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Labour Party

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Latest entry 3 Nov 2026

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Reform UK

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Scottish National Party

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10
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Green Party

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28
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Plaid Cymru

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Showing every spoken contribution, including 11,997 under 12 words. Hide short remarks

  1. ParliamentLabourAnna Turley

    Immigration and Asylum Bill (Twelfth sitting)

    I will cover that in the more in-depth response to the hon. Lady’s comments at the appropriate time.<span id="417" class="column-number" data-column-number="417"></span> As I said, the new clause would require the Government to grant leave in a way that would go beyond what is proportionate or reasonable, and that would significantly exceed what is required under our international obligations. When individuals require protection or are seeking to remain in the UK, other routes remain available, depending on the individual circumstances. Creating an automatic pathway to long-term leave and settlement through modern slavery provisions would conflate the modern slavery identification and support system with an immigration route, and thus risks blurring that distinction. That has the potential to increase opportunities for improper use of the system and would have significant implications for wider immigration objectives, which we have been clear must operate on the principles of fairness. I hope to cover some of the points that the hon. Member for Brighton Pavilion raised—if I fail to pick them up, I ask her to come back to me or I can respond in writing. She asked whether the temporary permission to stay framework meets our international obligations. Decision to grant temporary permission to stay does not automatically lead to removal from the UK. There are various routes to remain in the UK that will remain available to foreign nationals depending on their circumstances. Any applications will be considered on their individual merits in line with published policy. The hon. Lady asked whether any further statistics could be shared. Temporary permission to stay data is currently drawn from a number of different Home Office systems. Further work is under way to establish the most robust dataset. We are continuing to assess what information can be shared publicly and we will provide further data in due course where appropriate. The hon. Lady also asked whether we are disadvantaging people by removing recovery from exploitation. The measure does not prevent individuals from accessing support from the point of their positive reasonable grounds decision—or earlier, if emergency support is required to assist with recovery from their exploitation. Access to the national referral mechanism support is based on national referral mechanism status, not immigration status. All adult victims in England and Wales who need to can continue to access specialist needs-based support to assist their recovery, irrespective of their immigration status or a refusal of temporary permission to stay. The hon. Lady also flagged whether the changes were compliant with international law. The Government’s view is that the change to the temporary permission to stay policy absolutely does not impede our compliance with our international compliance. Temporary permission to stay, in its current forms, goes beyond what is required under article 14 of the Council of Europe convention on action against trafficking in human beings. The changes will provide stronger clarity on the UK’s obligations while still complying with article 14. Article 4 of the European convention on human rights imposes a positive obligation on member states to identify and protect victims of trafficking, which is met in part through the operation of the national referral mechanism. That obligation does not go so far as to require member states to grant leave. In any event, support is not dependent on temporary permission to stay leave being granted, so that even when an individual <span id="418" class="column-number" data-column-number="418"></span>is not granted temporary permission to stay leave, they can still access modern slavery support while they remain in the UK. Further, an individual’s immigration status and assessment of risk on return are considered if an individual makes a protection claim. That includes an assessment of whether the individual has a well-founded fear of persecution or is at real risk of serious harm. Any claim will be considered on its individual merits, in line with published policy and country information. The hon. Lady also asked about skilled workers. As of 8 October 2026, skilled workers who receive a positive conclusive grounds decision, where that decision was made during their most recent permission, may have their visa amended for the remaining period of extant leave. Individuals will not need to be sponsored and can work in any occupation. The change supports skilled workers to leave exploitative employers and move to new, safe employment. In the immigration White Paper, the Government committed to explore introducing further reforms to our sponsorship system by putting more responsibility and accountability on effective and responsible sponsors. That will include exploring whether the Government can make it easier for workers to move between licensed sponsors for the duration of their visa, giving them more control over who they work for and reducing the risk of exploitation. The hon. Member for Stockton West asked what the changes will mean for compensation and people’s co-operation with the process. Under the changes to temporary permission to stay, victims can continue to engage with law enforcement agencies in supporting criminal investigations and pursue compensation in relation to their exploitation. By focusing temporary permission to stay on those specific purposes, the Government can ensure that it remains available in supporting victims’ engagement with the criminal justice system and accessing compensation. More broadly, the Government are strengthening the tools available to law enforcement and courts to disrupt criminal activity, prevent modern slavery and protect those at risk. On victim engagement with the criminal justice system, I should say that the modern slavery victim care contract provides adult victims in the national referral mechanism with a dedicated support worker to assist them to access legal aid and legal representation. That support will be further strengthened when the modern slavery victim care contract is replaced by the new support for victims of modern slavery service. The new contract introduces specialist support workers to help victims to engage better with the criminal justice system. That will include, but is not limited to, providing tailored guidance and advocacy to help victims understand complex legal processes, and helping to remove barriers to accessing and receiving the assistance they need at every point in the criminal justice process.

    Hansard source
  2. ParliamentLabourAnna Turley

    Immigration and Asylum Bill (Twelfth sitting)

    I turn to our commitments to ensure that all exploited and trafficked children can access the support they need for their recovery. Clause 40 seeks to amend sections 48 and 58 of the Modern Slavery Act 2015 to rename independent child trafficking advocates as independent child trafficking guardians, following the recommendation of the independent review of the Modern Slavery Act and the subsequent renaming of the role in June 2019. The Government consider that “guardian” better reflects the role and is more easily understood and used by children and the professionals supporting them. The clause makes a change in terminology and does not alter the functions or powers of independent child trafficking advocates. As I have said, this Government are committed to supporting vulnerable children. Clause 41 makes clear our ongoing commitment to providing specialist modern slavery support for children through independent child trafficking guardians across England and Wales. The clause ensures that all children in England and Wales who are potential victims of this horrendous crime will have a statutory right to access that support. It reflects the lessons learned from the existing pilot and stakeholder engagement, and gives independent child trafficking guardians flexibility to respond to each child’s needs. It clarifies that they can provide representation, support, or both—either directly to the child or indirectly by supporting other professionals who provide services or make decisions about the child. Although independent child trafficking guardians already engage in practice from the point of referral, references to “reasonable grounds” in section 48 of the Modern <span id="420" class="column-number" data-column-number="420"></span>Slavery Act risk creating confusion with national referral mechanism decision-making thresholds, which in turn risks an inconsistent approach to supporting vulnerable children. The clause clarifies that support should be provided at the earliest opportunity, and implements recommendations made by the independent review of the Modern Slavery Act. Importantly, it also clarifies the need for collaboration by requiring public bodies to have due regard to independent child trafficking guardians’ expertise, to share relevant information and to involve independent child trafficking guardians in discussions and decisions relating to the child. That will help independent child trafficking guardians work effectively with the authorities responsible for the child’s care, providing specialist expertise to help make sure that children access the support required to recover from this awful abuse. Further detail will be outlined in the regulations and statutory guidance, which will be published alongside the national roll-out of the service. The clause ensures that there is clear and consistent support for exploited children; I commend it to the Committee. Clause 42 removes a fulfilled requirement in section 48 of the Modern Slavery Act 2015 for the Secretary of State to lay before Parliament a report setting out proposed steps in relation to the arrangements for independent child trafficking guardians within nine months of the Modern Slavery Act’s being passed. The then Government fulfilled that obligation in 2015 when they laid before Parliament a report setting out their proposed approach to implementing the service. Since then, the independent child trafficking guardian service has been developed, tested and refined through the pilot service, independent evaluations, feedback from children and young people, and the recommendations from the independent review of the Modern Slavery Act 2015. The requirement to report again on the proposed approach is therefore no longer necessary as the service model is now established and its operation is well understood. The clause also removes the specific commencement provisions relating to the independent child trafficking guardian measures in section 61 of the Modern Slavery Act 2015. The relevant provisions in section 48 of the Modern Slavery Act will instead be subject to the general commencement arrangements in the Act. The clause does not itself alter the functions or powers of independent child trafficking guardians. I commend clauses 40 to 42 to the Committee.

    Hansard source
  3. ParliamentLabourAnna Turley

    Immigration and Asylum Bill (Twelfth sitting)

    I thank the hon. Gentleman for his questions; I will seek to respond to them in my reply. This group of clauses makes clear the Government’s commitment to providing specialist modern slavery support for children through the independent child trafficking guardians across England and Wales. Clause 40 amends the Modern Slavery Act 2015 to rename independent child trafficking advocates as independent child trafficking guardians, as recommended by the independent review of the Modern Slavery Act, and their service’s renaming in 2019. Clause 41 ensures that all children in England and Wales have a statutory right to access support. It reflects lessons learned from existing pilot and stakeholder engagement. It clarifies that support should be provided at the earliest opportunity, and the need for collaboration between independent child trafficking guardians and public bodies.<span id="422" class="column-number" data-column-number="422"></span> Clause 42 removes a requirement in the 2015 Act for the Secretary of State to lay before Parliament a report setting out proposed steps in relation to the arrangements for independent child trafficking guardians within nine months of the Act being passed. The Government at the time fulfilled the obligation and now consider it unnecessary. It removes the commencement provisions relating to independent child trafficking guardian measures in section 61 of the Modern Slavery Act. Instead, they will be subject to general commencement arrangements in the Act. The hon. Member for Stockton West asked about the UK-wide application of the child trafficking guardianship service. In England and Wales, we recently announced a £25 million investment in the national independent child trafficking guardianship service, which—combined with the provisions in the Bill to place the guardian support on a statutory footing—will end the postcode lottery and ensure that exploited and trafficked children will have access to the support that they need. The hon. Gentleman asked about the model and how we decided on the more indirect model. The independent child trafficking guardian support model remains largely unchanged from the 2024 operational model. This flexible, needs-based approach was found better to meet the needs of vulnerable children by the independent evaluation of the independent child trafficking guardian service, published in 2024. It is supported by best practice and the Home Office response to the modern slavery review. Every child is entitled to indirect support where independent child trafficking guardians promote effective, multi-agency working to ensure that the child’s needs are met by the most appropriate professional, and provide specialist modern slavery and exploitation expertise to support professionals who may already have established relationships with children. Direct one-to-one support is generally provided to children with no figure of parental responsibility in the UK. However, the service also has the flexibility to provide direct support in other cases where that is appropriate to meet a child’s needs. As the independent child trafficking guardian service is rolled out nationally, the Government will continue to monitor and evaluate its impact to ensure that it remains effective in supporting child victims of modern slavery. The hon. Gentleman asked about safeguarding partners. If they already have legal duties, why are independent child trafficking guardians needed, and how will different organisations work together not to duplicate the contact with the child and the help for that child to navigate the system? Independent child trafficking guardians provide specialist modern slavery expertise and independent advocacy, complementing rather than duplicating the statutory safeguarding role of other agencies. The legislation strengthens collaboration by requiring public bodies to have due regard to independent child trafficking guardians’ views and recommendations, to provide access to the relevant information and to involve independent child trafficking guardians in discussions and decisions relating to the child. That means that public authorities must properly consider and take account of independent child trafficking guardians’ views when exercising their functions, but retain responsibility for making decisions and discharging their statutory duties. Details of how that will be achieved will be outlined in the independent child trafficking guardians statutory guidance, which will be published <span id="423" class="column-number" data-column-number="423"></span>alongside national roll-out of the guardians service. The legislation does not require public authorities to follow any particular recommendation made by an independent child trafficking guardian. Rather, public authorities must have due regard to the independent child trafficking guardian’s views and recommendations before reaching their own decisions. That requirement will be further supplemented by guidance. For public bodies not paying due regard to independent child trafficking guardians, concerns may be expressed through existing safeguarding and accountability processes. Public bodies remain accountable for ensuring that the decisions are lawful, properly reasoned and consistent with their statutory duties. The hon. Member for Stockton West asked further about indirect and direct support, and the more appropriate form of it. It will be for Barnardo’s—the service provider—to determine what support a child needs. Clear guidance will be provided by the Home Office. The service also has the flexibility to determine where direct support is appropriate to meet a child’s needs, for instance where there is no figure of parental responsibility for the child in the UK. We believe it is appropriate this decision making sit with the service provider that is best able to make this decision. This flexible, needs-based approach was found to better meet the needs of vulnerable children by the independent evaluation of the independent child trafficking guardian service, published in 2024.

