Safeguard victims as priority or risk Modern Slavery rise, warns Lords committee

Immigration legislation introduced by the last Conservative government left victims of modern slavery less protected and more vulnerable to exploitation, according to the House of Lords Modern Slavery Act 2015 Committee, which assessed the impact of immigration laws on enforcement of the Modern Slavery Act. 

In its report, ‘The Modern Slavery Act 2015: becoming world-leading again', published today, the cross-party committee also examines the alarming rise of modern slavery reports in the care sector and recommends new duties on employers to help tackle modern slavery in supply chains.  

Care sector 

Relaxed visa rules and weak regulation have seen the number of reported victims in the care sector rocket by 400% since the sector was added to the Shortage Occupation List, according to the Gangmasters and Labour Abuse Authority. The Government must: 

• Provide adequate resourcing for regulatory and enforcement of labour standards bodies to tackle the evolving picture of modern slavery 

• Boost the number of Gangmasters and Labour Abuse Authority and other labour standards inspectors to meet minimum International Labour Organisation standards  

• Establish secure reporting pathways so workers can report exploitation without fear of repercussions for their migration status  

• Establish and adequately resource a new independent Single Enforcement Body, which puts the interests of workers and victims at its heart, to crack down on labour rights abuses 

• Require sponsors of workers under the Health and Care Visa scheme to have been inspected by the Care Quality Commission and to have been operative for a minimum period of time. 

• Strengthen the rights of workers on visa schemes,  to change employers, renew visas, and apply for transitional work permits. Government must inform workers of their rights 

• Ensure the government's promise of a Fair Pay Agreement in social care also tackles poor terms and conditions, such as requiring staff to pay for travel, uniforms and training, to reduce the risk of financial exploitation and ensure workers are paid the full and fair rate for the job. 

Immigration legislation 

The new government should recognise the difference between those who willingly come to the UK as migrants and those forced to come as modern-day slaves. Legislative changes that reduce protection for modern slavery victims should be reversed, or left uncommenced, and safeguarding must be prioritised. The Government should: 

• Develop a sound evidence base to inform policy in this complex area. Unsubstantiated claims that support for victims was being abused, as made under the previous government to justify weakening of protection for modern slavery victims in immigration law, harmed some of the most vulnerable and must never be made again in the absence of hard evidence 

• Remove the provision excluding from protection anyone who “is not a British citizen”, from the Illegal Migration Act. Safeguarding of modern slavery victims should be prioritised over their immigration status 

• Not commence the modern slavery sections of the Illegal Migration Act because they could reduce 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 

• 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 

• Review its policy and procedures to ensure that primary legislation and statutory guidance are positively compliant with its international obligations under the Palermo Protocol and the European Convention on Action against Trafficking in Human Beings. 

Supply chains 

While the Act introduced a requirement for companies to report on how they tackle modern slavery in their supply chains, the current legislation is too weak to have significant practical impact. The Government should: 

• Ensure that the publication of statements and compliance with requirements is enforced, both for companies and public bodies 

• Progress towards international best practice concerning due diligence duties and import bans on companies producing services and goods made with forced labour 

• Introduce proportionate sanctions for relevant companies and organisations that do not comply with supply chain requirements through a well-resourced body which covers all sectors 

• Clarify responsibility for enforcement in its modern slavery strategy, including making it clear how this is divided between departments and ensuring that departments are properly resourced to play their part 

• Ensure that tackling modern slavery and forced labour is included in trade negotiations. 

Baroness O'Grady, Chair of the House of Lords Modern Slavery Act 2015 Committee, said: 

“The prosecution rate for modern slavery is only 1.8%, with the number of victims estimated to be around 130,000 in the UK. This means too many perpetrators are free to profit from victims with impunity. Modern slavery is a hidden crime, which occurs in many areas, including illegal drugs, prostitution, domestic service, agriculture, and the care sector. Investigations and prosecutions can be complex, but there are known ways of improving their success. 

“We urge our new government to prioritise protecting modern slavery victims and prosecuting the villains. 

“Minsters should introduce legislation focused on prevention, including wider use of Slavery and Trafficking Risk Orders and Slavery and Trafficking Prevention Orders, stronger workers' rights which reduce opportunities for extreme exploitation, and by ensuring that immigration legislation does not punish victims. 

“The promised Fair Pay Agreement in the care sector offers a great opportunity to get to grips with low pay, little worker voice and insecure employment, which are the conditions in which modern slavery thrives. 

“When the Modern Slavery Act was passed in 2015, the UK was said to be world-leading but that is no longer the case. The UK is falling behind other countries and victims are paying the price. This is not acceptable in a decent society. We look forward to receiving the Government's response to our report and challenge that the UK must become a world leader in the battle against modern slavery once again.”