Modern Day Slavery and Human Trafficking – update on the latest amendments and debates on the Modern Day Slavery Bill
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Report Stage amendment on Supply Chain Transparency:
Lord Alton of Liverpool (Crossbench) 8:45 pm, 25th February 2015
My Lords, it is a great pleasure to follow my noble friend Lady Young of Hornsey. I strongly support her Amendments 93 and 94 and the government amendments in this group.
Like my noble friend, I thank the Minister for meeting me and other noble Lords and a number of civil society stakeholders earlier this month to discuss transparency in supply chains. Noble Lords will recall that I and the noble Baronesses, Lady Kennedy of Cradley and Lady Mobarik, raised this issue in Committee. I also spoke about it at Second Reading. The Minister kindly said that, unusually following the Committee stage, not only would he have a meeting with colleagues in the House but that he would invite all the interested groups involved in this issue to meet him and the Peers who were able to be there. With the noble Baroness, Lady Hamwee, and others, we were able to have an extremely helpful and useful discussion.
I welcome the amendments that the Government have tabled for Report, and I believe that they could take us a step closer to delivering effective transparency and accountability on action to eradicate modern slavery from the supply chain. Of course, I hope that this evening the Minister can be enticed to take a few more steps down the road that we have been travelling.
While I welcome and am most grateful for the progress that we have made, there are three areas on which I want to speak and on which I am hopeful we can agree some way forward. My Amendments 97A, 98A and 99A each raise an important outstanding issue that we ought to address before the Bill completes its parliamentary passage if we are to ensure that the supply chain clause works effectively in practice as we all want. It might be helpful to the House if I mentioned that the groups that support these amendments include Amnesty International UK, Anti-Slavery International, CAFOD, the CORE coalition, Dalit Freedom Network UK, the Evangelical Alliance, Focus on Labour Exploitation, the Law Society, Quakers in Britain, Traidcraft, Unseen and War on Want. While I pay tribute to them for the support they have given, I link with them Ruth Chambers, who has done an extraordinary amount of work on this. Sometimes the real heroes and heroines behind legislation are the people who do the hard slog.
I heard today from the Equality and Human Rights Commission and had a chance to have a brief conversation with one of its representatives. It subsequently sent me a statement about this group of amendments and, in particular, Amendment 99A. The commission’s recommendation is to:
“Support Amendment 99A … insofar as it would give the Anti-slavery Commissioner power and sufficient resource to take enforcement action”.
The noble Lord, Lord Judd, raised the issue of resources in earlier debates, and they will be the make or break for this Bill. If resources are not provided, it will not be worth the paper on which it is written, but I am pretty confident that the Government are going to back up the rhetoric in this legislation with the necessary resources. I hope we will hear more about that when Minister comes to reply. The commission also says:
“In our analysis, extending this enforcement power to the Anti-slavery Commissioner would be desirable as it would strengthen his/her role and ensure that enforcement of the duty to prepare a slavery and human trafficking statement could be carried out independently of government. We consider that the Commissioner should be given a range of further powers, including the ability to require the disclosure of data and information, to conduct investigations and inquiries and to hold agencies to account for non-compliance with laws and policies”.
I am sure the Minister will have seen this statement. It was issued only today, and I am glad to be able to draw it to the attention of the House.
Government Amendment 97, as I have mentioned, is welcome as it sets out a number of areas on which slavery and human trafficking statements may include information, but I stress “may” in this context. The amendment does not go so far as to introduce minimum disclosure measures, which are really necessary if we are going to create a sort of equality of arms. As it stands, government Amendment 97 would still leave it entirely optional as to what companies put in their statements.
I listened very carefully to what the Minister said in Committee on this matter and recognise that different types of businesses will face different challenges in relation to their supply chains. It is a perfectly fair point that he has made, but he also indicated that the Government want a level playing field for industry.
This is also something that businesses have called for. Sir Richard Branson, for example, has been supportive, as has Associated British Foods, the parent company of Primark, which I was able to meet in January with my noble friend Lord Patel. I was particularly appreciative of their support. My noble friend Lady Young referred a few moments ago to the tragedy in Bangladesh, and it was partly arising out of what happened there that I felt it would be helpful to have a discussion with Primark. I believe that the wording I have suggested in Amendment 97A strikes an appropriate balance that will allow for some flexibility while ensuring a level playing field between businesses on what they must disclose information about. This will also enable comparison across industry sectors as we will then be able to compare like with like.
One area about which I am particularly disappointed that the Government have not changed their position is the need for a central place in which the slavery and human trafficking statements can be uploaded and scrutinised. This is a very reasonable proposition. My Amendment 98A would introduce a requirement to upload the statements on to a central website maintained by the office of the Independent Anti-slavery Commissioner. Significantly the designate commissioner, Kevin Hyland, is supportive of this idea and I am grateful to him for meeting Ruth Chambers last week to discuss this.
Ensuring that each company uploads its own statement is a light-touch, practical way of spreading the administrative costs so it is onerous neither for business nor for government, but I am aware that the commissioner will have limited resources, so if this amendment is accepted then his budget will need to reflect this new responsibility. Why is this central repository needed? Quite frankly, without it the role that the Minister has described on many occasions for civil society, investors and the media to hold businesses to account for their supply chains—as he wants them to do—will be nigh on impossible to achieve. This is because of the time and the effort which would be needed to be spent just working out website by website which companies had reported and which had not. Then of course there are the difficulties that such stakeholders face in accessing the annual turnover information that would indicate which companies fall within the compliance threshold.
Amendment 98A would also require companies to include within the director’s report a fair summary of the statement and the web address of the full statement. This link to the director’s duties in the Companies Act 2006 would ensure that company directors took this provision seriously, and will help to propel responsibility for tackling slavery and supply chains into the boardroom. It would not be burdensome or costly to have this additional reporting and it reinforces a point that my noble friend Lady Young made in her remarks a few moments ago. It will also draw the slavery and human trafficking statement to the attention of mainstream investors who might otherwise not be aware of it and empower them to ask questions of the company. Making directors responsible for reporting on what the company is doing to eradicate modern slavery will ensure that it is part of core business. Boardroom responsibility will also change the culture of businesses and create an environment of a race to the top, thereby increasing
the pace at which slavery is tackled within supply chains. I think this would also be good for UK plc, if I can put it that way, as it would promote better business practices which would in turn lead to better profitability and enable UK businesses to play a more leading and competitive role on the global stage.
On Monday the almost ethereal presence of William Wilberforce was regularly drawn to your Lordships’ attention and he was cited on a number of occasions. It is significant that when William Wilberforce was campaigning for an end, first, to the transatlantic slave trade in 1807, and later to all slavery, some argued that to abandon slavery would be ruinous for UK business interests. Of course, that did not turn out to be the case at all. Indeed, our reputation worldwide was enhanced by the results that the Clapham group was able to bring about as a result of its concerted actions in both our Houses of Parliament.
Finally, Amendment 99A relates to the enforcement and review of the provision. In my view, the current lack of an enforcement measure is the Achilles heel; without that measure some might regard the provision as quite toothless. That becomes even more of a risk if the Bill does not specify any minimum elements, which a company’s slavery and human trafficking statement must cover. I therefore hope that the Minister will be able to commit to a three-year review of the transparency in supply chains provision, and that he will demonstrate how non-compliance will be dealt with in the absence of an enforcement provision.
I recognise that the hour is late, we are getting to the very end of Report on the Bill, and that time is therefore probably against us in achieving everything that I want in these amendments. However, I know how open the Minister has been to continuing dialogue—we are not quite at Third Reading—and at the very minimum I hope that he will feel able to consider some of the points that we have raised this evening and to see if there is anything further that the Government themselves might be able to do between now and when we finally lay the Bill to rest.
