UPDATE, Friday 7th February: Hope for Justice has made several recommendations for MPs ahead of the bill’s second reading.
On Monday (10th February), MPs will have their first opportunity to debate and vote on the new Border Security, Asylum and Immigration Bill at its second reading in Parliament.
Ahead of this stage, Hope for Justice has issued a briefing to MPs, making a number of recommendations in response to the proposed law.
We welcome the steps taken by the Government to reinstate protections for survivors of modern slavery which have been greatly diminished in recent years. For example, ending the Rwanda plan and repealing many of the provisions of the Illegal Migration Act 2023 that sought to limit access to protection and support for survivors of modern slavery.
Houses of Parliament. Image, Unsplash
But there is more work to be done, and we look forward to working with the Government and MPs from all parties to deliver an effective and sustainable approach to preventing modern slavery. Time and again we have seen that criminalising victims is deeply damaging to the individual and to efforts to prevent exploitation. If we are to succeed, we must look at where laws and policies have actually created vulnerability to exploitation, and we must prioritise safeguarding and support for survivors, empowering them to share about their experience and to work with law enforcement to see traffickers held to account.
We must ensure that the rights of survivors and those at risk of modern slavery are adequately protected. This includes ensuring that survivors are not disqualified from systems designed to identify and protect them, are not subject to detention and that their international rights are upheld.
Our recommendations are for the Government to:
- Repeal the remaining provisions of the Illegal Migration Act 2023 and the Nationality and Borders Act 2022: The Nationality and Borders Act and Illegal Migration Act undermined and removed certain survivors’ rights to support and heightened vulnerability amongst other at-risk groups. The Border Security, Asylum and Immigration Bill does not address problems created by the 2022 Act and retains the public order disqualification which was expanded significantly by the 2023 Act.
- Directly incorporate the Council of Europe Convention on Action against Trafficking in Human Beings (ECAT) into domestic law: To bring clarity and certainty both to survivors’ rights and state responsibilities, ECAT must be directly incorporated into domestic legislation. This would bring an end to the current piecemeal approach to preventing exploitation and survivor protection and signal the UK’s commitment to adhering to the highest standards in international law.
- Guarantee Survivors’ Access to Independent Modern Slavery Advocacy: Survivors of modern slavery face many barriers to justice throughout their journey of recovery. This legislation underlines the importance of ensuring that all survivors, regardless of nationality, have access to safeguarding, support and an Independent Modern Slavery Advocate® to help them assert their rights and needs as they navigate complex and intimidating systems.
- Enable secure reporting: By its very nature, modern slavery presents few opportunities for those suffering exploitation to disclose their abuse and seek protection. Survivors must feel safe to report exploitation and abuse, regardless of their immigration status. This requires a mechanism for secure reporting through which safeguarding is prioritised over immigration enforcement.
Border Security, Asylum and Immigration Bill: Our response
The UK Government introduced into Parliament today (Thursday 30th January) its Border Security, Asylum and Immigration Bill. Hope for Justice’s response to the content of the Bill is below:
We welcome the steps taken by the government within the Border Security, Asylum and Immigration Bill to end the Rwanda plan and repeal many of the provisions of the Illegal Migration Act 2023 that sought to limit access to protection and support for survivors of modern slavery.
There is more to be done to ensure the rights of survivors and those at risk of modern slavery are adequately protected. This includes ensuring that survivors are not disqualified from systems designed to identify and protect them, are not subject to detention and that their international rights are upheld.
The Government must of course take action to disrupt trafficking networks and to prevent exploitation. However, there is an urgent need to address the multitude of challenges within the immigration and asylum systems which create the conditions for traffickers to exploit people in vulnerable positions.
Many of those who are exploited in the UK arrived here legally only to be forced into conditions of modern slavery by their employer: visa schemes which make workers’ immigration status dependent on their employer create an environment for exploitation to go unreported. Many who arrive in the UK by irregular routes are in an extremely precarious position. Those who are trafficked have often been deceived into coming into the UK including being lied to about their real immigration status. They may have been exploited by traffickers en route and be at risk of further significant harm.
Law and policy must comply with international law, which upholds the human rights of survivors. It must be shaped by those with lived and learned experience. It is therefore disappointing that, prior to the Border Security, Asylum and Immigration Bill’s introduction, no formal consultation was carried out with survivors and those working with them in their recovery. We would have welcomed the opportunity to contribute to the development of the Bill and share the impact of other recent legislation which has diminished survivors’ rights, including the challenges arising from the Nationality and Borders Act 2022.
Survivors of modern slavery face many barriers to justice throughout their journey of recovery, and even in reporting their experience to authorities. This legislation underlines the importance of ensuring that all survivors have access to safeguarding, support and an Independent Modern Slavery Advocate to help them assert their rights and needs as they navigate complex and intimidating systems.
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