    Hansard source
  4. ParliamentLabourAnna Turley

    Immigration and Asylum Bill (Twelfth sitting)

    I thank the hon. Member for Brighton Pavilion for tabling amendments 70 to 73, which propose several changes to clause 43 on support and assistance provided to adult and child potential victims of modern slavery. I will start by reiterating the purpose of clause 43 and then turn to the amendments. Currently, where a potential victim has had suitable statutory support put in place to meet a modern slavery need, and that support is removed due to their conduct, the Secretary of State is required to provide that person with the equivalent support again. That results in the duplication of support provided across Government and the associated excessive costs to the taxpayer. Clause 43 will ensure that the Secretary of State is not required to provide equivalent support again in those circumstances. For example, if a potential victim has their asylum accommodation withdrawn because they did not follow asylum support conditions, they will no longer be able to access equivalent modern slavery accommodation in its place. That will safeguard the integrity of the modern slavery system, ensuring support is not provided unconditionally and indefinitely. We recognise, however, the specific vulnerabilities and impact that trauma may have on an individual’s conduct. To safeguard vulnerable victims, support will not be withheld if there is a good reason, related to their modern slavery experience, for the conduct that led to that element of support being removed. I wish to be clear that the Government remain committed to supporting vulnerable people. We have invested £25 million in the national independent child trafficking guardianship service and are in the process of procuring the new adult victim support contract to assist victims to achieve long-term stability and to live independently, and to reduce their risk of re-exploitation. Together, those investments form part of our wider programme of modern slavery reform, designed to safeguard the integrity of the system and ensure that resources are targeted at those who need them. Clause 43 also makes technical amendments to section 50A of the Modern Slavery Act 2015. They will not change the support provided to adult or child victims; rather, the clause ensures that current support arrangements for adult and child victims are correctly reflected in statute. In line with existing practice, the amendments remove children from the provision to <span id="428" class="column-number" data-column-number="428"></span>reflect that local authorities safeguard and promote the welfare of all children within their area, and the independent child trafficking guardian service provides further specialist modern slavery support. The amendments also make it clear that an authorised support provider can assess the support needs of adult victims of modern slavery. Turning to amendments 70 to 73, the Government understand that their intention is to safeguard vulnerable potential victims. The Government share that commitment and are equally committed to ensuring that all victims of modern slavery, including child victims, can access the necessary support and assistance they require. The Government do not, however, consider the amendments necessary. In fact, they directly contradict the intention of clause 43 in two ways. First, amendment 70 seeks to remove the Secretary of State’s power to override an authorised person’s assessment that support is necessary to assist a potential victim in their recovery. That would mean that the Secretary of State would be unable to intervene where appropriate to ensure that the outcome of a support assessment aligned with the relevant statutory guidance. That is a necessary power, ensuring fairness in the provision of support to adult victims across England and Wales. The power provides an important safeguard to ensure that Government-issued guidance on the assessment of necessary support is appropriately adhered to. The need to intervene may arise in particularly complex cases and where other state support services have jurisdiction. For example, where an authorised support provider has determined that financial support is necessary but has not accounted for income the victim receives from another statutory service, the Secretary of State must be able to intervene to ensure that financial support is not provided where it is not necessary, in line with guidance. As an another example, where an authorised support provider has determined that ongoing support should be provided to a victim despite their lack of engagement, but it has not given due attention to the non-engagement policy and the other statutory support available to a victim, the Secretary of State must be able to intervene to withdraw that support in line with statutory guidance on non-engagement to ensure consistency and fairness in the application of the policy across victims in England and Wales. I want to be clear, however, that the Home Office has a robust contract management regime in place to ensure that our supplier will deliver a high-quality service to victims in line with its contractual obligations underpinned by statutory guidance. The supplier has consistently met and exceeded delivery expectations, and the Home Office has a strong relationship with it.

    Hansard source
  5. ParliamentLabourAnna Turley

    Immigration and Asylum Bill (Twelfth sitting)

    I appreciate the hon. Lady referencing that. Of course, we will always consider any issues and desires for clarification that are raised in this Committee through the development of the regulations. Her concerns have been noted, but I am reassured that we are compliant with the ECAT and ECHR obligations.<span id="431" class="column-number" data-column-number="431"></span> The hon. Lady made a couple of other points about a potential increase in homelessness and destitution. The Home Office remains committed to meeting legal obligations, ensuring that policies do not leave people destitute or at risk of re-trafficking. However, individuals should not be able to use modern slavery to circumvent the conditions for other statutory support services. To ensure a coherent approach across Government to supporting victims, adult modern slavery support will be withheld in particular circumstances in order to align with decisions made by wider statutory services to withdraw support from someone who has failed to follow reasonable conditions. To safeguard vulnerable victims, support will not be withheld if a victim has a good reason related to their modern slavery experience to explain why they were unable to meet reasonable conditions. As only the particular element of modern slavery support that was removed by another service will be withheld, where necessary, support worker assistance will remain available to advise and signpost to other avenues of accommodation or financial support. The hon. Lady also asked about the Home Office’s oversight and monitoring of local authorities to ensure that children do not fall through gaps in provision. I think I have covered most of that, but the children’s social care national framework is statutory guidance for local authorities that sets the national direction for practice. It provides clarity on the outcomes that children’s social care should achieve for children, young people and families. “Working Together to Safeguard Children 2026” is the multi-agency statutory guidance. It provides detailed information on the duties and responsibilities of all agencies to safeguard children. Both pieces of statutory guidance—the national framework and “Working Together”—should be read alongside each other. Ofsted independently inspects local authority children’s services through its inspecting local authority children’s services framework. Those inspections consider the experiences and progress of children and families, the quality of practice and leadership, and whether services are meeting their statutory duties. Local authorities are assessed using performance data, reform, delivery and wider regional intelligence to determine the appropriate level of support and intervention. As I have outlined, the amendments are unnecessary, as the Government are confident that support provisions for adult and child potential victims are compliant with our international obligations. Adult support needs assessments already consider the individual support needs and circumstances of victims, and local authorities already have a duty to safeguard and promote the welfare of all children within their areas. For the reasons outlined, I respectfully request that the amendments not be pressed. Government amendments 120 to 123 will make minor changes to proposed new subsection 50A(5ZA) of the Modern Slavery Act 2015, inserted by clause 43, to clarify how the provision will work in practice. First, amendments 120 to 122 put beyond doubt that proposed new subsection 50A(5ZA) is a targeted provision such that where a particular form of support is to be withheld, such as accommodation, the duty to provide other forms of support, such as financial support, will continue. That will prevent the duplication of support provided across Government and the associated excessive costs <span id="432" class="column-number" data-column-number="432"></span>to taxpayers by ensuring that specific forms of support are not provided unconditionally and indefinitely. However, we recognise the specific vulnerabilities and impact that trauma may have on an individual’s conduct, which is why the amendments will make the safeguards for vulnerable potential victims clearer. As a result of amendment 123, when decision makers are deciding whether an element of support should be withheld, they will consider whether the conduct that resulted in other statutory support being removed is attributable rather than “properly” attributable to their modern slavery experience. That is to avoid decision makers having to make unduly complex assessments, which could have an adverse impact on vulnerable potential victims. I commend Government amendments 120 to 123 and clause 43 to the Committee.

    Hansard source
  6. ParliamentLabourAnna Turley

    Immigration and Asylum Bill (Twelfth sitting)

    I think I have answered most of the hon. Gentleman’s questions, and if not, I will clarify in writing.

    Hansard source
  7. ParliamentLabourAnna Turley

    Immigration and Asylum Bill (Twelfth sitting)

    I shall now speak to clauses 44 to 49. While we take seriously the need to investigate modern slavery within the UK and provide support to victims, we must also remain cognisant of the global reach of <span id="434" class="column-number" data-column-number="434"></span>UK business and supply chains. Globally, it is estimated that 27.6 million people are trapped in forced labour, with around two thirds of those cases linked to global supply chains. Section 54 of the Modern Slavery Act established the UK as the first country in the world to require businesses to report on how they are tackling modern slavery in their operations and supply chains. While the transparency in supply chains regime was widely welcomed by businesses and non-governmental organisations when it was first introduced, it has since faced criticism that it is merely a tick-box exercise that lacks any teeth in respect to enforcement. Compliance with section 54 is difficult to quantify, but analysis from the Business and Human Rights Resource Centre in 2021 suggested that around only 60% of companies have met basic reporting requirements. This month, the Rathbones “Votes Against Slavery” report identified 194 instances of non-compliance across 160 FTSE 350 companies over the last six years. Measures in the Bill will address that by raising expectations on businesses and public sector organisations to improve their reporting and act on exploitation in their supply chains, with stronger consequences for non-compliance. We are bringing in a more consistent approach to how organisations report, and by penalising those that do not comply, we can better highlight those that are taking positive action to ensure their supply chains are free from modern slavery. Those that fall short will be clearly exposed, encouraging a race to the top. Clause 44 strengthens transparency by requiring organisations to cover mandatory content in their annual modern slavery statement, as set out in proposed new schedule 4ZA. It replaces the existing discretionary reporting areas in section 54 of the Modern Slavery Act with mandatory areas in proposed new schedule 4ZA, set out in schedule 5 of the Bill. We expect businesses and the public sector to report meaningfully on the actions they are taking. In making this change, reports will become more standardised, comprehensive and open to greater public scrutiny. Clause 44 also enables the Secretary of State to amend those requirements through regulations following consultation with persons the Secretary of State considers appropriate. Schedule 5 sets out the information that must be provided in a slavery and human trafficking statement. Statements must include information on the organisation’s structure, operations and supply chains; risks in their operations and supply chains, and steps taken to manage those risks; policies in relation to slavery and human trafficking; relevant due diligence processes; training for staff; and an assessment of the effectiveness of action taken. If an organisation does not have any relevant information to provide under any of these topics, they must provide a reason. This provides a clear and consistent framework for businesses and public authorities to report on action they have taken to assess and address risks of modern slavery in their operations and supply chains. By standardising reporting in line with the Government’s comprehensive guidance, consumers and investors will have greater access to relevant information to support making informed choices on where to spend their money. The Modern Slavery Act is ambiguous in its expectations on organisational accountability for the content of modern slavery statements and how group structures may meet their reporting requirements. The Government want to <span id="435" class="column-number" data-column-number="435"></span>ensure that senior parties are held to account for the contents of their organisations’ statements, and to certify that they are current. Clause 45 mandates that signatories state that the contents of their reports are accurate to the best of their knowledge and belief, and that they sign after the end of the financial year to which it relates. We also want to continue to allow the private sector to report in groups, where appropriate, as a means of balancing transparency with the burdens on business. Clause 45 sets out that parent companies may produce statements on behalf of their subsidiaries. It therefore clarifies responsibility for modern slavery statements by ensuring that accountability rests with a clearly identifiable senior individual. That will strengthen governance and oversight, promote greater board-level engagement and reinforce the expectation that signatories take responsibility both for the accuracy of the statement and for the organisation’s approach to managing modern slavery risks. I commend the clauses to the Committee.

