On a point of order, Mr Speaker. I have informed the Prime Minister that I would be making a point of order, but I was informed by those on the Government Front Bench that he had to go. My goodness, those of us on the opposite side of the House absolutely agree that he has to go—he has to go as Prime Minister. People throughout these islands have been watching this debate today, and people feel revulsion at the stories that have emerged, in particular the video last night. What is worse is that there are now authoritative reports of not just one, not just two, but three different Downing Street parties during lockdown last Christmas, including one in the Prime Minister’s flat. What do we on this side of the House have to do to make sure that the Prime Minister takes responsibility for his breach of trust and the breach of covid regulations and that he does the right thing on behalf of all the people of these islands and resigns, and resigns now?

Order. [Interruption.] I think I make that decision. [Interruption.] No, I know you are not, and it is not to me, obviously.

This is a very tense moment for the House and I want to try to calm it down. We cannot continue a debate after it has already gone on, but what I would say is that I am not aware of any media attention and it is not for me to rule on something that happens in Downing Street. I also say to the right hon. Member that he has got his point on the record and we can leave it at that.

On a point of order, Mr Speaker. The Committee on Standards has issued its fourth report of this Session, making a number of proposals and recommendations, some of which are open for consultation. As one of the longer-standing MP members of the Committee, I have been approached by some colleagues in the House, cross party, seeking guidance. It has become apparent to me that many colleagues are unaware of the existing practices and processes of the Committee and the code, let alone understand the proposed changes.

The Committee is keen to ensure full consultation and its Chair and team are doing a good job in encouraging Members to take part. With that in mind, I have checked “Erskine May”, spoken to senior colleagues and asked whether it would be appropriate for me to offer a meeting or meetings so that colleagues across the House could take part in the consultation on the proposed recommendations, with a view to sharing my views, listening to colleagues and strongly encouraging them to participate and express their views. The consultation runs until 20 January. I understand that it is entirely in order and permitted, so can you confirm, Mr Speaker, that you would encourage colleagues across the House to take part in this important consultation process?

I would encourage all Members to take part in the consultation process that has been launched, but that is certainly not a point of order for me. The hon. Gentleman has made a point of clarification for the House.

On a point of order, Mr Speaker. Have you been notified by the Government of their intention to make a statement today from the Department of Health and Social Care, because if media reports are to be believed there will be a Cabinet meeting this afternoon followed by a Downing Street press conference to announce the introduction of new restrictions? Mr Speaker, you have made it clear in the past that statements should be heard here first. I want to say that, despite what the Prime Minister said at Prime Minister’s questions to the Leader of the Opposition, this party and we on the Labour Benches have always put public health before party politics, which is why we have voted with the Government time and again—do not abuse that trust in the way that the public trust has been abused. We will always put public health first, but we expect that announcement to be made here.

First, I am grateful to the hon. Member for giving me notice of his point of order. I can confirm that I have had no request from the Government to make a statement. Of course, I am open to that, as soon as the Government come forward and say that they wish to make a statement. I say to the Government, as I have repeatedly said—and I will continue to repeat it—that it must be made here so that Back Benchers, whether Government or Opposition, can hear it in this Chamber. This Chamber is where statements are made. Otherwise it goes against the ministerial code. I do not want to fall out with the Prime Minister, but this is not a good way of getting Christmas cards sent between us, because I find it very offensive. There is plenty of time for the Government to come forward and say that they wish to make a statement here. What I do not want is statements to be made outside. I want respect for this House. I expect the Government to make sure that they respect their own Back Benchers, because I do even if he does not. So this is a chance for all to make sure that this House hears it first. I hope that, with my voice, they will be able to hear that in Downing Street, because I will make sure that they do hear it. So please let us not take this House for granted, and I stand firmly behind all Members of this House in saying that it must be heard here first.

On a point of order, Mr Speaker. On 3 November, I raised the tragic case of my constituent’s mother who sadly died by suicide, and the Prime Minister agreed to meet me. Mr Speaker, how best can I get that meeting? Essentially, the Prime Minister is now refusing to meet me.

I will write to the Prime Minister to remind him that he promised to have a meeting with you. I will pass on those remarks, and I am sure that those on the Government Front Bench will have heard them. When people make statements that they will meet, they should honour that. All Members of this House count. All Members matter.

On a point of order, Mr Speaker. It is further to the point of order raised by the shadow Secretary of State for Health and Social Care, the hon. Member for Ilford North (Wes Streeting). Successive Ministers have promised that vaccine passports will not be introduced without the prior approval of this House, yet it is reported today that they are going to do exactly that. What can you do, Mr Speaker, to protect the position of this House and to ensure that Ministers keep the promises they have made to it?

I do not want to continue debate on a point we have already had an answer to. What I would say is that I expect—and I know—that your voice will be heard, and it is certainly on the record.

On a point of order, Mr Speaker. I seek clarity on a point of procedure. Earlier, the Leader of the Opposition invoked Her Majesty the Queen in the political exchange, and I thought there was guidance—

Order. No, I am not even going to enter into that. If you look at yesterday’s proceedings, you will find that someone from the other side did the same. It was in passing and not part of the debate.

On a point of order, Mr Speaker. Further to the points made about the need for the Government to come to the House if they have anything to announce today, would you exceptionally permit the use of the urgent question procedure if a statement were not offered, so that we could put down an urgent question this afternoon for answer today?

I would be very willing to look, if it is at all feasible, to see whether we could use a UQ, if there is a way around the rules, because I would be more than willing to accept one if the Government were not willing to come forward with a statement. I totally agree that a statement would be beneficial. As I say, I am sure Downing Street would not let the Members of this House down.

On a point of order, Mr Speaker. Your advice has been very valuable today; I wonder whether you could extend it to this. I feel that there were some inconsistencies in the reply to my Question 6 in Prime Minister’s questions. Could you please advise me of next steps in managing the matter?

