Target people smugglers not modern slavery victims, says Law Society

The Law Society is urging peers to make changes to the Border Security, Asylum and Immigration Bill so the legislation focuses on punishing people smugglers, not modern slavery victims.

Committee stage of the Border Security, Asylum and Immigration Bill starts in the House of Lords tomorrow (26 June).

“Identifying those who have been trafficked and subjected to modern slavery is often the first step towards investigating, exposing and ultimately bringing the perpetrators to justice,” said Law Society of England and Wales president Richard Atkinson.

“The protections afforded to victims – to temporarily stay in the UK and access support needed for their recovery – also play a key part as they ensure the person is safe and able to assist with investigations into people smugglers.

“In its current form, the Bill fails both modern slavery victims and efforts to tackle people smuggling by keeping measures from previous legislation which disqualify more people from modern slavery protections. Disqualifying people who have prior criminal convictions does not account for forced criminality, where a person has been compelled to commit crimes as part of their exploitation.

“This means victims of modern slavery – who have already been punished for a crime they were forced to commit – risk being punished again by subsequently being disqualified from protections.

“It also means that opportunities to pursue and prosecute people smugglers are routinely being missed.”

The Bill may also criminalise modern slavery victims who are forced to help the people smugglers on their way to the UK and therefore are made to “handle” relevant items, such as a rubber dinghy.

“The emphasis should be shifted to focus on prosecuting those who profit financially from immigration crimes, not victims of modern slavery who may have been forced into handling items,” said Richard Atkinson.

There is also a risk that victims of modern slavery might be held accountable simply for having been on the boat, if someone tragically dies or is harmed while making dangerous Channel crossings.

“Including a requirement of intent or recklessness would ensure the offence is targeted at the people smugglers who are at fault,” added Richard Atkinson.