My Lords, in consideration of the flight of the noble Lord, Lord Morrow, I start by addressing Amendment 171B. ECAT sets clear parameters around when a signatory state is obliged to grant a residence permit to confirmed victims, which is where it considers that the stay is necessary either due to the confirmed victim’s personal situation or for the purpose of their co-operation with the competent authorities in an investigation or criminal proceedings. The Government have gone further than this and provided for a grant of leave not only on both of these bases, but also where it is necessary to enable a confirmed victim to seek compensation in respect of their exploitation.
A temporary leave provision is deliberately designed to allow for leave to be provided for as long as needed, where appropriate. It will be considered on a case-by-case basis and does not set an arbitrary time period. To specify a length of leave does not follow our overall approach of having a truly needs-based approach to addressing victim support. If it is necessary for leave to be granted for longer than 12 months in order to pursue a thorough investigation, or where an individual’s personal circumstances require it, leave can and should be granted.
I turn next to Amendments 169A, 170 and 170A. In Clause 63 we have sought to define the support entitlement during the recovery period for potential victims following a positive reasonable-grounds decision. Amendment 169A, however, would remove clarity on what these terms mean for victims and decision-makers and reduce the effectiveness of the clause in supporting victims. Our approach to the wording of Clause 63 has been chosen specifically to provide more detail on the circumstances in which support is provided, while being in line with our international obligations. Our approach is not to go into detail on the types of support provided for in legislation, as Amendment 170A suggests, but to do this in guidance, the purpose being to ensure flexibility in our approach in future, so this can be tailored to victims’ needs as our understanding of trauma develops.
I refer your Lordships to remarks made earlier in the debate that understanding the impact and the effect of trauma on individuals is an ongoing and developing thing.
Further to this, and in response to a matter raised by the noble Lord, Lord Alton of Liverpool, where necessary, all those who receive a positive conclusive-grounds decision and are in need of tailored support will receive appropriate individualised support for a minimum of 12 months. We committed to this in the other place and will consider where and how this commitment is delivered to ensure that it delivers best for victims. More details will be provided in guidance or in future modern slavery legislation, should parliamentary time allow. My noble friend Lord McColl of Dulwich has been given that assurance by the Home Office Minister. The Home Office and, in particular, my noble friend Lady Williams are keen to continue working with the noble Lord on the implementation of this policy.
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We appreciate the push to put this into legislation at the earliest opportunity, but we do not agree that this Bill, with its focus on immigration is the most appropriate place to do so. As such, given the commitment made in the other place, we do not consider Amendment 170 necessary, and I assure my noble friend that this is not an attempt to wriggle out of our commitment.
I turn next to Amendments 170B, 171A, 171, 171AA and 172, all of which relate to Clause 64. I refer again to the remarks made by all the noble Lords who spoke on these matters and thank them for their contributions to this debate. The Government are committed to ensuring that the victims of modern slavery eligible for a grant of leave to remain receive it. We have committed to this through Clause 64, which sets out, for the first time in primary legislation, the circumstances in which a confirmed victim of modern slavery must be granted modern slavery-specific temporary leave to remain. Clause 64 is in line with our international obligations as set out in Article 14 of ECAT and clarifies the policy currently set out in guidance. We have been clear from the start that this clause is designed deliberately to allow for leave to be provided for as long as it is needed, where appropriate, and the length of leave will be considered on a case-by-case basis. In answer to my noble friend Lord McColl, to specify the length of leave as Amendments 170B and 171A seek to do, either for 12 months or for the duration of the assistance and support that a victim is receiving, does not follow our overall approach of having a truly needs-based approach to the support of victims.
Clause 64 will clarify, in primary legislation, the obligations set out in Article 14 and Her Majesty’s Government’s discretionary leave policy, as currently set out in guidance. Confirmed victims of all ages, including children, who do not have immigration status, will be automatically considered for temporary leave. A grant of temporary leave to remain for victims of modern slavery does not prohibit them being granted another, more advantageous form of leave, should they qualify for that. It continues to be a core principle of our approach to modern slavery that support provided in the UK should be available only to victims who need it.
Adverse comparison was drawn between the situation in England and Wales and that in Northern Ireland and Scotland. As the noble Lord, Lord Morrow, alluded to, the matter of support is devolved to the devolved Administrations.
We agree that the primary aim here is to provide clarity and certainty about the circumstances in which they are eligible for a grant of temporary leave to remain. Amendment 171 would, by contrast, reduce clarity by providing that leave should be granted where necessary to assist the individual in their personal situation, within ECAT. Clause 64 addresses this critical issue by defining the scope of this entitlement. The noble Lord, Lord McColl, chided the Government for not getting on with it. The Minister in the other place, Rachel Maclean, has given the commitment and we are getting on with it. As my Zulu is on a merely conversational basis, I will not attempt in this place to answer the noble Lord in kind.
I turn to Amendments 171AA and 172. Clause 64 applies to victims of all ages, including children, who do not have immigration status. They will be considered automatically for temporary leave. Decision-makers are fully trained in making all leave to remain decisions, including considering all information to assess the best interests of the child, as well as to account for the need to safeguard and promote the welfare of children.
In answer to a matter raised by the noble Lord, Lord Alton of Liverpool, Clause 63 provides that the Secretary of State must secure support.
We will continue to comply with our duties under Section 55 of the Borders, Citizenship and Immigration Act 2009 to safeguard and promote the welfare of children and make it clear in the Immigration Rules that this is the primary consideration. We will also ensure that children continue to be supported and protected through existing mechanisms in local authorities.
Amendment 171 would remove the statutory clarification around when leave is deemed necessary, an important consideration provided for by Article 14 of ECAT. This would reduce clarity for victims and decision-makers. We must remember that an individual in receipt of a positive conclusive grounds decision has already had the benefit of the recovery and reflection period and any necessary support it provided. Leave under ECAT is not intended to be a path to settlement but a tool to aid recovery or to enable an individual to co-operate with the competent authorities in investigation or criminal proceedings, returning to my answer at the outset to the noble Lord, Lord Morrow. ECAT provides that leave need only be granted where it is “necessary” and it is therefore right that we consider whether any further support required following the conclusive grounds decision can be met in a third country. This approach enables us to focus our support provision on those victims in the UK who are genuinely in need.
For the reasons I have outlined, I ask the noble Lord at this stage to withdraw his amendment.