Clause 110 - privilege against self-incrimination
Nationality, Immigration and Asylum Bill
Public Bill Committees, 16 May 2002, 3:45 pm

Mr Neil Gerrard (Walthamstow, Labour)
I think that I understand some of the reasons for the clause, but a number of hon. Members are concerned about aspects of illegal working. We shall come later to the issue of trafficking for sexual purposes, but there is also a growing trend in trafficking for labour purposes—a modern form of slavery. There is no question but that people are trafficked and deliberately exploited for labour.
We must be sure that we are not introducing a provision that makes it difficult to get at the employers responsible for such exploitation. I am slightly worried that we are introducing a protection for an employer who has given information, particularly under clause 105. The answer may be that we must be careful how we use the provisions, and that we should target the people who are trafficking for labour in other ways. I know that the Government intend to deal with the issue—next year, we hope—in criminal justice legislation, but I seek reassurance that nothing in the Bill will hinder our ability to get at employers who traffic in labour and exploit extremely vulnerable people.

Ms Rosie Winterton (Parliamentary Secretary, Lord Chancellor's Department; Doncaster Central, Labour)
I hope that I can reassure my hon. Friend. I understand his point about the need to act on that problem and, as he said, we hope to introduce legislation in respect of trafficking for illegal working.
Clause 110 provides that information supplied by a person under clauses 105 and 106 cannot be used as evidence in criminal proceedings. We intend to avoid any conflict between those clauses and the right to a fair trial guaranteed by article 6 of the European convention on human rights. There is no intention to undermine future legislation, but we must ensure compatibility with the ECHR, so we have to provide for privilege against self-incrimination in this legislation to make that clear.
Question put and agreed to.
Clause 110 ordered to stand part of the Bill.
Clause 111 ordered to stand part of the Bill.