The Bishop of Derby’s Amendment to Strengthen the Role of Gangmasters Authority: February 25th 2015
Lord Alton of Liverpool (Crossbench)
My Lords, I am a signatory to this amendment and am very happy to speak briefly in support of it this evening. I spoke on this issue at Second Reading and in Committee and I moved a separate amendment on the issue of the proceeds of crime. That was based on an amendment that I moved in your Lordships’ House nearly a decade ago and which was supported at that time by a retired Law Lord, Lord Wilberforce, who was a direct descendent, of course, of the great man who has featured so much in many of our debates. That amendment sought to provide a mechanism for the proceeds of crime committed
by those who had abused workers, exploited people, put them into servitude or slavery—the very things that the Bill seeks to address—to be used to support and provide assistance for those who had been exploited and to support those organisations that are charged with the responsibility of apprehending those who are responsible for such crimes.
Crimes they are. I recalled in Committee that the Gangmasters Licensing Authority—which the noble Lord, Lord Whitty, who is in his seat this evening, did such distinguished work in helping to create—was established after the fatalities that occurred in Morecambe Bay when some 23 Chinese cockle pickers, men and women, died while they were being ruthlessly exploited by gangmasters. I made the point that this problem has not gone away. As recently as 2011, an almost identical incident occurred not very far away from Morecambe Bay, in the Ribble valley estuary. I quoted a local fisherman, Harold Benson, who said that what had happened at Morecambe Bay had been wholly avoidable, but it was likely to be repeated at places such as the Ribble valley and Morecambe Bay because of the failure to apprehend those who were responsible and because of the failure to provide adequate safety equipment and to provide support and assistance to those who were being exploited in these unacceptable ways.
As a result of raising these issues I was pleased to be able to attend a meeting with the right reverend Prelate the Bishop of Derby and the noble Lord, Lord Bates, who has been so helpful on this and so many other issues during the passage of the Bill. I reiterate what I said on Report on Monday, that he and the noble Baroness, Lady Garden of Frognal, have been quite exemplary in the way they have treated all of us who have participated in these proceedings. This is a marvellous piece of legislation and one that I am sure is going to do great good in the future. Although we may disagree on some details here and there, the general thrust of the legislation is to be commended and we must look for other ways to improve it here and there. That is what this amendment does.
The right reverend Prelate has told us that if this is passed, or if the principle is accepted, the Secretary of State will then consult on ways to strengthen and improve the resources of enforcement agencies such as the Gangmasters Licensing Authority. Why do we need to do that? Well, I made the point at earlier stages that until recently only about 37 people were employed by that authority and that resources had been cut between 2011 and 2014. I would be grateful if the noble Lord would share with us some of the detail that he provided during the briefing sessions that we had with him and his officials as to how many people are now employed by that authority and how many convictions they have been able to bring about.
The amendment says that the consultation should,
“end no later than 1 January 2016”.
I think that that is a reasonable passage of time. It goes on in proposed new subsection (3) to say:
“The Secretary of State may by order amend section 3 of the Gangmasters (Licensing) Act 2004 to include other areas of work where the Secretary of State believes abuse and exploitation of workers or modern slavery or trafficking may be taking place”.
This is reasonable; it does not ask for immediate action to be taken, but it asks the Secretary of State and the department to take a more detailed look at some of the issues that have been raised. I look forward to hearing the response that the noble Lord gives in due course.
The International Dimension of Slavery: Amendment moved on Monday 23rd February 2015
Moved by Lord Alton of Liverpool
30: Clause 41, page 31, line 15, after “practice” insert “, both in the United Kingdom and throughout the world,”
Lord Alton of Liverpool (CB):
My Lords, I shall speak also to Amendments 38, 39, 41 and 46. These amendments are to Clauses 41, 42 and 43. I put on record my thanks to the noble Baroness, Lady Kennedy of Cradley, the noble Lord, Lord Judd, and my noble friend Lord Sandwich, who are all signatories to these amendments.
In moving the amendment, it is my privilege to take up—rather inadequately, I suspect—the cause so passionately espoused by my noble friend Lady Cox, who is unable to speak to this amendment due to a prearranged visit overseas. These amendments relate to an aspect of modern slavery that we are in danger of overlooking despite the efforts of my noble friend—who, while we are meeting, I might add, is currently in the war-torn areas of Sudan that she has frequented so often, where she will no doubt be seeing first hand some of the ravages of modern slavery that have been so familiar in that country. This was an issue that she highlighted at Second Reading and again in Committee. I know that, while grateful to the Minister for the meetings that he has arranged and for the letter that he kindly sent to Peers, she was nevertheless disappointed that that letter omitted any mention of this issue of the global nature of slavery, which had been raised by Members on all sides of your Lordships’ House.
I recognise that the Bill focuses on modern slavery in the United Kingdom, and that is right and proper. Yet modern slavery is by its very nature a global phenomenon; it cannot be tackled by one Government
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alone but requires a global solution. With the exception of the section on company supply chains, which we will come to on Wednesday, and which can address the issue only in a limited way—albeit a vital and necessary one—there is no mention of the global dimension of modern slavery at all in the Bill, let alone any measures requiring the UK to play its role on the world stage. These amendments therefore seek to address that omission. For every person trafficked in the UK there are dozens of children in forced labour in Uzbekistan’s cotton mills, hundreds of women and girls trafficked into Thailand’s brothels and thousands of men, women and children exploited in bonded labour in India and Pakistan.
The scope and scale have been rehearsed often enough during debates on the Bill and I will not repeat them all again here. Suffice it to say that far more people are affected today than throughout the era of the transatlantic slave trade, which is even more reason for us to take up the cause of Wilberforce, Clarkson, Equiano, Roscoe and the other abolitionists celebrated by one of the banners in Westminster Hall marking memorable parliamentary achievements. The Bill should deserve to be celebrated in the same way as those achievements, but it risks falling short if it does not address the global dimension of modern slavery.
The irony is that the Bill was announced amid a cacophony of claims that the UK was, or wanted to be, leading the world in the fight against modern slavery. That is of course a noble aspiration, but we can never make any realistic claim to be world leaders unless we tackle the problem globally and recognise that every country and sector of society has to play its part—business, the public, the Government and non-governmental organisations have to contribute. However, this will not happen until and unless countries move beyond the parochial and recognise that they face common issues; that there are often international links as well as the cross-border movement of people; and that there are groundbreaking approaches in one part of the world that could be used elsewhere, whether in legislation, enforcement, prevention and protection or the rehabilitation and reintegration of survivors.
In recent times there has been a change in language from government departments acknowledging that we are dealing with a global issue, and I welcome that. In particular, I welcome the stepping up of our international response within the Modern Slavery Strategy published last autumn by the Home Office. It is significant that the intention is to identify priority countries, not just those that are the source for significant numbers of victims trafficked into the UK but also countries suffering disproportionately from a high incidence of modern slavery. Moreover, the strategy includes the prioritisation of activity to tackle modern slavery in those countries by working with foreign Governments and civil society organisations. The Government are to be congratulated on this aspect of the strategy. However, as your Lordships well know, a strategy can be discontinued or changed at the drop of a hat. That is why it is essential to undergird this and to ensure continuing prioritisation by making annual reporting on global modern slavery a legislative requirement.
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On the previous group of amendments, I mentioned that Kevin Hyland wrote to me and other Members of your Lordships’ House on 20 February. On page 4 of his letter he said something which relates directly to these amendments:
“British Embassies and High Commissions will develop Modern Slavery Priority Country Plans, working with both international and locally based partners, including the UN, faith leaders and local NGOs. I want to see an increased focus on preventing modern slavery from happening in the first place.
