Human Trafficking

House of Lords House of Commons Joint Committee on Human Rights Human Trafficking Oral and written evidence Tuesday 26 January 2010 Mr Alan Campbell MP, Parliamentary Under Secretary of State, Home Office Ordered by The House of Lords to be printed 26 January 2010 Ordered by The House of Commons to be printed 26 January 2010 HL Paper 88 HC 326-i Published on 24 March 2010 by authority of the House of Lords and the House of Commons London: The Stationery Office Limited £0.00 Joint Committee on Human Rights The Joint Committee on Human Rights is appointed by the House of Lords and the House of Commons to consider matters relating to human rights in the United Kingdom (but excluding consideration of individual cases); proposals for remedial orders, draft remedial orders and remedial orders. The Joint Committee has a maximum of six Members appointed by each House, of whom the quorum for any formal proceedings is two from each House. Current membership HOUSE OF LORDS HOUSE OF COMMONS Lord Bowness Mr Andrew Dismore MP (Labour, Hendon) (Chairman) Lord Dubs Dr Evan Harris MP (Liberal Democrat, Oxford West & Baroness Falkner of Margravine Abingdon) Lord Morris of Handsworth OJ Ms Fiona MacTaggart MP (Labour, Slough) The Earl of Onslow Mr Virendra Sharma MP (Labour, Ealing, Southall) Baroness Prashar Mr Richard Shepherd MP (Conservative, Aldridge-Brownhills) Mr Edward Timpson MP (Conservative, Crewe & Nantwich) Powers The Committee has the power to require the submission of written evidence and documents, to examine witnesses, to meet at any time (except when Parliament is prorogued or dissolved), to adjourn from place to place, to appoint specialist advisers, and to make Reports to both Houses. The Lords Committee has power to agree with the Commons in the appointment of a Chairman. Publications The Reports and evidence of the Joint Committee are published by The Stationery Office by Order of the two Houses. All publications of the Committee (including press notices) are on the internet at www.parliament.uk/commons/selcom/hrhome.htm Contacts All correspondence should be addressed to The Clerk of the Joint Committee on Human Rights, Committee Office, House of Commons, 7 Millbank, London SW1P 3JA. The telephone number for general inquiries is: 020 7219 2467; the Committee's e-mail address is [email protected] List of witnesses Tuesday 26 January 2010 Page Mr Alan Campbell MP, Parliamentary Under Secretary of State, Home Office Ev 1 List of written evidence 1 Letter from Alan Campbell MP, Parliamentary Under Secretary of State, Home Office Ev 2 Memorandum from London Councils and the London SafeguardingChildren Board Joint Committee on Human Rights: Evidence Ev 1 Oral evidence Taken before the Joint Committee on Human Rights on Tuesday 26 January 2010 Members present: Mr Andrew Dismore, in the Chair Dubs, L Fiona Mactaggart Onslow, E Mr Virendra Sharma Dr Evan Harris Witness: Mr Alan Campbell MP, Parliamentary Under-Secretary of State, Home Office, gave evidence. Q1 Chairman: Good afternoon everybody and things by then. welcome to this evidence session of the Joint Select Mr Campbell: We will get it sooner if possible. Committee on Human Rights, with Alan Campbell, Parliamentary Under-Secretary of State at the Q4 Chairman: Have you done any work on other Home Office, looking at the issue of human aspects? You have talked about women who are trafficking. We have published two reports on the trafficked for sex purposes. What about children and subject of human trafficking during the course of this what about people who are trafficked for labour Parliament, in October 2006 and again in October purposes? 2007. It has been an issue that we have focused on Mr Campbell: Yes, we have been doing some scoping since then and it is an opportunity for us to follow work on labour trafficking. It is a relatively new up on some of the parts of that report with the concept compared to other forms of trafficking that Minister as the Parliament comes to an end. One of perhaps we know more about. We are conscious of the key issues we identified in our first report, and we the need, again, to get reliable and accurate figures, keep coming back to, is the lack of data on the which is why we are doing some scoping work on numbers of victims. I think you told the Home that, but it is not as advanced as the work that we are Affairs Committee last year that you hoped to have doing on women trafficked for sexual exploitation. some data by 2009. We are now in 2010. I think in Anthony Steen's debate last week you said that you Q5 Chairman: Looking at the statistics that are would be publishing it very soon. Perhaps you would available, as you say, the 4,000 figure was always a tell us how soon is "soon" and what is the reason for bit speculative and is now considered to be out-of- the delay and where you have got to? date. There have been suggestions that the figure is Mr Campbell: Thank you, Chairman, and thank you much higher and suggestions that the figure is much for inviting me. 2009 was certainly our aspiration lower and the same goes for the estimates regarding but it has taken slightly longer and I do apologise for the other forms of trafficking too. The Guardian that. The Home Office has worked on some research published quite a long article in October analysing from 2003 which gave a figure then of 4,000 women some of the arguments about the numbers. I