Nationality and Borders Bill — Clause 64 — Conclusive Grounds: Support and Leave to Remain for Victims of Slavery or Human Trafficking — 22 Mar 2022 at 19:18

The majority of MPs voted against allowing victims of slavery or human trafficking to stay in the United Kingdom for at least a year, and against providing them with the support and assistance they require.

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 26.

Lords amendment 26 began^[4]:

• Leave out Clause 64 and insert—
• “Conclusive grounds: support and leave to remain for victims of slavery or human trafficking
• After 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).
• ...

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

• Amendment 26 sets out that statutory support is to be provided for a minimum of 12 months from the day the recovery period ends for all those in England and Wales who receive a positive Conclusive Grounds decision and have received support during the recovery period. It also seeks to provide leave to remain for confirmed victims of modern slavery for a minimum of 12 months, under certain circumstances. It also provides that if the Secretary of State is satisfied that the person is a threat to public order then leave under this section is not required to be given, or if already given, can be revoked.

Clause 64 of the Bill^[2][3] was titled: Leave to remain for victims of slavery or human trafficking and began:

• (1) This section applies if a positive conclusive grounds decision is made in respect of a person—
• (a) who is not a British citizen, and
• (b) who does not have leave to remain in the United Kingdom.
• (2) The Secretary of State must grant the person limited leave to remain in the United Kingdom if the Secretary of State considers it is necessary for the purpose of—
• (a) assisting the person in their recovery from any physical or psychological harm arising from the relevant exploitation,
• (b) enabling the person to seek compensation in respect of the relevant exploitation, or
• (c) enabling the person to co-operate with a public authority in connection with an investigation or criminal proceedings in respect of the relevant exploitation
• ...

The original clause required a victims of slavery or human trafficking to be given limited leave to remain in the United Kingdom if necessary, the alternative rejected in this vote provide for at least 12 months leave to remain and for assistance and support to be provided.

Clause 68 of the Bill^[2] includes a definition:

• “conclusive grounds decision” means a decision by a competent authority as to whether a person is a victim of slavery or human trafficking

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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 |