    Hansard source
  8. ParliamentLabourAnna Turley

    Immigration and Asylum Bill (Twelfth sitting)

    I thank the hon. Gentleman for his questions on these important measures, which we are very proud to bring in. As discussed, clause 44 strengthens the transparency of modern slavery statements by requiring organisations to cover the mandatory topics set out in schedule 4ZA. That will allow statements to be more standardised and comprehensive, and open to greater public scrutiny. Schedule 5 provides a clear and consistent framework for businesses and public authorities to report on the action they have taken to assess and address risks of modern slavery in their operations and supply chains. Clause 45 improves accountability for reporting by holding senior parties to account, while also allowing private sector group structures to balance transparency on those important issues with the burdens of running a business. The hon. Gentleman asked what the mandatory content requirements would be. As I said, they are set out in schedule 5. Statements will need to contain information on the organisation’s structure, operations and supply chains; the modern slavery risks within them; the steps taken to address those risks; modern slavery policies; due diligence processes; relevant staff training; and the assessment of the organisation’s effectiveness in preventing modern slavery in its operations and supply chains. If a statement does not contain relevant information under any of those topics, the organisation must state that the information has not been included for that topic and give a reason why. The mandatory content requirements align with updated statutory guidance published in March 2025. The guidance was updated with input from stakeholders from Government, business, civil society and academia to ensure that it reflects best practice and international standards.<span id="437" class="column-number" data-column-number="437"></span> The hon. Gentleman asked why these topics in particular have been selected. They build on the voluntary topics set out in the original legislation, informed by the updated statutory guidance, which, as I have just outlined, was developed in consultation with stakeholders. The guidance sets out how an organisation may produce a modern slavery statement in line with best practice and international standards, which include the UN guiding principles on business and human rights and the OECD due diligence guidance for responsible business conduct. The mandatory topics also align with legislation in Australia and Canada. Organisations in scope of reporting requirements across the three jurisdictions may use the joint-reporting template published in July 2025 to create one statement that would be compliant in all three countries. The hon. Gentleman asked about enforcement, about organisations that have said they would take no action or have identified no risk, and about what teeth are behind the measures. The new measures require businesses to provide a reason if they have not taken any steps to assess modern slavery risks. If they have assessed that there are no risks, they must set out their risk assessment approach. The purpose of the regime is not to penalise organisations for identifying risks or for being at an earlier stage in managing them, but to ensure greater transparency about the action they are taking and the basis for their decisions. By bringing a more consistent approach to how businesses report, we can better shine a light on those that take positive action to ensure that their supply chains are free from modern slavery, and highlight those that fall short, encouraging a race to the top. Stronger transparency enables consumers and investors to make informed choices and hold businesses and private sector organisations to account, encouraging more proactive efforts to manage modern slavery in supply chains. Of course, we will consider some of the other reporting and monitoring measures, and the punishment measures, as part of the coming groups. On businesses wanting further clarity on reporting requirements, we consulted widely, as I have said, with businesses, non-governmental organisations and civil society during the recent update to the guidance on transparency in supply chains, which was published in March 2025. Businesses themselves asked for greater clarity on how parent companies and their subsidiaries can report as a group. The updated guidance now includes details on the best-practice approach to reporting as a group when, for example, companies share the same procurement or operate in similar markets. To enable that practice to continue, we have included measures in the Bill to make it clear that companies may report as a group and thereby continue to report in the most efficient way for their business. As I said, schedule 5 improves the accountability for reporting, holding senior parties to account, while allowing private sector group structures to balance transparency on such important issues against the burdens of running a business. I hope hon. Members share our view that making the requirements mandatory will help individuals, consumers and all those of us who are concerned about the impact of modern slavery in supply chains across the globe to hold companies to account further.<span id="438" class="column-number" data-column-number="438"></span>

    Hansard source
  9. ParliamentLabourAnna Turley

    Immigration and Asylum Bill (Twelfth sitting)

    The hon. Lady makes an important point. We are proud of the provisions, and a review is being undertaken by the Department for Business, Innovation, Science and Trade to consider how to develop them further. I hope that the Home Office example is setting out best practice for other Departments to ensure that, in a world of global business, we are able to hold corporations to account in our legislative and democratic framework. I appreciate her point. <em>Question put and agreed </em><em>to</em><em>.</em> <em>Clause 44 accordingly ordered to stand part of the </em><em>Bill</em>. <em>Schedule 5 agreed </em><em>to</em>. <em>Clause 45 ordered to stand part of the Bill</em>. Clause 46 Application to public authorities <em>Question proposed,</em> That the clause stand part of the Bill.

    Hansard source
  10. ParliamentLabourAnna Turley

    Immigration and Asylum Bill (Twelfth sitting)

    As just discussed, section 54 of the Modern Slavery Act requires large businesses to report on the steps that they take to prevent modern slavery within their operations and supply chains. However, equivalent requirements do not apply to the public sector. Given that the Government spend approximately £295 billion annually on procurement, there is a clear risk that public sector supply chains may also be exposed to modern slavery. The clause addresses that gap by extending transparency requirements to public authorities and strengthening accountability for modern slavery risks in public procurement. Public authorities will be required to publish annual modern slavery statements covering the mandatory topics set out in schedule 4ZA, and to upload those statements to the modern slavery statement registry within six months of the end of the relevant financial year. The clause also sets out who may sign a statement, requires signatories to confirm its accuracy to the best of their knowledge and belief, and provides for group reporting where appropriate. By bringing the public sector into line with the private sector, the clause will improve transparency, strengthen accountability and help ensure that public money is not contributing to modern slavery. It is important to note that this is a groundbreaking and important aspect of the Bill. As I have set out, we spend a huge amount on public procurement contracts, and I am sure that the vast majority of people would hope and expect that taxpayers’ money spent by the Government, local <span id="439" class="column-number" data-column-number="439"></span>authorities and our broader public sector does not have any damaging effect on modern slavery around the world. Placing this responsibility on public bodies, as we do for private bodies, is not just a really important statement about levelling up; it is an important statement that every penny of taxpayers’ money should be spent in an ethical way and must not support modern slavery in any of our supply chains. It is an important provision, and we should be proud to have included it in the Bill.

    Hansard source
  11. ParliamentLabourAnna Turley

    Immigration and Asylum Bill (Twelfth sitting)

    I appreciate the hon. Gentleman’s contribution. Abhorrent practices such as modern slavery have no place in public supply chains. We have taken action, through the Procurement Act 2023, to strengthen the rules around excluding suppliers because of serious misconduct anywhere in their operations, including certain key subcontractors. In February 2025, the Government updated procurement policy note 009, “Tackling modern slavery in government supply chains”, advocating a risk-based approach to identifying and managing modern slavery risks, and encouraging Departments to conduct due diligence using a range of tools, such as the modern slavery assessment tool. The modern slavery assessment tool is a risk identification management tool that has been designed to help public sector organisations to work in partnership with suppliers to improve protections and reduce the risk of exploitation of workers in their supply chains. The Government also made the anti-slavery risk tiering tool available to public sector buyers in October 2025. That tool enables faster risk assessments and clear next steps to mitigate modern slavery risks across the commercial lifecycle. The hon. Gentleman asked which organisations will be required to start reporting. Based on the evidence in our impact assessment, we estimate that around 1,040 organisations will be required to report, and that, because of the ability to report in groups, which we have explicitly allowed for, that will likely result in approximately 380 statements. The hon. Gentleman also asked about devolved Government consent. We are having conversations as part of this process. He asked about timings and when public sector organisations will start to publish their statements. Through the Bill, the Government are extending the duty to report on actions being taken to address modern slavery in supply chains, as introduced in section 4 of the Modern Slavery Act. We expect the measures to take effect for an organisation’s financial year beginning on or after commencement. While commencement timelines are still to be finalised, we do not expect the first compliance statements will be required any earlier than the end of 2028. I think I have answered all the shadow Minister’s questions. I thank Members for their interest in the clause, which is about extending transparency requirements relating to modern slavery to public authorities. Our intention is to align the public sector procurement process with the private sector, and to ensure that no public money is contributing to modern slavery.

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  12. ParliamentLabourAnna Turley

    Immigration and Asylum Bill (Twelfth sitting)

    It is difficult to make a direct comparison. Organisations will be expected, to some extent, to lead this themselves. For example, NHS England will make a decision on whether it is accountable as a body as a <span id="441" class="column-number" data-column-number="441"></span>whole, or whether it provides multiple responses from regional bodies. Those organisations will come forward to us with their recommendations on how they would like to report, which will give us a sense of the scale. I do not think this is directly comparable to the private sector in a like-for-like way. I commend the clause to the Committee. <em>Question put and agreed to.</em> <em>Clause 46 accordingly ordered to stand part of the Bill</em>. Clause 47 Statements: publication and submission <em>Question proposed,</em> That the clause stand part of the Bill.

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  13. ParliamentLabourAnna Turley

    Immigration and Asylum Bill (Twelfth sitting)

    Under the Modern Slavery Act 2015, organisations are required to publish modern slavery statements on a prominent place on their website. If they do not have a website, they must make their statement available on request. That makes it difficult to access modern slavery statements, assess levels of compliance and hold organisations to account, as there is no central means of reporting. Clause 47 seeks to address that gap by creating a clear requirement for organisations to submit their modern slavery statements to a specified electronic platform, such as the modern slavery statement registry that exists for voluntary submissions. The clause requires statements to be submitted within six months of the end of the relevant financial year, ensuring that reporting is timely, accessible and easily monitored. By centralising statements in a single location, the Government will be more able to identify organisations that are complying with their statutory obligations and take action on those that are failing to do so. That will strengthen oversight, improve transparency and support more effective enforcement of the reporting regime. It will also make information on modern slavery risks and actions more readily available to consumers, investors, civil society and other stakeholders, enabling greater scrutiny of organisational practices and more informed decision making. The clause transforms a reporting requirement into a more effective accountability mechanism. By ensuring that statements are submitted to a central registry within a defined timeframe, it will improve monitoring of compliance, strengthen enforcement and increase transparency across both public and private sector supply chains.