think it was believed had been trafficked for sexual their conclusion was that the problem had been exploitation. That figure has been questioned and is somewhat overestimated. Do you think it has been certainly in need of update, and SO we commissioned overemphasised and overestimated the amount of some work which we hoped would have reported by time and effort that has gone into the question of the end of last year but will report shortly, to get a more accurate and up-to-date figure on women who trafficking? we believe have been trafficked for sexual Mr Campbell: I think there is a problem of human exploitation. You ask why the delay: I think two trafficking which comes in many forms, and reasons. The first is that we live in an age where we therefore I think it is right that a response of the need to be very careful when we bring statistics into Government, along with our colleagues around the the public realm, and we want to be absolutely sure world, should be focusing on this issue. I do hope that we have drilled right down and bottomed out that when we bring forward figures that we can, to the issue when we do bring forward those figures. I some extent, lay the argument to rest, which is why think it is also worth saying that having looked at the we need to have statistics which are, as far as they methodology behind the work that we are doing we can be, verifiable but also the research has been peer- are learning a lot more about trafficking as we are reviewed as well. It is a very difficult issue, partly of doing that work, and therefore I hope that the delay course because trafficking is an illegal activity. It is is certainly worth it. You ask when: I hope in about very difficult to judge the quantity of that. If you are two months' time. talking about women coming to this country for sexual exploitation, it is difficult enough to get a firm Q2 Chairman: In two months' time? hold on how many women and girls are involved in Mr Campbell: In April we are aiming to publish. the sex industry, how many of them are involved in it of their own free will, how many of them are Q3 Chairman: We may well be engaged on other coerced and how many of them are trafficked. I think Ev 2 Joint Committee on Human Rights: Evidence 26 January 2010 Mr Alan Campbell MP this debate will go on because in the absence of a Sometimes they get what I understand is called clear definition of what trafficking is, with a clear "Stockholm Syndrome" where they have an affinity agreement amongst governments and agencies, then with the perpetrators who brought them to this people will draw a line in different places. Having country, SO whilst we always seek to emphasise the helped to take through the Policing and Crime Act, importance of a victim-centred approach, it as it is now, in the last session, I appreciate that there sometimes throws up cases that are very difficult to is a diverse opinion about the motives and the resolve where it is not always clear who is the victim condition of women that get involved in the sex and who is the perpetrator. industry, whether they do SO of their own free will or whether they are coerced. There is always going to be a difference of opinion and therefore I would suggest Q8 Dr Harris: I just want to follow that up. Is the a debate about the real figures. practical result of that that when someone is picked up in circumstances where they might be a victim, the presumption is that they are a victim and they are Q6 Mr Sharma: During our visit to Sheffield we treated in that way, even if they say they are not found out that there is a possibility of changing the because they may be scared, and they are not put on location of the Human Trafficking Centre. Can you a plane before they have had time to reflect in every tell us why it was necessary to change the case where this applies? Or can the presumption arrangements for the Centre to be located within the sometimes be that they are not a victim? Serious Organised Crime Agency? Mr Campbell: I think you would expect me to Mr Campbell: Yes, when the Human Trafficking answer that by saying it is a case-by-case basis. Of Centre was set up, it was set up without clear legal course we want to protect the victims of trafficking. status. It was based in South Yorkshire, and I am The point I am making is it is not always clear that very grateful for the work and support of South trafficking has taken place and indeed that they are Yorkshire Police in helping us to establish that and, the victims. What is absolutely crucial in this is that in a sense, to look after the Centre and help it locate we make sure that our actions against trafficking are there since, but of course the Human Trafficking rolled out to the very front-line of all of the agencies, Centre has to some extent expanded its role. including the police, that have a key role to play and Thankfully, it has a higher profile and of course now that training for officers is a very important part of that it is involved as part of the National Referral that SO that they know what to look for. I am not Mechanism it is much more important to get its legal saying in every instance that they would be looking status clearly established, and perhaps a more for the signs and conclude that trafficking has taken permanent home for that. We were approached by place, but certainly we would want front-line police South Yorkshire Police, and