I will support and challenge the development and implementation of these plans and will push to ensure a fully coordinated response when the crime does occur”.
In essence, these amendments place those responsibilities outlined by the Independent Anti-slavery Commissioner in that letter of 20 February in the Bill, and require the commissioner to monitor trends in slavery and human trafficking around the world and the measures taken to address them in order to gain a better understanding of the problem, its causes and solutions and to identify best practice, as well as opportunities for co-operation and collaboration.
Amendment 39 requires each embassy and high commission of the United Kingdom to submit an annual report on slavery and human trafficking in its area of operation to the commissioner. Amendment 41 sets out aspects to be included in these reports. Requiring embassies and high commissions to report will ensure that the workload is not too heavy for the commissioner. I know that there will be some concern about adding to the duties of the commissioner, but he does not seem to be unduly concerned about that, certainly reading the letter I have just mentioned. This approach is a significant improvement on the Modern Slavery Strategy, which puts the inter-departmental ministerial group on modern slavery in the role that I am advocating. I am convinced that that is not appropriate. It requires an independent assessment, which is surely an appropriate task for the Independent Anti-slavery Commissioner.
These measures are important because they set out a mechanism for gathering vital information to help build a comprehensive picture of modern slavery across the world and how it is being tackled. This is essential for developing a strategy that will address the issue effectively, hence the requirement in Amendment 38 for the reports to cover not only the extent and nature of modern slavery but legislative and enforcement measures and details of the care, rehabilitation and reintegration of survivors. This section also requires reporting to include any relevant initiatives supported by the UK Government, so that effectiveness can be monitored, and any relevant activities of international bodies or non-governmental bodies, so that we can learn from effective approaches and in the right circumstances support such activity to increase effectiveness. These requirements are deliberately not prescriptive in order to allow the precise format, coverage and emphasis to be developed according to the needs of the moment.
The amendments set out what the commissioner will do with the information reported to him. These reports from embassies and high commissions will inform and shape his strategic plan. They will also enable him to include in his report a statement of the nature and extent of slavery and human trafficking in these areas as well as in the United Kingdom.
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My final amendment to Clause 43 ensures that, for the purposes of this section, “specified public authority” shall also include all embassies and high commissions of the United Kingdom. If, as the Home Office strategy indicates, tackling modern slavery around the world is our intent, it should be in the Bill. These amendments ensure that. They will also encourage joined-up thinking between the Home Office, the Foreign and Commonwealth Office and DfID, something I know that the Minister of State at the FCO, the noble Baroness, Lady Anelay, wishes to see. I know that efforts to achieve that have already begun. However, in many ways one of the strongest arguments for adopting these amendments is that they will certainly encourage the addressing of these conditions that are conducive to modern slavery, and will therefore support the work of the Home Office, the FCO and DfID.
Poverty, displacement and conflict are common root causes. Modern slavery is as much a gross abuse of human rights and dignity as it is a crime. It is all too common to discover that lack of access to education, healthcare and employment opportunities all play their part. A desperate need for medicine or treatment is all too often the push factor in driving individuals to succumb to apparent job offers that promise financial reward but deliver only despair and exploitation; for example, in the many forms of bonded labour found particularly in south Asia, the nexus of modern slavery.
We would be well advised to take note of Dr Aidan McQuade, CEO of Anti-Slavery International, when he reminded us in a recent Guardian article:
“How the UK and other governments comport themselves in the coming weeks will be a critical test of how serious they are”.
The rest of the world is looking on to see how serious we are; we really can lead the world, if we are bold enough to address the global issue. In her foreword to the Government’s strategy the Home Secretary wrote:
“The time has come for concerted, coordinated action. Working with a wide range of partners, we must step up the fight against modern slavery in this country, and internationally, to put an end to the misery suffered by innocent people around the world. Together, we must send a powerful message to all traffickers and slave drivers that they will not get away with their crimes. And we must do all we can to protect, support and help victims, and ensure that they can be returned to freedom”.
I wholeheartedly agree. To that end, I reiterate my thanks to other noble Lords who have offered their support and I beg to move.
Lord Judd (Lab): My Lords, I am very glad to support the amendment and I am very grateful to the noble Lord, Lord Alton, for having introduced it.
This seems a particularly acute and disturbing example of how we live in a totally interdependent world. It is to live in a fool’s paradise to think that we can find the solutions by acting on our own within the confines of what we call the United Kingdom. This is an international issue—an international disease—and it has to be tackled internationally. Our credibility in building up the kind of international action that is necessary will relate very much, as the noble Lord has just emphasised, to how the world sees our serious commitment within the United Kingdom to putting muscle into our concern.
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I will say also that I am one of those who welcomed the bishops’ letter last week. I was thinking about this earlier in our deliberations this afternoon when we were talking about how we tackled this issue in the United Kingdom in courts, and about whether there had been prosecutions, convictions and the rest. All that is crucially important, but it is happening in the context of a values crisis. We have to ask ourselves very seriously what the prevailing set of values is that established the context within which all these things happen.
I am not a doctrinaire socialist—or, at least, not a dogmatic socialist. I am pragmatic in my socialism; there is a place for the market. However if you build up a culture in which the market is supreme, and it is, to say the least, an amoral market, where is the authority and the ethos within which you can make a success of these things because of the conviction that is there? There have to be other absolutes besides price as regards the kind of society in which we want to live. If we really want to be effective in this, we must have international action and effective legal arrangements in Britain. However, we must work at developing a sense of decency and solidarity—internationally, as well as within our own society—in which these things are unthinkable. If they are just another extension of the market, where people say, “Well, I can make money this way. Why don’t I do it?”, where will we be?
I remind the House, as I have done before, that Adam Smith, who made such an important contribution to the context and concept of economic liberalism and capitalism as it operates, did not at first, as a young man, write about economics at all. He wrote about ethics. He was a very strong Scottish Presbyterian. He took the ethics and values of society for granted and then approached the market. I am afraid that we have bred a society in which the market as a driving force has been seen as something that does not have to take values into account, unless it is forced to do so, and that is what we have to tackle in all these issues if we are ultimately to be successful. However, I really do congratulate the noble Lord on having reminded the House about the indispensability of international solidarity in this campaign.
The Earl of Sandwich (CB): My Lords, as a former council member of Anti-Slavery International and a former member of the Christian Aid board, I support my noble friend’s amendments because they link contemporary slavery in the UK with slavery in the rest of the world. We forget that it was not long ago that non-governmental organisations explained that there was slavery in this country—it was not something that was far away—so we are following that line. The amendments become obvious when you realise that so much slavery is indivisible and that traffickers, and indeed victims, of slavery respect no boundaries.
I was unable to be present on 8 December when my noble friend Lady Cox moved similar amendments in Committee, but I have read carefully her contribution and the Minister’s reply. That there is an international dimension to modern slavery almost goes without saying, except that it is not mentioned in the Bill. We are all aware of the direct overseas experience of slavery and trafficking that my noble friends Lady
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Cox and Lord Alton and the noble Lord, Lord Judd, bring to the House. In Committee, the Minister, at col. 1638, acknowledges that experience and says that we need to go further. But I ask him again: how can we go further? I am not sure whether the Minister has yet stated how the Home Office can go further, apart from referring to passages in the strategy document. My noble friend referred to the letter that we have received from the commissioner, which is of high quality and points out the country plans that he will be following. It strengthens these amendments to read those passages in the letter.
