration advice with no financial eligibility checks in place. Legal aid for immigration matters is already available for victims of modern slavery who have a positive decision from the national referral mechanism, and the Bill does not change this. This includes ongoing support from the mechanism if required by the victim. Of course, the exceptional case funding scheme is available on top of that The intention of Clauses 65 and 66 is to bring advice on the national referral mechanism into scope from the outset. This builds on what is already available by helping unidentified victims who are within the immigration system to enter the mechanism. Without Clause 66, we will miss the opportunity to identify potential victims when they are receiving legal aid on their removal case I have two further short points. I listened very carefully to my noble friend Lord Henley, a member of the Joint Committee on Human Rights. Indeed, I appeared before that committee I think only last week. I have read the report carefully. It is on the Bench with me—it is a thumbed copy, not just a copy from the Royal Gallery. I hope I have set out the reasons for the Government’s approach, even if I apprehend that I may not have convinced him of their correctness Finally, I will ensure that the point raised by the noble Baroness, Lady Jones of Moulsecoomb, is passed on. My understanding—and I am newer here than she is—is that a decision on whether and when to repeat an Urgent Question taken in the Commons is for the usual channels. Even if I were a Home Office Minister, and I am not, I could not help on that further.