indeed the Human officers, as a matter of course, to consider whether or Trafficking Centre, to say this was an issue and we not in this case trafficking had happened and looked at a whole range of alternatives, including therefore they should be looking for victims. UKBA and the Serious Organised Crime Agency, and decided that the Serious Organised Crime Agency is the place for it, but I have to say certainly Q9 Mr Sharma: Locating the Centre in a crime without a plan to soon relocate nor one which will agency sometimes could give the impression that change in any major way the operational activities of trafficking victims are criminals or associated with the Centre because I think the Centre does good crime. How will you make sure that this does not work. I think we should do everything that we can to happen? maintain its status and we should do everything that Mr Campbell: There is a shared aspiration of course we can to support it in the work that it is doing. I between the Human Trafficking Agency and SOCA have made very clear to SOCA that when the anyway because SOCA's second priority is tackling Human Trafficking Centre becomes part of SOCA organised immigration crime, which includes human that as far as possible it is a stand-alone organisation trafficking and its first priority is drugs, SO there is a to be able to have that remit which is SO important shared ambition, but I do take your point. We to the work that it does. thought about this long and hard as to whether or not SOCA was the right place for it. By giving the Human Trafficking Centre an opportunity to Q7 Mr Sharma: And what steps are you taking to continue with the work that it does, yes, it has police ensure that its remit and operations-particularly its officers as part of its work and, of course, it works focus on victims-is unaffected? very closely with the police and other agencies, but Mr Campbell: The whole approach that we take to it has other both official and non-governmental human trafficking is a victim-centred approach. It is organisation contact too. I think having that multi- the basis for our Action Plan which we have agency approach is important, which is why we will introduced in 2007 and we have refreshed annually do everything that we can to maintain it. since. When we look at human trafficking it is crucial that we begin with the focus clearly on victims and the rights of victims. I have to say, however, that is Q10 Mr Sharma: Anthony Steen last week expressed sometimes quite a difficult thing to do, where people his concerns that sometimes the victims are dealt will claim to be the victims of traffickers when they with in an overly bureaucratic way. He suggested were actually part of the problem in the first place, that referrals should be dealt with by welfare or and sometimes victims are reluctant to come social workers. Is this a fair criticism and how are forward and acknowledge that they are victims. you monitoring the cases generally? Joint Committee on Human Rights: Evidence Ev 3 26 January 2010 Mr Alan Campbell MP Mr Campbell: When we ratified the Convention and not trying to be evasive. All I am saying is that on a implemented the Convention and set up the case-by-case basis some of these are extremely National Referral Mechanism, there were clear difficult cases and difficult to call, but on a general difference of opinion about who should have premise we should start with the assumption that responsibility for that and who should, if you like, there are victims of trafficking here and make sure take the lead on that, and I think that debate will that we go as far as we can to establish that and if continue. Again, it is difficult to answer the question they are not then other procedures and rules kick in. because it rather depends upon the circumstances of the individuals and the traffickers, but remember Q12 Earl of Onslow: Minister, I think what you are that someone might be trafficked but nevertheless be saying makes an enormous amount of sense. It is a caught up in other kinds of criminality too, and graded thing the whole way through. Some people therefore it is a case of dealing with them on a case- have obviously been involved in criminality and then by-case basis. I do not think there is a general rule to there is an element of blackmail to make sure they this actually. have been trafficked. I seem to remember watching a television programme. It was about prostitution in Q11 Fiona Mactaggart: But is it not true that it is Moldova and there was a woman who was very frequently the case that trafficked people are kidnapped and sold into prostitution in Turkey, in caught up in other kinds of criminality because the Istanbul I think. She is rescued but then she only people they know are criminals, that is the life voluntarily goes back because she has got no money that they have been trafficked into, and therefore whatsoever and the conditions in Moldova are really there is a real responsibility on the state to recognise absolutely appalling. I do not really know what the their vulnerability? Maybe they are actually answer to this is. I can understand that it is an responsible for, let us say, pickpocketing, because extremely complex social problem, and that is my that is the other thing that the guy who runs them question and it is left hanging in the air because, runs, but they are extremely vulnerable and require frankly, I do