I was most grateful to the Minister for inviting us to meet the new commissioner a fortnight ago. In that conversation, it became clear that the commissioner is already closely in touch with foreign and UK embassies, and he sees this as an important part of his job. He will of course need adequate resources to cover this, as we have touched on elsewhere.
In practice, I do not think that the amendments commit the Government to very much. Apart from close regular liaison between the commissioner and embassies in the course of his work, all that is needed is annual reporting of relevant incidents by embassies and high commissions, rather in the way that this is done annually by the Foreign Office in the case of human rights. It is not an unreasonable request, and my noble friend has already described the more detailed arrangements for this. However, it is important to make the connection in the Bill. The Government are rightly taking all these issues very seriously, and the Minister has, again and again, shown his personal commitment—some of it, I have no doubt, from his experience in China when he was doing his MBA. Sensible changes have been proposed during the passage of the Bill. I suggest that this is one of them and I look forward to his reply.
Baroness Kennedy of Cradley (Lab): I support the series of amendments in the name of the noble Lord, Lord Alton of Liverpool, who seeks to insert a much-needed international perspective in this Bill. No one would dispute that modern slavery is a global problem and therefore no one should dispute that modern slavery needs an international as well as a national response. Our international response in this Bill is lacking, as other noble Lords have pointed out, and this is disappointing. That is why I support the noble Lord’s amendments. They would be effective in helping push the issue of slavery and trafficking up the world’s political agenda, especially Amendment 38. Having each embassy and high commission produce an annual report on government action to fight slavery and trafficking would mean more research into slavery across the world, more information collected and shared, and greater dialogue with a wide variety of the world’s government officials, NGOs, journalists, academics and, more importantly, survivors, monitoring, working together, and sharing and developing partnerships across the world. Learning what works best to tackle the causes of slavery and trafficking, to protect the victims and to prevent it happening in the first place is essential, and we can learn a lot from these annual reports. Through embassy engagement, we can create global solutions to eradicate this global problem.
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Finally, as we discussed in Committee, involving embassies and high commissions in preparing an annual report about trafficking and slavery in their areas of operation is not new. America has been doing it for the past 14 years. Since 2001, they have produced a Trafficking in Persons Report. I cannot see why we in the UK should not do the same. Therefore, I hope that the Government will accept these amendments.
Baroness Butler-Sloss (CB): In the letter from Kevin Hyland, on page 4 on international collaboration, it is clear that the commissioner designate sees it as an essential part of his role to bring together the necessary partners, nationally and internationally. He talks about working with British embassies and high commissions and wanting a significant increase in bilateral, multilateral and joint investigations, some of them supported by EU funding. In the past there have been some excellent bilateral arrangements, particularly one with Romania called Operation Golf, and there were other very good arrangements that worked with Europol and so on. Do the Government think that the current powers of the commissioner are sufficient for him to carry out all the duties that he talks about on page 4—and, if so, is it necessary to have it in primary legislation?
Lord Warner (Lab): My Lords, in speaking in support of the amendment I want to ask the Minister a question. We had a discussion earlier today about the Secretary of State fixing the budget for the commissioner and we had a debate about public bodies being required to co-operate with the commissioner. Is it the Minister’s understanding that the amendment on setting the budget for the commissioner embraces the whole area of overseas travel and maintaining those international relations? Why are embassies not included in the public bodies that are expected to co-operate with the commissioner? It would be helpful to have some clarification on those two issues.
Lord Rosser (Lab): I wait with interest to hear the Government’s reply. They have an amendment down, which refers to Clause 41(3)(f) and to,
“things that the Commissioner may do in pursuance of subsection (1)”,
which is about encouraging good practice. As it stands, the paragraph says that it may include,
“co-operating with or working jointly with other persons, in the United Kingdom or elsewhere”.
The amendment would make it read, “or internationally”. I have no doubt that the Minister intends to do this, but it would be helpful if he could explain the extent to which he feels that his amendment differs in spirit and objective from the one moved by the noble Lord, Lord Alton of Liverpool.
The Parliamentary Under-Secretary of State, Home Office (Lord Bates) (Con): My Lords, I am grateful to the noble Lord, Lord Alton, for proposing these amendments and to all noble Lords who have spoken in this debate.
This is yet another area where we have seen considerable progress since Second Reading. The noble Lord, Lord Alton, referred to powerful speeches made by a number of noble Lords at Second Reading, particularly the noble Baroness, Lady Cox, who spoke passionately
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and persuasively about this issue. That speech was very influential in shaping the Modern Slavery Strategy
. A particular element is involved here which I will come back to. I say to the noble Lord, Lord Rosser, that the strategy is helpful in that it is a cross-government strategy. Rather than being domestically focused—clearly, by definition, the Home Office is domestically focused—the strategy reaches across all government departments. Importantly, the Modern Slavery
Strategy complements the Bill as it says what the Government will do as a result of the legislation that is passed.
Page 10 of the Modern Slavery Strategy highlights the fact that, as part of Pursue, we will work internationally to,
“improve our own capabilities and cooperation with international partners”.
The work being done in the Santa Marta group is part of that. I pay tribute particularly to the work being done by the Vatican in that respect. On 9 and 10 April last year, the Home Secretary and international law enforcement representatives attended a historic event at the Vatican to discuss how the church and law enforcement could work together to combat modern slavery. At the conference, the Home Secretary announced the creation of the Santa Marta group—a group with senior law enforcement officers from around the world chaired by the Metropolitan Police Commissioner, who will work on joint practical measures to strengthen and co-ordinate our response to tackling modern slavery globally. The Santa Marta group met again in London on 5 and 6 December 2014 and has committed to meet again in Spain later this year. The meeting in December was very successful. I think that it was attended by all the 40 or so country representatives from around the world and reflected the two sides of the operation—the country plans undertaken by DfID and the FCO, which have already been referred to, and the crucial work undertaken by the National Crime Agency in tackling the organised crime dimensions by placing people overseas.
The Modern Slavery Strategy goes on to describe in some detail on page 54 the overseas Protect work in which we are engaged. That is not to suggest that this is a sentiment or gesture comprising words only. In the past 18 months, 14 modern slavery projects have been delivered in seven countries. Does more need to be done? Of course, much more needs to be done. I am trying to paint a picture to show that even when this issue was being subjected to pre-legislative scrutiny, the Santa Marta group was involved in it. We recognise that the international dimension is absolutely critical in tackling this heinous crime, as the noble Baroness, Lady Kennedy, and the noble Lord, Lord Judd, said. We cannot do it alone. We need to have the Pursue and Prevent programmes. The aims of the Prevent programme will clearly be international.
The designate Independent Anti-slavery Commissioner, Kevin Hyland, wrote that he saw international collaboration as being a key part of his operation. I know that he is just about to visit Nigeria and he has been to Spain. All his visits have been facilitated, as one would expect, by the missions in the respective countries. That work is therefore being undertaken.
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We have the documents, the strategy and the work of the international commissioner. Clearly, the international travel dimension will be reflected in his budget. He is of course independent, and I cannot say what he should do but, as a result of the Bill, in addition to all that, he will have to prepare his report and strategy. Given his remit—which he has described so eloquently; he gave more column inches to the international dimension in his four or five-page letter than to any other topic, which suggests how important he sees it being—it would be surprising if that aspect did not feature strongly in the strategy he puts forward and in the annual report he lays before Parliament.
As regards where we are going with this, we have had conversations. I met the noble Baroness, Lady Cox, and the noble Lord, Lord Alton, and I know that there has been great interest in this subject. We looked carefully at where we could put in the Bill something that indicated its international dimension. It seemed to us that the logical fit, given that the commissioner was involved in that, was very much that we should look to amend Clause 41(3)(f), which, rather than containing just a generic “elsewhere”, specifically puts “internationally” into the Bill.
