§ Lord Roberts of Llandudnoasked Her Majesty's Government:
What plans they have to publish further guidelines on how to deal with suspected human trafficking. [HL219]
§ Baroness Scotland of AsthalThe Government are committed to ensuring guidance is available on how to deal with cases where human trafficking is suspected.
The Home Office has already published a best practice toolkit on trafficking that acts as a guide for immigration officers, police and other professionals who might potentially deal with the victims of trafficking, whether they are adults or children. In particular, it helps those concerned to treat victims of trafficking fairly and appropriately. This toolkit is available on the Internet, and the paper version was updated and republished at the beginning of this year.
All immigration officers who work on the immigration vice teams receive specially designed training and a period of one-to-one mentoring. This ensures that they are aware of issues relating to human trafficking. The Immigration Service has also issued a best practice guide that provides guidance on what immigration officers should do if they identify suspected trafficking at ports.
The Association of Chief Police Officers has produced internal guidance on trafficking called Trafficking of Human Beings for Sexual Exploitation: An Investigators Guide
In addition, the National Centre for Policing Excellence is publishing a best practice guide on the Use of Immigration Powers Against Crime in the next few weeks. This provides information to the police on trafficking and guidance on the use of immigration legislation including trafficking offences.
We will keep the need for further guidance under review.
§ Lord Roberts of Llandudnoasked Her Majesty's Government:
What are the basic qualifications required for human trafficking caseworkers in the United Kingdom. [HL220]
§ Baroness Scotland of AsthalThe minimum qualifications required for caseworkers recruited by external competition who consider asylum claims are38WA two A-levels and five GCSEs including English. All such caseworkers receive comprehensive training, including how to question applicants about their journey to the United Kingdom, which may include trafficking issues, and how to deal with victims of torture and other forms of serious abuse such as trafficking.
§ Lord Roberts of Llandudnoasked Her Majesty's Government:
Whether they will ensure that female legal representation is made available at the initial interview of victims in cases where human trafficking has been suspected. [HL221]
§ Baroness Scotland of AsthalWhile every effort is made to ensure that interviews are conducted in a manner that is appropriate and professional, it would not be possible to guarantee that female legal representation is available. Where individuals are arrested during the course of police or immigration operations, they are taken to the police station to be interviewed. They have the right to speak to an independent solicitor, free of charge, via the Duty Solicitor scheme. This is an independent scheme and the Immigration Service has no control over who is sent to represent the victim. Alternatively, the victim may request that a solicitor of her choice is called to represent her.
Where a victim of trafficking is supported under the Poppy Project, interviews are conducted at the properties of Eaves Housing. It is open to the individual to have a legal representative present, and this would be organised by the victim, or representatives from the project, and would be of their choosing. In addition the Immigration Service will, wherever possible, provide female interpreters to assist with the interview.
§ Lord Roberts of Llandudnoasked Her Majesty's Government:
How many times they have withdrawn objections to asylum applicants where it is suspected that the applicant has been the victim of human trafficking. [HL222]
§ Baroness Scotland of AsthalAsylum applications from victims of trafficking are, as with all such applications, considered on their individual merits. Caseworkers will decide whether the applicant has demonstrated a well-founded fear of persecution in their country for the reasons set out in the 1951 Convention relating to the Status of Refugees. If the applicant does not qualify for refugee status consideration will be given to whether they qualify for humanitarian protection or discretionary leave. The consideration of both humanitarian protection and discretionary leave will include an assessment of whether the applicant's human rights would be infringed were they to be removed from the UK.
39WAThroughout the consideration process any information relating to trafficking would be taken into account, alongside all the other factors relating to the application. This includes information submitted before or after an initial decision on the application.
Some form of limited leave will normally be granted only because of a future risk to an individual. However, there is discretion to grant limited leave to a person in other exceptional circumstances, for example to enable a victim of human trafficking, who is a witness in criminal proceedings, to give evidence in those proceedings.
Statistics are not published on the reasons for which refugee status, humanitarian protection or discretionary leave are granted.