Lord McColl of Dulwich:

Moved by Lord McColl of Dulwich

169A: Clause 63, page 66, line 10, leave out from “their” to end of line 12 and insert “physical, psychological and social recovery or to prevent their re-trafficking in accordance with Article 12 of the Trafficking Convention.”Member’s explanatory statementThis amendment would define the objective of assistance and support in line with Article 12 of the European Convention on Action Against Trafficking in Human Beings 2005.

My Lords, I should declare an interest in that I presented the original anti-trafficking and anti-slavery Bill as a Private Member’s Bill to your Lordships, and your Lordships very kindly passed it in all its stages, thanks to the support of the whole House. I then sent it to the then Prime Minister, Theresa May, who made it a government Bill and made it comprehensive, with the support of many people in both Houses.

I wish to speak to the amendments in my name to Clauses 63 and 64, on support and leave to remain respectively. While I believe that issues of modern slavery should not be in an immigration Bill, we must nevertheless use the opportunity to improve the care provided to approximately 100,000 victims of modern slavery in the UK. These individuals deserve the opportunity to rebuild their lives. We have the potential to give them the support needed to ensure that each victim becomes a survivor.

Your Lordships will know that I have long argued, through my Private Member’s Bills, that support for victims in England and Wales during the so-called recovery period should be statutory, as it has been in Northern Ireland and Scotland since 2015. I very much welcome the Government addressing this matter at last in Clause 63. However, I have three concerns about Clause 63 which my Amendments 169A, 170 and 170A address. I thank the noble Lords, Lord Alton, Lord Paddick and Lord Coaker, for their support for these amendments.

First, in Clause 63, proposed new subsection (2) of the new clause restricts support only to that necessary to assist with recovery from the conduct that resulted in the “positive reasonable grounds” decision in question. This is more restrictive than in Northern Ireland and Scotland. How do the Government intend to identify the harm caused directly by exploitation? Why have they decided to restrict the support in this way?

Article 12 of the Council of Europe Convention on Action against Trafficking in Human Beings, known as ECAT, requires states to provide various support to assist victims in their physical, psychological and social recovery. ECAT does not restrict support and assistance to only those matters that relate to a person’s immediate exploitation. Amendment 169A would amend the wording so that it is in line with ECAT.

Secondly, Clause 63 is not clear on the scope of support, and Amendment 170A would define the types of assistance and support to be provided in line with ECAT obligations. The Government said in another place that a list of what support should be available is not needed, even though such a list does exist in Scotland and Northern Ireland. While individual victims will have different needs and requirements, there still needs to be a framework, which Amendment 170A would provide. The Joint Committee on Human Rights asked whether the support provided will cover all the elements required by Article 12. I look forward to hearing confirmation from the Minister that it will.

My third concern is the lack of support once a person is identified as a victim, something I have been campaigning on with the support of the Free for Good movement, a coalition of 27 organisations which believe that long-term support is essential to a victim’s recovery. Without it, already vulnerable individuals are at risk of homelessness, destitution or even re-trafficking, as has been mentioned.

I welcome the assurance given by the Government on Report in another place, and reiterated here at Second Reading, that 12 months’ support will be provided to confirmed victims in England and Wales. However, to date the Government have not brought forward an amendment to ensure that this support is on a statutory footing, nor set out any details of what that might involve, saying instead that the details will be in guidance. The support needs to be more than an extension of current arrangements under the Government’s recovery needs assessment.

Amendment 170 would put the Government’s commitment to 12 months’ support in the Bill. The cross-party support for this amendment is both indicative and representative of an understanding across the House that long-term statutory support is vital in order to assist victims of modern slavery in their recovery. The problem with it not being in the Bill is that it gives the Government what one could describe as wriggle room. We do not know when the guidance will be issued, nor what it will say; by the time we do, we will have missed a valuable opportunity to make a significant difference to victims.

Clause 63 already puts support during the recovery period on a statutory footing. Amendment 170 is a simple extension to Clause 63 to put in a support provision after a person has been confirmed as a victim of modern slavery. I urge your Lordships to support Amendment 170 to ensure recovery, prevent re-trafficking and enable victims to work with the police to restrain the perpetrators responsible for their abuse. I sincerely hope the Minister will be able to tell the House that he will be tabling an amendment on this matter on Report.

