Key Facts

• Amendment 144 would require officers to assess welfare risks before stopping or boarding ships.
• Amendments 145, 146, 148, and 149 mandate relevant training for officers exercising powers under certain paragraphs, requiring adherence to the Human Rights Act 1998.
• Amendment 147 requires publication of agreements with other states or territories within 30 days of Royal Assent.
• New clause 20 will clarify that migrant workers need permission to work in UK waters through visa application.
• The UN special rapporteur expressed concern over Australia's pushback policy.
• Reports exist on deaths resulting from pushbacks in the Mediterranean.
• Amendment 145 requires the Home Secretary to publish a list of states with which agreements have been secured within 30 days of Royal Assent.
• An estimated 40,000 refugees and other migrants died between 2014 and 2020 while moving between countries.
• The Bill refers to 'any structure (whether with or without means of propulsion)' as vessels subject to pushback policies.
• Migrant Voice and Amnesty International state that those arriving on boats include babies, children, pregnant women, and individuals suffering from trauma.
• Pushbacks are seen as part of a broader set of measures to deter illegal entries.
• The French have been criticized for allowing boats to make dangerous journeys across the English Channel.
• Australia used military vessels during pushbacks, while the UK would use rubber dinghies.
• Clause 41 grants new powers to stop or board ships suspected of immigration-related offences.
• Schedule 5 gives power to seize and dispose of ships without nationality after 31 days.
• The Bill restricts existing maritime enforcement powers to police officers only, a change from the Immigration Act 2016.
• Siobhain McDonagh discusses Clause 43 and its amendments.
• The discussion includes government new clause 28 on removals: notice requirements.
• Amendment 137 is proposed by Bambos Charalambous.
• Clause 43 sets a maximum five working days' notice for individuals facing removal.
• The clause does not ensure provision of legal advice within the notice period.
• Amendment 137 seeks to delete subsections (3) to (5) of new section 10A to prevent unjust removals.
• The government's existing policy allows rearranging a failed removal within 10 days without issuing a fresh notice period.
• New clause 28 extends this period to 21 days and establishes a single statutory minimum notice period of five working days for migrants.
• Migrants subject to enforced removal must be allowed reasonable time to access justice, which includes detaining them until their departure is arranged if the removal needs to be rebooked within 21 days.
• Amendment 143 aims to prevent deportation for those who arrived in the UK before their tenth birthday.
• The amendment seeks to align the age on arrival in the UK with the age of criminal responsibility.
• Sir Stephen Shaw's 2016 and 2018 reports raised ethical concerns about deporting individuals who grew up in the UK.
• New clause 8 expands the early removal scheme window from nine months to 12 months.
• Removal under the scheme is subject to at least half of the custodial period being served in prison.
• The new clause includes a stop-the-clock provision for those who return after deportation.
• Clause 45 requires decision makers to consider previous failure to cooperate with certain immigration processes when granting immigration bail.
• Bambos Charalambous argues that the clause could lead to indefinite detention and unfair treatment of vulnerable individuals.
• Since 2000, 49 people have died in UK immigration detention centres, with daily incidents of self-harm recorded.
• Amendment 170 aims to remove the hard deadline for compliance.
• Amendment 169 seeks to replace specific subsections with provisions for a reasonable period of time and an ongoing opportunity to explain non-compliance.
• The majority of National Referral Mechanism referrals come from the Home Office and police, resulting in positive decisions in nine out of ten cases.
• Tom Pursglove made a declaration of interest regarding his charity fundraising in October.
• Clause 46 aims to establish the slavery and trafficking information notice process to identify victims early.
• The clause includes safeguards to discourage misuse of the system and supports quicker decision-making.
• Amendment 184 aims to require slavery or trafficking information notices to be accompanied by details about victims' rights and support entitlements.
• The Government argues that existing clauses in the Bill already provide mechanisms to ensure potential victims are aware of their rights.
• Clauses 54 and 55 aim to inform individuals about the national referral mechanism when they receive advice on asylum and immigration matters.
• Part 4 of the Bill was unexpected by many in the human trafficking and modern slavery sector.
• Every Child Protected Against Trafficking described part 4 as an affront to the Government's recognition that identifying victims is a safeguarding matter, not immigration.
• CARE International UK data reveals that 2,178 adults identified as suspected victims of modern slavery last year did not agree to enter the National Referral Mechanism (NRM).
• Clause 46 aims to identify genuine victims of modern slavery at an early opportunity.
• Asylum and human rights claimants need to provide relevant information about being a victim within a specified period.
• The clause works in tandem with clause 47, which sets out the consequences for not providing timely information without good reason.
• Amendment 190 seeks to insert a condition in clause 47, page 42, line 19 of the Nationality and Borders Bill.
• The amendment aims to protect child victims by ensuring they are not penalised for late disclosure due to their age-related vulnerability.
• There was a 10% increase in the number of children identified as potential victims of trafficking from 2019 to 2020, with 4,946 referrals last year.
• Amendment 173 aims to disapply section on credibility when a reasonable grounds decision is already made.
• Amendment 174 seeks to exclude statements made on behalf of trafficking information notice recipients from being impacted by late evidence provision.
• The government argues that considering all relevant information, regardless of who provides it, ensures timely identification and support for victims.
• Amendment 175 seeks to remove the presumption that delayed disclosure is damaging to a person’s credibility.
• Amendment 163 aims to define 'good reasons' for late disclosure, including trauma impact, distrust of authorities, fear of reprisals, and lack of understanding of modern slavery.
• The Home Office will have discretion over who is served an evidence notice and the extent to which credibility is damaged by late evidence.
• The Bill introduces a statutory requirement for victims of modern slavery to provide information by a specified date.
• Legal aid provisions are included to encourage victims to share information safely.
• Decision makers will have the flexibility to consider 'good reasons' on a case-by-case basis, details of which will be outlined in guidance.
• The Minister acknowledges that removing the impact of late disclosure on credibility would undermine efforts to deter misuse and early identification.
• Amendment 181 would insert text to define 'good reason' as relevant status information identifying a person as a likely victim of human trafficking for sexual services.
• Amendment 187 aims to ensure that subsection (2) does not apply if the person is a victim of trafficking for sexual exploitation and provides criteria indicating this status.
• Amendment 182 would require the Secretary of State to issue specific guidance on indicators of potential victims of human trafficking for sexual services.
• Nine out of ten 'reasonable and conclusive grounds' decisions were positive last year.
• Amendment 181 aims to protect victims who disclose their status late.
• Amendment 187 details factors for identifying trafficking victims.
• New clause 42 introduces a specific offence for trafficking for sexual exploitation, with up to life imprisonment as punishment.
• There was a 280% increase in online advertising of sexual services during the pandemic.
• Clause 47 enables decision makers to take account of individuals’ vulnerabilities.
• The Minister has not committed to a meeting but will consider any requests made through his office.
• Exploitation for the purpose of human trafficking is already defined under section 3 of the Modern Slavery Act 2015, including sexual exploitation.
• Clause 47 aims to penalise late provision of information by potential modern slavery victims.
• The Human Trafficking Foundation warns that clause 47 risks increasing bureaucracy and delays in support for survivors.
• The PROTECT programme, funded by the Department of Health and Social Care, found high levels of psychological distress among trafficked individuals.
• Clause 47 passed with a narrow margin after division.
• Amendment seeks to leave the reasonable grounds threshold as it stands at 'may be' rather than changing it to 'is'.
• In 2020, the Single Competent Authority made 10,608 reasonable grounds decisions and 3,454 conclusive grounds decisions.
• Currently, around nine in 10 of all reasonable and conclusive grounds decisions are positive.