I say to my noble friend, or, rather, the noble Lord—he is a friend—that I can see him grimacing, as if to say, “Is that it?”. I can totally hear him say that but, if that were it, I would have given a very weak response to a very serious problem. What I have tried to outline ahead of that is that we have serious international co-operation, which was commenced by the Home Secretary before this legislation started moving through the Houses of Parliament. We also have the clear commitment that this is a personal passion and belief of the Independent Anti-slavery Commissioner-designate. Most crucially as far as we are concerned, the Government have clearly set out what they expect to do in terms of delivering on this in their cross-government strategy being worked on by the interdepartmental group.
I am conscious that the noble Lord will push further because he is a champion—in many ways in the model of Wilberforce—who has to keep going. It took Wilberforce 30 years to get his legislation through; at least we have some legislation heading towards the statute book. It may not be everything but it is a significant step forward, and it is vital that we do not leave NGOs or any other organisations—and, most crucially, victims in the wider community—in any doubt that we see the international dimension as absolutely central to tackling this crime. However, as we remove the plank from our eye, we might be able to see a little more clearly where we might operate better internationally. We have a major problem in our own country and it is critical that our first priority is to tackle that. Then, as we are successful in doing so, I believe that our efforts will be more recognised internationally. On that basis, I ask my noble friend to consider withdrawing his amendment.
Lord Alton of Liverpool: My Lords, I am grateful to the noble Lord, Lord Bates. He certainly was reading my mind when he referred to Amendment 36 and the replacement of “elsewhere” with “internationally”. If
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that is all that the Government can offer, it is not just that I do not find that a very comforting or acceptable approach; it is more about what my noble friend Lady Cox will make of this when she returns from Sudan. I would not want to be in the Minister’s shoes when my noble friend comes back from those troubled parts of the world. I do not think that it will satisfy her either.
The noble Lord referred to William Wilberforce. I was thinking as he said that that Henry Thornton, one of Wilberforce’s supporters, defended him when he was accused of being interested only in issues overseas. William Hazlitt had criticised Wilberforce for not also taking up the cudgels to deal with things such as children being sent down the mines and public health issues at home. In defending Wilberforce, Thornton said that it was rather like criticising Christopher Columbus for discovering America but not going on to discover Australia and New Zealand as well. In other words, there is only a certain amount that you can achieve at any one time.
I recognise that the noble Lord has made huge efforts during the course of this Bill, along with many Members of your Lordships’ House, to make great progress. He has used the metaphor of being on a journey on a number of occasions. He struck that same metaphor in the response to this debate in reminding us that there is a strategy that will affect all departments from the Santa Marta Group. I pay particular tribute to the British ambassador to the Holy See, Nigel Baker, who has played a very important part in facilitating the discussions begun by that group and which have helped to concentrate the minds of people elsewhere in the world on these questions. He was also right to remind us that the appointment of the Independent Anti-slavery Commissioner will be an important contribution to highlighting these issues overseas.
The noble Lord, Lord Warner, was right to remind us of the question of the budget. We did not get an entirely satisfactory reply from the Minister on that point. I thought my noble and learned friend Lady Butler-Sloss put her finger on it, as always, when referring to the letters sent by the Independent Anti-slavery Commissioner in saying, “Are these powers sufficient?”. We still do not really know the answer to that. I am not in a position to make that judgment this evening.
I recognise that the Minister has shown a lot of good will, in his usual manner, in dealing with the amendment. Again reverting to the imagery he conjured of Wilberforce and his companions, it took them 40 years to get from the beginning of what they wanted to achieve to the end. In the immediate aftermath of the passage of the anti-slavery legislation—Wilberforce was on his deathbed when word was brought from Parliament that it had been enacted—it was very significant that all over the world, not least in the American Congress, other legislatures followed the example that had been set in the United Kingdom. We should look back to that period and remind ourselves that what we do here will affect what goes on elsewhere. That is why it is important that we get this legislation absolutely right. Although I want to reserve the position of my noble friend Lady Cox, who will no doubt be in
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touch with the Minister on her return—she may want to return to this at Third Reading—for the moment I beg leave to withdraw the amendment.
Amendment 30 withdrawn.
The independence and lines of accountability of the Independent Anti Slavery Commissioner:
Clause 40: The Independent Anti-slavery Commissioner
Moved by Lord Warner
27: Clause 40, page 30, line 40, at end insert “and may bring any matter to the attention of either House of Parliament irrespective of other provisions in this Act”
Lord Warner (Lab): My Lords, Amendment 27 is in my name and in those of the noble Lords, Lord Patel and Lord Alton, and the right reverend Prelate the Bishop of Derby. I shall also speak briefly to Amendment 29 in this group, which is in the same names.
I begin by acknowledging the efforts made by the Minister to respond positively to the many points raised in Committee by Members of this House from across the Benches. The House will recall that in Committee there was great concern that the Bill did not go far enough to ensure the independence of the Independent Anti-slavery Commissioner. Simply to call the commissioner “independent” was not sufficient if the Bill did not fully reflect that description. The Government have eventually, after a struggle, recognised those concerns to some extent in their Amendment 28. However, I gently draw the Minister’s attention to the fact that it does not even go as far as the rather modest collective amendment we have put down as Amendment 29.
Unfortunately, there is a somewhat grudging flavour to Amendment 28, which makes me retain my concern about the extent to which the commissioner remains clearly on a leash—even if, admittedly, on a slightly longer one—from the Home Office. That is why I
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have tried to provide an override provision in Amendment 27, which would enable the commissioner to,
“bring any matter to the attention of either House of Parliament irrespective of other provisions in this Act”.
That means exactly what it says. If the commissioner at any time considers that he or she is being thwarted or nudged away from airing publicly any significant concern that he or she has, he or she can draw upon the provisions in Amendment 27 to access either House of Parliament to ensure that the issue is brought into the public domain.
The amendment is not directed at any particular Home Secretary but is a provision based on what some of us have observed in Governments of all or any political make-up as reluctance to have difficult or embarrassing issues surface publicly. My colleagues want to ensure a stronger legal bulwark against any such temptation.
It is clear that Parliament has used such a bulwark elsewhere in relation to the Children’s Commissioner, whose functions are set out in the new Section 2 of the Children Act 2004 brought forward last year in the Children and Families Act 2014. New Section 2(3)(e) gave the Children’s Commissioner exactly the same access to either House of Parliament at any time he or she considered it necessary when discharging his or her functions. It states that the commissioner may,
“bring any matter to the attention of either House of Parliament”.
Therefore, not that long ago, this Parliament gave a commissioner with responsibilities for very vulnerable people—in that case, children—an absolute guarantee of access to Parliament should the need arise. Paragraph 436 of the Explanatory Notes to the 2014 Act makes it absolutely clear that the Children’s Commissioner can do this either through his annual report or by other means, such as writing to the chair of a relevant Select Committee. To put it graphically, if I may, if a Minister tries to gag the Children’s Commissioner or censor his utterances, the commissioner can go straight to Parliament.
We should also remember that other countries with equivalents to the anti-slavery commissioner give the person direct access to Parliament. The rapporteur from the Netherlands made clear to the Joint Select Committee on the Bill her ability to do this. She saw it as an important way of giving confidence to people outside that they could bring their concerns to the rapporteur.