I turn to my Amendments to Clause 64. The Government are putting the current discretionary leave-to-remain criteria on a statutory footing. In principle, that is welcome—except that, in doing so, they have made them narrower than the current guidance. We are taking one step forward but two steps back. I also want noble Lords to realise that very few victims who apply actually get that leave, so Clause 64 falls short of what victims really need. The Government have already recognised the need for confirmed victims of modern slavery to receive 12 months’ support. However, those individuals need leave to remain in order to access that vital support.

My Amendment 170B would ensure that anyone receiving support after being confirmed as a victim of modern slavery would be granted temporary leave to remain. My Amendment 171A would ensure that the leave would be for the length of time that support is being provided or for at least 12 months if granted under Clause 64. Without these amendments, long-term support is a mirage. It is something that confirmed victims who are non-UK nationals desperately need but, without immigration status, cannot access. They will also help the Government achieve their aim of increasing the prosecutions and convictions of perpetrators of modern slavery. Without clarity about their immigration status, victims are fearful, potentially subject to re-trafficking, and hesitant about engaging with the police. Amendments 170B and 171A would enable the Government to be firm on criminals who are profiteering off the exploitation and abuse of victims.

The Government have said that individuals abuse the system and make fraudulent claims about being a victim of modern slavery to avoid deportation. It is crucial that one understands that the individuals who would be receiving leave to remain are those who have gone through the Government’s own processes and been confirmed by the Home Office as genuine victims of modern slavery. These are not individuals abusing the system, as the noble Lord, Lord Coaker, has already mentioned. I urge noble Lords to support Amendments 170B and 171A.

I also support Amendment 171B from the noble Lord, Lord Morrow, and Amendments 171 and 172 from the noble Lord, Lord Dubs. These amendments would bring a better outcome for victims.

In closing, I urge your Lordships to recognise that 12 months of statutory support, and 12 months’ leave to remain to access that support, are vital to enabling a victim of modern slavery to recover and to engage with the police. I will quote my friend, the noble Lord, Lord Boateng, who told me the other day about a Zulu exhortation: “Vukuzenzele”, which noble Lords will know from their Zulu studies means “Just get on and do it.” The Government should just get on with providing confirmed victims the support and leave to remain which we already know they need. I shall listen carefully to the Minister’s response and will come back with further amendments on Report depending on what she says. I thank all those who will be taking part in this debate. I beg to move.

My Lords, with his usual clarity, the noble Lord, Lord McColl, has introduced his amendments to Clauses 63 and 64. I regard it as one of the privileges of serving in your Lordships’ House to have become a friend of the noble Lord, Lord McColl, over these last 20 years. I not only deeply admire everything he has done on the issue of human trafficking but have seen first-hand some of the extraordinary work he has done with Mercy Ships, where he has given so much of his life and time as a notable surgeon. I have no hesitation today in echoing the remarks he has made to your Lordships’ Committee. I am not sure I can echo the Zulu remarks he quoted, but I think Nelson Mandela once quoted a Zulu saying about “ubuntu”, meaning “brotherhood”, that

“we are only people because of other people.”

In many respects, that goes to the heart of what we are trying to express in these debates and amendments today.

Statutory support for victims in England and Wales during the time they are in the national referral mechanism—the recovery period—which was the subject of Amendments 156A and 156B, which I spoke to earlier, is long overdue. We are seven years behind Northern Ireland and Scotland, and I welcome the Government catching up with the rest of the UK. I would like to say with the noble Lord, Lord Morrow, in hearing distance that I deeply admire what he managed to achieve in Northern Ireland, and I look forward to hearing what he has to say about his Amendment 171B, which, again, I associate myself with. Indeed, I support all the amendments in this group.