Unfortunately, I am not responsible for the answers—it is as simple as that—and I certainly do not want to be.

On a point of order, Mr Speaker. Following on from that, with reports swirling in the last few minutes or half hour, would you accommodate and encourage a statement from the Prime Minister on just how many parties they have had in Government buildings, and when, during the covid restrictions?

We are not going to extend the debate, and you have been here long enough to know that I am not going to be tempted by that.

If there are no further points of order, we come to the ten-minute rule Bill.

I beg to move,

That leave be given to bring in a Bill to transfer monies from the Dormant Assets Scheme into a new national endowment called the Community Wealth Fund, to be invested for the purposes of improving the local environments and quality of life of deprived communities, including through building social capital and social infrastructure; and for connected purposes.

As the first Conservative MP for Sedgefield since 1931, I, like so many of my colleagues on the Conservative Benches, was elected with a mandate to level up every community across the UK. In our first two years in office, we have worked tirelessly to level up opportunity. The Prime Minister announced the towns fund; the Chancellor set out a landmark £4 billion levelling-up fund for investment in the infrastructure of everyday life; there is the UK shared prosperity fund, to support communities after Brexit; and now we have a Department focused on delivering our levelling-up mission, so that every community across the country can benefit from the policies of this Government.

Most of the proposals announced so far will help improve economic fortunes across the UK, as we build back better from covid and meet the challenges of net zero. I know how important investment in physical infrastructure is—it can be a significant injection of belief in an area—but as I said earlier this week on Second Reading of the Dormant Assets Bill, levelling up needs to be more than that. It is time to tackle the next frontier of levelling up, and to rebuild the essential social infrastructure that our communities rely on, because both places and people are important. Research and evidence strongly suggest that places need investment in their social fabric as well as in their physical infrastructure. People need support and resources to nurture and develop the type of relationships that underpin the health and wellbeing of our communities and of the country as a whole.

We have seen the benefits of strong social connections over the past year, as local residents stepped up during the pandemic to protect their communities from the virus, forming mutual aid groups to ensure that vulnerable residents were looked after. As we move beyond covid and look to the future and to other challenges, we need to build on that community spirit. The Bill seeks to do just that—to help restore local pride in place, through investment in people, so that they develop the confidence and capacity to build the relationships needed to help them take action in their community.

If our levelling-up ambitions are to reach every part of the country, there must be levelling up in those places where the social fabric is most frayed. We need a “least first” approach to levelling up, with investment targeted first at those areas that have the least. It is for that reason that I am bringing forward this Bill in my role as co-chair of the all-party parliamentary group for “left behind” neighbourhoods, which is supported by 76 Members from across both Houses.

The 225 left-behind neighbourhoods that we represent and advocate for face severe economic deprivation and are significantly lacking in the social infrastructure that is so important to our way of life, but which many of us sometimes take for granted. That infrastructure includes: essential community places and local spaces where people can meet; the local activity and engagement with civic life that supports a sense of local ownership, and fosters belonging and civic pride; and physical and digital connectivity, which is vital in connecting residents to amenities, services and opportunities. These neighbourhoods are spread across the UK, and include Trimdon, Thornley and Ferryhill in my constituency. As research done for the APPG has found, such neighbourhoods face significantly worse outcomes than all other areas, including those that are equally economically deprived but that at least benefit from a foundation of social infrastructure.

The work of our APPG over the past 18 months has made it clear that these neighbourhoods require investment in the politics of belonging. We need to make these neighbourhoods better places in which to live and grow up; to invest in local talent and opportunities; and to provide these neighbourhoods with the support and resources that they need to flourish. Communities thrive when they enjoy a vibrant local civic life, whether it is built around a shared local history, heritage and experiences, or important local assets and institutions, such as a pub, library, football club or community centre.

These cultural and heritage assets help to create bonds of trust, and to cement the relationships and strengthen the ties that bind us to each other and to the place we call home. They underpin our unwritten social covenant and generate trust between the people who live in a place—a trust that can be relied on in times of difficulty. These are things that local residents understand. Recent polling from Survation found that two thirds of residents in left-behind neighbourhoods felt that their neighbourhood was missing out on community facilities; over half said that their area had fewer resources, such as parks, leisure and sports facilities, and places to meet. As importantly, almost 60% of residents said that they wanted more of a say in how future funding in their area was spent.

When it comes to levelling up an area, the community is best placed to know what needs to be done. We should not only listen to local people, but trust them to take the lead. We need to level up by devolving down, and give communities the confidence and capacity to take action on the issues that matter most to them, as well as the support and resources that they need to improve local outcomes. That is the purpose of the community wealth fund that I propose in the Bill. As we heard in the Chamber on Monday, the expanded dormant assets scheme provides almost £900 million, which could initially be used for this fund, so there would be no drain on the public purse.

I welcome the aim of the Government’s Dormant Assets Bill, which is to broaden the scope of dormant assets. The money will be committed to good causes. My Bill will ensure that that is a reality; it will set up an endowment that supports those places that are most left behind in designing their own future, achieving greater control over their destiny, and building long-term prosperity.

If the community wealth fund is to transform left-behind neighbourhoods in a way that previous schemes have not, the money must be invested in such a way as to build the social capital of residents while delivering visible and tangible benefits to their neighbourhoods. Research by the University of Cambridge looking at the past 40 years of place-based regeneration schemes found that the key determinants for driving lasting change included local decision making, targeting funding at the neighbourhood level, and ensuring long-term funding. Recent research for Onward reflects those findings; it found that while the involvement of communities is essential, many communities require up-front investment in order to participate fully.

