Protection of Freedoms Bill

My Lords, I welcome the fact that the Government are moving swiftly to give effect to certain requirements in the EU directive on human trafficking. The Minister was kind enough to write to me about this matter further to my own trafficking Bill, which, incidentally, goes a little further than the EU directive in a number of key respects and had its Second Reading in November last year. As the Minister has stated, Britain is already largely compliant with the directive, although the areas of our non-compliance certainly make opting in very worth while, and I am glad that we have done so. However, having carefully examined the directive clause by clause and the current level of UK compliance, I have to say that I think there is a need for legal changes in other areas above and beyond those accommodated by the Minister’s amendments. The noble and learned Baroness, Lady Butler-Sloss, regrets that she had to leave this session early but she will propose appropriate amendments next week during the passage of the LASPO Bill. Of course, I understand that the Government may well address all these other areas through secondary legislation and operational matters, as the Minister has said. However, having looked at the other areas of non-compliance, I am rather struggling to see how they can all be adequately addressed in this way. I will not try to list all the relevant areas now, but they include, for instance, implementing Article 2(3) on the definition of exploitation and Article 2.4 on the legal definition of consent for adults. Then there are provisions in Articles 12.4, 15.3 to 15.5 and others to ensure witness protection during criminal investigation and proceedings. Would the Minister be good enough to write to me outlining in some detail the areas where he intends to introduce secondary legislation and operational measures to achieve complete compliance, and would he place a copy of the letter in the Library? As well as questions about what the amendments do not address, I also have a question about the drafting of the new clauses. Specifically, it is not clear to me whether the requirement under the EU directive for businesses as well as individuals falls within the scope of trafficking legislation and is upheld by the proposed changes. I would be grateful if the Minister could address that concern in his response. Finally, while the Government are taking steps today to become compliant with the directive, I am concerned that they may be taking steps elsewhere that will make us non-compliant. The provision of legal representation for victims of trafficking, including for claiming compensation, is necessary if we are to be compliant with Articles 12.2 and 15.2 of the directive. However, civil legal aid for claiming compensation under the Criminal Injuries Compensation Scheme is specifically excluded under Schedule 1, part 2, paragraph 16 of the legal aid Bill that is currently being considered in Committee. As it stands, unless there is some other mechanism that the Government have in place for trafficking victims to claim compensation, I think that they may be in breach of the EU directive on this point. I would be grateful to the Minister if he could allay my concerns. I conclude by welcoming again the fact that the Government are taking steps today to help Britain become compliant with the directive. For the reasons I have explained, however, their actions also prompt a good many questions, and I look forward to the Minister’s answer. I say in closing that I very much hope that my own trafficking Bill will soon be granted its Committee stage so that we can debate in greater detail its key provisions, which go beyond the directive.