I draw the Committee’s attention to the current version of the statutory guidance on victim support in England and Wales, which says:

“The Modern Slavery Victim Care Contract operates as a bridge, to lift adult victims out of a situation of exploitation and to set them on a pathway to rebuilding their lives. As such, it is important that no support provided through the Modern Slavery Victim Care Contract prevents potential victims or victims from accessing support they would otherwise be entitled to receive.”

The statement about what a victim is entitled to receive goes straight to the heart of Amendments 169A and 170A.

Under the Bill, what do the Government intend to provide in terms of support? The noble Lord, Lord McColl, said that without support, the Bill simply becomes a mirage—a good metaphor to use. What are the Government going to do to provide support during the recovery period? Will the support be in line with Article 12 of the European convention? Both Ministers talked earlier about the importance of compatibility in these areas. But, as the noble Baroness, Lady Ludford, said, we seem to pick and choose what we want to have compatibility with and what we do not.

The frequently referred to and admirable Joint Committee on Human Rights recently published its review of Part 5 and highlighted that

“clause 63 (new section 50A MSA) does not specify details as to what ‘any necessary assistance and support’ should include, leading to some ambiguity”— a word I referenced earlier in connection with being in good faith—

“as to whether clause 63 (new section 50A MSA) will indeed adequately give effect to the UK’s obligations under Article 12 ECAT to provide the types of assistance specified in that Article.”

It is worth recording in Hansard what the Committee said:

“The Secretary of State should confirm whether ‘necessary assistance and support’ will include all of the types of assistance listed in Article 12 ECAT”.

We will all listen closely to the Minister’s response to these amendments and specifically on that point about whether the support will be in line with Article 12 of the European convention.

I have also co-signed Amendment 170. As I have already said, the stated objective of the Government’s support to victims is

“to lift adult victims out of a situation of exploitation and to set them on a pathway to rebuilding their lives.”

Who could disagree with that? All the evidence from those working with victims is that this goal is far from completed when a person is confirmed as a victim of modern slavery by the Government. To continue on the pathway to recovery, as the Government themselves have acknowledged, a victim needs much longer support.

The noble Lord, Lord McColl, has been making that case for many years in your Lordships’ House and I have been happy on previous occasions to give him support. 1am glad that he has taken the opportunity provided by the Bill today. If the Minister cannot agree to incorporate this now, will he tell the noble Lord, Lord McColl, and Members of your Lordships’ Committee that, when the putative legislation that was referred to earlier in this area is brought forward, it will at least be attended to then? I am glad that the Government have recognised the need, but they should now act to bring their commitment into a concrete reality.

I also want to touch briefly on the amendments to Clause 64 in the name of the noble Lord, Lord McColl, which seek to give victims who are eligible for support leave to remain. It is not just the right thing to do for these individuals, it makes policy sense to ensure that we are able to bring perpetrators to justice. It has been said again and again, by the noble Lord, Lord Coaker, the noble Baroness, Lady Hamwee, and others who have re-emphasised this throughout today’s debate. Without evidence from victims, cases are much harder to prosecute. Here is an interesting point: it also makes economic sense.

A 2019 report from the University of Nottingham, which the noble Lord, Lord Coaker, will be well aware of, on an earlier version of the Modern Slavery (Victim Support) Bill introduced by the noble Lord, Lord McColl of Dulwich, showed that his Bill was “value for money”. I hope that the Minister’s officials have drawn that report to his attention, so I ask him: why would the Government not support the amendments in the name of the noble Lord, Lord McColl, and give this vital support to victims of modern slavery?

My Lords, I thank the noble Lord, Lord Alton, for his kind remarks. For victims of modern slavery, escaping from their exploitation is only the beginning of their journey towards recovery. I will direct my remarks today to Amendment 171B in my name, which would assist victims on this journey.

I have been astounded by the individuals whom I have come across over the years, particularly those who I had the privilege of meeting during the passage of my Private Member’s Bill in the Northern Ireland Assembly who have been victims of modern slavery in this country. These victims have experienced extreme exploitation and abuse in this country yet have shown commendable fortitude and strength in their determination to recover from their ordeal. When I consider Part 5, and in particular Clause 64, it is those individuals I think of. It concerns me that Clause 64, if unamended, will make the leave to remain criteria narrower and, in doing so, make vital support for survivors even more inaccessible.

