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To ask Her Majesty’s Government, over the last 10 years, how
many children trafficked into the United Kingdom who have
subsequently applied for asylum have had their applications
approved.
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The Minister of State, Home Office (Baroness Williams of
Trafford) (Con)
My Lords, the Home Office does not publish data on the number
of child victims of modern slavery who subsequently
successfully claim asylum. To maintain the highest standards
of accuracy, the Home Office prefers to refer to published
data, as these have been subject to vigorous quality
assurance prior to publication. The Home Office publishes
data on the number of asylum claims from unaccompanied
children. The latest published statistics can be found in the
quarterly immigration statistics published on GOV.UK. These
show that, in 2017, 1,212 children were granted leave; in
2016, this figure was 1,396.
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(Lab)
I thank the Minister for that reply. Since the Court of
Appeal’s decision in PK (Ghana) was handed down, the
Government have had to issue interim guidance on
discretionary leave to remain for victims of modern slavery,
but this is a policy of no policy. It just puts decisions on
hold, leaving vulnerable adults and children in limbo and in
fear of losing their NRM support, as the waiting time for
decisions now extends beyond the time for support afforded to
them. What is the Government’s timetable for consideration of
this judgment? Can they guarantee that all victims waiting
for a decision on discretionary leave to remain will remain
in receipt of NRM support until they receive a decision?
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We are considering the implications of the judgment. While we
consider the next steps, interim guidance has been issued to
caseworkers to put on hold any refusals of discretionary
leave to remain for confirmed victims of modern slavery.
Grants of discretionary leave are continuing. Clearly, we
will come to a view as quickly as possible.
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(Con)
What percentage of victims of modern slavery who apply for
discretionary leave to remain following a positive NRM
conclusive- grounds decision actually receive a decision
about the discretionary leave within 45 days?
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I can tell my noble friend that in 2016 1,278 children were
referred to the NRM for consideration of whether they had
been a victim of modern slavery, a 30% increase on 2015. We
will be publishing figures for 2017 in March and, if
available for disclosure, they will be provided.
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(LD)
My Lords, does the Minister agree that the longer the delay
in reaching a decision in respect of a trafficked child, the
greater the risk of that child going missing and being
retrafficked?
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It is certainly the Government’s intention to make decisions
as quickly as possible. I totally concur with the noble
Baroness that if we have a vulnerable child in our care, we
should make decisions about them as quickly as possible.
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(CB)
My Lords, I wonder whether the Minister can get the
Government, particularly the Home Office, to reconsider the
removal of children who are victims of trafficking at the age
of 18.
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As the noble and learned Baroness will know, victims of
trafficking are not necessarily coming into this country for
an asylum route. Indeed, many of the children who are
trafficked are from the UK, so it is correct that when a
child reaches the age of 18, should they be from another
country, their immigration status is reconsidered.
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(Lab
Co-op)
My Lords, I refer to my relevant interests in the register.
Does the noble Baroness think that the national referral
mechanism takes proper account of children’s needs? Can she
tell the House what the Government are doing to prevent
children, as referred to by the noble Baroness, Lady Hamwee,
who arrive in this country and go missing after a few days
becoming repeat victims of trafficking?
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I am clear that the national referral mechanism meets the
needs of children. As the noble Lord may know, the Minister
for Crime, Safeguarding and Vulnerability announced the
Government’s proposals to reform the NRM. For children, this
ensures that support for child victims is improved by
continuing with the rollout of the independent child
trafficking advocates. We are trying new and innovative ways
to give money to NGOs as part of the child trafficking
protection fund.
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The Lord
My Lords, I declare an interest as chairman of the advisory
panel of the Independent Anti-slavery Commissioner. I ask the
Minister about the role of the modern slavery unit in the
Home Office, in this area to do with children and more
generally. How does the modern slavery unit help those of us
working in this area of children and care for victims? How do
we know what its priorities and practices are so that we can
best co-operate?
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The role of the commissioner should be to assess how the
system is working. As I said in answer to the previous
question, children should receive the specialist support and
assistance that they need according to their circumstances.
The role of the NRM is to ensure that a trafficked child is
given the appropriate support they need from all the agencies
involved to be able to move on from that traumatic
experience.
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(Con)
Does my noble friend agree that it is very important, while
exercising discretion on the basis of humanity for right to
remain, that we do not move away from the basic principles of
the 1951 United Nations convention, which are undoubtedly
tough but nevertheless important, when we choose to grant
asylum to this country?
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My noble friend is absolutely correct. We have an incredibly
good record of granting asylum not just to adults but to
children. Together with the various agencies we provide the
maximum level of care that we possibly can to children who
have been trafficked or who need our protection.
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(CB)
My Lords, how many of the “shoulds” and the “woulds” are
actually in place? The Minister has kindly explained that
there are many provisions: which ones are actually being
pursued so that those kids do not immediately disappear?
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I apologise to the noble Baroness: I did not hear the first
part of her question.
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I was just asking how many of the “shoulds” and the “woulds”
are actually in place, rather than statements of intention?
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The Modern Slavery Act is now in place and therefore its
provisions are being implemented.
