Lord Hanson of Flint (Lab)

My Lords, I am grateful to the noble Baroness for the way in which she has approached the discussion. I hope that I can convince her straight away by saying that the Government are steadfast in their commitment to tackling modern slavery in all its forms and to supporting survivors. That is why we had the debate on Tuesday, in which I re-emphasised that. Care should be taken to avoid unintentionally weakening the protections afforded to victims of modern slavery and to public order. Repealing the majority of the modern slavery measures in the Nationality and Borders Act 2022 would do just that. That Act put protections of and support for potential victims of modern slavery, stemming from the Council of Europe Convention on Action against Trafficking in Human Beings, into primary domestic legislation for the first time, building on the Modern Slavery Act 2015. The proposed amendments would repeal these. I come at it from a different perspective from the noble Lord, Lord Harper, and the noble Baroness, Lady Lawlor. In my view, the measures being lost would include the right to a recovery period in the national referral mechanism; the circumstances in which confirmed victims may be granted temporary permission to stay in the UK; and where the rights and protections can be withheld on the grounds of public order or bad faith, in line with Article 13 of the Council of Europe Convention on Action against Trafficking in Human Beings. These measures ensure that support and protections and removal from the modern slavery system are available to all who require them. It is vital to retain them. Section 29 is the sole modern slavery measure in the Illegal Migration Act 2023 to be retained. It would, if commenced, amend the public order disqualification to allow more foreign national offenders to be considered on a case-by-case basis for disqualification from modern slavery protections on public order grounds. Here, I share the view of His Majesty’s Official Opposition. Section 29 needs to be retained in its current form so that we can examine the national referral mechanism and agree with partners our priorities for long-term reform. As I mentioned on Tuesday, Section 45 of the Modern Slavery Act sets out a range of measures. It is not necessary to replicate that defence elsewhere in legislation. On restricting information shared in respect of the modern slavery identification, the Modern Slavery Act 2015 provides certain bodies in England and Wales with a statutory duty to notify the Secretary of State. The information provided for that notification enables the UK to fulfil its international and other obligations. The duty to notify is discharged for consenting adults by making a referral to the national referral mechanism or, where the adult does not consent, by completing an anonymous entry on the digital system. This information allows us to provide a better picture of modern slavery and helps improve law enforcement responses. It does not include information that identifies the person, unless the person consents to that information being included. Child victims do not need to consent. If a person is identified as a potential victim of modern slavery or trafficking, they are eligible for the recovery period that I mentioned earlier. Imposing restrictions on the information provided would be to the detriment of our obligations to such vulnerable people. I agree that it is vital that the UK complies with its obligations, including as a signatory to the Council of Europe convention that the noble Lord mentioned. Implementation and compliance with these obligations does not require full incorporation into UK law. I say on behalf of the Government that the UK complies with its obligations under the convention by a combination of measures contained in domestic legislation, guidance and the criminal justice system. The modern slavery statutory guidance provides a framework where we can ensure that the convention continues to be monitored through reporting of the Group of Experts on Action against Trafficking in Human Beings. Finally, the Government are committed to ensuring victims can access the necessary support for whatever length of time it is required. Following a positive conclusive grounds decision, confirmed victims of modern slavery receive support from the modern slavery victim care contract and can continue receiving tailored needs-based support through the recovery needs assessment process via the NHS, local authorities and others. That specialist support also includes assistance to access the labour market, vocational training and education and application support for a national insurance number. The Government do not place an overall time limit on how long a victim can remain in support. Following a conclusive grounds decision, victims of modern slavery are considered for temporary permission to stay. That is all important and gives real support to victims of modern slavery. I have not mentioned the amendments individually, but collectively that response shows that the Government are committed to their international obligations, want to support victims of modern slavery and believe that the retention of the measures in the migration Act is vital to doing that in a fair and appropriate way. I therefore ask the noble Baroness to withdraw her amendment.