Clause 64 will impact victims of modern slavery across the UK, yet there has been no impact assessment published to date—at least, I have not had sight of it—on how many victims will be granted leave to remain under the Bill, compared to the current numbers. I hope the Minister can address why this is the case and provide a timeframe for when we can expect to see one.

Previously, I had the opportunity to meet Anna, a young Romanian girl who was kidnapped here in London, trafficked to Galway and then moved to Belfast to be sold into the sex trade. This young girl was moved from pillar to post, to be exploited in one place then another. The only consistency she knew was exploitation. When victims like Anna escape from their situations of exploitation, they need stability and certainty as they start their recovery and begin to work through their trauma.

I am concerned that whilst Clause 64 puts discretionary leave to remain measures on a statutory footing, in the process of doing so the Government have made the criteria much narrower than current guidance. In particular, Clause 64(4) would prevent leave to remain being granted to a confirmed victim on the grounds of their need for support for their recovery, if they could receive that support elsewhere—even when the alternative country is not a signatory to the European trafficking convention. The Government have also not set out which countries without ECAT would be acceptable. This restriction is likely to affect EU citizens who have recently become entitled to automatic consideration for discretionary leave if they have no other right to remain, since the Secretary of State is likely to argue that these citizens could receive support within the EU. It sounds very much as if the Government are unfairly trying to skirt their moral duties and responsibilities to these victims. This goes to the point that, contrary to what the Government have said, this Bill is not fair for victims of modern slavery.

Amendment 171B in my name would ensure greater stability by removing the criteria of not granting leave to remain if assistance could be provided or compensation sought in another country. Without this amendment victims such as Anna, upon exiting their situation of exploitation, could find themselves without leave to remain and instead relocated to another country where they may not know anybody, speak the language or understand the customs. This will be disorientating, unsettling and frightening, and it will compound their vulnerability to re-trafficking.

I agree with the noble Lord, Lord McColl, and Sir lain Duncan Smith MP in the other place on the need for 12 months’ leave to remain to ensure that all confirmed victims can receive support, as proposed in the noble Lord’s Modern Slavery (Victim Support) Bill. I put on record my support for Amendments 170B and 171A in the name of the noble Lord. While Amendment 170 to Clause 63 in the noble Lord’s name applies only to England and Wales, I am pleased to see that steps are being taken to provide statutory support to confirmed victims in Northern Ireland. Through Section 18(9) of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015, statutory support is already available to victims with a positive conclusive grounds decision on a discretionary basis.

I want to draw attention to the fact that the Northern Ireland Assembly are currently considering the Justice (Sexual Offences and Trafficking Victims) Bill. In Committee, it has been recommended that support be given to victims

“following a positive Conclusive Grounds decision to enhance protection from re-trafficking and assist in their recovery and engagement with the criminal justice agencies to help secure increased convictions.”

Amendments will be debated next week. The recognition of the principle of the need for long-term support for victims is greatly encouraging and I will be watching closely as this Bill progresses through the Assembly. Perhaps Westminster could learn from the Assembly which, in the early stages of deliberation, acknowledged that 12 months’ support should be in legislation; there is no discussion of this being put only in guidance.

However, should the Assembly agree, this statutory support will be limited to those confirmed victims who are British citizens or who have leave to remain, as is the case with the statutory discretionary leave provision under Section 18(9). It will be devastating for non-UK-national victims if the hands of the Northern Ireland Assembly are tied in the provision of long-term support to them because the Government will not grant the requisite leave to remain for them to access this vital long-term support. Flourish, a charity in Northern Ireland which supports victims of modern slavery once they have exited the NRM, has said that its objective is

“empowering survivors so that they can take back control of their own lives”.

That is what long-term support is all about. Narrowing the criteria for grants of leave and failing to provide 12 months’ leave to remain to confirmed victims without immigration status make it even more difficult for victims to take back control of their lives and become survivors.