not know the answer. our protection. I was in the debate where Anthony Mr Campbell: Yes, there are some extremely raised the case of Chloe, or whatever she was called. distressing cases where I think to some extent Is it not the case that it is quite common for women individuals almost try to work out where their best who have been trafficked for sexual exploitation to interest lies. apparently voluntarily have gone back into the sex trade because it is the only way they know to get Q13 Earl of Onslow: We all do that. money because of their vulnerable situation? Is it not Mr Campbell: But in a perverse way. By remaining in really important, is not the point of the National the condition that they are in, even if they are being Referral Mechanism that they actually have coerced into prostitution in the United Kingdom, I something which identifies their vulnerability and suppose they could argue that they may have some protects them? It does not give them a free pass from kind of income and some kind of shelter and it might prosecution for criminality but it protects them in not compare too badly with conditions that they relation to their vulnerability. Is it not the case that would be facing going back. That is why I think we that is not always happening when it should be? need a longer period, and of course under the Mr Campbell: I would accept that there is a case for National Referral Mechanism there is a longer saying that it does not always happen when it should period than the Convention demands, a space for and I would accept the argument that we need to do them to face up to some of those decisions. There more. I would accept that perhaps we should start needs to be discretion as to whether there can be a with the presumption that individuals need support, prolonged period before they are sent back, but we but also time to reflect. There were a number of cases also have to consider the welfare of the individuals. which were quoted in the debate. Let me generalise Not everyone of course actually goes back, but in rather than concentrate on one of them. It has been many cases it is in their interests to go back to be the case, for example, that someone has been picked amongst their families and their communities. up at a raid and has put their hands up and said that they were involved in the criminality and the Q14 Earl of Onslow: Minister, I absolutely question arises are they actually the victims of understand that but in this Chloe case which we have trafficking, are they somehow not aware of their in front of us, and you obviously heard about in the rights in this situation, or because they are part of debate, it looks as if the authorities here did not react that criminal family if you like, they do not see the as we would hope they had reacted. What can we do way forward, and in some cases they have actually about that? said, "We are willing to go through the judicial Mr Campbell: I accept that there will there be process and to take the punishment which is disagreements about how particular cases are coming." In some cases the National Referral handled and I am sure on reflection that there will be Mechanism has stepped in and given them space, cases where things could have been done differently and indeed the people who are dealing with them and done better, but I think part of the important space, to look carefully at all of the circumstances to work that we are doing is trying to get a better try to identify, I think in the way that you are, to say understanding by front-line officials and officers they are victims of trafficking and that is the central about trafficking and about the needs and issue; in some cases they have rejected that approach requirements of victims. Whether or not it is for and took the punishment which was coming. I am example in the interests of the individual concerned Ev 4 Joint Committee on Human Rights: Evidence 26 January 2010 Mr Alan Campbell MP to be sent back to their source country is sometimes as it were. If you are going to have a fixed limitation a hard call. I think there is an education which is still period for trafficking victims, it is hardly victim- going on. It is a learning exercise which is still going centred, is it? on. The difficulty is while that is happening we are Mr Campbell: Le me have a look at it. talking about the lives of individuals. Q18 Chairman: I think that is the point, I think that Q15 Dr Harris: Could I just make a suggestion is the essence of this. because I think your responses show that you Mr Campbell: I understand. understand the concern in the human rights community. What about guidance that tells front- line police officers a simple proposition: that when Q19 Lord Dubs: I was going to ask a question which they find women in these circumstances they must probably fits in here although I could ask it later on have a rebuttable presumption that they are a victim, about asylum. What sort of co-operation is there and what sort of links are there with the countries SO that they act on that basis initially and then when from which the trafficked women are believed to that is rebutted, they set out-and it can be one come? Lord Onslow mentioned Moldova. I know sentence on the paperwork-why whoever it is has for a fact there is a lot of concern in Moldova among changed that view changes their view. That would NGOs. What is the level of co-operation to help make