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Lord Bassam of Brighton: I was not there on that occasion but I expect that the noble and learned Lord has a point.
The term "for purposes of gain" is obviously widely drawn and the courts will understand that. There is no harm in reflecting further on the amendment, as recommended by my noble friend Lord Judd. I say that without making a cast-iron commitment about bringing anything back. Our short debate has been valuable and it has allowed us to focus on the issue. We have put some important points on the record, so I hope that Members of the Committee will feel more comfortable about withdrawing their amendments.
Lord Thomas of Gresford: I would like the Minister to consider and reflect upon the fact that it is rare to see a charge of trafficking in prostitution appearing in the higher courts of this country. No doubt the Home Office has the figures. Perhaps one of the problems in bringing such a charge is the necessity to prove gain. The response of the pimp who is arrested and said to be controlling prostitution is, "That's my girlfriend. My relationship with her does not involve passing money". It is difficult to disprove that, particularly when the lady is not prepared entirely to co-operate with the police or the prosecution. Therefore, from a practical point of view, proving gain may be difficult.
I am encouraged by the Minister's reply and ask him to consider whether now is the moment to amend the wording. I suggest that we do not follow what has happened previously, which has produced few successful prosecutions, but strike out in accordance with the United Nations protocol and soforth and define with those who advise him a workable way of dealing with what we all regard as a serious and challenging problem. For the moment, I beg leave to withdraw the amendment.
Amendment, by leave, withdrawn.
[Amendment No. 238ZGR not moved.]
On Question, Whether Clause 126 shall stand part of the Bill?
Baroness Carnegy of Lour: At Second Reading, I drew attention to the fact that only Clauses 126 and
127 did not apply to Scotland. I asked the Minister to explain what would happen in that regard because it seemed necessary that the provisions should apply throughout the United Kingdom. The noble Lord, Lord Filkin, was kind enough to write to me about the matter and he told me that the Scots Parliament, to which the matter is devolved, stated that it would legislate in similar terms.Will the Minister assure the Committee that that will happen with all speed? Stop-gap though the measure is, it will be awkward if the offence does not apply to Scotland because there will be a large loophole in the arrangements. I do not require another letter from the Minister, but if he does not know the answer perhaps he will give me an assurance that the Scots Parliament will be asked to get on with it. It is in recess and has been for a couple of weeks, so I have not been able to discover anything.
Lord Bassam of Brighton: Knowing that the noble Baroness was likely to raise the question, our civil servants have been swift off the mark and provided me with a briefing note. It is clear. As the noble Baroness rightly says, this is a devolved matter. We do not intend that there will be a loophole across the UK and it is intended that similar legislation will be brought before the Scottish Parliament. We are in discussion with our colleagues in Scotland to that effect, although the details are not yet available.
I hope that that provides the reassurance sought. I give it honestly and openly.
Lord Thomas of Gresford moved Amendment No. 238ZH:
- After Clause 126, insert the following new clause—
The noble Lord said: The amendment seeks to insert a new clause after Clause 126 to protect victims' rights. We set out a framework for protecting and supporting the victims of trafficking. Estimates vary, but the latest estimate suggests that thousands of people are subject to trafficking in this way.
We believe that the victims of trafficking need a breathing space or a reflection period during which they can receive assistance, can recover and can reach an informed decision on whether to co-operate in prosecuting the offenders. It may be that such people
The period of reflection proposed in the new clause would also give agencies an opportunity to offer the support and assistance needed to help these people regain control of their lives and come to an informed decision about giving evidence against traffickers. Even if they are not prepared to assist in a prosecution, they can be a vital source of intelligence and information which can assist in the arrest of the traffickers.
This is not a novel proposition. Similar provisions apply in the Netherlands where a three-month period of reflection is offered; the same is the case in Belgium. The European Union directive on short-term residence permits is proposing its introduction for all Union states. A period of six months may be necessary in the case of children.
Subsection (3) provides a safeguard where there is a reasonable likelihood that the victim, on his return home, may be subject to torture or other human rights abuses. The protection should be available regardless of whether the victim wishes to co-operate with the authorities in a prosecution.
Perhaps I may quote the United Nations High Commissioner for Human Rights who has said:
Lord Judd: I should like, briefly but very warmly, to support the amendment moved by the noble Lord, Lord Thomas of Gresford. When one repeats a remark, its credibility may be in doubt, but I hope that my noble friends on the Front Bench will forgive me to saying again that I believe them to be decent and humane people. I wish to emphasise only one point.
Imagine the trauma and the nightmare that some of these people will have endured. In the name of decency and humanity, does not the amendment suggest the minimum civilised response to their situation and does it not strengthen the determination to ensure that they are dealt with only legally and administratively, but helped to restore themselves to some kind of hopeful and positive life?
The Earl of Sandwich: I rise to support the amendment and to declare an interest as a council member of Anti-Slavery International. Although I did not speak to the previous amendment, I was not impressed with the Minister's response on that occasion. I hope that this time he will offer a more generous response.
Anti-Slavery International estimates that hundreds of women and children are trafficked every year into the United Kingdom for sexual and labour exploitation. That has been confirmed by Home Office research undertaken in 1998 as well as by research published last year by the End Child Prostitution campaign. Yet we still have no legislation aimed specifically at the prohibition of trafficking of this kind and no specialised agency to which victims can be referred. Anti-Slavery International and other NGOs which have been approached cannot provide the necessary support on their own.
The Government have given an undertaking that legislation is on the way consistent with the EU framework decision, which is encouraging. However, as the noble Lord, Lord Thomas, said, these two amendments are designed to cover the intervening period to provide protection for victims of trafficking who might otherwise have no redress.
As the noble Lord explained, the first amendment proposes a reflection period of three months, or six months in the case of children, during which victims would have access to services during police investigation. As the noble Lord said, their irregular immigration status currently means that they are liable for immediate deportation. The amendment follows the Italian model, which I understand has proved quite successful.
The second amendment seeks to establish a fund which would support non-governmental organisations and those agencies which provide safe houses and services and would pay compensation to victims. This would cover the period until the Government decide—as we expect they will—to support a well-resourced organisation, as recommended in the Home Office's own research paper.
Taken together these amendments would surely strengthen the Government's hand and provide the necessary protection while we are awaiting the legislation.
"PROTECTION OF VICTIMS' RIGHTS
(1) For the purposes of this section, a "victim of trafficking" is a person described in section 126 as the "passenger", irrespective as to whether a person is charged with an offence under section 126 or at all.
(2) A victim of trafficking shall be granted a reflection period of not less than six months in which to make an informed decision as to whether to co-operate with the authorities in a prosecution during which time such victim of trafficking will be given access to suitable accommodation, medical, psychological and material assistance and information regarding their legal rights in a language they can understand.
(3) Where there is a reasonable likelihood that, if removed from the United Kingdom, a victim of trafficking will be subjected to treatment contrary to Article 2, 3, 4 or 5 of the European Convention on Human Rights, the Secretary of State shall grant that individual exceptional or indefinite leave to remain."
"Victims should be entitled to adequate protection under any circumstances, irrespective of any decision to instigate judicial proceedings".
I beg to move.
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