Trafficking for Sexual Exploitation: Redress (Hansard, 17 July 2001)

§ Lord Rooker

There is currently no specific offence of trafficking in human beings but there are legislative provisions which may be used to prosecute those involved in trafficking into the United Kingdom for the purposes of prostitution.Setting the Boundaries, the report of a review of sexual offences, recommends that a specific offence of trafficking in human beings for the purposes of commercial sexual exploitation should be created. The responses to consultation on that review's recommendations are currently being analysed.

Existing legislation deals with many of the individual elements which constitute trafficking. In bringing any criminal prosecution, the evidential contribution of witnesses is crucial and this Government are keen to ensure that a safe environment exists in which potential witnesses can feel confident to come forward and give evidence against traffickers. There is no automatic right to temporary or permanent residence for those witnesses whose presence in the United Kingdom is unlawful. The Immigration Act 1971 (as amended), however, makes provision for the Secretary of State to exercise his discretion in appropriate circumstances to grant exceptional leave to enter or remain outside the normal provisions of the Immigration Rules. If the Police and/or Crown Prosecution Service identify a potential witness whose presence at court they wish to secure and who would otherwise fall to be removed from the United Kingdom, an application is made to the Secretary of State to consider whether to exercise his discretion to treat them outside the Immigration Rules in order to allow them to remain during the course of judicial proceedings. Each application is considered individually on its merits.

We are also considering what needs to be done to create the circumstances in which a non-governmental organisation could be formed which would provide support and advice to the victims of trafficking for sexual exploitation.