The community wealth fund would build on the learning from previous regeneration programmes and support residents in taking the lead on making decisions about how its money is spent in order to achieve lasting change. That would turbo-charge community confidence and capacity, increase the stock of local social capital, and boost civic pride and local quality of life. Over the long term, we expect this investment to pay dividends by increasing residents’ ability to develop longer-term strategies for delivering change and tapping into the opportunities on offer across their wider region.

The decision on how and where to commit funds must be driven by the significance of the local social impact, and not some arbitrary calculation of the financial return on investment. We must try to reinforce this opportunity by making the approach as relational and human as possible, and remove whatever bureaucracy we can. I welcome the fact that the Government confirmed on Second Reading that they are not opposed to considering a community wealth fund, and that the idea is actively being considered in the levelling-up White Paper discussions. I also welcome the warm words of my noble Friend Lord Parkinson, who acknowledged that the core features of a community wealth fund—community decision making at a hyper-local level and investment in social infrastructure—have an important role to play in improving access to opportunities for everyone, particularly those in more deprived communities.

I fully support the objectives of the proposed consultation, and indeed hope that the result will be a community wealth fund, but I urge the Government to listen to the many organisations that have backed the call for a community wealth fund, and to colleagues from across the political parties. At the very least, I hope that the Government will ensure that the proposal for a community wealth fund is included in the consultation. I sound a note of caution: we need to initiate investment in social capital as soon as possible. For much of what we will consult on, we already know what we will find, so I encourage only minimal consultation, to allow for action as early as possible.

A community wealth fund would make a significant contribution to delivering the Government’s levelling-up objectives in many of our most left-behind communities. It is what is needed if we are to realise our ambitions of a new social covenant: a national endowment vesting greater control directly in the hands of local communities. My Bill, supported by my APPG, will set in motion the mechanisms by which we can build trust and achieve genuine and transformational change in left-behind neighbourhoods. It will do this by giving communities the opportunity to take the steps and identify the measures that they need to thrive. I would of course welcome the opportunity to talk to Ministers, together with members of the APPG, about the design and implementation of a community wealth fund. I commend this Bill to the House.

Question put and agreed to.

Ordered,

That Paul Howell, Jo Gideon, Jim Shannon, Dr Kieran Mullan, Dame Diana Johnson, Alexander Stafford, Mrs Emma Lewell-Buck and Rosie Cooper present the Bill.

Paul Howell accordingly presented the Bill.

Bill read the First time; to be read a Second time on Friday 18 March 2022, and to be printed (Bill 215).

I beg to move, That the clause be read a Second time.

With this it will be convenient to discuss the following:

New clause 6—Exemption for child victims of modern slavery, exploitation or trafficking—

‘(1) The Secretary of State may not serve a slavery or trafficking information notice on a person in respect of an incident or incidents which occurred when the person was aged under 18 years.

(2) Section 61 of this Act does not apply in cases where either of the positive reasonable grounds decisions related to an incident or incidents which occurred when the person was aged under 18 years.

(3) Section 62 of this Act does not apply in cases where the positive reasonable grounds decision related to an incident or incidents which occurred when the person was aged under 18 years.

(4) Sections 64(3) and 64(6) of this Act do not apply in cases where the positive conclusive grounds decision related to an incident or incidents which occurred when the person was aged under 18 years.’

This new clause would exempt victims of modern slavery, exploitation or trafficking from many of the provisions in Part 5 of the Bill if they were under 18 when they became a victim.

New clause 30—Victim Navigators—

‘(1) The Secretary of State must, within six months of the date of Royal Assent to this Act, make provisions for each police force in England and Wales to have one or more Independent Victim Navigators to liaise between the relevant police force and potential victims of slavery or human trafficking and to assist in the procurement of specialist advice for both the police force and the potential victim.

(2) Regulations under this section—

(a) shall be made by statutory instrument, and

(b) may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.’

This new clause seeks to introduce provisions for Independent Victim Navigators to be in operation on a national level, acting as a liaison between the police and potential victim of slavery or human trafficking in accessing the appropriate support.

New clause 39—Identified potential victims etc: disqualification from protection—

‘(1) This section applies to the construction and application of Article 13 of the Trafficking Convention.

(2) The competent authority may determine that it is not bound to observe the minimum recovery period under section 60(2) 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) 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 Human Rights Convention 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, circumstances where—

(a) the false statement is attributable to the person being or having been a victim of modern slavery; or

(b) where 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.

(8) Nothing in this section shall affect the application of section 60(3) of this Act.’

This 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.

New clause 43—Civil legal aid under section 9 of LASPO: add-on services in relation to the national referral mechanism—

‘(1) Part 1 of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (civil legal services qualifying for legal aid) is amended as follows.

(2) After paragraph 32A (Victims of slavery, servitude or forced or compulsory labour) insert—

“Pre-National Referral Mechanism advice

32B (1) Civil legal services provided to an individual in relation to referral into the national referral mechanism and connected immigration advice.

General exclusions

(3) Sub-paragraph (1) is subject to the exclusions in Part 2 of this Schedule.

Specific exclusions

(4) The civil legal services described in sub-paragraph (1) do not include—

(a) advocacy, or

(b) attendance at an interview conducted by the competent authority under the national referral mechanism for the purposes of a reasonable grounds decision or a conclusive grounds decision.

(5) In regulation 5(1) of the Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013 (S.I. 2013/480) (exceptions from requirement to make a determination in respect of an individual’s financial resources), after paragraph (l), insert—

“(m) civil legal services described in paragraph 32B of Part 1 of Schedule 1 to the Act (Civil legal services provided to an individual in relation to referral into the national referral mechanism).”’

New clause 47—Support and leave to remain for confirmed victims of slavery or human trafficking—

‘This section applies if a positive conclusive grounds decision is made in respect of a person.

