Lord Murray of Blidworth:

Moved by Lord Murray of Blidworth

That this House do not insist on its Amendment 56B, to which the Commons have disagreed for their Reason 56C.

56C: Because the Bill already makes sufficient provision to enable a potential victim of modern slavery to remain in the UK where the Secretary of State considers it necessary for the person to do so for the purpose of cooperating with a public authority which is investigating their exploitation.

My Lords, in moving Motion F, I shall speak also to Motions G, H and J. As regards Amendment 56B, this Bill provides an important exception to the application of the public order disqualification where it is necessary for a potential victim of modern slavery to remain in the United Kingdom for the purpose of co-operating with a law enforcement agency in connection with the investigation of their exploitation.

While there is indeed a presumption that it is not necessary for such co-operation to take place within the United Kingdom, the presumption does not apply where there are compelling circumstances to the contrary. In deciding whether there are such compelling circumstances, caseworkers will be guided by statutory guidance, and we are committed to such guidance having particular regard to persons believed to have been victims of slavery or human trafficking in the United Kingdom. Noble Lords will therefore appreciate that this guidance will effectively achieve the aims set out in this amendment.

The guidance will be published ahead of commencement of the relevant provisions of the Act. Statutory guidance assists decision-makers by providing them with detailed information and examples to consider when making judgments. It allows for flexibility in its implementation, which can be adapted to different situations while still adhering to the overarching legal framework, and plays an important role in supporting the interpretation and application of legislation. My noble friend and I are therefore of a similar mind as to the support offered to victims of exploitation that takes place in the UK. The Government’s view is that statutory guidance is the appropriate way to achieve this aim.

Amendment 103B seeks to confer an explicit statutory function on the National Crime Agency to combat organised immigration crime connected to illegal entry into the United Kingdom via the channel. As the noble Lord, Lord Coaker, will be fully aware, the NCA’s functions already extend to combating all types of organised crime, including organised immigration crime. Following the pledge made by the Prime Minister last December to stop the dangerous small boat crossings, the Government have doubled the funding for the next two years for the multiagency organised immigration crime task force, of which the National Crime Agency is a leading component. Our determination to tackle the criminal gangs that facilitate the channel crossings is not in doubt. It remains the case that this amendment is not needed.

We have debated at length what the Government are doing, and by when, to establish additional safe and legal routes. Therefore, in response to Amendment 102B, I will simply repeat what my noble and learned friend Lord Stewart set out last week. These commitments are on behalf of His Majesty’s Government and not just an individual Minister. I therefore hope that this amendment will not be pursued.

Finally, returning to the amendment proposed by the most reverend Primate the Archbishop of Canterbury, I remain wholly sympathetic to the need for an holistic approach and action in dealing with large-scale displacement crises and the abhorrent crimes of modern slavery and human trafficking. We work relentlessly to identify victims of modern slavery and human trafficking, delivering personalised, needs-based support and assisting recovery to rebuild lives for some of the most vulnerable in our society. Alongside this, we collaborate with a wide range of domestic and international partners to enhance awareness of modern slavery and human trafficking, bolster resilience and minimise opportunity for exploitation, supporting our ability to take a long-term approach to this issue.

The Government have already embedded actions to tackle refugee crises through existing cross-government strategies, including the international development strategy and the humanitarian framework. Much of this work has effectively and appropriately been spearheaded by the Foreign, Commonwealth and Development Office due to its focus beyond our borders. We also continue to collaborate with state and non-state actors, such as the United Nations High Commissioner for Refugees and non-governmental organisations. As noble Lords will be aware, the UNHCR has a global mandate to protect and safeguard the rights of refugees. We will continue to work with the UNHCR, as we have done many times before, to respond to displacement crises globally and offer safe and legal routes to protection in the United Kingdom. Furthermore, we have played a key role in intergovernmental processes that have shaped the way the international community responds to displacement crises, such as through the Global Compact on Refugees adopted by the international community in 2018. We continue to work to find durable solutions for refugees with like-minded international partners.

I agree with many of the points made previously on the Bill by the most reverend Primate and other noble Lords. I wholeheartedly recognise the importance of addressing the underlying drivers and taking a long-term approach to tackle these issues, and believe that our ongoing efforts already embody a commitment to an extensive and strategic approach.

Our dedication to tackling these challenges and to finding sustainable solutions remains unwavering. However, the immediate focus of this Bill is stopping the boats. As I set out at the start of this debate, it is only through stopping the boats that we can enable the Government to have a greater capacity to provide a safe haven for those at risk of war and persecution.

The House has fulfilled its proper role within our constitutional framework in relation to the Bill. Your Lordships have asked the elected House to examine these issues again—not once, but now twice. The answer has again come back from the Commons that it disagrees with the Lords amendments. It is time to leave it there. I beg to move.