HANSARD
Northern Ireland (Executive Formation etc) Act 2019 Section 5
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- The Parliamentary Under-Secretary of State for Northern Ireland (Mr Robin Walker)I beg to move,That this House takes note of and approves the Report pursuant to Section 3(12) of the Northern Ireland (Executive Formation etc) Act 2019 - Use of discretionary powers to provide assistance and support under section 18(9) of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015, which was laid before this House on Wednesday 4 September.It is an honour to speak for the first time as a Northern Ireland Office Minister, though by no means for the first time on Northern Ireland matters.On 4 September, my right hon. Friend the Secretary of State laid before Parliament a report on the use of powers to provide support and assistance under section 18(9) of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015. As Members will know, the policy on modern slavery is a devolved matter in Northern Ireland and is dealt with by the Northern Ireland Department of Justice. I thank officials from the Department for the assistance they have provided in producing this report.Modern slavery is a truly abhorrent practice that can often have long-lasting physical and psychological effects on its victims. It is unsettling to realise that those who are vulnerable in our society could be subjected to such crimes, but the distressing reality is that callous traffickers and enslavers are operating across the UK, including in Northern Ireland. I recognise and welcome the significant good work that daily continues to be taken forward by partners in Northern Ireland, across Government and by statutory agencies, civil society and the Police Service of Northern Ireland, in seeking to tackle this issue.We know that modern slavery is happening in Northern Ireland and I am aware that the Department of Justice has recently welcomed a number of convictions under the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act. This is encouraging, as it undermines any low-risk, high-profit perceptions that might have been held by exploiters and traffickers and sends out a strong message that modern slavery will not be tolerated in Northern Ireland. As with the rest of the UK, Northern Ireland has in general seen increasing numbers of referrals to the national referral mechanism over the past five years.
- Will the Minister congratulate the PSNI on what it did today and over the weekend when it caught some of those involved in human trafficking and its after-effects? Does it perhaps show that the PSNI needs this legislative back-up to pursue criminals who do not care about people as individuals but look upon the people they traffic not as people but as commodities? The PSNI can do its job, but the Minister and the Government need to do theirs alongside it.
- Mr WalkerThe hon. Gentleman makes a powerful point. I was going to come to the actions of the PSNI in my closing remarks, but let me congratulate it on its work. It is clear that, while the legislative framework is slightly different in Northern Ireland from that in the UK, it is enforcing the law actively, which sends an important message to the traffickers. He will recognise that the report relates to specific support under the law of Northern Ireland, rather than to the issue of who is arrested and for what, but his point is very valid, and certainly I am unstinting in my praise for the work of the PSNI in protecting the victims of trafficking and indeed protecting the whole of society across Northern Ireland.
- Lady Hermon (North Down) (Ind)I welcome the Minister to the Northern Ireland Office. He did a superb job in the Brexit Department and I am absolutely delighted, as I am sure is everyone, to have him in the Northern Ireland Office, though we regret that we have to share him with the Scotland Office.I am grateful to the Minister for his praise for the work of the PSNI—it is right that he praised it—but I am concerned about the aftercare for those trafficked. There is a growing number of particularly women but also men who have been trafficked and rescued—thank goodness—by the PSNI. What happens to them afterwards? Does the Department of Justice in Northern Ireland have a record of those who are deported? More to the point, are they allowed to stay in Northern Ireland and given settled status when they are rescued from the horrible ordeal of being trafficked?
- Mr WalkerThe hon. Lady makes a powerful point. I want to come to the elements in the report that focus on the support to victims of trafficking—that is what it is really focused on. It is important that we send a message, as we have done in our many discussions in the wider debate about human trafficking in this place—that the victims should be protected and reassured wherever possible that their rights will be respected. I join her in acknowledging that.The number of referrals has gone up, perhaps as a result of greater awareness of the issue and increased reporting. Tackling modern slavery is a key priority for the Department of Justice in Northern Ireland and, as we have discussed, for the PSNI, and I commend them for the work they have done with other Departments that have significant roles, such as the Department of Health, which is responsible for child protection.I know that across the statutory agencies and civil society organisations with which the Department is working there is a group of hugely committed and dedicated people who are pursuing offenders, providing essential support to victims so that they can rebuild their lives, and actively raising awareness or trying to reduce demand.
- There is an organisation in my main town of Newtownards. It is a charity group and probably a church group as well. The hon. Member for North Down (Lady Hermon) referred to aftercare and the follow-on. I think that is what it does. Will there be funding, grant aid and assistance to help those organisations doing such marvellous work, albeit under the radar—they have probably never heard their name mentioned. They are doing the work where it matters and some assistance to help them would be gratefully received if possible.
- Mr WalkerI recognise the hon. Gentleman’s support for the organisation in his constituency and his bid for assistance. As he will appreciate, the report we are discussing is specifically focused on one element of this, but I will take that away and take it up as something we can discuss as we move forward.
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- Mr WalkerI will give way to the hon. Lady, but then I will make some progress so that we can get into the meat of the report.
- I note from the report that the immigration status of those who have been rescued and entered the system is not held. I want to echo the point made by my hon. Friend the Member for North Down (Lady Hermon) about aftercare. If this information is not held, as indicated in the report, how can we be sure that those who have suffered from human trafficking are being looked after on their onward journey and not experiencing problems with settled status and potentially being deported?
