Moved by Baroness Butler-Sloss
68A: Clause 62, leave out Clause 62 and insert the following new Clause—“Identified potential victims etc: disqualification from protection(1) This section applies to the construction and application of Article 13 of the Trafficking Convention.(2) A competent authority may determine that it is not bound to observe the minimum recovery period under section 60 of this Act in respect of a person in relation to whom a positive reasonable grounds decision has been made if the authority is satisfied that it is prevented from doing so—(a) as a result of an immediate, genuine, present and serious threat to public order, or(b) because the person is claiming to be a victim of modern slavery improperly.(3) Any determination made under subsection (2) must only be made—(a) in exceptional circumstances,(b) where necessary and proportionate to the threat posed, and(c) following an assessment of all the circumstances of the case.(4) A determination made under subsection (2) must not be made where it would breach—(a) a person’s rights under the European Convention on Human Rights,(b) the United Kingdom’s obligations under the Trafficking Convention, or(c) the United Kingdom’s obligations under the Refugee Convention.(5) For the purposes of a determination under subsection (2)(b) victim status is being claimed improperly if the person knowingly and dishonestly makes a false statement without good reason, and intends by making the false statement to make a gain for themselves.(6) A good reason for making a false statement includes, but is not limited to, circumstance where—(a) the false statement is attributable to the person being or having been a victim of modern slavery, or(b) any means of trafficking were used to compel the person into making a false statement.(7) This section does not apply where the person is under 18 years at the time of the referral.(8) Nothing in this section affects the application of section 60(2).”Member’s explanatory statementThis new Clause is an alternative to clause 62. It ensures that the power currently provided for in Clause 62 is exercised in line with the UK’s obligations under Article 13 of the Trafficking Convention. This amendment also protects child victims of modern slavery from disqualification from protection.
On behalf of the noble Lord, Lord Randall, I should like to test the opinion of the House.
Ayes 210, Noes 128.