Serious Crime Bill [HL]

moved Amendment No. 10: 10: Clause 1, page 2, line 11, at end insert— ““( ) The making of a serious crime prevention order against a person in relation to people trafficking shall— (a) be without prejudice to any criminal investigation; and (b) require that all appropriate lines of investigation shall be diligently pursued with a view to bringing a prosecution against the person for an offence relating to trafficking against persons.”” The noble Lord said: The press coverage surrounding the introduction of the Bill announced that serious organised crime prevention orders would be used to tackle human trafficking. The Minister mentioned human trafficking in her opening remarks when she spoke of why such orders are necessary. We have no doubt whatever that human trafficking is a serious social evil, causing great human misery. However, we doubt the wisdom of relying simply on serious crime prevention orders as a means of tackling this horrendous crime. Instead of relying on these legal shortcuts, we believe that those who traffic human beings for exploitation should be prosecuted and, if convicted, punished. Criminal prosecutions and prison sentences for those found guilty of these serious offences would be a far more effective way of providing justice to victims—a visible deterrent against future trafficking and protection of the public. That is the approach taken in the trafficking convention, which requires states to put into place a range of trafficking offences and to ensure that cases are investigated and prosecuted effectively. We are delighted that the UK has now put in place a range of trafficking offences and that it intends to give them extraterritorial effect. Enacting offences is not, however, enough; more can and must be done to facilitate criminal investigations and prosecutions. We are not, for example, aware of any prosecutions being pursued under the offence of trafficking for labour exploitation, enacted in 2004. One significant difficulty with prosecutions in that context is the immigration status of the victim. Victims may be unwilling to come forward to assist with an investigation for fear that they may be deported before they have had time to consider properly whether they are willing and able to help with a criminal prosecution; or may even be deported during the course of an investigation or prosecution with which they are actively assisting. In the short term, the single most important factor that enables victims to make decisions, both about their future and whether to assist in a prosecution, is security. It is for that reason that the trafficking convention provides for reflection periods, limited residence rights and support for victims. After much hesitation on this issue, it is now clear that the Government do not object to giving limited residence rights and reflection periods to trafficking victims. That is very welcome. We are delighted that, on 23 January, the Prime Minister announced that the UK would sign up to the trafficking convention and presumably give domestic legal effect to its provisions. The amendment is an attempt to probe the Government on this matter and to ask them whether they will introduce into UK law those provisions of the convention that are widely considered to be the most important to ensure that victims are willing and able to assist with criminal investigations and prosecutions of human trafficking. I look forward to the Minister's explanation on this matter. I beg to move.