We also know that it takes time for victims to trust authorities and begin to engage with police investigations; this does not happen overnight. Without 12 months’ leave to remain, victims will not have the stability or consistency in their lives to begin to comprehend their abuse, disclose it and in time start to engage with police investigations. Without Amendments 170B and 171A, convictions will thus remain low and the perpetrators of this heinous crime will continue to go unpunished.

I would also like to put on record my support for Amendment 171 in the name of my noble friend Lord Dubs. As it stands, Clause 64 also narrows the criteria for granting leave to remain to what is considered necessary to assist in the recovery from harm directly caused by this exploitation. The Joint Committee on Human Rights raised this issue in its report of 15 December, saying

“It would seem that clause 64(2)(a) is drawn a little more narrowly than the obligation in Article 14(1)(a) ECAT. ‘Personal situation’, could, for example, relate to family relationships and support networks in the UK or other factors relevant to the ‘personal situation’ of the victim that would not be covered by clause 64(2)(a).”

It recommended that the wording reflect the Article 14 obligations.

The Government are acting as an obstacle, rather than an aide, when it comes to the provision of support to confirmed victims of modern slavery in Northern Ireland and the prosecution of offenders across the UK. Victims need a stable pathway which equips them to recover from their exploitation and not be defined by it. We must keep working to ensure that the UK is known as a hostile place for traffickers, where this exploitation will not be tolerated and will not go unpunished.

Perhaps before I sit down I should say that it may not be possible for me to hear the Minister’s response as I have to be back in Northern Ireland this evening and the time on my boarding pass is getting closer by the second. I apologise in advance if that is the case.

My Lords, my noble friend Lord Paddick has his name to Amendment 170. I know that he—I join him in this—is always pleased to have an opportunity to support the noble Lord, Lord McColl of Dulwich. Given that we are now past 4 pm, which, in the terminology of this House, was to be the lunch hour, I will not say anything more on this amendment. I hope that noble Lords can read between the lines.

Similarly, I particularly support Amendment 171A in the name of the noble Lord, Lord McColl, for reasons to which the noble Lord, Lord Alton, referred.

Finally, when I bumped into the noble Lord, Lord Morrow, the other day, I said, “I don’t know what you’re going to say but I’ll support you”. He said, “I thought you would”.

My Lords, we have been quicker than I anticipated but what my noble friend said is true; I must admit that I am starving.

I will speak to Amendments 171 and 172 from the JCHR, in the name of the noble Lord, Lord Dubs. They aim to remove the worst of Clause 64. Leave to remain is important for victims who are vulnerable to destitution and further exploitation without welfare benefits and other entitlements but, according to the anti-slavery commissioner, the number of victims being granted discretionary leave is very low. In 2015, it was 123. In 2019, it was 70. In the first three months of 2020, it was only eight; we do not have statistics for the whole of 2020-21.

Being granted leave can improve mental health by offering stability and thus a chance of recovery, but the equivalent reference to assistance and support in the Modern Slavery Act reads “physical or psychological harm”; that includes social harm. This Bill would put the law out of line with that and raise real doubts about compatibility with Article 14 of ECAT, which uses the phrase

“necessary owing to their personal situation”.

That is wider than what is in Clause 64(2)(a), which is why I commend Amendment 171 to the Committee. I was pleased to hear the noble Lord, Lord Morrow, refer to the JCHR’s report; he also mentioned the importance of family relationships.

Amendment 172 aims to rectify the omission from Clause 64 of any consideration of the best interests of the child so as to make it compatible with ECAT and the UN Convention on the Rights of the Child. I seem to have mixed up my notes; I am sorry about that because I will now go back to Amendment 171.

In a case last year, the High Court held that refusing to grant discretionary leave while a slavery victim’s asylum application was being processed violated Article 14 of the European Convention on Action against Trafficking. It appears that, before amendments were made in the other place, Clause 64(2)(a) included a reference to the victim’s social well-being as well as their physical and mental health. However, it was removed on Report. Can the Minister explain why? Would the Government like to rectify this omission in the Bill regarding personal, situational and social harm so as to make me, the noble Lord, Lord Dubs, and the JCHR very happy?

