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Lord Dholakia: I shall be very brief. Bearing in mind the cross-section of opinion expressed in this debate, I
ask the Minister to consider, if at all possible, a time of reflection not only for the victims but for the Government. I ask the Government to consider very seriously the possibility of sitting down with us between now and Report stage to explore the ways and means by which we can take this issue forward. Protection of the victims will be of paramount importance in that discussion. The Minister has suggested the possibility of meeting on other issues. Perhaps we can do so in relation to this issue.
Lord Filkin: This has been an important debate on an incredibly important issue. I think that all sides of the Committee have recognised the seriousness of the issue, both in terms of what one understands to be the increased scale of trafficking of women and sometimes of children for the purposes of sexual exploitation—if media and other reports are to be believed, such trafficking has grown very considerably in London in recent years—and in relation to the potential effects on women and even more so on children. I hardly need labour the effect that prostitution has on any woman or child. However, that is compounded in circumstances where a person is afraid of escaping from such oppression as that person is most probably an illegal immigrant. Such a step may also put their family at risk. These people are in a position of servitude or semi-servitude in terms of the oppression they suffer.
The Government stand foursquare with all those who express concern at this situation. The issue that divides us, however, concerns the mechanisms or rather the timing by which the matter is to be addressed. We set out in our White Paper, Secure Borders, Safe Haven, a comprehensive strategy to clamp down on organised criminals and to deal appropriately with the victims of the crime that we are discussing. We have made it clear that Clause 126 is a stop-gap measure pending much more comprehensive legislation on trafficking for sexual and labour exploitation when parliamentary time permits. For reasons that the Committee will understand, I cannot go further than that at this point in time. I do not know what the position is in that regard and I am not in a position to say what is in the Queen's Speech.
Nevertheless, it is clear that this Bill alone cannot pretend to deal comprehensively with the scale of this issue. That is why we believe that there is a need for separate legislation. Work is going on to explore those issues. In that respect I am happy—as I hope that I always am—to accept the invitation of the noble Lord, Lord Dholakia, to have further discussions. I say that without commitment. I hope that we can discuss early stages of thinking and that I shall be able to give what comfort I can with regard to the seriousness with which the Government address this issue.
We are not passive on these issues. Already in co-operation with the voluntary sector we are considering how we shall offer victims of trafficking particular support so that they can escape their circumstances, and also help law enforcement against organised criminals. Where they are willing to come forward to the authorities, we are considering special
arrangements for their protection. We shall also consider whether it would be appropriate to allow them to remain here. Where they are to return home, we are considering how to assist them to do so and how to provide them with counselling to ensure that they have suitable accommodation to return to and help to enable them to reintegrate into their own community and find employment.As the Committee will know, it is already possible to allow a reflection period where it is considered appropriate. It is also possible to grant exceptional and indefinite leave to remain. Each case is considered on its individual merits. However, we do not think that an automatic reflection period would be appropriate in this case. I was interested in the points that were made about, I believe, Dutch and Belgian legislation by the noble Lord, Lord Thomas of Gresford, and, I believe, Italian legislation by the noble Earl, Lord Sandwich. It will hurt us little to explore what is done elsewhere and to reflect whether we can learn anything from that either in respect of this Bill or in respect of further legislation.
Although we have considerable sympathy with the aims of Amendment No. 238ZH, we are concerned that the provisions would apply even where it may be clear at the outset that the person concerned cannot be charged because his or her identity is unknown or because they are in an outside jurisdiction. There is also concern among investigators that the creation of a fixed reflection delay could be an impediment to prosecutions in some cases because of the time lag involved. Of greater concern is the fact that the existence of such a widely drawn reflection might have the opposite effect to that intended by creating a perverse incentive to increase trafficking. I take the point about what is happening elsewhere in Europe. We can test some of our concerns against that experience.
It is already possible for a person who is brought to the UK and forced to work as a prostitute to be allowed a period of reflection. But we do not believe that it is necessary to make mandatory statutory provision for that. However, we shall reflect on that. The measure stipulates that a victim should be granted exceptional or indefinite leave to remain but it is unnecessary to make provision in the Bill. Where we are satisfied that there is a reasonable likelihood that anyone—a victim of trafficking or not—is at risk of being killed or subject to torture or inhumane or degrading treatment, they will not be removed from the United Kingdom. The same applies where persons are held in slavery or servitude or are deprived of their liberty. Exceptional leave to remain is leave granted on a discretionary basis, outside the provisions of the Immigration Rules. It would be anomalous to set criteria in legislation.
I am four-square with those who spoke on support services for victims of trafficking. It is a significant issue. Creating a separate fund for that specific category is not right or necessary when specific funds are not created for other categories of offence. That does not refute or gainsay the need for appropriate
support services. I have already signalled that that aspect will have to be considered as part of later legislation. We currently pay an annual grant of £28 million to Victim Support, to enable that organisation to provide a range of services to victims of all types of crime. We are also working with the voluntary sector to identify the cost implications of making provision for the victims of trafficking.The noble Lord, Lord Hylton, commented on the need for safe houses. That point was covered by my previous remarks about the comprehensiveness of the support that may be necessary. The noble Lord, Lord Clinton-Davis, asked about the situation in Europe. There are no proposals for European law to provide victim support and no basis of which we are aware for such a measure. As I understand it, that matter is regarded as one of national competence, not for supranational action. However, international action is co-ordinated through Project Reflex, to identify trafficking criminality and there is evidence that is bringing some benefits. The noble Lord asked also about police consultation. We are in the process of consulting the Metropolitan Police, who are represented on the steering group at deputy assistant commissioner level.
I have given assurances that we shall reflect, but I invite the noble Lord to withdraw the amendment.
Lord Thomas of Gresford: I am grateful to all Members of the Committee who have spoken. I shall remember the passion with which the noble Lord, Lord Judd, spoke. If I had closed my eyes for a moment, I might have thought that the noble Lord was speaking from our Benches. I hope that some of his passion will infiltrate the Home Office when it examines these amendments.
When considering Amendment No. 238ZH, we looked at co-operating with the prosecution and giving access to suitable accommodation and providing medical, psychological and material assistance, together with information about the person's legal rights in a language that he can understand. That amendment was presented in a balanced way, without an emphasis merely upon supporting a prosecution.
I was disappointed with the reply about the trafficking fund. We do not feel that the amount of money available is great—perhaps it is not great enough. I was not impressed by the noble Lord the Minister's response that creating a separate fund is not necessary because there is another means of providing compensation. I was a member of the Criminal Injuries Compensation Board and resigned when the then Conservative government broke the link between common law damages and compensation, so that victims of crime receive substantially less compensation that they would otherwise do. That change was vehemently opposed by the Labour Party, led by a current Member of Parliament, but the current Government have done nothing to restore compensation to a proper level. I am not at all impressed by the Government's argument.
However, we are encouraged by the noble Lord's expression of willingness to take the advice of my noble friend Lord Dholakia and to undergo a period of reflection. I hope that the sun will shine over the summer holiday and that we shall see some sunny results when the House returns in October. For the moment, I beg leave to withdraw the amendment.
Amendment, by leave, withdrawn.
[Amendment No. 238ZHA not moved.]
Clause 128 [Employment]:
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