(1) This subsection applies if the person has received support under section 50A of the Modern Slavery Act 2015—

(a) assistance and support must be provided for at least 12 months beginning on the day on which support provided under section 50A ends,

(b) where assistance and support is provided to a person under this subsection the Secretary of State must consider whether it is necessary for the victim’s physical, psychological and social recovery or to prevent re-trafficking to provide assistance and support after the end of the period in subsection (2)(a) for as long as they think appropriate,

(c) a decision whether to provide assistance and support in accordance with subsection (2)(b) must be made at least four weeks before the end of the assistance and support provided under subsection (2)(a),

(d) a reference in this subsection to assistance and support has the same meaning as in section 50A(7) of the Modern Slavery Act 2015.

(2) This subsection applies if the person is not a British citizen—

(a) the Secretary of State must give the person leave to remain in the United Kingdom if subsection (2) or (4) or (5) applies,

(b) leave to remain provided under this subsection shall be provided from the day on which the positive conclusive grounds decision is communicated to a person for either—

(i) the amount of time support and assistance will be provided under either subsection (2) or one of the measures listed in subsection (4), or

(ii) at least 12 months if the person meets one or more of the criteria in subsection (5).

(3) This subsection applies if the person receives support and assistance under one of the following—

(a) section 18(9) of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2 (N.I.)),

(b) section 9(3)(c) of the Human Trafficking and Exploitation (Scotland) Act 2015 (asp 12), or

(c) regulation 3(4)(c) of the Human Trafficking and Exploitation (Scotland) Act 2015 (Support for Victims) Regulations 2018 (S.S.I 2018/90).

(4) This subsection applies if the person meets one or more of the following criteria—

(a) leave is necessary due to the person’s circumstances, including but not restricted to—

(i) the needs of that person for safety and protection from harm including protection from re-trafficking,

(ii) the needs of that person for medical and psychological treatment,

(b) the person is participating as a witness in criminal proceedings,

(c) the person is bringing any civil proceedings including pursuing compensation.

(5) Where the person is receiving assistance from a support worker the recommendations of the support worker must be considered in assessing that person’s circumstances under subsection (5)(a).

(6) The Secretary of State must provide for persons granted leave to remain in accordance with this section to have recourse to public funds for the duration of the period of leave.

(7) The Secretary of State must allow a grant of leave to remain under subsection (3) to be extended subject to the requirements of subsection (9).

(8) In determining whether to extend a grant of leave to remain under subsection (8), and the period of time for which such extended leave should be provided, the person’s individual circumstances must be considered, and whether that person—

(a) is receiving on-going support and assistance under the measures set out in either subsection (2) or subsection (4), or

(b) meets one or more of the criteria in subsection (5).

(9) If the Secretary of State is satisfied that the person is a threat to public order—

(a) the Secretary of State is not required to give the person leave under this section, and

(b) if such leave has already been given to the person, it may be revoked.

(10) In this section, if the person is aged below 18 years of age, the best interests of the child must be taken into consideration in accordance with section 55 of the Borders, Citizenship and Immigration Act 2009.

(11) In this section—

“positive conclusive grounds decision” means a decision made by a competent authority that a person is a victim of slavery or human trafficking;

“threat to public order” has the same meaning as subsections (3) to (7) of section 62.

(12) This section is to be treated for the purposes of section 3 of the Immigration Act 1971 as if it were provision made by that Act.’

This new clause would provide new statutory support for victims in England and Wales after a conclusive grounds decisions. It would provide leave to remain for all victims with a positive conclusive grounds decision for at least 12 months to receive support, assist police with their enquiries or seek compensation.

Amendment 127, page 57, line 3 leave out clause 57.

Amendment 128, page 57, line 25 leave out clause 58.

Amendment 5, in clause 58, page 57, line 41, at end insert—

‘(5) The provision of relevant status information identifying a person as a likely victim of human trafficking for sexual services shall constitute a “good reason” for the purposes of this section.’

This amendment would mean that the credibility of victims of human trafficking for sexual services would not be called into question by reason of the late provision of information relating to that fact.

Amendment 6, in clause 58, page 57, line 41, at end insert—

‘(5) Subsection (2) does not apply where the person is a victim of trafficking for the purposes of forced prostitution.

(6) For the purposes of subsection (5) the person may be considered a victim of trafficking for the purposes of forced prostitution if there is evidence that the person—

(a) has been transported from one location to another on a daily basis;

(b) bears signs of physical abuse including but not limited to—

(i) branding;

(ii) bruising;

(iii) scarring;

(iv) burns; or

(v) tattoos indicating gang membership;

(c) lacks access to their own earnings, such as by having no bank account in their own name;

(d) has limited to no English language skills, or only such language skills as pertain to sexualised acts;

(e) lives or stays at the same address as person(s) meeting the criteria in paragraphs (a) to (d);

(f) sleeps in the premises in which they work.’

Under this amendment, late provision of relevant status information would not be taken as damaging the credibility of the person providing the information if that person were a victim of trafficking for the purposes of forced prostitution.

Amendment 7, in clause 59, page 58, line 5, at end insert—

‘(za) at the end of paragraph (a) insert—

“(aa) the sorts of things which indicate that a person may be a victim of human trafficking for sexual services;”.’

This amendment would require the Secretary of State to issue specific guidance on the sorts of things which indicate that a person may be a victim of human trafficking for sexual services.

Government amendments 64 to 69.

Amendment 3, page 59, line 39, leave out clause 62.

This amendment would remove clause 62, which excludes potential modern slavery victims from protection in certain circumstances.

Government amendments 70 to 75.

Amendment 149, page 62, line 18, leave out clause 64.

This amendment is consequential on NC47.

Government amendments 78, 76, 77 and 79 to 83.

Amendment 130, page 63, line 26, leave out clause 65.

This amendment is consequential on NC43.

Amendment 131, page 66, line 1, leave out clause 66.

This amendment is contingent on NC43, Clause 66 would no longer be required if NC43 is agreed to.

Amendment 148, page 66, line 33, leave out clause 67.