My Lords, in the interests of time, let me just say respectfully to the noble Lord, Lord McColl, whose amendments I have signed, that I very much support him and the arguments and points that he made so well. We look forward to the Minister’s response. I pay tribute to the doughty work the noble Lord has done over a number of years to try to move the Government in what many of us regard as a simple and sensible way forward. Let us hope.

I shall speak to my Amendment 171AA. Clause 64 provides for limited leave to remain

“if the Secretary of State considers it is necessary for the purpose of (a) assisting the person in their recovery from any physical or psychological harm … (b) enabling the person to seek compensation”— unless this can be done outside the UK

“or (c) enabling the person to co-operate” with law enforcement. The standard, however, does not meet the UK’s obligation to children under the Council of Europe’s Convention on Action against Trafficking. Article 14.2 of ECAT specifies that in the case of children, residence permits

“shall be issued in accordance with the best interests of the child.”

Paragraph 186 of the Explanatory Report to ECAT explains that

“the child’s best interests take precedence”.

Amendment 171AA, which is a probing amendment, simply asks why the Government cannot include leave to remain where children are protected and where it is in the best interest of the child.

My Lords, in consideration of the flight of the noble Lord, Lord Morrow, I start by addressing Amendment 171B. ECAT sets clear parameters around when a signatory state is obliged to grant a residence permit to confirmed victims, which is where it considers that the stay is necessary either due to the confirmed victim’s personal situation or for the purpose of their co-operation with the competent authorities in an investigation or criminal proceedings. The Government have gone further than this and provided for a grant of leave not only on both of these bases, but also where it is necessary to enable a confirmed victim to seek compensation in respect of their exploitation.

A temporary leave provision is deliberately designed to allow for leave to be provided for as long as needed, where appropriate. It will be considered on a case-by-case basis and does not set an arbitrary time period. To specify a length of leave does not follow our overall approach of having a truly needs-based approach to addressing victim support. If it is necessary for leave to be granted for longer than 12 months in order to pursue a thorough investigation, or where an individual’s personal circumstances require it, leave can and should be granted.

I turn next to Amendments 169A, 170 and 170A. In Clause 63 we have sought to define the support entitlement during the recovery period for potential victims following a positive reasonable-grounds decision. Amendment 169A, however, would remove clarity on what these terms mean for victims and decision-makers and reduce the effectiveness of the clause in supporting victims. Our approach to the wording of Clause 63 has been chosen specifically to provide more detail on the circumstances in which support is provided, while being in line with our international obligations. Our approach is not to go into detail on the types of support provided for in legislation, as Amendment 170A suggests, but to do this in guidance, the purpose being to ensure flexibility in our approach in future, so this can be tailored to victims’ needs as our understanding of trauma develops. I refer your Lordships to remarks made earlier in the debate that understanding the impact and the effect of trauma on individuals is an ongoing and developing thing.

Further to this, and in response to a matter raised by the noble Lord, Lord Alton of Liverpool, where necessary, all those who receive a positive conclusive-grounds decision and are in need of tailored support will receive appropriate individualised support for a minimum of 12 months. We committed to this in the other place and will consider where and how this commitment is delivered to ensure that it delivers best for victims. More details will be provided in guidance or in future modern slavery legislation, should parliamentary time allow. My noble friend Lord McColl of Dulwich has been given that assurance by the Home Office Minister. The Home Office and, in particular, my noble friend Lady Williams are keen to continue working with the noble Lord on the implementation of this policy.

We appreciate the push to put this into legislation at the earliest opportunity, but we do not agree that this Bill, with its focus on immigration is the most appropriate place to do so. As such, given the commitment made in the other place, we do not consider Amendment 170 necessary, and I assure my noble friend that this is not an attempt to wriggle out of our commitment.