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  14. ParliamentLabourAnna Turley

    Immigration and Asylum Bill (Twelfth sitting)

    I thank the hon. Gentleman. To reassure him, we will be building on the modern slavery statement registry. More than 34,000 organisations are already registered there. Therefore, familiarisation costs to those organisations are likely to be minimal, as they already use that platform. For organisations that have not used the registry before, we expect the costs of familiarisation, which includes the time taken for personnel for register and learn how to use it, to be very low. The impact assessment estimates the first-year cost to businesses is approximately £0.4 million, and the ongoing costs are estimated to be approximately £0.2 million per year. The hon. Gentleman asked about timetable and whether there should be a single reporting deadline. It is important that we recognise that businesses may have different financial reporting periods based on how their financial year operates, as most businesses’ reporting will align with their financial year timescales. We want to ensure that businesses can align their modern slavery reporting with their ongoing reporting operations and obligations to minimise the burdens. I want to clarify the broader impact of the measures. It is important to reiterate that this requirement is not new; businesses in scope should already be producing their modern slavery statements in line with section 54 <span id="443" class="column-number" data-column-number="443"></span>of the Modern Slavery Act. The measures in the Bill will require some changes to the content and process for completing and submitting a statement, but those will be minimal. A full impact assessment and breakdown of costs, as I have said, has already been published. On registry notifications and how to identify the organisations covered, we are working with the Department for Business to build the in-scope list, so I can keep the hon. Gentleman and the Committee updated on that. The hon. Gentleman also asked about the enforcement. Multiple models could be used to deliver that, including conferring functions on an existing regulator or within the Home Office. We are doing the work to ensure that the most appropriate model for enforcement and for administering these financial penalties will be in place. We will consult on the draft regulations during the passage of the Bill. I thank Members for this important debate. The clause strengthens reporting requirements, improves transparency and makes it easier to identify and take action against modern slavery risks. I commend it to the Committee. <em>Question put and agreed to.</em> <em>Clause 47 accordingly ordered to stand part of the Bill.</em> Clause 48 Guidance <em>Question proposed,</em> That the clause stand part of the Bill.

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  15. ParliamentLabourAnna Turley

    Immigration and Asylum Bill (Twelfth sitting)

    Given the changes to reporting requirements in the Bill, clause 48 seeks to ensure that the provision for the Secretary of State to issue guidance aligns with these updates. The clause sets out that the Secretary of State can issue guidance for both the private and public sectors on how to write a modern slavery statement and provide examples of good practice in tackling modern slavery in supply chains and examples of information that may be included in addition to the mandatory information. That will ensure that there is adequate information to support organisations in producing modern slavery statements that cover all of the mandatory content requirements set out in schedule 5. In summary, clause 48 will help promote consistency, transparency and good practice in reporting across both the public and private sectors, strengthening the overall effectiveness of the modern slavery transparency regime. I commend clause 48 to the Committee.

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  16. ParliamentLabourAnna Turley

    Immigration and Asylum Bill (Twelfth sitting)

    Simply put, clause 48 gives the Secretary of State the power to provide practical guidance on how modern slavery statements should be prepared in line with the new requirements in the Bill, including, as the shadow Minister suggested, good practice in identifying and tackling modern slavery risks within operations and supply chains. The shadow Minister asked when the updated guidance will be issued; I am pleased to reassure him that the Secretary of State will issue the new guidance in time for commencement. He also wanted further clarity on the reporting requirements. During the recent update to the transparency and supply chain guidance, published in March 2025, we consulted widely with businesses, NGOs and civil society. This has been well received. It aligns with the international standards that I set out earlier, such as the OECD due diligence guidelines. The purpose of clause 48 is to support compliance and improve the overall quality of reporting. I commend it to the Committee. <em>Question put and agreed to.</em> <em>Clause 48 accordingly ordered to stand part of the Bill.</em> Clause 49 Enforcement <em>Question put, </em>That the clause stand part of the Bill.

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  17. ParliamentLabourAnna Turley

    Immigration and Asylum Bill (Twelfth sitting)

    Compliance with reporting requirements remains inconsistent and there are limited consequences for organisations that fail to meet their obligations. Clause 49 introduces a civil enforcement framework, including financial penalties, for organisations that fail to comply with their statutory reporting obligations under section 54 of the Modern Slavery Act 2015.<span id="445" class="column-number" data-column-number="445"></span> The clause provides the Secretary of State with powers to impose penalties of up to £1 million or 1% of annual turnover—or of the budget, for public authorities—to make sure that there are real consequences for those who do not take the duty seriously. It also provides a power, by regulation, for the Secretary of State to set out procedural safeguards, including warning notices, opportunities to make representations, rights of appeal and provisions relating to determination of the penalty amount, cost recovery, interest on late payment, and enforcement of unpaid penalties. That will ensure that enforcement is fair, proportionate and effective. The changes are central to strengthening the transparency in supply chains regime, ensuring that there are meaningful consequences for non-compliance and addressing long-standing concerns that the current framework lacks teeth. I commend clause 49 to the Committee.

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  18. ParliamentLabourAnna Turley

    Immigration and Asylum Bill (Twelfth sitting)

    I thank hon. Members for their contributions and questions on these important clauses. The shadow Minister and the hon. Member for Brighton Pavilion asked who will be determining and enforcing the financial penalties. The Secretary of State may determine who will impose financial penalties on non-compliant organisations, and a number of models can be used to deliver that. That work is ongoing, but it could potentially be done through an existing regulator or within the Home Office itself. I appreciate that that will be an important part of the regulations we are drafting, and they will be shared during the Bill’s passage. We continue to engage with partners to ensure that we develop the most appropriate model for enforcement, so that we can administer financial penalties without placing an additional burden on the taxpayer by creating a new institution. The shadow Minister asked about the High Court injunction power. Under the current framework, if an organisation fails to publish a statement, the Home Secretary can seek an injunction to require compliance. However, that power has not been used to date, due to <span id="447" class="column-number" data-column-number="447"></span>the difficulties of monitoring compliance under the current regime, where there are no mandatory requirements or clear deadlines. Pursuing an injunction can be a burdensome and resource-intensive process, and the court could only require the injuncted organisation to comply; it cannot issue a financial penalty. The measures in the Bill provide clearer expectations on what compliance looks like, allowing for more effective monitoring of compliance. They also introduce powers to impose stronger consequences on those who do not take their duties seriously. On our expectations for the collection of these civil penalties, the purpose of the penalties is to encourage compliance with the transparency in supply chain requirements. We know from similar reporting regimes, such as gender pay gap reporting, and from Companies House, that organisations typically comply with their obligations once an investigation is opened, and before it gets to a stage where a financial penalty is issued. Therefore, the expectation is that the number of penalties issued will actually be very low. In addition, the penalty amount will vary depending on a number of factors, including organisational turnover. Given the penalty calculations and the expectation of almost full compliance, it is difficult to give an estimate of expected revenue from civil penalties. On where those penalties will go, the Bill provides that any financial penalties received by the enforcement agency must be paid into the Consolidated Fund, as is typical for such penalty regimes. The shadow Minister asked about public bodies. As I said, they will be in scope of the reporting requirements, and financial penalties will apply to organisations that are legally separate from the Crown, such as local authorities and arm’s length bodies. As a matter of constitutional principle, the Government do not impose financial penalties on themselves. We expect that the provisions will apply to modern slavery statements covering an organisation’s financial year that begins on or after commencement. While commencement timelines are still to be confirmed, we do not expect that the first compliance statements will be required any earlier than 2028. As I said, clarification on the details of the enforcement body will be provided as the Bill progresses through Parliament. I thank Members again for their contributions to this discussion. Clause 49 introduces a new civil enforcement framework that will include financial penalties for companies that fail to comply with their reporting obligations under section 54 of the Modern Slavery Act, as improved by the previous clauses. Doing so will strengthen the regime and give it real teeth when looking to tackle the problem of modern slavery in supply chains. <em>Question put and agreed to.</em> <em>Clause 49 accordingly ordered to stand part of the Bill.</em> New Clause 1 Enforcement “(1) A sum payable in pursuance of a decision of the IIAA is recoverable in England and Wales as if it were payable under an order of the county court. (2) A sum payable in pursuance of a decision of the IIAA may be enforced in Scotland in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.<span id="448" class="column-number" data-column-number="448"></span> (3) A sum payable in pursuance of a decision of the IIAA is recoverable in Northern Ireland as if it were payable under an order of the county court. (4) Where action is taken under this section for the recovery of a sum payable in pursuance of a decision of the IIAA, the decision— (a) in relation to England and Wales, is to be treated for the purposes of section 98 of the Courts Act 2003 (register of judgments and orders etc) as if it were a judgment entered in the county court; (b) in relation to Northern Ireland, is to be treated for the purposes of Article 116 of the Judgments Enforcement (Northern Ireland) Order 1981 (S.I. 1981/226 (N.I. 6)) (register of judgments) as if it were a judgment in respect of which an application has been accepted under Article 22 or 23(1) of that Order. (5) IIAA Procedure Rules may provide for any or all of subsections (1) to (4)— (a) to apply only in relation to sums of a description specified in the Rules, or (b) not to apply except in relation to sums of a description specified in the Rules.”—<em>(Anna Turley.)</em> <em>This new clause would insert a new clause, to go after clause 10, which makes provision about the enforcement of the payment of any sums required to be paid by virtue of decisions of the IIAA.</em> <em>Brought up, read the First and Second time, and added to the Bill</em> New Clause 2 Increasing the availability of IIAA advice and IIAA representation “(1) The Secretary of State may take such steps as the Secretary of State considers appropriate to increase the general availability of IIAA advice and IIAA representation. (2) The power under subsection (1) may, in particular, be used to provide financial or other assistance (subject to any conditions the Secretary of State considers appropriate)— (a) for persons undertaking education or training; (b) for persons providing education, training or accreditation; (c) for persons who provide IIAA advice or IIAA representation. (3) In this section— ‘IIAA advice’ means advice from a qualified person about an appeal or bail application that has been or may be made to the IIAA; ‘IIAA representation’ means representation by a qualified person in proceedings before the IIAA; ‘qualified person’ means a person who is qualified for the purposes of section 84 of the Immigration and Asylum Act 1999.”—<em>(Anna Turley.)</em> <em>This new clause authorises the Secretary of State to take steps to increase the general availability of advice and representation for persons who make an appeal or bail application to the IIAA. The new clause would be inserted after clause 10.</em> <em>Brought up, read the First and Second time, and added to the Bill.</em> New Clause 3 Late claims process: credibility “(1) This section applies to proceedings that are subject to the late claims process (see section 12). (2) In determining whether to believe a statement made by or on behalf of the appellant, an IIAA adjudicator must take account, as damaging the appellant’s credibility, of the fact that they provided late information.<span id="449" class="column-number" data-column-number="449"></span> (3) But if the IIAA adjudicator considers that there are good reasons why the appellant provided the information late, the adjudicator may decide that subsection (2)— (a) applies to a lesser extent than it would if there were no good reasons, or (b) does not apply at all. (4) If in the course of the proceedings the appellant provides late evidence, an IIAA adjudicator must take that fact into account, as damaging the appellant’s credibility. (5) But if the IIAA adjudicator considers that there are good reasons to do so, they may decide that subsection (4)— (a) applies to a lesser extent than it otherwise would, or (b) does not apply at all. (6) The IIAA adjudicator must include, as part of their reasons for a decision that disposes of the proceedings, a statement explaining— (a) how the adjudicator has applied subsection (2), and in particular— (i) the extent to which they decided that the appellant’s credibility was damaged by the provision of late information, (ii) the impact any credibility damage had on the determination of the appeal, and (iii) if the appellant provided reasons for the provision of late information, what those reasons were and how they affected the application of subsection (2); (b) whether the adjudicator has applied subsection (4), and in particular— (i) whether the appellant provided late evidence and if so what that evidence was, (ii) the extent to which the adjudicator decided that the appellant’s credibility was damaged by the provision of late evidence, (iii) the impact any credibility damage had on the determination of the appeal, and (iv) if the adjudicator considered that there were good reasons as mentioned in subsection (5), what those reasons were and how they affected the application of subsection (4). (7) In this section— ‘late evidence’ means evidence provided to the IIAA after any deadline imposed in relation to the evidence by or under IIAA Procedure Rules; ‘late information’ means immigration information provided by the recipient of a claim notice in response to the notice— (a) after the claim notice deadline, and (b) at a time when the recipient was detained or had been given a notice of departure details as mentioned in section 12(1)(a) or (b); ‘immigration information’ has the meaning given in section 12; ‘claim notice’ and ‘claim notice deadline’ have the meanings given in section 11.”—<em>(Anna Turley.)</em> <em>This new clause would insert a new clause, to go after clause 12, providing that, where proceedings are subject to the late claims process (see clause 12), the appellant’s credibility is damaged. And if such an appellant provides evidence late, their credibility is damaged further. It also requires IIAA adjudicators to make a statement about the application of this section.</em> <em>Brought up, read the First and Second time, and added to the Bill.</em> New Clause 4 Late information etc: proceedings before the Special Immigration Appeals Commission “In the Special Immigration Appeals Commission Act 1997, after section 2 insert—<span id="450" class="column-number" data-column-number="450"></span> <em>‘2ZA Provision of late information etc: effect on credibility</em> (1) This section applies where an appellant in proceedings before the Special Immigration Appeals Commission under section 2— (a) has been served with a claim notice, and (b) has provided any immigration information in response to the notice after the claim notice deadline— (i) at a time when they are detained under a relevant detention provision, or (ii) at any time after they have been given a notice of departure details. (2) In determining whether to believe a statement made by or on behalf of the appellant, the Commission must take account, as damaging the appellant’s credibility, of the fact that they provided late information. (3) But if the Commission considers that there are good reasons why the appellant provided the information late, the Commission may decide that subsection (2)— (a) applies to a lesser extent than it would if there were no good reasons, or (b) does not apply at all. (4) If in the course of the proceedings the appellant provides late evidence, the Commission must take that fact into account, as damaging the appellant’s credibility. (5) But if the Commission considers that there are good reasons to do so, it may decide that subsection (4)— (a) applies to a lesser extent than it otherwise would, or (b) does not apply at all. (6) The Commission must include, as part of its reasons for a decision that disposes of the proceedings, a statement explaining— (a) how the Commission has applied subsection (2), and in particular— (i) the extent to which it decided that the appellant’s credibility was damaged by the provision of late information, (ii) the impact any credibility damage had on the determination of the appeal, and (iii) if the appellant provided reasons for the provision of late information, what those reasons were and how they affected the application of subsection (2); (b) whether the Commission has applied subsection (4), and in particular— (i) whether the appellant provided late evidence and if so what that evidence was, (ii) the extent to which the Commission decided that the appellant’s credibility was damaged by the provision of late evidence, (iii) the impact any credibility damage had on the determination of the appeal, and (iv) if the Commission considered that there were good reasons as mentioned in subsection (5), what those reasons were and how they affected the application of subsection (4). (7) In this section— “claim notice” and “claim notice deadline” have the meanings given in section 11 of the Immigration and Asylum Act 2026; “immigration information,” “notice of departure details” and “relevant detention provision” have the same meanings as in section 12 of that Act; “late evidence” means evidence provided to the Commission after any deadline imposed in relation to the evidence by or under rules under section 5; “late information” means information provided by the recipient of a claim notice in response to the notice—<span id="451" class="column-number" data-column-number="451"></span> (a) after the claim notice deadline, and (b) at a time when the recipient was detained or had been given a notice of departure details as mentioned in subsection (1)(b);’”—<em>(Anna Turley.)</em> <em>This new clause would add a new clause making similar provision for proceedings before the Special Immigration Appeals Commission to that made by the new clause inserted by NC3. It would be inserted into the Bill after the new clause inserted by NC3.</em> <em>Brought up, read the First and Second time, and added to the Bill.</em> New Clause 5 Liability to deportation of certain residents despite section 7 of the Immigration Act 1971 “In section 7 of the Immigration Act 1971 (exemption from deportation for certain existing residents), after subsection (1) insert— ‘(1A) But the Secretary of State may decide that, despite subsection (1)(b), a person to whom subsection (1)(b) applies is liable to deportation (and may accordingly make a deportation order against them under section 5) if the Secretary of State— (a) has deprived the person of citizenship status under section 40(2) of the British Nationality Act 1981 (deprivation where conducive to public good), or (b) is satisfied that the person has engaged in behaviour that would render them liable to deprivation of citizenship status under section 40(2) of that Act (whether or not they have such status). (1B) A decision under subsection (1A) must be taken personally by the Secretary of State. (1C) The Secretary of State may make a decision under subsection (1A) where the person— (a) was deprived of citizenship status, or (b) engaged in behaviour that would render them liable to deprivation of citizenship status, before subsection (1A) came into force.’”—<em>(Anna Turley.)</em> <em>This new clause, to be inserted after clause 49, would enable the Secretary of State to override the exemption from deportation in s.7(1)(b) of the Immigration Act 1971 for certain Commonwealth and Irish citizens where they have behaved in a way that would render them liable to citizenship deprivation.</em> <em>Brought up, and read the First time.</em>