Government amendment 84.

Amendment 129, in clause 81, page 79, line 15, at end insert—

‘(6) Part 4 (age assessments) and part 5 (modern slavery) only extend to Scotland to the extent that a motion has been approved by the Scottish Parliament, bringing them into force in Scotland.’

Under this amendment, Parts 4 and 5 of the Bill would not enter into force in Scotland until the Scottish Parliament had given its consent.

Government amendments 85 to 90.

Amendment 16, in clause 82, page 80, line 3, at end insert—

‘(5) Sections [Time limit on immigration detention], [Initial detention: criteria and duration] and [Bail hearings] come into force six months after the day on which this Act is passed.’

This amendment would bring NC15-NC17 into force six months after the day on which the Bill is passed.

I rise to speak to new clause 3, which would put into law a specific offence for trafficking for the purposes of sexual exploitation. We know that serious organised crime networks are deeply involved in this trade in human misery. I thank Kat Banyard at UK Feminista and Tom Farr at CEASE—the Centre to End All Sexual Exploitation—UK, who have helped to draft new clause 3, and the Humber Modern Slavery Partnership at the Wilberforce Institute in Hull for all its help.

Although the Modern Slavery Act 2015 covers exploitation broadly, the catastrophically high number of women and girls trafficked into the UK for the sex industry means that it merits a specific offence. The latest figures from the national referral mechanism show that 60% of women and girls who were identified as potential victims in the past year were trafficked for purposes including sexual exploitation. In 2020, 94 women and 624 girls were trafficked and sexually exploited. These women need specific and targeted protection.

New clause 3 would ensure that the link between human trafficking and sexual exploitation is acknowledged. It would aid efforts to combat the scourge of human trafficking and broader violence against women and girls by providing a framework that would ensure that the authorities respond to individuals who may have been previously viewed as criminals as though they are, in fact, victims of sexual exploitation.

I also want to speak to amendments 5 to 7, which focus on stopping late disclosure affecting credibility and providing guidance to help the relevant authorities to identify victims. Andrew Smith of the Humber Modern Slavery Partnership, an experienced practitioner, told me:

“We know there are various reasons why we might see late disclosure by victims of sexual exploitation and trafficking. Victims may not identify as victims first and foremost, it can be only when a person is removed from the exploitative environment that they understand they were in fact being abused and exploited.”

And yet, the Bill proposes a time limit on disclosure.

The Modern Slavery Policy Unit, co-led by Justice and Care UK and the Centre for Social Justice, stated:

“Presuming late disclosure of modern slavery damages credibility will create barriers to effective identification and engagement with victims.”

The Bill, as it stands, will make identifying and assisting victims of human trafficking more difficult.

Amendment 5 would stop late disclosure affecting the credibility of a claim of being trafficked for the purpose of sexual exploitation. The Home Office’s modern slavery statutory guidance states:

“Victims’ early accounts may be affected by the impact of trauma. This can result in delayed disclosure, difficulty recalling facts, or symptoms of post-traumatic stress disorder. Victims may also be reluctant to self-identify for a number of other reasons that can make understanding their experiences challenging.”

This amendment acknowledges Home Office guidance by ensuring that late disclosure does not damage credibility.

Amendment 6 sets out how a person who makes a late disclosure might be better identified by any relevant authority.

I am very interested in what the right hon. Lady is saying. If we are to stop modern slavery, we must ensure that we catch the perpetrators, which requires victims to be able to come forward with evidence. She is outlining certain elements of the Bill that she fears will restrict victims’ ability to come forward, and I am concerned that the public order disqualification threshold and the time period on slavery and trafficking information notices will also have that effect. Does she share my concerns about those aspects and hope that the Minister will address them specifically today?

I thank the right hon. Lady for that intervention and pay tribute to her for, as Home Secretary, bringing in the Modern Slavery Act. I sat on the Bill Committee for that Act and I remember well the debates that we had. She should be very proud of her work on this issue, and I absolutely agree with her comments on what the Bill will lead to.

To return to amendment 6, I want to make it clear that putting these guiding factors in the Bill would provide a deeper understanding for the authorities of what they should be aware of and how to identify victims.

Amendment 7 would require the Secretary of State to issue guidance on the specific factors that may indicate that somebody is a victim of human trafficking for the purposes of sexual exploitation. That would provide a framework for the relevant authorities to refer to when trying to discern the type of exploitation that has taken place.

The Under-Secretary of State for the Home Department, the hon. Member for Corby (Tom Pursglove), argued against these amendments in the Bill Committee, stating that the Government did not want to create a “two-tiered system” based on the exploitation that a victim had faced. I think that is simply wrong. Acknowledging the distinct features of trafficking for the purposes of sexual exploitation, as opposed to, for example, forced labour, would improve the authorities’ response and the ability to prosecute and find the perpetrators. Recognising and identifying difference would not create a hierarchy; rather, it would make the system more effective and accurate. The Minister also stated that delineating between trafficking for sexual exploitation and trafficking for other purposes would motivate individuals to put forward falsified referrals. However, all the evidence shows that victims of trafficking for sexual exploitation need more encouragement to come forward, not less.

Finally, I want to speak in support of new clause 47 and the supporting amendment 149, which was tabled by the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith). He has worked assiduously on protections for victims of human trafficking and modern slavery for many years. The new clause would provide all victims who receive a conclusive grounds decision with 12 months’ leave to remain to either recover, claim compensation or assist the police. The Government need to do more to protect people who have suffered from these horrendous crimes.

I am grateful to be called so early in the debate. Mr Speaker. I will speak to my new clause 47, which has been signed by Members on both sides of the House. The aims of the new clause, which the right hon. Member for Kingston upon Hull North (Dame Diana Johnson) kindly referred to, are very simple. It is not a soft option, but a decent and reasonable one that does two things.

