Immigration, Asylum and Nationality Bill

moved Amendment No. 73:"After Clause 56, insert the following new clause—" ““TRAFFICKED PERSONS: LEAVE TO REMAIN (1)   Where a person who has been trafficked into the United Kingdom— (a)   provides sworn evidence, or (b)   is willing to testify in court, against the traffickers’ organisation or their beneficiaries, that person shall be granted leave to remain and be entitled to seek employment. (2)   For the purposes of this section, a person is ““trafficked”” if another person forces him to enter the United Kingdom or deceives him to do so or otherwise fraudulently encourages him to do so for the purposes of sexually or economically exploiting him.”” The noble Lord said: It is generally accepted that trafficking into this country for sexual or economic exploitation is a serious and quite widespread problem. For some years, we have had unaccompanied children arriving here, being cared for by social services and later disappearing. I understand that a similar problem is now being recognised in the Republic of Ireland. That was followed by the tragedy of the cockle pickers and other exploited labourers. Next, it was noticed that a high proportion of prostitutes came from eastern Europe and that brothels, saunas and massage parlours were controlled by Albanian and other criminal gangs. The unfortunate women in these situations are controlled and manipulated not only by threats of violence against them, but also by the possibility of dire consequences for their families in their home countries. This is not, I regret, just a London problem. Friends of mine have knowledge of eastern European women held in quasi-slavery in Liverpool, Leicester and Birmingham. There are thought to be some 900 gangs organising serious criminal exploitation. New forms of it keep arising. Over the past year, there has been an upsurge in Vietnamese teenagers brought here, largely to London, to work growing cannabis. The Metropolitan Police has apparently conducted some 250 operations to close down illegal and exploitive establishments. India is another country of concern. A Briton was recently arrested at Bangalore airport with two under-age boys, false passports and faked visas. This, no doubt, ties in with paedophile tourism to Goa, Thailand and the Philippines. To understand something of the size and scale of the problem it is worth reading the recent survey, of over 500 pages, on trafficking from and through south-east Europe, published by the International Organisation for Migration. The IOM is doing valuable after care and resettlement work. I have seen the new draft UK action plan for tackling trafficking. It mentions that it is desirable to reduce demand for prostitution here but offers no ideas as to how that might be done. Can the Government explain what is in mind—or is it just a rhetorical phrase that has been thrown in? The plan elsewhere states that five convictions have so far been obtained under the Sexual Offences Act 2003. No doubt some additional convictions have been obtained since the plan was written. Operation Reflex, conducted by the police during 2004–05, resulted in 149 ““disruptions””—whatever that means—and 1,456 arrests. How many prosecutions are now pending? If the answer is not very many, that surely indicates a lack of evidence that will stand up in court. I apologise for this slightly long introduction; it is, however, necessary to set the context for Amendments Nos. 73 and 74. To defeat trafficking of whatever kind it is essential to obtain convictions of those operating here and making large fortunes from doing so. Convictions require evidence, and I have already explained why victims of trafficking may be extremely reluctant to give evidence, even if they are provided with good personal witness protection. Incentives are therefore greatly needed. My first amendment provides the considerable carrot of allowing a trafficked person who gives evidence to remain here and seek lawful employment. If the United States and France can do this, why do we not do it also? I do not take seriously repeated Home Office comments that it would constitute a ““pull factor”” for people-smuggling and trafficking. If the Minister has that in her brief, I hope she will expunge it. After all, those who have been trafficked do not come of their own free will, but because of the force, fraud or deception applied to them. The amendment is confined to victims of trafficking. Amendment No. 174 is closely linked to the previous amendment on the need to obtain evidence that will secure convictions. At present, there seems to be only one source of protected accommodation for victims of sex trafficking who have been rescued or who have escaped. It is known as the Poppy Project in the London area. It opened in 2003 with Home Office funding. Although it has been evaluated at length, its funds will run out in March. However, from a meeting I had last week with a Home Office Minister; I understand that further funding will be provided, probably for two years. But the piecemeal way in which funds have been made available cannot have been good for staff morale or forward planning. The Poppy Project has done a good job for those referred to it, affording them time, space and care in which to recover from earlier experiences and to consider their future. The police, however, have complained that the project is usually full when they want to send someone to it. That means that some victims have probably been deported or repatriated, thus making them liable to be trafficked all over again. I therefore propose that there should be a general duty to provide sufficient accommodation so that evidence can be obtained, and thus convictions. Accommodation would normally be for a relatively short readjustment period and should be available regardless of immigration status. It would cater mainly for victims of sex exploitation but could, on occasion, be needed by other trafficked people. In subsection (2) of Amendment No. 74, I have mentioned the provision of advice. This is essential so that those who have been placed in impossible situations may come to prudent decisions about their future. The amendment will not require huge new government enterprise as the accommodation needed could be provided by selected specialised housing associations. I look forward to what the Government have to say, not only about funding for Poppy, but also about the general need for far more safe and protected accommodation. I beg to move.