sure that mistakes do not happen at the outset policemen when these things happen here? and would give a clear, reasoned paper trail as to Mr Campbell: There is a growing level of co- why that presumption has been replaced by another operation. We raised the issue of trafficking when we presumption. held the Presidency and it has been picked up Mr Campbell: May I take that away and look at it? regularly since then. As individual countries, and Dr Harris: By all means. indeed collectively in Europe, they are grappling with the same sort of issues as we are about where is Q16 Chairman: There is no doubt that compared to the research on which to base good policy and how when we started working on this several years ago, can we have a more joined-up approach. Part of that we have come an awful long way towards a victim- is to do with enforcement of course but there are also centred approach. When we started presumption issues around what happens if you are a victim of number one was that they were immigration trafficking and you are going back to your source offenders and presumption number two was that country. We do a lot of work through DFID with they were criminalised within the sex trade. We have source countries to make sure that the conditions come a long way from that, but my understanding of there are not acting as a push factor for people to get the Convention is that we do have these obligations, caught up in trafficking. Of course, very importantly, such as the things that Evan has just talked about, in information campaigns warn people that if they are terms of making sure that we have that victim- responding to a newspaper ad or a leaflet saying centred approach and anything that militates "there are good jobs in London: ring this number" against that, for example the bureaucracy that that they should be particularly careful about that Anthony Steen talked about last week, undermines and be aware that these may well be traffickers. We that victim-centred approach, SO if you do go away have also got the Serious Organised Crime Agency and look at this I think that would be very helpful. which has a lot of people based abroad who are working on this very issue. I saw for example some Mr Campbell: Yes, but on the clear understanding work that we were doing with the Nigerians at the though-and I am trying to recall the case that end of last year. Nigeria is a source country Anthony raised-that of course we want to look at it particularly for trafficking into southern Europe, in the context of has this person been trafficked and Spain and Italy in particular, and we have Serious therefore is a victim, but do not forget that there is Organised Crime officers in parts of the world where then criminality which have can have happened we are seeking to work with the authorities there in before they came into contact with the police and a better way. sometimes criminality which happens after they come into contact with the police. We have to have a balance here that understands that they can, to some Q20 Lord Dubs: You may not want to mention extent, be both victims and potentially criminal at particular countries and there may be a good level of the same time. co-operation, hopefully, with most of the countries from which the trafficked people come, but are there some countries where they are in a state of denial Q17 Chairman: The essential point about the case about this and where the co-operation is difficult? that came up last week was the timelag between the Mr Campbell: We do everything that we can to make alleged trafficking and trafficking exploitation and them aware of the problems that are, if you like, her coming into contact with the police. She actually landing on our doorstep as a result of trafficking approached the police. She was not arrested. She from their countries, and colleagues who travel to went to the police to report the fact that she had been other parts of the world regularly raise with their violently raped. The problem was that there was a counterparts our concerns. Vietnam would be a bureaucratic timetable that said it is SO long since good example. David Hanson was in Vietnam at the you were allegedly involved in the trafficking side end of last year. We have concerns which he raised you are on the wrong side of the limitation period, directly with the Vietnamese Government. Joint Committee on Human Rights: Evidence Ev 5 26 January 2010 Mr Alan Campbell MP Q21 Earl of Onslow: To go back to Moldova, on the all of the material circumstances that might have led television programme it showed-and I am arguing, to the problem in the first instance, but that is why it I quite accept, from the particular to the general is important that we do everything we can at a multi- here-that the authorities were completely corrupt national level, but we also take some time to reflect where this was happening and the man who was on what is not just in the interests of that individual caught got a sentence that was laughably light but to make sure that they are not being put at risk compared to what the sentence should have been. of their lives or indeed of being retrafficked. I would Do we have evidence in some of the countries from say, perhaps going back to our original point, that I which these poor people are coming that there is am not sure there is a great deal of evidence yet and heavy corruption and maladministration