First, it deals with the issue of giving people who have gone through the national referral mechanism, who are therefore rightly in the system, longer to be able to settle and to be properly helped and supported. That is a humanitarian position, having already decided that such people have suffered as a result of modern-day slavery. That was the purpose of the Modern Slavery Act, which was brought in by my right hon. Friend the Member for Maidenhead (Mrs May), and this proposal will make that even better as we go forward and learn from it.

The second aspect is very important. The police keep telling us that, if they had more time to help those people to give testimony, we would get many more prosecutions and we would, ironically, shut down more of the ghastly criminal channels that are bringing these people in. This is about being strong in both prosecution and humanitarian terms, and that is the purpose of the new clause. I remind everybody that when the Centre for Social Justice wrote the first big paper about modern-day slavery, my right hon. Friend—we were both in Government at the time—was moved and decent enough to be able to push this point in government and put the legislation through, which meant that we were the first country in the world to acknowledge modern-day slavery and legislate for it. We should be proud of that. It is one of those things on which the British Parliament historically will be spotted for having led the way worldwide. Other Parliaments have followed suit—not all of them, but many have—with their own versions of that legislation.

We should be proud that a Parliament can work to do right by people who have too often been abused. I also remind those here today, and others who may or may not be watching, that the National Crime Agency figures now show that between 6,000 and 8,000 modern slavery offenders are in the UK, but there were just 331 prosecutions in 2020 under the Modern Slavery Act and only 49 convictions. Does that not tell us a story? It tells us that, good as we think we are, we are not winning this battle, and the police know it.

On that point about convictions and the police, does the right hon. Gentleman agree that the police need more resources to tackle and eradicate modern slavery?

I agree, in principle, that if we are to get more prosecutions it is vital that those who are pursuing these characters should be well-funded. Although that is not part of this particular new clause, it is certainly within the wider scope of the Bill.

The right hon. Gentleman is making a very strong point. Is it not one of the problems that victims of any kind of slavery are inevitably isolated, frightened and often unable even to leave the property, factory or home where they are working? They do not necessarily know where to go and, if the local police are not attuned to the problem, they get no help there. They are then completely stuck and in a very dangerous and vulnerable situation. Is there not an issue of both police training and convincing local authorities and all other public services that they have to be attuned to the desperation these people face, rather than the danger of prosecution for what could be—

Order. All I can say is that I have the greatest respect for the right hon. Gentleman, and if he wants to speak I have plenty of room on the list. Save your speech to read shortly, if you want to.

I am grateful to you for clarifying, Mr Speaker.

I will just say to the right hon. Gentleman that of course he is right, and it is important for us to understand that this is an issue not of asylum or migration but decency. He will know—even if he does not, I am going to say it to the House—that a significant chunk of those who are now part of the modern-day slavery ghastliness emanate from the UK. It is important that local authorities and others understand that they are looking not just for people who are trafficked in, but for those being trafficked within the UK. That is an important point. I agree with him, and the point of today’s debate is to try to raise that issue.

The right hon. Member for Islington North (Jeremy Corbyn) makes a pertinent point, but is not Justice and Care—and its navigators who help victims of trafficking with the criminal justice system—one of the success stories? We get more prosecutions because of that charity and the work it does.

I thank my hon. Friend for signing the new clause, and he is absolutely right. Justice and Care has done a phenomenal amount of work; I am enormously grateful for its guidance and we have worked together on this matter. He is quite right to congratulate the organisation; without it, I suspect this would have been very difficult.

Let me bring in two examples that illustrate the problem. First, a Home Office local authority pilot found that all 62 adult survivors receiving support through the project in 2018-19 supported a criminal investigation, which makes my point that, with the right support, people do the right thing. They lose their fear, they understand that they are protected and they will give evidence. Secondly, Justice and Care found that 89% of victims supported by victim navigator support workers chose subsequently to engage with the police.

I say to my right hon. and hon. Friends on the Treasury Bench that it is important that we understand and separate this question out from all the other arguments that go on about migration and asylum. This is ultimately about helping ourselves and helping the victims. The two go together, and that is the important issue.

It is also worth reminding ourselves of the cost of modern slavery right now, without the resolution that we require and that this new clause would bring. The Home Office estimates the cost at £328,000 per modern slavery victim—a total of £32 billion using 2020 estimates of 100,000 victims from the Centre for Social Justice. I will just repeat that figure: £32 billion is the overall cost. That does not include court, prison and probation costs, or the costs of failed or aborted prosecutions due to insufficient evidence. So the case becomes stronger and stronger that this Bill offers the opportunity to do the right thing here.

The right hon. Gentleman is making a very good point, which illustrates the importance of the availability of judicial review. Looking towards what might be coming down the line in this regard, should I make an assumption about having his support on that occasion?

You would call me out straightaway, Mr Speaker, if I went so far as to enter into another debate. Tempting though the offer is from my right hon. Friend—I call him that because of the time we spent in government together, and because we agree on so many issues—he will, I am sure, forgive me if I say that I am not yet aware of any Bill that is due to come before us. I will leave it there.

The Government have recognised victims’ need for stability and consistency in the support that they receive. That is a good move, and I thank them for it. I welcome the intention to provide a guaranteed 12-month minimum period of tailored support for all confirmed victims; that is particularly important. I ask the Under-Secretary of State for the Home Department, my hon. Friend the Member for Redditch (Rachel Maclean), to bear in mind, when she rises to sum up the debate, that—as I have already said to you, Mr Speaker—I intend to press the new clause to a Division unless the Government make it clear that they have listened very carefully to this and other debates on the subject. The minimum guarantee will serve as a major stabiliser. If the Government are prepared to accept that, and perhaps table an amendment in another place, I shall be prepared to wait and see what happens.