As we discussed in Committee, the commissioner needs the trust and confidence of a wide range of agencies and interests if he or she is to be successful. That trust and confidence will be damaged, as the Joint Committee said, if there remain doubts or perceptions that the person’s independence is shackled by the Executive. No amount of warm words from Ministers can remove those doubts and perceptions. A statutory guarantee is required and Amendment 27 gives that guarantee. Having accepted that position in relation to the Children’s Commissioner as recently as last year, I hope that the Minister can do the same for the anti-slavery commissioner by accepting my
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amendment, which is framed in exactly the same way as the Children and Families Act 2014. If the Government are prepared to agree to Amendment 27, I will be strongly inclined not to press my Amendment 29. I beg to move.
Lord Alton of Liverpool (CB): My Lords, as the noble Lord, Lord Warner, indicated, I am one of those who put my name to the amendment, and I am very happy to add my support to it in a short intervention this evening. Before doing so, I endorse what the noble Lord, Lord Warner, said about the thoughtfulness and thoroughness of both the noble Lord, Lord Bates, and the noble Baroness, Lady Garden of Frognal, in dealing with Members from all sides of the House during the passage of this legislation, whether in the series of meetings organised in your Lordships’ House or in the face-to-face meetings with some of us who participated at the Home Office. We are all grateful to them for that. It is exemplary and it should recommend itself to other Ministers who are keen to facilitate their legislation through Parliament. This, of course, does not mean that we have always been of one mind or that we are necessarily going to agree about Amendment 27 to Clause 40.
The issue is the accountability of the Independent Anti-slavery Commissioner. I suspect that it may be one of those issues where we will not find agreement because it cuts right into lines of accountability through the Home Office. Departmental issues may take precedence over what I think may well be the private views of members of the Government but which they may not be able to voice here this evening.
The amendment of the noble Lord, Lord Warner, is commendable for its clarity. However, as he also indicated, it is a shrewd amendment, not least because it is based on the Children and Families Act 2014. If what we did a year ago was right in that context, surely it is right to follow exactly that precedent here again this evening.
It seems to me that one of the most important things is to recognise that, however good the nature or good will of individual Ministers, they, and even Home Secretaries, come and go. We are in a period where we face a general election. There may be a different set of Ministers—perhaps from the same party or maybe from other parties—in the very near future, so assurances given on the Floor of your Lordships’ House in the course of debate, even though they are given in good faith, cannot carry over in the same way that legislation carries over. Parliament does not come and go, unlike individual Ministers, and that is why it is so important that we place these words on the face of the Bill.
There have been plenty of precedents where uncomfortable, inconvenient and untimely issues have arisen, and departments have endeavoured to shelve them or kick them into the long grass, to suppress them or simply to ignore them. This amendment would prevent that. If we deemed such a provision to be necessary to protect children, surely it is necessary to protect victims of slavery, many of whom will in any case be children.
In a letter to me just a couple of days ago, on 20 February, the Independent Anti-slavery Commissioner, Mr Kevin Hyland, said:
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“My independence will be unwavering, whether that be toward law enforcement, government, the private sector or indeed any organisation”.
“My independence will be unwavering”,
in the direction of government, as he specifically states. Either he is independent or he is not, and this amendment gives him the parliamentary access which will guarantee him that unwavering independence. I hope that this evening the Government will indicate either that they will take this matter away and look at it between now and Third Reading or that they will recognise the spirit in which the amendment is being moved by the noble Lord, Lord Warner, and give some guarantees to the effect that he is seeking.
Lord Rosser: While the government amendment is welcome in extending the remit of the anti-slavery commissioner and allowing the commissioner to appoint his or her own staff, there are other areas where there still appear to be constraints on the commissioner’s independence.
The commissioner must still seek prior approval of strategic plans from the Home Secretary on his or her activities and areas of focus, and annual reports may also be subject to redaction before they are laid before Parliament and published. Apart from the impact on the commissioner’s independence, it is not clear within what timeframe this checking and seeking clearance has to be undertaken in order to avoid the prospect of delays, for example, in the publication of a report or the approval of a plan or programme. The delaying of the publication of reports by the Home Office is an experience apparently not unknown to Mr Vine, the Independent Chief Inspector of Borders and Immigration.
Annual reports from the anti-slavery commissioner may be redacted on the grounds that material may jeopardise the safety of an individual, prejudice an investigation or, in the view of the Secretary of State, be against the interests of national security. Perhaps the Minister could say how frequently it has been necessary to redact reports where the same conditions and criteria as it is proposed to place on the Independent Anti-slavery Commissioner’s reports already apply in relation to comparable commissioners or bodies.
As has been said, following the passing of the Children and Families Act 2014, the Children’s Commissioner can bring any matter to the attention of Parliament. And again, as has already been said, the Explanatory Notes to the 2014 Act state that the commissioner might do this, for example, through annual reports to Parliament or by writing to the chair of a relevant Select Committee. Under the 2014 Act, the Children’s Commissioner must as soon as possible lay a copy of his or her annual report before each House of Parliament.
In his letter of 16 February, the Minister said that,
“the Government’s intention has always been that the Independent Anti-Slavery Commissioner will be independent”.
But it appears that there are varying degrees of independence—or lack of independence, depending on which way one wants to look at it. Perhaps the noble Lord could say whether the Independent Anti-Slavery Commissioner will be in the same position
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when laying his annual report before each House of Parliament or writing to the chair of a relevant Select Committee as is the Children’s Commissioner under the Children and Families Act 2014—and, if the answer is no, why that should be the case.
Lord Bates: The noble Lord, Lord Rosser, put a direct question to me that other noble Lords have asked. It is because the nature of the information often involves serious crime and young children, and there are matters that may not be appropriate. That is something that is applied to other organisations—for example, with Borders and Immigration, with which the Independent Anti-slavery Commissioner shares an office.
I shall make some contextual remarks and thank the noble Lord, Lord Warner, for returning to this issue. He acknowledged that we have been on a journey with this Bill. The word “independent” was not in the Bill when it was in the other place. That was added and then, rightly, your Lordships asked what it actually meant in precise terms and whether the person has the right to appoint their own staff, or whether they should be able to draw them just from within the pool of the Home Office. Then we found out and were able to confirm that he had already been appointing staff from outside in his designate position, and that he had brought in people from NGOs working in this area to assist in this role.
One point that was helpful in the discussion when Kevin Hyland, the designate commissioner, came to speak to Peers, was that, from his own role, he wanted to be closely aligned to the Home Office because he felt that it gave him a certain amount of authority in dealing with modern slavery—not just within the Home Office but across government. We now have a cross-government strategy, which we have published. He felt that that was very important and that the fact of reporting to the Secretary of State at the Home Office would strengthen his ability to get the changes he wanted in engaging with police officers and other agencies. From his own point of view, he saw no contradiction—to pick up the point of the noble Lord, Lord Alton—and he wanted to be unwavering in how he put forward his case and reacted to his role, as he put it in his letter. I emphasise that that came out on 20 February; I do not think that anybody in the Home Office was consulted about it—and, of course, it was absolutely welcome. He wants to build a strong relationship with parliamentarians and to engage in that process.
The idea of any of us who have had the privilege of meeting Kevin Hyland thinking that he would be anybody’s poodle, let alone on a leash, is something that we do not accept. We want to make sure that he has a very serious statutory role to perform, charged by and answerable to the Secretary of State. His task is to ensure that victims are protected and perpetrators prosecuted. Under previous groups, we talked about how that might be done. This is a very good example of how that might be moved forward.