and we need to do some more work on that retrafficking incompetence and all the things that one can see element of it. There is plenty of anecdotal evidence. involved in the countries with whom we are trying to have the liaison to which you refer? Q23 Chairman: It is not just the trafficking; it is also Mr Campbell: Of course that would make life more the victimisation in the environment that they go difficult. I have heard the same criticism made of back to. The best way is to stop it happening in the some West African countries. I think sometimes that first place and the education is all very good and we is an excuse to say that there is corruption, it is not cannot do enough of that. Also trying to spot victims worthwhile, why are you working with some people at the point of entry is extremely important and a lot both within and without government when you of work has gone into the training of Border Agency know that there are problems and you will be staff on that as well. If people are going to be frustrated? I think we can over-exaggerate that. I returned, I am still not satisfied that enough work is also think we need to work with countries at a going into the source country to check on the bilateral level but, crucially, we need to work across environment that individuals are going back to. Europe and we need to make sure that we are That is one of the key issues. To what extent is the working at an international level and indeed a multi- reflection period and its use conditional upon co- national level, which is why we continue to raise operation with the prosecution authorities, because trafficking as a serious issue both at EU level, where this is one of the key issues that we identified in our I think we are making progress, but also at the UN original report, and also from the work that we did level too. At every opportunity the UK Government when we looked at this overseas; the message that we raises this issue and we seek to grow the level of co- got very clearly was that you should not link co- operation which is necessary to tackle what is a operation with the prosecution authorities with the global problem. reflection period because you are dealing with vulnerable, victimised people who are terrified. Q22 Chairman: I will phrase a question on Mr Campbell: The issue of course is the engagement repatriation. One of the concerns we have, and I of individuals, who may or may not be victims in think you have, is the risk of people being victimised this, with the authorities, who are seeking to do or indeed retrafficked. When we did our original everything that they can to help them, which is why inquiry we heard of one poor woman who was the initial reflection period of 45 days is the standard retrafficked by her family within 48 hours of that we have set. returning allegedly safely. One of the key issues is making sure that if people are going to be returned, Q24 Chairman: It is half what we thought was whether it be voluntarily or not, that proper steps are necessary. taken to make sure that the environment to which Mr Campbell: Yes, but it is more than the they are going back is one in which they can have a Convention said that we need to have. Of course, it proper life, because of course they can either be can be extended, but I take your point, there would ostracised by their family or subject to repeat have to be grounds to extend that. Often it is because victimisation. Some of the evidence that came out of the individual either needs more time to be able to the academic research that we heard last year on our not just come to terms with what has happened to mini-conference, and certainly information that was her but also to reflect upon what has happened to her presented to the UN conference on this, was the to the extent that it will help the prosecuting extremely high proportion of women who are found authorities, but we have to have, it seems to me, to be victims of trafficking who had already been clearly defined periods of time, guidelines and limits victimised before being trafficked, either physically on this which do not leave it open-ended, because of or sexually or both, within the family, SO there is a course there are instances where people do claim to real risk if people are returned to that environment be the victims of trafficking and they are nothing of that they are going to go back to what they hoped, I the sort. suppose, they were escaping when they came to the Earl of Onslow: Minister, I see that the Metropolitan UK? Police Service's Human Trafficking Unit is being Mr Campbell: Yes, which is why it is important that closed done and has been closed down. The Home we have that period of reflection, both to resolve the Affairs Select Committee said: as our witnesses issue in our country and make sure that those people acknowledged, the UK is just starting to tackle the who need to be held to account are. Also we problems of trafficking for forced labour and for consider, as best we can, what is in the best interests street crime. We are therefore particularly disturbed of the individuals themselves. To be honest, there is by the police officers' assessment that closing down probably a limited amount that we can do to change the unit will make it more difficult to identify Ev 6 Joint Committee on Human Rights: Evidence 26 January 2010 Mr Alan Campbell MP trafficking victims." You replied: "I believe, along