I also welcome the Government’s commitment to considering how best to support victims through the criminal justice process. They need to be serious about that, and I hope to hear a clear statement that modification and improvement are required. There remain concerns about the current restriction of support to

“needs arising from exploitation criteria”,

and the Government will need to deal with that as well.

Let me end by saying that we must separate the concept of modern day slavery from the rows about asylum seeking. Many people come over here with good cause; I personally do not blame those who are fleeing for economic reasons when things are desperate. I accept that we must have rules and restrictions, but I ask the Government to consider those who have been trafficked, those who are being persecuted, and those who are being used for the purpose of sexual or any other exploitation.

When I was at the Department for Work and Pensions, we knew that gangs were getting women in particular over here, giving in their names to claim benefit, and then pushing them into brothels and other places. That is what we want to stop. We want to stamp out the exploitation of women, and men, against their will, both at home and as a result of their being trafficked into the UK. If the Minister can give me, and the House, an assurance that she gets this, and that the Government—my Government—are prepared to make the 12 months a de minimis and to look carefully at how the support can be given and how people can be protected through this process after they go through the NRM, I may feel inclined not to press the new clause.

I call the shadow Minister, Holly Lynch.

Thank you, Mr Speaker.

It is a genuine pleasure to follow the powerful contribution from the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith). I will come to the merits of his new clause, but let me start by congratulating my right hon. Friend the Member for Kingston upon Hull North (Dame Diana Johnson) not just on the new clause and amendments that she has tabled, but on receiving her damehood at Windsor Castle yesterday. There could be no more fitting tribute in recognition of her services to politics and her community, and I was delighted to see her collect that recognition yesterday.

We have grave concerns about part 5 of the Bill, which would introduce detrimental changes in modern slavery provisions and the national referral mechanism. New clause 3, tabled by my right hon. Friend, has our backing for all the reasons that she outlined. I would struggle to find a more heinous crime than moving another human being across borders, or across the country, in order to force them to have sex and for their abuser to make a profit. Given the utterly depressing rises in this type of criminality and exploitation, my right hon. Friend will have our full support if she is minded to press the new clause to a vote.

Provisions in part 5 will make it harder to identify, safeguard and support victims of modern slavery in securing prosecutions against their abusers. Our new clause 6 will ensure that no child victim of trafficking or modern slavery is denied protection because of those provisions. The new clause follows the many battles that we had in Committee in calling on the Government to hear the pleas of organisations such as The Children’s Society and Every Child Protected Against Trafficking, and those of the Independent Anti-Slavery Commissioner, Dame Sara Thornton, and to recognise the vulnerability of child victims of trafficking and modern slavery, something that they have failed to do throughout the Bill’s passage so far.

The Government have sought to suggest that a fear of the national referral mechanism being abused warrants the introduction of barriers to accessing it. I remind them that the Home Office’s own statistics show that, of the 10,613 potential victims of modern slavery referred to the NRM last year, 47% were children. There was a 10% increase in the number of child referrals last year, and the single biggest type of exploitation was criminal exploitation. The Home Office’s own publication states:

“For those exploited as children, an increase in the identification of ‘county lines’ cases has partially driven the rise in the number of cases categorised within the ‘criminal exploitation’ category, with 40% of all child referrals for criminal exploitation being flagged as county lines.”

It is clear that children who are the victims of vicious county lines gangs will be among those most detrimentally affected by these changes. Just this week, we heard that the Government were getting tough on county lines gangs, but if they pass these proposals today unamended, child victims trapped by those gangs will be met with unnecessary barriers to both freedom and justice.

The hon. Lady is talking about an exceptionally important issue, the trafficking of children. While we in this country probably lead the world in looking after adult victims, we fail our child victims. Do the hon. Lady and her party support a revision of that situation, so we can protect children in the same way that we protect adults?

As the Minister will recall, we pushed for that time and again in Committee. The Bill makes no distinction between adults and children who are victims of trafficking and slavery. That failure to recognise the age-related vulnerability of a child constitutes a glaring omission, and I welcome the hon. Gentleman’s support for seeing what else we can do to press the issue during the Bill’s subsequent stages.

If the Government require any further persuading, the legislation in its current form contravenes their own existing statutory guidance, which states:

“Whatever form it takes, modern slavery and child trafficking is child abuse and relevant child protection procedures must be followed if modern slavery or trafficking is suspected.”

The changes introduced in the Bill mean that a child can only access protection from abuse if they disclose details of their trauma, against a Home Office-mandated timeline, or else have their credibility as a victim discredited, and can only access NRM support if they are not deemed to be a threat to public order as outlined in clause 62. The Government’s own guidance rightly says that a child who has been trafficked must be protected—no ifs, no buts, which means no clause 57, no clause 58 and no clause 62. I urge the Government to rethink all the modern slavery provisions, but as a minimum, in order merely to deliver on their own commitment to the general public this week, to adopt our new clause to prevent changes that would leave children more vulnerable to criminals and traffickers.

I want to make clear our support for independent victim navigators, who have already been mentioned by other Members. New clause 30 seeks to build upon the successful pilot programme launched by Justice and Care in 2018, which has now been extended, with eight victim navigators currently in post in five different police forces. I recently had the opportunity to visit the modern slavery team at West Yorkshire police with Justice and Care to gain a better understanding of the incredibly impressive work undertaken by those navigators in providing vital support to victims to rebuild their lives, which is what then facilitates prosecutions. An interim report has shown that, up to June 2021, the programme has provided strategic advice to 392 modern slavery investigations and given intensive support to 202 victims. Significantly, 89% of the victims supported by those navigators have chosen to engage with police investigations, compared with just 33% nationally, and 120 suspected exploiters have been arrested in cases supported by victim navigators. I know this is something we can all celebrate.