I turn next to Amendments 170B, 171A, 171, 171AA and 172, all of which relate to Clause 64. I refer again to the remarks made by all the noble Lords who spoke on these matters and thank them for their contributions to this debate. The Government are committed to ensuring that the victims of modern slavery eligible for a grant of leave to remain receive it. We have committed to this through Clause 64, which sets out, for the first time in primary legislation, the circumstances in which a confirmed victim of modern slavery must be granted modern slavery-specific temporary leave to remain. Clause 64 is in line with our international obligations as set out in Article 14 of ECAT and clarifies the policy currently set out in guidance. We have been clear from the start that this clause is designed deliberately to allow for leave to be provided for as long as it is needed, where appropriate, and the length of leave will be considered on a case-by-case basis. In answer to my noble friend Lord McColl, to specify the length of leave as Amendments 170B and 171A seek to do, either for 12 months or for the duration of the assistance and support that a victim is receiving, does not follow our overall approach of having a truly needs-based approach to the support of victims.

Clause 64 will clarify, in primary legislation, the obligations set out in Article 14 and Her Majesty’s Government’s discretionary leave policy, as currently set out in guidance. Confirmed victims of all ages, including children, who do not have immigration status, will be automatically considered for temporary leave. A grant of temporary leave to remain for victims of modern slavery does not prohibit them being granted another, more advantageous form of leave, should they qualify for that. It continues to be a core principle of our approach to modern slavery that support provided in the UK should be available only to victims who need it.

Adverse comparison was drawn between the situation in England and Wales and that in Northern Ireland and Scotland. As the noble Lord, Lord Morrow, alluded to, the matter of support is devolved to the devolved Administrations.

We agree that the primary aim here is to provide clarity and certainty about the circumstances in which they are eligible for a grant of temporary leave to remain. Amendment 171 would, by contrast, reduce clarity by providing that leave should be granted where necessary to assist the individual in their personal situation, within ECAT. Clause 64 addresses this critical issue by defining the scope of this entitlement. The noble Lord, Lord McColl, chided the Government for not getting on with it. The Minister in the other place, Rachel Maclean, has given the commitment and we are getting on with it. As my Zulu is on a merely conversational basis, I will not attempt in this place to answer the noble Lord in kind.

I turn to Amendments 171AA and 172. Clause 64 applies to victims of all ages, including children, who do not have immigration status. They will be considered automatically for temporary leave. Decision-makers are fully trained in making all leave to remain decisions, including considering all information to assess the best interests of the child, as well as to account for the need to safeguard and promote the welfare of children.

In answer to a matter raised by the noble Lord, Lord Alton of Liverpool, Clause 63 provides that the Secretary of State must secure support.

We will continue to comply with our duties under Section 55 of the Borders, Citizenship and Immigration Act 2009 to safeguard and promote the welfare of children and make it clear in the Immigration Rules that this is the primary consideration. We will also ensure that children continue to be supported and protected through existing mechanisms in local authorities.

Amendment 171 would remove the statutory clarification around when leave is deemed necessary, an important consideration provided for by Article 14 of ECAT. This would reduce clarity for victims and decision-makers. We must remember that an individual in receipt of a positive conclusive grounds decision has already had the benefit of the recovery and reflection period and any necessary support it provided. Leave under ECAT is not intended to be a path to settlement but a tool to aid recovery or to enable an individual to co-operate with the competent authorities in investigation or criminal proceedings, returning to my answer at the outset to the noble Lord, Lord Morrow. ECAT provides that leave need only be granted where it is “necessary” and it is therefore right that we consider whether any further support required following the conclusive grounds decision can be met in a third country. This approach enables us to focus our support provision on those victims in the UK who are genuinely in need.

For the reasons I have outlined, I ask the noble Lord at this stage to withdraw his amendment.

I thank all noble Lords for taking part in this debate. However, it is quite clear that we will have to have further lessons in Zulu to make sure that things are done. The Minister has raised lots of questions, which will be brought up on Report, where I am quite sure there will be a very lively discussion. I beg leave to withdraw the amendment.

Amendment 169A withdrawn.

Amendments 170 and 170A not moved.

Clause 63 agreed.

Clause 64: Leave to remain for victims of slavery or human trafficking

Amendments 170B to 172 not moved.

Clause 64 agreed.

Clause 65: Civil legal services under section 9 of LASPO: add-on services in relation to the national referral mechanism

Amendment 172A not moved.

Clause 65 agreed.

Clause 66 agreed.

House resumed. Committee to begin again not before 5 pm.