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  19. ParliamentLabourAnna Turley

    Immigration and Asylum Bill (Twelfth sitting)

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

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  20. ParliamentLabourAnna Turley

    Immigration and Asylum Bill (Twelfth sitting)

    New clause 5 will mean that a person’s exemption from deportation under section 7 of the Immigration Act 1971 can be disapplied where they have engaged in conduct such as terrorism, war crimes or serious organised crime. Section 7 provides protection from deportation for certain Commonwealth and Irish citizens who were ordinarily resident in the United Kingdom before 1 January 1973. It is an important safeguard for many people with long-standing ties to the UK. The recent high-profile case of Shabir Ahmed highlighted a significant anomaly in the current law. In cases where the person’s conduct is serious enough to justify the removal of their citizenship, section 7 prevents us from <span id="452" class="column-number" data-column-number="452"></span>deporting them. That cannot be right. Some of the most serious offenders, including individuals involved in terrorism, serious organised crime, sexual grooming or war crimes, should not be able to avoid deportation purely on the basis that they have been in this country since before 1973. Our new clause will end the disparity in the powers available to protect the public from the most dangerous people. Decisions to disapply the exemption will be taken personally by the Home Secretary. Safeguards put in place by the new clause ensure that the legislation will not affect the vast majority of people protected by section 7. It will be used to ensure that only those individuals whose conduct places them among the most serious threats to the public can be deported. As we saw with the case I mentioned, changing the law is only half the problem. Arranging the deportation of such individuals can take time, as successive Governments have found previously. Introducing this important new clause will ensure that we have the power to deport this individual, and that will be taken forward in the usual way. Given the danger that this individual poses, Government amendment 47 would amend the commencement clauses in the Bill to ensure that the new clause comes into effect upon Royal Assent.

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  21. ParliamentLabourAnna Turley

    Immigration and Asylum Bill (Twelfth sitting)

    I can be explicit: this change in the legislation has been inspired by one particular case. I will not apologise for that, because I am sure the hon. Lady would agree that the current situation is not acceptable. Some of the most serious offenders, including individuals involved in terrorism, serious organised crime or war crimes, cannot be deported even after we have stripped them of British citizenship, because of this loophole. It is important that we take steps to address it. I want to give the hon. Lady some reassurance, however, because people may express concerns about protection given in law to others—for example, the Windrush generation or others who came here previously. I will be absolutely clear and explicit in Committee: they will not be affected. Any broader protection for the Windrush generation is not affected by the new clause. The power will be exercised personally by the Home Secretary. The Government are clear that the wider protections offered by section 7 will remain intact. The new clause will not affect the overwhelming majority of people protected by section 7 or their rights. This measure is intended solely to ensure that specific individuals whose conduct places them among the most serious threats to the public can be deported.

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  22. ParliamentLabourAnna Turley

    Immigration and Asylum Bill (Twelfth sitting)

    The power is similar to those the Home Secretary has already, including the ability to prevent people from coming here and to ask for people to be removed. We agree that if deprivation on conducive grounds is to be used sparingly, it should be against those who pose a serious threat to the UK or whose conduct has involved very high harm. Other than where a decision is taken on the grounds that the person has conducted themselves in a manner that is seriously prejudicial to the vital interests of the UK, the conducive power is limited so that it can be applied only to those who are dual citizens. Parliament chose to enact the power on that basis to avoid the prospect of leaving people stateless, which would be contrary to the UK’s commitments under the 1961 statelessness convention. To respond further, the Home Secretary is of course <span id="454" class="column-number" data-column-number="454"></span>accountable to this place on a daily basis. On high-profile cases, I am sure she will continue to give her usual response on the Floor of the House. The hon. Member for Stockton West asked for an estimated projection. We do not have the statistics, but I have been clear and up front that we are responding to a particular case. We expect these to be extreme and unusual cases, where someone has been guilty of a crime of this magnitude, but is of that generation prior to 1973. The hon. Gentleman also asked about the consideration of the legal assessment. We have reviewed the legal position very carefully. We are content that it is lawful, which is why we are taking this measure forward. The hon. Gentleman mentioned Irish citizens. Irish citizens are liable to deportation, but in practice are only pursued in limited circumstances. I thank hon. Members for their contributions to this important debate. As they will know, the Government have made this change to end the disparity in powers available to protect the public from the most dangerous people. The recent high-profile case of Shabir Ahmed has highlighted a significant anomaly in the current law. In cases where the person’s conduct is serious enough to justify the removal of their citizenship, section 7 currently prevents us from deporting them.

