Protection of Freedoms Bill

My Lords, I, too, support the amendment so comprehensively and competently set out by the noble Lord, Lord McColl, the noble and learned Baroness, Lady Butler-Sloss, and the noble Baroness, Lady Hamwee. I do not want to put the Minister in an embarrassing position. I know that he supports issues on trafficking because he has responded very sympathetically to previous debates. I agree that the Children's Commissioner is a good person to handle this, but I would like to be assured that there will be specific terms of reference, with possible extra resourcing. The commissioner must be able to draw on the expertise of organisations such Barnardo’s, UNICEF, and CARE that have done so much research on this issue. The most reverend Primate the Archbishop of York mentioned the long grass in his closing remarks. I always fear long grass when we have reviews and I would not want this to go into the long grass in any respect. Your Lordships' House has debated and been concerned about the trafficking of children for many years. Indeed, there have been relevant debates quite recently, including the Private Member's Bill of the noble Lord, Lord McColl, and the debate of the noble and right reverend Lord, Lord Eames. The Minister responded sympathetically. I also recognise that much has been done by the local safeguarding boards, NGOs and the police in response to accommodation support, safety and employment needs. But I want to dwell for a moment, and I shall be brief, on the appalling state that trafficked young people find themselves in and why they need such support. I declare an interest as a patron of the University of Bedfordshire child protection unit. In that capacity, I have met many young people who have been trafficked and who can and do set out their problems passionately. The concerns are well documented in the ECPAT booklet called Safeguarding Children: Top Ten Questions on Child Trafficking. One of the key issues that has been pointed out by other organisations such as CARE, Barnardo’s and UNICEF, is that children who are trafficked are, "““already vulnerable because of poverty, lack of education, few job opportunities or the loss of family support””." I will return to that because it is a key issue. These children are likely to go missing, although I understand the figure has improved. They are certainly vulnerable to abuse and subject to abuse very regularly. Most have language and communication difficulties. Of course they need support and advocacy as they are in a system that is too complex for them to understand. The UN Committee on the Rights of the Child recommends the prompt appointment of a guardian for unaccompanied children and says succinctly what such a person should do. Such a person should be consulted and informed about actions relevant to the child, have the authority to represent the child when plans or decisions are made, have expertise in childcare so as to protect the best interests of the child, act as a link between specialist agencies or individuals and provide continuity of care. I want to emphasise the point that so many noble Lords have already emphasised. It is very important that such an advocate, guardian or mentor must have training and expertise in dealing with children and their vulnerabilities. This requires training not just in systems but with vulnerable young people. We all know how difficult it sometimes is to deal with children who have not been trafficked. How much more difficult is it to deal with children who are in such appalling circumstances? I emphasise the issue of training and suitability for the people who want to support these children. UNICEF has produced a similar list of 12 expectations on the role of guardians, including keeping the child informed of rights and any proceedings undertaken. Care points out that while the Government may maintain that the role of guardian is adequately filled by existing arrangements, current social work provisions via local authority care, as the noble and learned Baroness, Lady Butler-Sloss, has said, fall short of the care that is needed. Apparently, in some cases, appointed social workers have not shown up to children's court proceedings. I have enormous respect for social workers, but they cannot do everything. The situation is far from ideal. We know that social workers and CAFCASS are overwhelmed with needy cases. Surely these trafficked children need more support and our sympathy. I am sure that the Children's Commissioner and her office will take this on board but my key point is that child victims of trafficking have multiple needs. It is not just about preventing them from disappearing. There are immigration issues, emotional and psychological trauma, absence of parents and other support. All that points to the need for a person who can get to know the child as an individual, can cope with the trauma, is familiar with the legal and social care systems and is trusted and respected by the child. A guardian or mentor is such a person. I look forward to the Minister's response on this and to more information if possible on the role of the Children's Commissioner.