Key Facts

• The reasonable grounds decision is made within five working days of referral.
• Negative reasonable grounds decisions are reviewed by a second caseworker or manager/technical specialist.
• Multi-Agency Assurance Panels already review negative conclusive grounds decisions as per the Modern Slavery Act 2015 guidance.
• Amendment 176 would prevent the Secretary of State from changing the definition of slavery and human trafficking by regulations.
• Clause 48 and clause 57 of the Bill introduce new definitions of modern slavery.
• The existing definition under the Modern Slavery Act 2015 is distinct but related to the proposed definitions in the Bill.
• The amendment proposes increasing the recovery period from 30 to 45 days.
• Current statutory guidance specifies a recovery period of at least 45 days.
• The average length of time for a conclusive grounds decision is 465 days.
• The statutory guidance under section 49 of the Modern Slavery Act 2015 provides a 45-day recovery period for victims unless disqualifications apply.
• In 2020, the average time for conclusive grounds decisions was 339 days.
• The Government is piloting new ways to identify child victims of modern slavery within existing safeguarding structures.
• Trafficked children make up 47% of those referred to the NRM.
• In 2017, one in four identified trafficked children went missing from care.
• The number of children referred to the NRM increased by almost 10% last year compared to the previous year.
• The average number of missing incidents for each trafficked child has risen from 2.4 to 7.4 between 2014-15 and 2017-18.
• Roger Gale addresses Clause 51 during his statement.
• He suggests combining the stand part debate with the amendment for greater flexibility in discussion.
• The Independent Anti-Slavery Commissioner, Dame Sara Thornton, has grave concerns about clause 51.
• In 2020, 47% of referrals to the National Referral Mechanism (NRM) were for children, with 51% being for criminal exploitation.
• Child C’s case study illustrates the consequences of not providing timely protection and support to criminally exploited children.
• Section 45 of the Modern Slavery Act 2015 explicitly states that victims are coerced into committing crimes as part of their exploitation.
• The amendment aims to exclude survivors, especially children, from the scope of clause 51.
• Z's case study illustrates how the clause could prevent identification of trafficking victims.
• Section 45 of the Modern Slavery Act 2015 is a criminal defence separate from public order disqualification.
• Decisions about withholding recovery periods for victims of trafficking will be made on a case-by-case basis.
• Policy guidance will set out the process by which cases are decided individually.
• Clause 51 is intended to target ruthless criminal gangs who pose national security threats.
• Amendment 2 updates the definition of support in line with Article 13 of ECAT.
• Amendment 3 provides long-term statutory support for victims with a positive conclusive grounds decision for at least 12 months.
• The amendments aim to address gaps identified by organisations like CARE and the Centre for Social Justice.
• Amendment 7 would amend clause 53 of the Nationality and Borders Bill.
• The amendment seeks to provide a minimum 12-month leave to remain period for modern slavery victims in England and Wales with a positive conclusive grounds decision.
• Amendment 5 seeks to change the criterion from 'recovery' to 'personal situation'.
• Amendment 6 aims to remove criteria for not granting leave if assistance could be provided elsewhere.
• In 2017, only 21% of confirmed non-UK or EU nationals were granted asylum as modern slavery victims.
• The Independent Anti-Slavery Commissioner found the lack of clarity around clause implications for children disappointing.
• Only about 5% of child-related considerations resulted in positive decisions for discretionary leave.
• The Bill aims to enhance rights of modern slavery victims through primary legislation.
• Clause 53 sets out the circumstances for granting temporary leave to remain to confirmed victims.
• Each case will be assessed individually based on specific needs and support required.
• Roger Gale proposes amendment 72.
• Amendment 72 aims to correct a drafting error in clause 53 of the Nationality and Borders Bill.
• The amendment seeks to replace the word 'reasonable' with 'conclusive'.
• Clause 53 sets out circumstances in which a confirmed victim may qualify for temporary modern slavery-specific leave.
• Only 11% of confirmed victims received discretionary leave between January 2016 and March 2020.
• The High Court ruled that foreign national victims of human trafficking should be granted leave to remain.
• The Opposition will make brief remarks on clauses 54 and 55 taken together.
• Clause 56 will be discussed separately.
• Clause 57 will be taken without debate.