- Mr WalkerI want to come to the specific point about the information that the report does and does not contain. Clearly, as it sets out, there were concerns, given the small number of individuals involved, that to disclose their immigration status could result in some of them being identified. That was the reason the Northern Ireland civil service did not want to go further in disclosing that information. That said, the hon. Lady raises an important point: the aftercare should be there.
- The paucity of information in the report is staggering and the response about immigration status totally inadequate. It says that the Department of Justice does not hold this information and would have concerns if it did because of the limited number of people involved. The legislation passed by this House does not ask for that information from the Department, as is accepted in the second footnote where it states it would be possible for a competent authority to provide the information. We would understand that to be the Home Office. If there had been any serious intent behind the research for this report to the House, in compliance with the legislation, it would not have been much trouble to ask the Home Office for that relevant information. It is a point of concern. It has been raised by three Members now and it would be appropriate for the Minister to push back and ask for that information.
- Mr WalkerI certainly take onboard that feedback from a number of Members, but it is not just that the Department of Justice in Northern Ireland does not hold that information. We recognise that another competent authority could advise on immigration status, but given the small number of victims involved—16 over three years—the concern was that information on their immigration status could make it possible to discern their identity. That is why the view was taken not to include that information in the report, but I recognise the strength of feeling, and I will reflect on it in any follow-up action.I want to come back to the Department of Justice’s role. I have read its 2019-20 modern slavery strategy and I note the priorities of pursuing offenders, protecting victims and preventing further vulnerability to modern slavery. The nature of Northern Ireland and its structures—one police service, five health and social care trusts—and its relatively small geographical size can only help to support a truly joined-up strategic and operational response. Partnership is key to delivering that strategy, as are training and awareness, together with strong links with colleagues in neighbouring jurisdictions.The report, which was laid before Parliament on 4 September, contains information specifically on how many times the Department of Justice has considered it necessary to provide ongoing assistance and support for victims of human trafficking for whom there has been a conclusive determination that the person is a victim of trafficking of human beings, under the discretionary power under section 18(9) of the 2015 Act. It also outlines the reasons the Department has decided it is necessary to provide that support. I recognise the importance of the support that is provided to adult potential victims of modern slavery under section 18 to assist them in recovering from their experiences—we should acknowledge that separate arrangements are in place for children.It was clearly the will of Parliament that the Secretary of State should report on this issue. We have already discussed the caveats for the one area where we have perhaps been unable to report in the detail that the legislation originally specified. I will certainly take away the strength of feeling that we have already heard in the debate, and I look forward to hearing what hon. Members across the House have to say.
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- I, too, welcome the Minister to his new post. He and I have previously met and talked in our respective roles in the British-Irish Parliamentary Assembly. He is a great loss to the Brexit team but a great addition to the Northern Ireland Office team, given his knowledge.This is a cruel subject and there are many victims. I was recently involved in the police parliamentary scheme, as many other hon. Members have been, and I spent a day with the trafficking team here in London before going out on one of their investigations. Anyone who has seen up close the work that they do could only be massively impressed. It is very difficult work, and meeting and talking with victims is hugely emotional. I pay tribute to the work that they are doing here in London and to support teams across the United Kingdom and Europe.It is very valuable to have this discussion about victims in Northern Ireland. The European Commission’s recent report “Together Against Trafficking in Human Beings” highlights that:“Northern Ireland is the only part of the United Kingdom to have a land border and traffickers and enslavers exploit this. We therefore have strong links and effective partnerships in place to ensure that law enforcement organisations from both jurisdictions work together to tackle modern slavery.”That is a core part of the United Kingdom’s work in this area. I therefore have a few questions for the Minister. First, in the context of the discussions that are now happening, and not just on the European arrest warrant but in relation to our joint north-south arrangements on human trafficking, which are a core part of the UK’s defence in this area, what discussions are taking place to ensure that traffickers and enslavers are not allowed to exploit the situation at the border.Secondly, as has been mentioned already, support for victims really does rely on policing. We have heard about some good success this weekend, but the chief constable of the PSNI has said that he will require an extra 800 police officers over the next few months, so resourcing in this area is a massive problem. Having seen up close the level of resource needed by police forces in the rest of the United Kingdom—I have not been to Northern Ireland to see the work being done there—I know that it is a massive problem, and they will have to make decisions about those competing priorities. Again, we need an assurance from the Minister that the Government will be cognisant of those priority decisions that the chief constable is having to make now with regard to policing over the next few months, to ensure that the situation is not further exploited by traffickers.
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- The 2019 Act states that the report must include reference to“progress on the use of discretionary powers”and that it must cover three distinct areas. The key words here are “progress” and “must cover”. I believe the Minister to be a most courteous and conscientious Minister—I, like many other colleagues, welcome him to his new post—but I regret to say that this scant report is a sadly inadequate response to a very grave subject. Only two of the three questions are even touched on in any way. If we are to learn what works in tackling the huge scourge of human trafficking, we need better data-gathering systems, and one thing that the report clearly does highlight is the need for that to improve.