HC Deb 15 January 2004 vol 416 cc888-91W
Mr. Clapham

To ask the Secretary of State for the Home Department what recent discussions he has had with his EU counterparts on the harmonisation of legislation and penalties for people trafficking. [147319]

Beverley Hughes

The United Kingdom was closely involved in the drafting of the Protocol to Prevent, Suppress and Punish Trafficking in Persons which supplements the United Nations Convention against Trans-National Organised Crime. This requires countries which are signatories to adopt legislation to establish "trafficking in persons" as a criminal offence. The UK was also fully involved in discussions on the subsequent EU Council Framework Decision on Combating Trafficking in Human Beings. This requires all member states to ensure that trafficking for the purposes of labour exploitation or any form of sexual exploitation are punishable by terms of imprisonment with a maximum penalty that is not less than eight years.

We have acted quickly to deal with the worst forms of exploitation by creating an offence of trafficking for the purposes of controlling someone in prostitution within the Nationality, Immigration, and Asylum Act 2002, carrying a maximum penalty of 14 years. More comprehensive offences concerning trafficking into, within or out of the UK for the purposes of sexual exploitation are included in the Sexual Offences Act 2003, these also carry a maximum sentence of 14 years.

A new offence covering trafficking for forced labour and removal of organs is included in the Asylum and Immigration Bill, which is currently before Parliament. Once this offence is in force the UK will be able to ratify the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons.

Mr. Clapham

To ask the Secretary of State for the Home Department (1) what measures he is taking to protect victims of people trafficking who come forward to the relevant authorities; and what measures are available to allow the grant of an appropriate legal status to such people to enable their rehabilitation and integration into UK society; [147321]

(2) what plans he has for an information campaign to encourage the victims of people trafficking to come forward. [147320]

Beverley Hughes

The White Paper "Secure Borders, Safe Haven: integration with diversity within modern Britain"—published in February 2002—sets out our general proposals for assisting the victims of human trafficking. In particular a commitment was made that… where such people (victims of trafficking) are willing to come forward to the authorities, we shall make special arrangements for their protection".

We are committed to helping the victims of human trafficking. On 10 March 2003, we launched a pilot scheme under which, adult female victims of trafficking for purpose of sexual exploitation, who are willing to come forward to the authorities and help law enforcement against organised criminals are offered protection and a range of support services, such as counselling and health checks in safe accommodation managed by a voluntary sector organisation.

The pilot scheme ended on 31 December, and in its place we have established the protection and support as a service stream of support to victims until the end of the financial year 2004–05. Although limited, the service will meet the current identified needs in the London area of adult women trafficked into the UK for purposes of sexual exploitation.

Through the pilot scheme in partnership with a Non-Government Organisation (NGO) we have developed a communication strategy that is to be launched early in March. It is multi-dimensional and aimed specifically at three target audiences—increasing general public awareness, potential victim awareness and reaching trafficked women who have not been identified. We are developing a range of approaches including posters, networking with agencies (Health, Social Care and Housing providers), multi-disciplinary training and media profiling.

The communication strategy will be run as part of the service providing accommodation and support to victims in the London area. We will consider its impact and potential for a wider campaign as part of the evaluation of the scheme.

We will continue to consider victims' legal status on a case by case basis. We acknowledge that, if they do cooperate with the authorities, they may risk reprisals against themselves or their families' abroad. We will consider, in the light of individual circumstances, whether it would be appropriate to allow them to remain here. But if they are not entitled to remain, and it is not appropriate to let them stay, then they must be returned to their country wherever possible. To do otherwise would undermine our immigration law.

Mr. Clapham

To ask the Secretary of State for the Home Department what discussions he has had with his EU counterparts about tackling the cause of people trafficking through(a) socio-economic co-operation and (b) training packages for police and government officials in (i) transit countries and (ii) the countries of origin of those trafficked. [147322]

Beverley Hughes

The United Kingdom was closely involved in the drafting of the Protocol to Prevent, Suppress and Punish Trafficking in Persons which supplements the United Nations Convention against Trans-National Organised Crime. Article 9 of this refers to the need for social and economic initiatives, and Article 10 encourages the provision of training for law enforcement or other relevant officials. There have been a number of subsequent discussions at EU level to encourage the ratification of the UN Protocol. These have recognised that an effective strategy to combat human trafficking must include both preventative action to tackle the causes of trafficking, and training and capacity building in source and transit countries.

The UK is also contributing to, and has been involved in discussion about, the European Commission five-year (2003–07) AGIS funding programme. This will provide funding for projects in the field of police and judicial co-operation, focusing on combating organised crime, including organised immigration crime, and encouraging co-operation between law enforcement agencies. This funding provides an opportunity for member states to work together, or with new or candidate member states, to share expertise.

Funding under the EU Phare scheme is also available to member states for projects involving training for police personnel on organised crime. On 1 August 2003 the UK successfully bid for an 18-month twinning project in the Czech Republic, under this programme. The overarching aims of this project are to strengthen the fight and preventive measures against illegal trafficking and organised prostitution, to reduce the number of persons trafficked in the Czech Republic and to strengthen the capacity of law enforcement bodies to combat trafficking.

Tackling human trafficking in source and transit countries is an important element of the UK's strategy and alongside building on bilateral law enforcement to this end, the UK has provided funding for projects aiming to raise awareness and prevent trafficking.

Mr. Clapham

To ask the Secretary of State for the Home Department (1) how many convictions for people trafficking there have been in the UK in the last 30 years; and whether in each case the victims were(a) illegal immigrants intended for the sex trade or (b) babies or children to be sold on for adoption; [147316]

(2) how many people have been convicted under section 145 of the Nationality, Immigration and Asylum Act 2002; and what sentences those convicted under this law have received; [147317]

(3) how many people traffickers have been convicted in the UK under laws other than the Nationality, Immigration and Asylum Act 2002 in the last decade. [147318]

Beverley Hughes

The Nationality, Immigration and Asylum Act 2002 received Royal Assent in November 2002, and sections 145 and 146, which cover trafficking for the purposes of sexual exploitation, came into force on 10 February 2003. Data on numbers of prosecutions under these sections will be collected and published in due course. Given that the powers came into effect very recently, there is not any information yet held centrally about numbers of prosecutions. Statistics of court proceedings for 2003 will be published in the autumn of 2004. The maximum sentence for this offence will be 14 years.

Prior to the introduction of the Nationality, Immigration and Asylum Act, there was no specific offence under which people traffickers could be prosecuted. In 2000, the Government established a multi-agency taskforce called Reflex, to co-ordinate the UK's operational response to organised immigration crime. Under Reflex, a number of organised crime gangs involved in the smuggling or trafficking of people have been disrupted. Traffickers have been prosecuted for associated offences, for example, facilitation of illegal entry or living off immoral earnings, where trafficking has been for the purposes of prostitution. However, comprehensive figures are not currently available centrally on the numbers of convictions for associated offences which relate to trafficking. It is therefore not possible to give figures relating to convictions for people traffickers for the last 30 years or provide a breakdown of data relating to victims in cases of trafficking.

Forward to