I know that there are concerns that reports are reviewed by the Secretary of State, but there is another element here, which I want the noble Lord
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to be cognisant of in pursuing his amendment. Amendment 27 would effectively allow the commissioner to report to Parliament about anything without the important necessary safeguards which would avoid inadvertently jeopardising national security, putting victims’ lives at risk or undermining an ongoing prosecution. Moreover—I ask the noble Lord to think very carefully about this point—Amendment 27 would legislate outside the legislative consent Motions passed by the Scottish Parliament and Northern Ireland Assembly, which were agreed specifically on the basis of the current powers to safeguard matters of important public interest. The amendment would leave a Bill that, if passed, would breach the Sewel convention, and put this critical UK-wide part of the Bill at risk. That is a very serious point for the noble Lord, Lord Warner, to consider.
I have tried to make the point to the noble Lord that, in welcoming his amendment, we have introduced our own amendment, which guarantees the commissioner’s independence of role over his budgets and recruitment of staff and also ensures that it is open to any committee to request the commissioner to come and speak to it. It is entirely within its ability to do that, and any Member of Parliament is entirely at liberty to communicate directly or to meet him, as has already been the case on many occasions. We simply underscore the importance of that role, and have this hesitation only in accepting the noble Lord’s amendment at this stage—it could put at risk some of the prosecutions being brought forward, if information should be inadvertently released. Given that we are dealing with matters of organised crime, that would be a very serious matter, which I know will weigh heavily on the noble Lord, Lord Warner. I ask him to keep that in mind.
Amendment 29 would entirely negate the effect of these essential provisions by allowing the commissioner to report to Parliament about any matter and override existing statutory information safeguards and restrictions on disclosure, such as those in the Data Protection Act 1998 or the Official Secrets Act 1989. I urge noble Lords not to effectively remove the critical and proportionate safeguards set out in the redaction provisions. I must also bring an important issue to the noble Lord’s attention, in the Sewel convention. That is very important to bear in mind. He is aware that the Government cannot support amendments in breach of the Sewel convention. To raise such a controversial constitutional issue at this stage in the life of a Parliament would put at risk important provisions for a UK-wide commissioner.
Given these serious risks, and my assurance that the commissioner will already have his annual reports laid before Parliament and be able to appear before parliamentary committees, I hope that the noble Lord will feel able to withdraw his amendment and support the government amendment to strengthen the independence of the commissioner.
Lord Warner: My Lords, that was all very interesting. I thought that there was a certain amount of scrabbling around by the Minister at the end when he went into the Sewel convention and letters of consent. He seemed to be struggling to put the old arguments together—and
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I can see that there has been some burning of the midnight oil in the Home Office to try to scratch together some of these arguments. It was interesting to hear the Minister talk of us going on a journey. It certainly has been a journey; it has been a rather hard slog through a lot of mud to try to get a bit more independence into this person’s role. I agree with him that this has been a journey. However, I have considerable doubts about whether it has been successfully completed.
I am genuinely grateful for all the work that the Minister has put in since the Bill came to the House, and I very much share the views expressed by the noble Lord, Lord Alton. However, that does not alter the fact that we are legislating for the future, not just for now. I have heard nothing in the Minister’s arguments which convinces me that this House should not include in the Bill an ability for this commissioner that is the same as that of the Children’s Commissioner to have direct access to Parliament when the need arises. I say to the Minister—
Lord Bates: The noble Lord claims that he heard nothing, but what does he say to the point about the Sewel convention? It is a serious constitutional point about how this proposal would affect the Scottish Parliament and the Northern Ireland Assembly.
Lord Warner: My Lords, if I may be allowed to finish what I was going to say, it would probably be helpful to the Minister. I am not one simply to reject out of hand some of these constitutional issues. However, we are also concerned about the position in this country—England—as well as the position in Scotland and other parts of the United Kingdom. We have the largest population and we are probably dealing with the largest number of enslaved, exploited and trafficked children. If the Government consider that this amendment needs to be amended between now and Third Reading, they could do so and have negotiations with the Scottish Parliament, the Northern Ireland Assembly and so forth. People have these discussions with other government departments when there is a reasonable period of time in which to do so.
In conclusion, on the basis of what I have heard, I see no reason for not testing the opinion of the House.
Division on Amendment 27
Contents 154; Not-Contents 178.
On November 17th the House of Lords debated the new Modern Slavery Bill:
Article 4 of the 1948 Universal Declaration of Human Rights states that :
“No one shall be held in slavery or servitude: slavery and the slave trade shall be prohibited in all their forms”.
The Bill which had its Second Reading in the House of Lords yesterday is a genuine, welcome and long overdue attempt by the Government to address contemporary forms of slavery – particularly human trafficking and to meet our Article 4 obligations. I particularly pay tribute to the work of the Rt.Hon Frank Field MP, Sir John Randall MP and Baroness Butler-Sloss, as well as many NGOs and individuals, particularly Anthony Steen and Danny Smith of Jubilee Campaign. Although there will be attempts to amend and strengthen the Bill, it would be churlish today not to congratulate the Home Secretary and her team for the work which has been done thus far.
The Government has also shown a welcome willingness to incorporate changes suggested during the pre-legislative process, particularly further support for victims, and their later decision to incorporate a new provision on transparency in business supply chains although there needs to be clarity on the terms of reference for the consultation, the proposed end date for the consultation, and when the Government expects to present legislation on that issue.
In a letter to Peers last Friday the Government announced that Mr. Kevin Hyland has been appointed as Anti-slavery Commissioner. He has great experience of law enforcement but I was surprised that this appointment preceded the parliamentary debate on what the role and mandate of the Anti-Slavery Commissioner will be. Is this role to be about policing or about leadership and strategy? It would have been bettere if Parliament had been given the chance to discuss the necessary skill sets before an appointment was made.
We also need to discuss the concerns raised last week in their Report by the Joint Committee on Human Rights, who suggested that the Bill provides insufficient protection for the independence of the Anti-slavery Commissioner, specifically in relation to appointment, staffing, powers to report on subjects other than those authorised by Government, and Government redaction of reports. The Committee argued that without greater independence and a broader mandate the new post risks becoming an adjunct of the Home Office concerned mainly with law enforcement, rather than a vital new part of our national human rights machinery.
As to the main provisions of the Bill, I don’t think anyone could reasonably claim that the Bill as drafted is the last word. Rather, it is the like the proverbial Curate’s Egg: “there in parts”. This unfinished work is capable of significant improvement when the House reaches Committee and Report Stages.
Shortly after entering the House of Lords in 1997, and after visits to countries like Sudan, Burma, and North Korea, I began to press the then Government to legislate on modern forms of slavery and on human trafficking.
In June 2002 having been told by the Government that “At present there is no specific offence of trafficking in human beings and so no data exist about the confiscation of assets of those engaged in this practice” I attempted to amend the Proceeds of Crime Bill. People trafficking had become the fastest growing facet of organised crime, generating £4.3 billion a year – the third largest source of profit for organised crime after the trafficking of drugs and firearms.
I told the story of an Albanian woman, kidnaped, raped and , believing she had been rescued was brought London, only to be forced into prostitution by her trafficker. A year later I described Saw Naing Gae an eight years old Burmese child whose parents were shot dead by the Burmese military. He was then trafficked across the border and sold to a Thai family. Two cases among hundreds of thousands; cases which demonstrate that this is a global issue demanding global solutions.
In 2002 my amendments called for the proceeds of trafficking to be channelled into the support of victims and the resourcing of a strategy to tackle this scourge at source – something I was glad to see the new Commissioner called for over the weekend.
Supporting me in 2002, the late Lord Wilberforce, a law lord and descendent of William Wilberforce, described trafficking as “a pervasive crime committed in all kinds of areas by all kinds of people. It must be dealt with by a great variety of authorities and police forces all over the country, many of which have no idea of the nature of the crime or the remedies available to deal with it.”