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  23. ParliamentLabourAnna Turley

    Immigration and Asylum Bill (Twelfth sitting)

    This new clause does not influence our decisions to deprive people of citizenship—that remains. This is simply about our ability to remove them. That is the important loophole that we are trying to close, to create consistency on that front. Safeguards put in place by Government new clause 5 ensure that legislation will not affect the vast majority of people protected by section 7. It will only be used to ensure that those individuals whose conduct places them among the most serious threats to the public can be deported. <em>Question put and agreed to.</em> <em>New clause 5 read a Second time, and added to the Bill.</em> New Clause 32 Exception from automatic deportation of foreign criminals “In section 33 of the UK Borders Act 2007 (exceptions from automatic deportation of foreign criminals) for subsection (6A) substitute— ‘(6A) Exception 6 is where— (a) the foreign criminal has limited leave to remain in the United Kingdom under section 65(2) of the Nationality and Borders Act 2022 (leave to remain for victims of slavery or human trafficking),<span id="455" class="column-number" data-column-number="455"></span> (b) the Secretary of State is under a duty to grant the foreign criminal limited leave to remain in the United Kingdom under that section, or (c) the Secretary of State intends to grant the foreign criminal limited leave to remain in the United Kingdom under that section despite not being required to do so as a result of the application of subsection (7)(a) of that section.’”.—<em>(Anna Turley.)</em> <em>This new clause, to go after clause 39, replaces an exception from the duty to deport foreign criminals. The existing exception operates by reference to the Council of Europe Convention on Action against Trafficking in Human Beings. The replacement exception will operate by reference to the domestic legislation that gives effect to that Convention.</em> <em>Brought up, and read the First </em><em>time</em><em>.</em>

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  24. ParliamentLabourAnna Turley

    Immigration and Asylum Bill (Twelfth sitting)

    I beg to move, That the clause be read a Second time. Section 33 of the UK Borders Act 2007 sets out exceptions to the automatic deportation of foreign criminals. This technical amendment provides greater legal clarity in relation to the exception that may apply where a foreign criminal is also a confirmed victim of modern slavery. At the time the UK Borders Act was enacted, there was not a detailed domestic legal framework in place for the identification and protection of victims of modern slavery. Since then, the Government have introduced specific domestic modern slavery legislation, including the Modern Slavery Act 2015 and the Nationality and Borders Act 2022. The ongoing work on this Bill has highlighted the outdated reference to the Council of Europe convention on action against trafficking in human beings—ECAT—and this provides an opportune moment to update the legislation so that it refers to the relevant domestic modern slavery framework. New clause 32 replaces the existing reference to the United Kingdom’s obligations under ECAT with a reference to the relevant domestic modern slavery legislation, namely the temporary permission to stay provision in the Nationality and Borders Act 2022. Since the introduction of the 2007 Act, the UK has introduced specific modern slavery legislation and these provisions will now provide the legal framework for identifying and protecting victims of modern slavery in the UK. The new clause aligns the deportation framework with existing domestic legislation on modern slavery provisions and provides greater legal clarity. The new clause does not expand or alter the protections. It simply clarifies and clears up any ambiguity in the law. It simply places the exception to automatic deportation on a clearer domestic statutory footing, while ensuring the Secretary of State retains flexibility to grant temporary permission to stay in exceptional circumstances where appropriate.

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  25. ParliamentLabourAnna Turley

    Immigration and Asylum Bill (Twelfth sitting)

    Temporary permission to stay is granted only in limited circumstances for specific purposes and for time-limited periods. Confirmed victims who are considered a risk to public order who have made a modern slavery claim in bad faith will not usually be granted temporary permission to stay in the UK. In rare cases, the Secretary of State may decide that temporary permission to stay is to be granted to an individual who has been convicted of a crime, for example, where their presence is necessary to support a law enforcement investigation or criminal proceedings. The new clause ensures that the Secretary of State retains this discretion as is befitting with clauses we considered earlier. Any grant of temporary permission to stay is subject to the individual continuing to meet the relevant requirements and lasts only for as long as it is necessary to achieve the purpose for which it is granted. I will undertake to write to the Committee on the specific numbers that the hon. Member for Mid Bedfordshire asked for. I thank Members for their interest in the new clause. It replaces the existing reference to the United Kingdom’s obligations under the Council of Europe convention on action against trafficking in human beings with a reference to the relevant domestic modern slavery legislation, namely the temporary permission to stay provision in the Nationality and Borders Act. The technical new clause provides greater legal clarity in relation to the exception that may apply where a foreign criminal is also a confirmed victim of modern slavery. <em>Question put and agreed to.</em> <em>New clause 32 </em><em>accordingly </em><em>read a Second time, and added to the Bill.</em> New Clause 33 Enforcement of decisions of the Immigration Services Commissioner “(1) Part 5 of the Immigration and Asylum Act 1999 (immigration advisers and immigration service providers) is amended as follows. (2) In section 92F (enforcement of penalty notices) (inserted by paragraph 9 of Schedule 1 to the Border Security, Asylum and Immigration Act 2025)— (a) in subsection (1), after ‘notice’ insert ‘(“a penalty”)’;<span id="457" class="column-number" data-column-number="457"></span> (b) for subsections (2) to (4) substitute— ‘(2) In England and Wales, the penalty is recoverable as if it were payable under an order of the county court. (3) In Scotland, the penalty may be enforced in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland. (4) In Northern Ireland, the penalty is recoverable as if it were payable under an order of the county court. (5) Where action is taken under this section for the recovery of a penalty, the penalty— (a) in relation to England and Wales, is to be treated for the purposes of section 98 of the Courts Act 2003 (register of judgments and orders etc) as if it were a judgment entered in the county court; (b) in relation to Northern Ireland, is to be treated for the purposes of Article 116 of the Judgments Enforcement (Northern Ireland) Order 1981 (S.I. 1981/226 (N.I. 6)) (register of judgments) as if it were a judgment in respect of which an application has been accepted under Article 22 or 23(1) of that Order.’ (3) In Schedule 5 (the Immigration Services Commissioner), in paragraph 9C (enforcement of orders to refund fees or pay compensation) (inserted by paragraph 14(5) of the Border Security, Asylum and Immigration Act 2025)— (a) for sub-paragraph (3) substitute— ‘(3) Any amount to be refunded or paid under the order (“the amount owing”)— (a) in England and Wales, is recoverable by P or the Commissioner (on P’s behalf) as if it were payable under an order of the county court; (b) in Scotland, may be enforced by P or the Commissioner (on P’s behalf) in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland; (c) in Northern Ireland, is recoverable by P or the Commissioner (on P’s behalf) as if it were payable under an order of the county court.’; (b) in sub-paragraph (4), for ‘make an application under sub-paragraph (3)’ substitute ‘take steps to recover or enforce an amount owing’; (c) for sub-paragraphs (5) and (6) substitute— ‘(5) Where action is taken under this paragraph for the recovery of an amount to be refunded or paid under an order of the Commissioner, the order— (a) in relation to England and Wales, is to be treated for the purposes of section 98 of the Courts Act 2003 (register of judgments and orders etc) as if it were a judgment entered in the county court; (b) in relation to Northern Ireland, is to be treated for the purposes of Article 116 of the Judgments Enforcement (Northern Ireland) Order 1981 (S.I. 1981/226 (N.I. 6)) (register of judgments) as if it were a judgment in respect of which an application has been accepted under Article 22 or 23(1) of that Order. (6) For the purposes of this paragraph, an appeal is pending during the period— (a) starting when the appeal is brought, and (b) ending when the appeal is finally determined, abandoned or withdrawn.’”—<em>(Anna Turley.)</em> <em>This amendment would insert a new clause, to go in after clause 49, amending the provision inserted into the Immigration and Asylum Act 1999 about the enforcement of orders made by the Immigration Services Commissioner for penalties, refunds and compensation, so as to make it work effectively in Northern Ireland.</em> <em>Brought up, and read the First </em><em>time</em><em>.</em>

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  26. ParliamentLabourAnna Turley

    Immigration and Asylum Bill (Twelfth sitting)

    I beg to move, That the clause be read a Second time. Government new clause 33 seeks to amend the Immigration and Asylum Act 1999 to ensure that the enforcement of orders made by the Immigration Services Commissioner under that Act for penalties, refunds and compensation work effectively in Northern Ireland. Provisions regarding enforcement of unpaid monetary penalties, refunds of fees or payments of compensation in England, Wales, Scotland and Northern Ireland were part of the Immigration Services Commissioner measures in the Border Security, Asylum and Immigration Act 2025. Upon making preparations to commence the measures, however, it became apparent that the current provisions are not compatible with the system in place in Northern Ireland. Therefore, the Government are taking steps to rectify the situation so that the enforcement regime can operate as intended. The Government new clause ensures that any unpaid monetary penalty, refund of fees or payment of compensation imposed by the Immigration Services Commissioner on advisers providing poor or illegal immigration services or advice can be recovered in Northern Ireland as they can in England, Wales and Scotland. It also makes provision for penalties to be entered into the relevant registers in England, Wales and Northern Ireland. Procedures for recovery of debts differ in Scotland from those in England, Wales and Northern Ireland. In Scotland, statutory penalties need not be treated as an existing court judgment. In keeping with other types of statutory penalty in Scotland, the proposed drafting allows for these penalties to be treated as an extract registered decree arbitral, bearing a warrant for execution for purposes of enforcement. That means that no application is needed to the court to enforce a debt or penalty, as it is treated as having been registered with the court and authority given the execution. Amendments in later groups will make provision for the commencement of the new clause to take place in conjunction with the measures it relates to within the Immigration and Asylum Act 1999 as amended by the Border Security, Asylum and Immigration Act 2025.

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  27. ParliamentLabourAnna Turley

    Immigration and Asylum Bill (Twelfth sitting)

    I undertake to write to the shadow Minister with those figures as I do not have them to hand, but I appreciate his interest in the new clause. Government new clause 33 ensures that any unpaid monetary penalty, refund of fees or payment of compensation imposed by the Immigration Services Commissioner on advisers for providing poor or illegal immigration advice or services can be recovered in Northern Ireland, just as they can be in England, Wales or Scotland. It also makes provision for penalties to be entered into the relevant registers in England, Wales and Northern Ireland. The new clause will ensure that the system relating to the Immigration Services Commissioner operates as intended. <em>Q</em><em>uestio</em><em>n put and agreed to.</em> <em>New clause 33 read a Second time, and added to the Bill.</em> New Clause 34 Meaning of “the Immigration Acts” “In section 61(2) of the UK Borders Act 2007 (meaning of ‘the Immigration Acts’)— (a) omit the ‘and’ at the end of paragraph (n); (b) at the end insert ‘, and (p) the Immigration and Asylum Act 2026.’”<em>—(Anna Turley.)</em> <em>This new clause, which would go in after clause 50, would add the Bill to the list of “Immigration Acts” in the UK Borders Act 2007. “The Immigration Acts” is a general term used across the statute book and is defined in the Interpretation Act 1978.</em> <em>Brought up, and read the First </em><em>time</em><em>.</em>

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  28. ParliamentLabourAnna Turley

    Immigration and Asylum Bill (Twelfth sitting)

    I beg to move, That the clause be read a Second time. This new clause makes a straightforward technical amendment to the UK Borders Act 2007. It adds the Bill, once enacted, to the statutory list of enactments <span id="460" class="column-number" data-column-number="460"></span>that comprise “the Immigration Acts” in the 2007 Act. References to “the Immigration Acts” appear throughout the statute book and are used in connection with a wide range of immigration powers, enforcement provisions and other immigration functions. It is therefore important that, once enacted, the Bill is included within that established statutory definition. The effect of the new clause is to ensure that references elsewhere in the legislation to “the Immigration Acts” will apply consistently to the revisions contained in the Bill in the same way as they apply to other immigration legislation. The new clause is a technical provision that ensures the legislation fits coherently within the wider immigration statute book and that existing references to “the Immigration Acts” operate as intended.

