Nationality and Borders Bill — Clause 58 — Late Compliance with Slavery or Trafficking Information Notice: Damage to Credibility — 22 Mar 2022 at 19:18

The majority of MPs voted to consider asylum seekers who fail, when requested, to provide information relating to them being a victim of slavery or trafficking within a set time-limit, to have reduced credibility, unless there is a good reason for the delay in providing information.

MPs were considering the Nationality and Borders Bill.^[1][2][3]

The motion supported by the majority of MPs in this vote was:

That this House disagrees with Lords amendment 24.

Lords amendment 24 stated^[4]:

• Leave out Clause 58

Explanatory notes to the Bill explain the purpose of Clause 58^[3]:

• This clause sets out the consequence if an individual who has been served with a slavery or trafficking information notice under Clause 57, provides information relating to being a victim of modern slavery after the specified time period, without good reason.

Explanatory notes to the Lords Amendment rejected in this vote state^[5]:

• The Lords voted to remove Clause 58 entirely from the Bill, which would have set out the consequence if an individual who has been served with a slavery or trafficking information notice under Clause 57, provided information relating to being a victim of modern slavery after the specified time period, without good reason

Clause 57 of the Bill^[3] provided that a slavery or trafficking information notice may be served on someone who has made a protection claim or a human rights claim requiring them to provide, by a certain date, information which can be used to assess if they are a victim of slavery or trafficking.

Clause 58 of the Bill^[3] provided that late provision of information should be interpreted as damaging the person’s credibility unless there are good reasons why the information was provided late.

Explanatory notes to Clause 58 of the Bill^[3] set out the issue the Government was seeking to address with the provisions:

• Modern slavery matters are frequently raised after asylum or human rights grounds for remaining in the UK have been refused. This can also occur at the point of removal leading to that removal being delayed. Inappropriate use of detention and failed removal action results in costs to the Home Office and wider government, which could be prevented if all grounds are raised at the earliest point in the process

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• [1] Parliament's webpage on the Nationality and Borders Bill, Parliament.uk
• [2] Nationality and Borders Bill, as brought to the House of Lords, from the Commons, on 9 December 2021, Parliament.uk
• [3] Explanatory notes to the Nationality and Borders Bill, as brought to the House of Lords, from the Commons, on 9 December 2021, Parliament.uk
• [4] Lords amendments to the Nationality and Borders Bill 15 March 2022, Parliament.uk
• [5] Explanatory notes on Lords amendments to the Nationality and Borders Bill 21 March 2022, Parliament.uk

Debate in Parliament |