Commons Sense

House of Commons · Ministers' Questions

Illegal Migration Bill: Trafficking Convention

Thursday 25 May 2023 · 3 questions

Summarised by AI from the official record, so it can contain mistakes.

At a glance

Key points

  • The Attorney General responded that disclosing whether legal advice has been sought or its contents is against long-standing convention.
  • The Attorney General stated that the Illegal Migration Bill is consistent with international obligations.
  • Stuart McDonald expressed concern that the Bill may discourage victims from coming forward, potentially hindering prosecutions of traffickers.

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Questions & Answers

Context

The question arises from concerns about the compatibility of the Illegal Migration Bill with the Council of Europe Convention on Action against Trafficking in Human Beings.

Question

Whether she has had discussions with Cabinet colleagues on the compatibility of the Illegal Migration Bill with the Council of Europe convention on action against trafficking in human beings.

Answer from Victoria Prentis

By long-standing convention, whether the Law Officers have been asked to provide advice, and the contents of any such advice, is not disclosed outside Government.

Not addressed: Discussion on compatibility with international conventions and agreements

How: Long-Standing Convention

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Context

Over 190 civil society organizations have called for the Government to withdraw or revise the Illegal Migration Bill due to its potential breaches of international law.

Question

Nearly 200 civil society organisations covering human trafficking, modern slavery, asylum and refugees have called on the Government to immediately withdraw the Illegal Migration Bill because, as it stands, it will breach multiple conventions and agreements in international law. Will the Attorney General work with her colleagues to revise, review and change these provisions, or is she happy to underline that hers is a lawbreaking Government?

Answer from Victoria Prentis

As I said, there is a long-standing convention that means I cannot go into the legal advice that may or may not have been given. I can say simply that we do consider the Bill to be consistent with our international obligations.

Not addressed: Commitment to work on revising provisions of the Illegal Migration Bill

How: Long-Standing Convention

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Context

Concerns have been expressed that victims may not come forward due to fear of detention and removal, potentially making it harder to prosecute traffickers.

Question

The Attorney General will know that concern has been expressed on both sides of the House that the Bill will make it even harder to successfully prosecute traffickers. In short, that is because victims will not come forward if it simply means they are going to be detained and then removed to Rwanda. What is the Attorney General going to do about that?

Answer from Victoria Prentis

I am sorry, but once again, I cannot go into the content of any legal advice that might have been given. I would, however, refer the hon. Gentleman to the explanatory notes that accompany the Illegal Migration Bill, which set out the circumstances in which ECAT is operating at the moment.

Not addressed: Actions regarding prosecution of traffickers

How: Legal Advice, Refer To Explanatory Notes

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