I rise to speak to new clause 39, standing in my name and the names of the Chairs of the Procedure Committee, the International Development Committee and the Business, Energy and Industrial Strategy Committee. For a variety of reasons, none of those colleagues can be with us today, and I feel that I am a poor substitute for them in making these points—

Will my hon. Friend give way?

With great modesty, I shall.

Can I just reassure my hon. Friend that, by the very fact that he is speaking to this new clause, he is more than a substitute and that he is on the side of right?

I am grateful to my right hon. Friend. One other aspect of this is that it has given me the opportunity to have a fresh look at an area of legislation that I have not been as deeply involved in as he has. I might therefore raise some concerns that the Minister might not get from other quarters, with a keen focus on the legislation dealing with modern-day slavery.

I wish also speak in support of amendment 3, tabled in the name of the right hon. Member for Orkney and Shetland (Mr Carmichael). I will be pleased to hear him later expressing his support for my new clause, as I also hope the SNP will. I am grateful to the hon. Member for Halifax (Holly Lynch) for her indication of support. The reason I say that is that my new clause has not been selected for separate Division, and it is therefore important that this House sends a clear and unequivocal cross-party message to the other House, where this issue can perhaps be looked at anew.

I am sure that the House will be on tenterhooks to know, so I can put it out of its misery and tell the hon. Member that I will be more than happy to support his new clause.

I am very pleased to be off those tenterhooks, although I am never very sure what tenterhooks are. They do not sound very comfortable.

New clause 39 provides the Government with an opportunity to achieve their objectives but on a more considerably secure legal footing than their current proposals would permit. The new clause has been informed by the concerns raised by the Independent Anti-Slavery Commissioner, Dame Sara Thornton. Clause 62 currently seeks to disqualify potential victims of trafficking from the protections afforded under the national referral mechanism. Those protections are important not just as a manifestation of the mercy of our country towards those whose lives have been made wretched by the exploitations of others but to enable more effective prosecution of the perpetrators of such trafficking. Consideration of exclusion from these protections therefore requires careful assessment of the consequences for both those factors. Moreover, as my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith) mentioned, it should be considered in the context of our country’s leading position in international law on human trafficking. That is a position that we should not give up at all lightly.

My first concern with clause 62 as proposed is to ask: where is the evidence? Where is the evidence that access to the national referral mechanism is being abused, and where is the evidence from the Government on the impact of their proposal? My second concern with clause 62 is that it does not appear to address vexatious or unwarranted claims regarding access to the national referral mechanism. That point was also made by my right hon. Friend the Member for Chingford and Woodford Green when he was speaking to his new clause. This is the wrong piece of legislation to do what the Government hope is the right thing, but which many of us fear will make the situation worse rather than better. In the absence of evidence for why this is a logical measure to adopt, I am perplexed as to why clause 62 has been drafted in this way.

My concern is also that subsections (3)(b) and (3)(f) provide a very low bar for disqualification based on criminal sentencing. For those, like me, who are not familiar with modern slavery, it may sound odd that there is public interest in supporting people who have committed crimes either here or, more likely, overseas that carry a 12-month sentence—that is the bar—but that public interest is the same public interest as we have in trying to reach the main perpetrators in county lines drug gangs or serious fraud cases.

The public interest is in enabling sufficient evidence to be collated to bring successful prosecutions against the co-ordinators of those crimes, which is where I fear this clause falls short in subsections (3)(b) and (3)(f). I see good reasons in the other subsections and paragraphs for why clause 62 makes sense, but subsections (3)(b) and (3)(f) are clearly very different. I am interested in understanding the Minister’s logic.

Although this is an immigration Bill, clause 62 will largely apply to people already here, including British citizens, who currently make up the majority of victims. Because it refers to the national referral mechanism, most British victims will fall foul of this clause. The data suggests that the vast majority of British victims would fail under the Bill’s disqualifying remit, as the majority of cases involving British victims involve criminal exploitation. Even those who fall under labour or sexual exploitation often participate in criminal activities as part of their exploitation and so may end up being “unworthy” of support. I fear that is not what we are trying to do, and it should not be in an immigration Bill.

Another concern that has been raised with me is that there are currently significant difficulties in bringing prosecutions for modern slavery. As previous speakers have mentioned, with approximately 10,000 potential victims of modern slavery identified in the UK last year and only 238 convictions, it is clear that the process is at risk of being overloaded.

How does it help for there to be new additional legal requirements to investigate the criminal history of each and every potential victim who is seeking access to the national referral mechanism? How on earth will that help? Have we not been here before, more than a decade ago? I do not like to refer back to the bad old days of immigration under Labour, but what a complete mess Labour made of it. The lives of many of my former constituents in Bedford, and the constituents of many hon. and right hon. Members here, were ruined by the Home Office’s processes, and those processes are still not where they need to be. With this new provision on access to the national referral mechanism, the Home Office is at it again, making it more complicated, making it more difficult and, ultimately, making a rod for its own back.

New clause 39 would remove children from the scope of clause 62, which is important. We do not want children to fall foul of other rules and regulations, certainly when it comes to their criminal record or otherwise. Will the Minister address that directly?

The new clause preserves the Government’s power to remove individuals from the UK who pose

“an immediate, genuine, present and serious threat to public order”.

We understand the Government want to make these changes, and there may be good reason for doing so, but let us set the bar higher and let us make it more pertinent so that we do not block the whole system and unduly use immigration law to address modern slavery. That seems a sensible change to make.

New clause 39 would change the wording of the Bill so that a person who claims to have been trafficked improperly will not be treated as having acted in bad faith, which is more in line with the trafficking convention. When a Government seek to conflate effective modern slavery legislation a little too much with immigration law, it is important that we refer to the founding principles of that first set of legislation. Let us not be wishy-washy by saying we can make it up as we go along. Let us not import one schedule from one Act and say it will work fine in this Bill, which seems sloppy. It seems much better to place it more firmly and resolutely in international conventions and other aspects of international law.