Nationality and Borders Bill — Report (3rd Day) — Amendment 70 — 8 Mar 2022 at 19:28
Moved by Lord McColl of Dulwich
70: Clause 64, leave out Clause 64 and insert-“Conclusive grounds: support and leave to remain for victims of slavery or human traffickingAfter section 50A of the Modern Slavery Act 2015 insert-“50B Confirmed victims etc: assistance, support and leave to remain(1) This section applies if a positive conclusive grounds decision is made in respect of a person.(2) This subsection applies if the person has received support under section 50A and in that case-(a) the Secretary of State must continue to secure tailored assistance and support for that person at the end of the recovery period if they are in need of that assistance and support in accordance with subsection (2)(b);(b) a person who receives a positive conclusive grounds decision must be considered in need of assistance and support under subsection (2)(a) for at least 12 months beginning on the day the recovery period ends;(c) a reference in this subsection to assistance and support has the same meaning as in section 50A(6).(3) If the person is not a British citizen-(a) the Secretary of State must give the person leave to remain in the United Kingdom if subsection (2) or (4) or (5) applies;(b) leave to remain provided under this subsection must be provided from the day on which the positive conclusive grounds decision is communicated to a person for either-(i) the amount of time support and assistance will be provided under either subsection (2) or one of the measures listed in subsection (4), or (ii) at least 12 months if the person meets one or more of the criteria in subsection (5).(4) This subsection applies if the person receives support and assistance under one of the following-(a) section 18(9) of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015,(b) section 9(3)(c) of the Human Trafficking and Exploitation (Scotland) Act 2015, or(c) regulation 3(4)(c) of the Human Trafficking and Exploitation (Scotland) Act 2015 (Support for Victims) Regulations 2018 (S.S.I 2018/90).(5) This subsection applies if the person meets one or more of the following criteria-(a) leave is necessary due to the person’s circumstances, including but not restricted to-(i) the needs of that person for safety and protection from harm including protection from re-trafficking,(ii) the needs of that person for medical and psychological treatment;(b) the person is co-operating with a public authority in connection with an investigation or criminal proceedings;(c) the person is seeking compensation.(6) Where the person is receiving assistance from a support worker the recommendations of the support worker must be considered in assessing that person’s circumstances under subsection (5)(a).(7) The Secretary of State must provide for persons granted leave to remain in accordance with this section to have recourse to public funds for the duration of the period of leave.(8) The Secretary of State must allow a grant of leave to remain under subsection (3) to be extended subject to the requirements of subsection (10).(9) In determining whether to extend a grant of leave to remain under subsection (8), and the period of time for which such extended leave should be provided, the person’s individual circumstances must be considered, and whether that person-(a) is receiving on-going support and assistance under the measures set out in either subsection (2) or subsection (4), or(b) meets one or more of the criteria in subsection (5).(10) If the Secretary of State is satisfied that the person is a threat to public order-(a) the Secretary of State is not required to give the person leave under this section, and(b) if such leave has already been given to the person, it may be revoked.(11) The best interests of the child must be a primary consideration when making decisions under this section in respect of a child.(12) In this section-“positive conclusive grounds decision” means a decision made by a competent authority that a person is a victim of slavery or human trafficking;“threat to public order” has the same meaning as in subsections (3) to (7) of section 62 of the Nationality and Borders Act 2022 (identified potential victims etc: disqualification from protection).(13) This section is to be treated for the purposes of section 3 of the Immigration Act 1971 as if it were provision made by that Act.””Member’s explanatory statementThis replacement clause would provide new statutory support for victims in England and Wales after a conclusive grounds decision for at least 12 months. It would also provide temporary leave to remain for all victims receiving support after a positive conclusive grounds decision and for victims meeting the requirements of Article 14 of the Trafficking Convention. It specifies decisions for children should be made on the basis of their best interests.
Ayes 207, Noes 123.
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