My Lords, I am very aware that those who push against an open door are liable to fall on their face. I suppose the trouble here is that we do not know how open the door is, given the assurance that the Minister made. However, having regard to the way he responded so humanely to the Second Reading of the Bill brought by the noble Lord, Lord McColl, on 25 November and the amendments that the Government have subsequently made, we can be confident that he will be doing his very best concerning this evil practice and to ensure that the real needs of this vulnerable section will be adequately met. We give two cheers at the moment—we hope that there will be three cheers—but I suppose that there is a problem in how the report of the Children's Commissioner will be put into legislation, given that it will presumably be received well after this Parliament has ended. Perhaps the Minister could comment on that point.
I also congratulate the noble Lord, Lord McColl, who, as has already been said by my noble friend Lord Judd, has shown his own compassion in West Africa by his presidency of Mercy Ships. He has indeed shown himself to be committed and flexible; for example, he has listened to concerns about the former subsection (1)(c), which in my judgment could certainly have been misused for illegal immigration. The key point in subsection (1) is that the main consideration is the welfare of the child. There is no doubt about the nature of the problem. They are bewildered, vulnerable children. The Children's Commissioner's report of last month, Landing in Dover, shows some of the failings of the current system. I am sure the Minister concedes that that system is far from adequate. We need to confront it. The noble Lord, Lord McColl, has put forward a proposal that might help the Minister in terms of public funds. It may be that local social services departments can provide adequate help but, if not, the voluntary spirit will be available, as the noble Lord, Lord Wei, said.
Clearly, there are concerns about the potential volunteers. Is the problem manageable? I submit that it is, given the relatively small number of children who are trafficked. Equally, there must be some concerns about the adequacy of the training. I do not wholly accept the precedent of magistrates. Yes, magistrates are amateur, but they have training and the legal clerk is always there to advise them on the law. The volunteers, it is said, are available and there is a great spirit on the part of non-governmental organisations to be ready to help. I hope that the training will indeed be adequate. Of course many social workers do not in any event have specialist training in this field.
That said, we travel in hope. I believe that the Government and indeed the noble Lord, Lord McColl, whom I congratulate again, have set out proper criteria based on the UNICEF guidance. I believe also that Greco —the Council of Europe organisation which is going to mark the Government in terms of their adherence to the obligations under the Council of Europe convention—is more likely to give a very positive report when it comes to comment on the Government's conduct in May or June of this year.
Protection of Freedoms Bill
Proceeding contribution from
Lord Anderson of Swansea
(Labour)
in the House of Lords on Wednesday, 15 February 2012.
It occurred during Debate on bills on Protection of Freedoms Bill.
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