Baroness Hamwee (LD)

My Lords, with this group of amendments we return to issues relating to modern slavery and human trafficking, which we have debated on the basis of what I described, I think, as amendments from the “eminent quartet”, led by the noble Baroness, Lady May of Maidenhead, who has an amendment in this group but obviously is not able to be here. It is very much on the same grounds as our amendments. I too am very conscious of time and of the fact that a number of noble Lords have a distance to get home tonight. It is a pity, because this is an important set of amendments on important issues, but I will do my best to let them catch their trains. Amendment 103 would repeal Section 29 of the Illegal Migration Act. I really query why the Government are leaving themselves the option to use it. Section 63 of the Nationality and Borders Act allows for the disqualification of victims of trafficking from modern slavery protections on grounds of “bad faith” or “public order”, including convictions which could have been as a result of exploitation. Noble Lords may recall that the noble and learned Baroness, Lady Butler-Sloss, has talked in debates on this Bill—it is something that we have covered on previous Bills as well—of the inadequate use, if I could put it that way, of Section 45 of the Modern Slavery Act, which deals, inadequately, with offences which victims of modern slavery are compelled to commit. Section 29, if enforced, would make the disqualification a duty rather than at the discretion of the Secretary of State, unless there are compelling circumstances—and it is not easy to get these recognised. It extends the duty to any length, or shortness, of imprisonment. The IOM has called for its repeal because of the risk of victims who are wrongfully removed being re-trafficked or facing retribution in their home countries—something which is all too frequent a fear. Removal can be while conclusive grounds decisions are awaited. The Minister in the Commons, responding to similar points, said that individual circumstances will always be considered and that the CPS has a discretion not to prosecute. In our view, this is not sufficient protection. I recall the forensic and very trenchant analysis during the passage of the then Bill that limiting the public order exemption would severely limit the ability to convict perpetrators and dismantle organised crime groups and would increase victims’ vulnerability to further exploitation. Amendment 117 in this group seeks to remove all the sections in the Nationality and Borders Act relating to modern slavery. Removing these provisions would ensure that the UK is acting in a way that is compatible with the international rights of victims under the Council of Europe Convention on Action against Trafficking in Human Beings, or ECAT. I will come back to ECAT, if I may, and to the ECHR.