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  29. ParliamentLabourAnna Turley

    Immigration and Asylum Bill (Twelfth sitting)

    I thank Members for their overwhelming interest in and enthusiasm for this new clause. As discussed, this is a straightforward amendment that adds the Bill to the statutory list of enactments that comprise “the Immigration Acts” in the 2007 Act. It will simply mean that references elsewhere in legislation to “the Immigration Acts” will apply consistently to the provisions contained in the Bill in the same way that they apply to other immigration legislation. <em>Question </em><em>put and agreed to.</em> <em>New clause 34 read a Second time, and added to the Bill.</em> <em>Ordered,</em> That further consideration be now adjourned.<em> —(Jade </em><em>Botterill</em><em>.)</em>

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  30. ParliamentLabourAnna Turley

    Immigration and Asylum Bill (Eleventh sitting)

    I beg to move amendment 113, in clause 25, page 24, line 17, after “Crown Court” insert “or Court of Appeal”. <em>This amendment means that where the Court of Appeal makes a slavery and trafficking risk order under section 29(1)(a) of the Modern Slavery Act 2015 any application to vary, renew or discharge the order will be determined by the Crown Court.</em>

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  31. ParliamentLabourAnna Turley

    Immigration and Asylum Bill (Eleventh sitting)

    It is a pleasure to serve under your chairmanship again, Dr Murrison. Good morning to all colleagues. Before we get into the detail of the various clauses, I want to place part 5 of the Bill, and all the provisions concerning modern slavery, in their wider context. Modern slavery is a vicious, cruel and barbaric crime that dehumanises people. This Government are absolutely committed to tackling it in all its forms, and to identifying victims and giving them the support that they need. However, for the Government to continue to meet that commitment, we must go further. We need a robust end-to-end system supporting earlier identification, ensuring clear decisions and addressing opportunities for improper use, so that the system works effectively for those it is intended to protect. These measures will improve alignment with wider immigration and support systems while enhancing protections for child victims. We need to reduce further the risk of exploitation by increasing expectations on businesses to tackle abuse in their supply chains, and by strengthening the enforcement powers available to our courts and the police to stop offenders in their tracks. The clauses in the Bill will do all that. Clauses 25 to 34 are focused on strengthening slavery and trafficking prevention and risk orders. As modern slavery offending continues to evolve, the tools used to manage offending behaviour must keep pace to enable law enforcement and the courts to take more efficient and tougher action. Slavery and trafficking prevention and risk orders give law enforcement agencies and the courts powers to apply for and grant orders to prohibit certain behaviour and to prevent harm, but they are not operating as effectively as they could be. The measures will strengthen those powers, making them more efficient and flexible to use, and improving their effectiveness as preventive tools. The changes will help to prevent further exploitation, better protect victims from harm and reduce the risk of exploitation and reoffending.<span id="372" class="column-number" data-column-number="372"></span> Clause 25 amends the Modern Slavery Act 2015 and provides the power for the court before which a person is acquitted of a slavery and human trafficking offence to make a slavery and trafficking risk order. The appropriate court is the court where the person was acquitted following a trial, the court allowing an appeal, or the Crown court on remittal following a successful appeal to the Court of Appeal. Under existing legislation, a slavery and trafficking risk order is available only on application to the magistrates court. In circumstances where a person is acquitted of slavery and trafficking offences by the Crown court, the process places additional pressure on law enforcement and court time. Allowing the court that made the acquittal decision—including on appeal—to make an order, and extending the power to make an order to the higher court, will remove delays caused by the current process. As the trial court has already heard the evidence, it need not be repeated in the magistrates court. That will also mean that the courts can make an order of their own motion. That will improve efficiency and effectiveness by dealing with an individual immediately following the trial, reducing the risk of offending and preventing harm to others without delay. The clause also enables the court to adjourn proceedings relating to a slavery and trafficking risk order on acquittal. The reasons we need adjournment of proceedings will be discussed in further detail under clause 30. Government amendment 113 sets out a technical amendment to clause 25 to clarify which court is responsible for dealing with any future application to vary, renew or discharge a slavery and trafficking risk order made by the Court of Appeal on acquittal. The amendment makes it very clear that any subsequent application will be heard by the Crown court, rather than the Court of Appeal. That aligns the provision of the slavery and trafficking risk order made on acquittal with the existing approach under section 29 of the 2015 Act, which covers appeals of the decision to make an order and ensures a consistent process for managing such orders. The amendment will also ensure that the jurisdiction of the Court of Appeal is not taken up by further matters in respect of the orders. I commend the amendment to the Committee.

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  32. ParliamentLabourAnna Turley

    Immigration and Asylum Bill (Eleventh sitting)

    I thank the shadow Minister for his response to this debate. As discussed, the clause makes important amendments to the Modern Slavery Act 2015 and provides the power for the court before which a person is acquitted of a slavery and human trafficking offence to make a slavery and trafficking risk order. Let me address a couple of the points made by the hon. Gentleman. He asked whether the measures would contribute to an increase in court time. The court will have heard the evidence during the trial or considered it on appeal, and it will be best placed to assess whether an order is necessary. The Government amendment will also mean that the evidence heard in the Crown court does not need to be repeated in the magistrates court, so court time in the magistrates court will be reduced, improving efficiency and effectiveness by handling the case immediately following the trial.<span id="374" class="column-number" data-column-number="374"></span> The hon. Gentleman also asked whether the measures will increase the use of orders and how many orders we expect to see. As hon. Members know, we have published an impact assessment setting out the analytical case for the proposed measures, and developed a justice impact test with the Ministry of Justice. The estimated impacts are therefore only indicative, as no available evidence or data estimates the magnitude of the increase in the number of orders issued as a result of the changes, but the scenarios assume that the number of prevention or risk orders will increase by between 25% and 75%, which equates to an increase of 20 to 30 orders per year. Government amendment 113 is technical and will merely clarify which court is responsible for dealing with any future application to vary, renew or discharge a slavery and trafficking risk order made by the Court of Appeal on acquittal. I commend it to the Committee. <em>A</em><em>mendment 113 agreed to.</em> <em>Clause 25, as amended, ordered to stand part of the Bill.</em> Clause 26 Power for Chief Constable of the British Transport Police Force to apply for prevention and risk orders etc <em>Question proposed,</em> That the clause stand part of the Bill.

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  33. ParliamentLabourAnna Turley

    Immigration and Asylum Bill (Eleventh sitting)

    The hon. Member for Stockton West was right to raise the concerns of law enforcement partners about the limitations to the effectiveness of slavery and trafficking prevention and risk orders. We are seeking to deal with that issue through these clauses. Our ambition is to ensure that law enforcement agencies have exactly the right tools they need to respond as offending evolves. Currently, the British Transport police must rely on a local force to make an application for a slavery and trafficking order on their behalf, even if the British Transport police have undertaken all relevant investigations. That means that there are delays between identifying a risk and an application for a slavery and trafficking order. Clause 26 extends the list of bodies to allow the chief constable of the British Transport police to apply to a magistrates court to make, vary, discharge and renew slavery and trafficking prevention and risk orders. Giving an express power to the British Transport police will enhance the force’s capability to disrupt and tackle criminal exploitation and sexual exploitation on the transport network, and to keep pace with how modern slavery offending has evolved. It will also reduce costs and the time spent by local forces on making and processing applications of these orders on behalf of the British Transport police, and will enable swifter protection of victims by minimising the length of time between the offence taking place and the application being made. Extending these powers to the British Transport police will send a message to organised criminal gangs that all areas of law enforcement are equipped to take decisive action against perpetrators who exploit vulnerable individuals. Clause 27 will remove a further limitation on law enforcement applications for slavery and trafficking orders: the restriction on chief officers of police of <span id="375" class="column-number" data-column-number="375"></span>being able to make applications for slavery and trafficking orders only in relation to a person who lives in their police force area. The nature of modern slavery offending, and the links to other types of crime, have evolved since the Modern Slavery Act 2015 was introduced. Both criminal and sexual exploitation offending can take place across force areas, in multiple locations across the country, and online. The legislation also needs to evolve to remain effective and to reduce the risk of offending and harm caused. The current legislation does not account for instances where the perpetrator has never visited or does not intend to visit the location where the offending occurs—that includes circumstances in which the offending takes place online. In such cases, the offending is more likely to be identified by the force in the location where the offending occurs, but the responsibility for applying for an order currently falls on the force in the perpetrator’s area of residence. Removing that restriction will enable law enforcement to improve the way it targets and disrupts modern slavery and human trafficking offending by relieving the burden on forces. It will cut back on application delays by allowing any force to apply for the order. The application will need to be made in the area where the defendant lives, or in the police area where the applicant believes the defendant is or is intending to come to. I commend the clauses to the Committee.

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  34. ParliamentLabourAnna Turley

    Immigration and Asylum Bill (Eleventh sitting)

    I thank the hon. Gentleman for his contribution and his questions, and we appreciate his support for these important clauses. Put simply, clauses 26 and 27 address the important issue of how law enforcement agencies will deal with the issues in their area. Clause 26 extends the provisions to the British Transport police, while clause 27 removes the restriction on chief officers of police of being able to apply for orders only in relation to people living in their local area. As I set out earlier, currently there are unnecessary limitations on law enforcement’s ability to apply for slavery and trafficking orders. The constraints on how the orders can be applied for restrict their effectiveness. This means that we could be doing more to manage the risks identified, to protect vulnerable people who are at risk of exposure to these horrendous crimes. To manage that, we have worked closely with enforcement colleagues—including, to respond to the hon. Gentleman, the British Transport police—to design new clauses that will allow forces to apply for the orders and remove the restriction on chief officers of police of being able to apply for orders in relation only to individuals living in their local police area. That will allow forces to better manage individuals who are committing offences across police force boundaries. The hon. Gentleman asked about how the responsibility for monitoring and enforcing would be managed, and how the process would work. This amendment will improve co-operation between local forces and the British Transport police, who have to work collaboratively at almost every stage of the process, from application to monitoring. The British Transport police will still need to engage with the relevant local forces, give notice of the application to the chief officer of police, and conduct monitoring of the orders. The hon. Gentleman asked whether a national monitoring system would be introduced. Law enforcement is responsible for monitoring and managing compliance with slavery and trafficking orders. The former modern slavery and organised immigration crime unit issued guidance to law enforcement on obtaining and managing slavery and trafficking prevention risk orders, to help ensure consistency across forces in England and Wales. When the changes are introduced, that statutory guidance <span id="377" class="column-number" data-column-number="377"></span>will be updated to align with them, ensuring that all those involved have the right training and preparation for the new powers. Together, clauses 26 and 27 allow the Modern Slavery Act 2015 to remain relevant to the modern world. I commend them to the Committee. <em>Question put and agreed to.</em> <em>Clause 26 accordingly ordered to stand part of the Bill.</em> <em>Clause 27 ordered to stand part of the Bill.</em> Clause 28 Notification requirements in slavery and trafficking prevention orders <em>Question proposed, </em>That the clause stand part of the Bill.

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  35. ParliamentLabourAnna Turley

    Immigration and Asylum Bill (Eleventh sitting)

    Under section 19 of the Modern Slavery Act 2015, courts may require individuals subject to slavery and trafficking prevention orders and slavery and trafficking risk orders to notify the police or another specified agency of personal information, including their name and address. However, monitoring and enforcement are currently inconsistent across police forces, which affects their ability to manage individuals and respond effectively to risk. That can result in police forces collecting information on individuals subject to an order in different ways, leading to delays in identifying breaches and an inconsistent approach to preventing individuals from engaging in criminal behaviour.

