Modern Slavery Act 2015 Committee urges new government to change UK's approach and prioritise protecting modern slavery victims
The UK is falling behind other countries in its response to modern slavery and its support for victims, the House of Lords Modern Slavery Act 2015 Committee has found in a major new report published yesterday.
Image credit: Wikipedia The 97-page report can be downloaded here or read online here.
Chapter 2 of the report (direct link here) considers the impact of immigration policy on modern slavery laws. The Committee finds that immigration legislation introduced by the previous Conservative government has undermined the support infrastructure established by the Modern Slavery Act 2015, leaving victims vulnerable and without sufficient protection from their traffickers.
The Committee says there may be a link between immigration policy and the development of a hostile environment towards victims of modern slavery.
As the report notes, the previous Conservative government limited access to victims' support as it asserted that the modern slavery system was being abused by 'illegal' migrants. The Committee states:
38. We have not received evidence of widespread abuse of the modern slavery system. Case studies may be emotive, and we do not underestimate or de-value their power, but they are not a panacea for data covering a whole population. It is important that comprehensive data is used when making changes as significant as those to recent immigration legislation, since otherwise the actions of a minority may have a disproportionate effect on all victims.
39. We have received evidence from authoritative sources, including well-regarded academics and the Independent Anti-Slavery Commissioner, expressing concern about changes in rhetoric from the previous Government about the relationship between immigration and modern slavery. Although the two areas can interact, they are different strands of a complex picture, and neglecting this fact can have negative impacts on victims in vulnerable situations. The current Government's announcement that it will not continue the Rwanda scheme may offer an opportunity to take a new direction by clearly separating immigration and modern slavery.
40. The Government should develop a sound evidence base to inform policy in this complex area. Data should be sought as to whether and, if so, in what respects and by whom the modern slavery system is being abused. That data should be kept up to date, and it should be published. Allegations of significant abuse of the system should never be made unless they can be backed up with hard data.
41. It should be recognised that there is a very real difference between migrants who come here willingly, and those who come because they are being trafficked as victims of modern slavery. This should lie at the heart of Government policy and of any future legislation about illegal migration. The adverse impact that immigration legislation may have on the identification and protection of victims needs to be carefully assessed and monitored.
Regarding the Nationality and Borders Act 2022 and its introduction of Public Order Disqualification powers to deny support to potential victims deemed a public order threat due to criminal offences, the Committee finds:
50. The public order disqualification has sometimes resulted in difficulties for victims such as in giving evidence from overseas without legal support. The update to the statutory guidance in January 2024 improved this by ensuring better engagement with frontline organisations. However, it does not go far enough in addressing the modern slavery risk faced by victims. The requirement for objective evidence to make a reasonable grounds decision has deprived many of support they would previously have been entitled to and has further increased delays in the system even when decisions are positive. The requirement for individuals to provide evidence "before a specified date" is likely to exclude many from the support they need. It does not adequately consider the impact of trauma on modern slavery victims and the time it takes to recover from this.
51. The Government should consider amending the guidance in section 14.276 of its modern slavery guidance so that it improves the protection that is given to victims from removal. It should be extended to whether there is "any risk" that the individual will be re-trafficked in or from the UK, rather than whether there is "a real and immediate risk" of this happening."
52. The Government should remove the requirement for objective evidence for a reasonable grounds decision within the National Referral Mechanism.
53. The Government should remove the requirement for evidence to be provided "before a specified date," as per section 58(2) of the Nationality and Borders Act. The Government's statutory guidance acknowledges that victims often need time before they feel comfortable speaking to the authorities.
On the further restrictions in the Illegal Migration Act 2023, the Committee finds:
59. The modern slavery sections of the Illegal Migration Act are likely to have a damaging effect on the wellbeing of victims. Victims may become unwilling to engage with the authorities. This could remove the support they receive from frontline organisations, increase the likelihood that they are re-trafficked, and limit the evidence they can provide for prosecutions.
60. The Government should remove the provision excluding from protection anyone who "is not a British citizen," as per section 29(4)(a) of the Illegal Migration Act, or "is liable to deportation," as per section 29(4)(b)(b) of the Illegal Migration Act.
61. The modern slavery sections of the Illegal Migration Act should not be commenced because they could cause a reduction in the number of modern slavery prosecutions and because insufficient evidence has been received concerning the operation of the measures in the Nationality and Borders Act on which the Illegal Migration Act relies.
In its overall conclusions on the impact of immigration legislation on survivor support, the Committee says:
69. There is a risk that immigration law enforcement will be prioritised at the expense of ensuring the welfare of survivors and listening to their perspective on policy development. The aim should be to give them the support they need to recover from their experiences, and to avoid disincentivising them from entering the National Referral Mechanism.
70. The Government should prioritise the safeguarding of victims over their immigration status and communicate changes in good time to victims and frontline organisations, including when there are delays in the National Referral Mechanism.
71. The Government should provide rights to modern slavery victims including temporary immigration status, recourse to public funds, and access to work, providing a route to permanent settlement in the UK.
Baroness O'Grady of Upper Holloway, the Chair of the Modern Slavery Act 2015 Committee, said the UK's treatment of victims of modern slavery was not acceptable in a decent society.