The Morecambe Bay Cockle Pickers
Two years later, the failure to combat human trafficking was underlined by the tragic death of 23 Chinese cockle pickers who died in Morecambe Bay – part of a criminal racket, exploiting workers all over England, and estimated to funnel £1m per day back to China.
In 2006 Parliament created the Gangmasters Licensing Authority but 2013 research by Durham University found it had insufficient teeth; and that those trafficked for labour exploitation would soon exceed those trafficked for sexual exploitation.
Professor Gary Craig, said there was a “real problem” getting people to acknowledge that “slavery exists in the UK” and that his research “suggests there may be upwards of 10,000 people at any one time in the UK in conditions which we would class as modern slavery.”
The mandate of the GLA should be extended, have powers of arrest and investigation and keep fines to fund its work. Professor Craig says the resources directed to the GLA are “totally inadequate.”
Part of the hold over migrant workers like the cockle pickers is the debt bondage which affects more than 20 million people. Modern-day forms of slavery—based on discrimination because of racial origin, forced labour, child labour, trafficking and debt bondage—all underpin the economic and trade relationships from which we and many other countries continue to benefit.
In confronting all of this does this Bill do enough? Does it justify the Government’s claim to be “world leading” and to be making “legislative history”? Measure the claim against, the independence of the Anti-Slavery Commissioner; the treatment of victims and migrant domestic workers; and the development of transparency of supply chains.
The European Convention on Human Trafficking and the European Directive require us to provide support services to victims. In 2012 report of the Group of Experts (GRETA) invited “the British authorities to enshrine in law the right to a recovery and reflection period” and recommended the UK should “ensure that all potential and actual victims of trafficking are provided with adequate support and assistance from their identification through to their recovery.” GRETA specified that among other things this should include: “adopting clear support service minimum standards for victims of trafficking and the provision of adequate funding to maintain them.” It’s hard to see how we can comply unless, for instance, legal aid is restored for victims of trafficking and slavery?
By contrast with our provisions, in October, the Northern Ireland Assembly voted to introduce statutory support services for the victims of trafficking and to introduce statutory child trafficking guardians. Are we really going to provide victims of trafficking less protection in England and Wales than in Northern Ireland?
The most vulnerable group of victims will always be children. It is said that 60-70% of trafficked children have gone missing from care.
In April the House decisively supported Lord McColl’s proposal for introducing Child Trafficking Guardians. But compare the weakness of Clause 47, stating that the Home Secretary will merely produce guidance on support services with the definition of the role which we voted in favour of in April.
I would like to see the Bill introduce a specific offence of child exploitation and trafficking and include a statutory principle of non-prosecution so that children who have been trafficked are not detained, prosecuted or punished for offences committed as a direct consequence of their trafficking, slavery or exploitation.
The Bill also fails migrant domestic workers. We need to provide minimum standards for protection and support and create a right of migrant domestic workers to change employer and to apply to renew their visa while in full time employment; and implement the strong recommendations of both the Joint Committee on the Draft Modern Slavery Bill and the Joint Committee on Human Rights who called for the reinstatement of the pre 2012 protections for migrant domestic workers.
Last week I met with the Transparency in Supply Chains Coalition and I strongly support their proposals to strengthen the Bill in five respects: (i) coverage; (ii) minimum requirements; (iii) reporting; (iv) monitoring and enforcement; and (v) review. These recommendations draw on their wide experience of corporate responsibility and supply chain management, and also in light of experience of the implementation of the California Transparency in Supply Chains Act of 2010,
The need for measures to tackle modern slavery in company supply chains is amply demonstrated by abuses and exploitation of workers in cotton mills in Tamil Nadu, India. The mills in this region supply high street retailers such as C&A, Mothercare and Primark.
Or think of the children of brick kiln workers in India and Pakistan who have no future except to adopt the profession of their parents because they have no opportunity to access education.
The report – Flawed Fabrics – published in October details forced labour abuses, including physical confinement in the work location, psychological compulsion, and false promises about types and terms of work. These are modern slaves and our high street decisions keep them in servitude.
The findings included “prison-like conditions” in which the women are literally bonded, and girls as young as 15 recruited from marginalized Dalit communities in impoverished rural areas – some of which I have seen first-hand. It reports that workers were lured away with the promise of good wages and working conditions, only to experience “appalling conditions that amount to modern day slavery and the worst forms of child labour.”
The report makes several recommendations on brands, retailers and manufacturers it highlights the need for supply chain mapping, transparency and identifying risks.
Such monitoring needs to go beyond tick box approach. NGOs working on the issue have highlighted how easy it is for mills to welcome inspectors, make a presentation to them while behind the scenes the workplace is tidied up, health and safety equipment handed out temporarily, and move under-age workers out of sight. It is essential that the Bill include minimum measures of disclosure with an emphasis on a collaborative approach to monitoring. It is essential to have effective legislation requiring companies to effectively monitor their supply chains and to ensure that this is done beyond the first tier of suppliers. This needs to be done across all large companies to ensure a level playing field.
There should be a requirement on the face of the Bill that a company’s report on slavery in the supply chain must be referenced in the Directors’ Report for each financial year; a requirement in the Bill that reports should be placed in a prominent position on the company’s website (prominently linked to from their homepage); a central repository of the company reports on a government website; a clarification on the face of the Bill that the provision should be the responsibility of the Board and/or CEO; and a recognition that year on year reporting should be progressive.
I would also like to see a requirement for all UK embassies to prepare an annual account of trafficking and slavery in the countries where they are located, to form part of an annual report to Parliament by the Slavery Commissioner, comparable to the US State Department’s annual report of the Office of Trafficked Persons.
In 2006 in the run up to the bicentenary celebration, in 2007, I took part in a House of Lords debate on the abolition of the transatlantic slave trade.
I mentioned that the city of Liverpool, where I served as a Member of the House of Commons for 18 years, had been at the epicentre of the historic slave trade. Ships like the ironically and perversely named “The Blessing” literally stole people from their homelands and ferried them into servitude and misery.
It is estimated that by the end of the 18th century, 60 per cent of Britain’s trading activities centred on Liverpool In total, British ships are estimated to have made 12,000 voyages and to have carried 2.5 million slaves. It is a poignant and shaming experience to stand, as I have done, at the Gate of No Return in Benin, from where so many of Africa’s slaves were wrenched away from their homes, their families, their culture and their identity.
I have a chair at Liverpool John Moores University and am Director of its Roscoe Foundation for Citizenship. William Roscoe was one of those who defiantly stood against the slave trade and, in 1807, during the three months he served in another place, he was able to join with William Wilberforce, in voting against the transatlantic trade. Sadly, he did not live to see the repeal of the slave laws in 1833. Men like Roscoe and Wilberforce, Thomas Clarkson, Grenville Sharpe, Ouidah Equiano and the Rathbone family, help to redeem that sordid period of our history.
Many of our predecessors in Parliament argued against repeal insisting that to do so would spell ruinous economic disaster for England and her Empire. Economic interests remain a potent factor in the continuation of slavery and is why today even more people are enslaved than in those distant times.
According to the International Labour Organization around 21 million men, women and children around the world are in a form of slavery, estimated to generate a profit of $150 bn per annum.
It is significant that Rathbones – who can count Liverpool’s William Rathbone IV as one of the strong voices raised against historic slavery, have been at the forefront of the campaign for transparency in supply chains, saying: “The power of business needs be enlisted in the fight against modern slavery, as only business has the global reach and necessary resource to make a genuine difference.” Rathbones have published a letter signed by investors with £950 billion of assets under mamanegement.
Along side investors like that the Modern Slavery Bill can also play its own part in that fight but we will need to strengthen it further before it is enacted if it truly is to set a world standard.