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  36. ParliamentLabourAnna Turley

    Immigration and Asylum Bill (Eleventh sitting)

    I thank the hon. Gentleman for his questions. As he has set out, the orders in clauses 28 and 29 are crucial tools to allow our law enforcement to protect victims, and we appreciate the support of His Majesty’s Opposition. The clauses address a gap in the current framework for managing individuals subject to slavery and trafficking prevention and risk orders. Currently, notification requirements are discretionary, which has contributed to there being different approaches to monitoring and enforcement across police forces, and that can limit law enforcement’s ability to identify breaches, manage risk and safeguard potential victims. Clauses 28 and 29 strengthen that regime by making the notification requirements mandatory, while also enabling courts to impose additional risk-based notifications where necessary and proportionate. This flexibility will allow the requirements placed on individuals to keep pace as modern slavery evolves. The hon. Gentleman asked about the additional data that will be collected under clause 29. Currently, each force collects and records said data differently; that is part of the problem we are trying to address according to local needs. It is for the forces to decide how to monitor and manage individuals subject to an order. He also asked about some of the things that could be requested and collated: those could include phone numbers, email addresses, online usernames and vehicle registrations. They will be considered on a case-by-case basis specific to an individual that addresses proportionality and necessity based on the risk of offending, which I think answers his question about additional data. The shadow Minister also mentioned the regulations we refer to. We will publish those as soon as possible. Together, these measures will support a more consistent and effective approach to monitoring individuals subject to orders. Strengthening orders and increasing notification requirements sends a strong message to both perpetrators and victims that exploitation will be detected. I commend clauses 28 and 29 to the Committee. <em>Question put and agreed to.</em> <em>Clause 28 accordingly ordered to stand part of the Bill.</em> <em>Clause 29 ordered to stand part of the Bill.</em> Clause 30 Slavery and trafficking prevention orders: adjournment of proceedings <em>Question proposed, </em>That the clause stand part of the Bill.

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  37. ParliamentLabourAnna Turley

    Immigration and Asylum Bill (Eleventh sitting)

    There is a risk that the current legislation is not clear that a court can adjourn proceedings, although it is common practice for courts to adjourn proceedings in relation to the slavery and trafficking prevention orders. Clause 30 makes it explicit that a court can adjourn proceedings when a person has been found guilty of a slavery and trafficking offence before making a slavery and trafficking prevention order. It ensures that the court has the option to adjourn proceedings for a slavery and human trafficking offence even after sentencing. That will remove any existing or future doubt.<span id="380" class="column-number" data-column-number="380"></span> The clause also includes provision for when an individual does not attend proceedings, to ensure that the criminal justice process can continue. It is simply about ensuring that courts have the necessary powers to ensure a smooth and effective court process.

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  38. ParliamentLabourAnna Turley

    Immigration and Asylum Bill (Eleventh sitting)

    I thank the shadow Minister for his thoughtful contributions. Clause 30 is simple: although courts can adjourn proceedings, the current legislation does not explicitly provide for that, which has created the potential for real uncertainty.<span id="381" class="column-number" data-column-number="381"></span> During the passage of the Police, Crime, Sentencing and Courts Act 2022 in the House of Lords, a specific provision was requested in related to serious violence reduction orders to make it clear that proceedings could be adjourned even after sentencing took place. The specific provision for adjournment has been included in domestic abuse protection orders. That is intended to enable the court to determine any outstanding prevention orders, even after the criminal proceedings have concluded. Replicating measures such as those for instances of modern slavery will remove any current or future doubt that the court is able to determine a slavery and trafficking prevention order after sentencing. Adjournment is a procedural tool that the court might take after sentencing or acquittal to consider imposing an order. The court may then consider further evidence related to the future risk of offending when considering whether to make a slavery and trafficking prevention order. Clause 30 is about enabling the court to more effectively address offending while the defendant is still under their power and to ensure that outstanding matters in a case can be dealt with at the same time. Adjourning proceedings in relation to the making of a prevention order is currently common practice, but we are making that explicit and mirroring the similar provisions in other legislation providing for civil orders. The shadow Minister asked whether the measure would result in an increase in non-attendance in the courts and potentially an increase in warrants. A court can hear the proceedings in a person’s absence if it is satisfied that the defendant “has had adequate notice of the time and place of the adjourned proceedings, and…has been informed that if the defendant does not appear for those proceedings the court may hear the proceedings in the defendant’s absence.” As such, a person cannot continually delay proceedings by not attending, but the notice requirements are safeguarded to ensure that defendants are aware of the proceedings. The court cannot issue a warrant unless it is satisfied that the person “has had adequate notice of the time and place of the adjourned proceedings”. Clause 30 also makes clear that a court can adjourn proceedings where a person has been found guilty of a slavery and trafficking offence before making a slavery and trafficking prevention order. I will pick up on the shadow Minister’s point about victim liaisons because that is important; I will undertake to get back to him and the Committee about that. The clause also undertakes a court process, which is currently common practice in relation to these orders and mirrors established legislative precedent from other civil orders. I commend the clause to the Committee. <em>Question put and agreed to.</em> <em>Clause 30 according ordered to stand part of the Bill.</em> Clause 31 Slavery and trafficking prevention orders: electronic monitoring <em>Question proposed,</em> That the clause stand part of the Bill.

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  39. ParliamentLabourAnna Turley

    Immigration and Asylum Bill (Eleventh sitting)

    There is currently no express power in the Modern Slavery Act 2015 to impose an electronic monitoring requirement as a condition of slavery and trafficking prevention and risk orders. Case law suggests that that may be within the court’s existing powers; however, as it is not explicit in the current legislation, it can be unclear to the court that electronic monitoring—tagging, as we know it—is an option as a monitoring tool for slavery and trafficking orders. Introducing an express power will ensure that there is no doubt that electronic monitoring can be used where it is deemed necessary. Clauses 31 and 32 set out the explicit provision for courts to impose an electronic monitoring requirement as part of a slavery and trafficking prevention order or an interim slavery and trafficking prevention order, or a slavery and trafficking risk order or an interim slavery and trafficking risk order. Such a requirement will be applied only where the court is satisfied that it is necessary for the purpose of protecting persons from physical or psychological harm. We want to ensure that law enforcement has all the tools it needs to manage offenders effectively. Electronic monitoring enables law enforcement to monitor compliance with the conditions of an order where they include an exclusion zone, a curfew or travel restrictions. The conditions imposed by each order are tailored by the court depending on the nature of the individual’s risk of offending. Electronic monitoring, as a condition of a slavery and trafficking order, would also help to prevent reoffending and prevent offenders from fleeing, leaving the country and escaping criminal punishment. We know that electronic monitoring of an offender can make victims and survivors feel safer in some instances and improve their engagement with the criminal justice system. Electronic monitoring can also act as a deterrent to perpetrators while the tag is being worn. Electronic monitoring will ensure certainty of detection when protective licence conditions are breached, strengthen offender management, help victims and survivors feel safe following the release of their perpetrators and help to prevent further offending. Clause 33 sets out a number of consequential amendments to the Modern Slavery Act 2015 to support the introduction and enforcement of electronic monitoring requirements for individuals subject to slavery and trafficking prevention and risk orders. The clause updates section 30 of the 2015 Act so that the existing offence of breaching an order applies consistently to all the modern slavery and trafficking orders. This ensures a consistent enforcement framework across the full range of orders. The clause also sets out a requirement for the Secretary of State to issue a code of practice governing the processing of data obtained through electronic monitoring. That will provide clear guidance on the handling of information gathered through electronic monitoring while ensuring that appropriate safeguards are in place. The clause also provides the appropriate regulation-making framework for electronic monitoring arrangements and clarifies the parliamentary procedure for regulations specifying who may be responsible for electronic monitoring.<span id="383" class="column-number" data-column-number="383"></span> Clauses 31 to 33 will strengthen the operation of slavery and trafficking prevention and risk orders, support the use of electronic monitoring and provide a clear framework for enforcement, governance and oversight, and I commend them to the Committee.

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  40. ParliamentLabourAnna Turley

    Immigration and Asylum Bill (Eleventh sitting)

    I thank the hon. Gentleman again for his helpful and thoughtful contributions, and for his support for the clauses. As discussed, this group covers the electronic monitoring requirements for slavery and trafficking prevention and risk orders, along with consequential amendments. As I laid out previously, law enforcement does not always have the tools needed to support it in effectively monitoring those subject to these orders or to identify breaches at an earlier stage. The clauses will enable courts, where necessary and proportionate, to impose electronic monitoring requirements. That will strengthen the management and enforcement of orders, help to identify breaches sooner and disrupt further offending, and provide greater protection and reassurance to victims. The hon. Member for Stockton West raised a few questions, which I am very happy to answer. First, he asked whether the code of practice would be subject to parliamentary procedure. Given the likely content and nature of the code, the fact that it is not going to define or create any new legal responsibilities, and that the processing of data must be in accordance with the requirements of data protection legislation, the Government do not consider it necessary for the code to be subject to any parliamentary procedure. The hon. Gentleman asked for some more detail on what the code of practice would look like. This clause sets out that the Secretary of State must issue a code of practice relating to the processing of data gathered in the course of the electronic monitoring of individuals where that has been imposed. The code of practice is intended to set out the appropriate tests and safeguards for the processing of such data, in order to ensure compliance with the UK General Data Protection Regulation and the Data Protection Act 2018. The Government consider that a code of practice is the most appropriate vehicle for setting out expectations and responsibilities in relation to the processing of data gathered under electronic monitoring requirements. It is important to have the flexibility to update the code to keep pace with any changes to that legislation and to ensure that it can be aligned with operational guidance. The hon. Gentleman asked about resourcing. There is currently no intention to increase the number of electronic monitoring cases. Electronic monitoring will be used only in cases where it is justified against the legislative requirements and considered necessary to protect persons from harm. The number of orders issued with electronic monitoring as a condition will depend on the nature of the offending, the assessment of the court hearing the case and the other conditions available that could address the risk. As such, it is not possible to say whether, overall, the use of electronic monitoring will increase or decrease. It is about giving the courts the clarity that they need. It is important to consider that electronic monitoring can help to reduce the amount of resource used trying to trace offenders who breach the conditions of their orders. Electronic monitoring would enable forces to <span id="385" class="column-number" data-column-number="385"></span>respond more effectively to the risk posed by offenders, and we could see some early intervention and prevention as a result of that. Electronic monitoring can be a condition of an order only if the court has been notified by the Secretary of State that electronic monitoring arrangements are available in the relevant area, and the court is satisfied that the necessary provision can be made under the arrangements currently available. I think I have covered the issues raised by the shadow Minister. Clauses 31 to 33 will also align the slavery and trafficking prevention and risk orders with other civil orders, as I mentioned, which have explicit provision for electronic monitoring. This is about clarity for the courts on the face of the law. I commend the clauses to the Committee. <em>Question put and agreed </em><em>to</em><em>.</em> <em>Clause 31 accordingly ordered to stand part of the </em><em>Bill</em>. <em>Clauses 32 and 33 ordered to stand part of the Bill</em>. Clause 34 Variation etc of slavery and trafficking prevention and risk orders <em>Question proposed,</em> That the clause stand part of the Bill.

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