Mr Campbell: It would be too early to tell because with the MPS, that the change in the overall they have only just made the decision, but obviously responsibility for investigations into all forms of we would take an interest in that. I am confident that human trafficking to the Clubs and Vice Unit whilst the Metropolitan Police have made the right moving the Unit into the Specialist Crime decision and will be doing everything that they can Directorate will ensure the Met can continue to build to retain a focus on their important work on on progress "There is no more extra money being trafficking. It is not exclusively a London issue but it provided for this. Has your optimistic and rosy is perhaps a bigger issue in London than it is forecast come about or has Boris Johnson's despair elsewhere. I am confident that they have made the been proved right? "Despair" may be a bit of a right decision but of course we will be watching to strong word. see. Q27 Chairman: Part of the problem is that the Met Q25 Fiona Mactaggart: A big attempt to get out of unit was also the national lead responsibility and the responsibility. risk is if the Met is not investing funding for it then Mr Campbell: Let me park the Mayor for a moment it will not take the national lead responsibilities, it and set out what the facts were. When we invested will just do its work in the Met. quite a lot of money into the Metropolitan Police Mr Campbell: I suppose the answer to that is that the Anti-Trafficking Unit it was on the clear work has to be a priority for all 43 forces. There are understanding that we believed-and we still other ways of making sure, through ACPO and believe-that tackling trafficking needs to be part of through NPIA but also through the Human core police business. Therefore they were aware that Trafficking Centre of course, that the pressure is the money would run down over time and that the constantly on police forces and chief constables to best place for their unit was embedding it where it make sure that they are at least aware of the issue of was part of core police business. The end date, if you trafficking and if it is an issue in their area they are like, was going to be March 2009. In December 2008, doing everything that they can. I am not sure that they came to us and said effectively, "We need more they need the Met in order to take the lead in the way time to do this," and Vernon Coaker (who was Police that perhaps you are suggesting it did in the past. Minister at the time) and I agreed that we would give them more time even at the additional cost it would Q28 Chairman: I think it is a question of having bring, and therefore we invested an additional people who specialise in what they do as opposed to £435,000 for the financial year 2009-10, but we said the generality of the detective services in the various to them quite clearly you have to look at the unit and forces around the country, who may not have come where it is going to be in the future because, and of across it or may not recognise it or identify it, and course the financial circumstances have changed then we are back to where we were where people were even more so, there is no more funding. They took treated as immigration offenders and all the rest. the decision at the end of last year to move the unit Mr Campbell: Which is why we are going back to the into Clubs and Vice and to move Clubs and Vice into issue around education, guidance, and everything Specialist Crime. That is a matter for the else. It is very important that work continues Metropolitan Police. I think they have done the through ACPO and the NPIA. Of course we have responsible thing. I think it allows officers to SOCA and we have the Human Trafficking Centre continue to work in trafficking. I know that some of too, SO there are plenty of sources of information, them are involved in high-profile operations in the help and guidance, as well as the very good work metropolis as we speak and I think that it has that which the Met has done in this regard. right blend of having the specialist officers that are necessary whilst making sure that the knowledge Q29 Fiona Mactaggart: Last week I had a rather and operational activity goes out to the front-line. useful meeting with Assistant Commissioner, This was not about us telling the Metropolitan Cressida Dick, precisely about the Specialist Crime Police that we were summarily cutting their money. Unit and the role of this unit. I have been one of It cost us a great deal more than we thought it would. those, as the Minister knows, who has been most The letter which I know the Mayor sent to many critical about some of the plans to run it down. I Members of Parliament was based on the debate found that meeting very reassuring, but one of the which was raging at the time at the end of last year things that I think is very important and where I am 2009 as to whether or not the unit should continue. not sure that I can see a plan in either the The Metropolitan Police Service took a decision that Metropolitan Police or in other police forces, and I it would be changed and, as I understand it, the would like to know if the NPIA are actually doing Mayor has not really commented on it since. something about, is work to make sure that the police officers who are likely to be the first encounter-and I think the new unit will be able to Q26 Earl of Onslow: Arising out of that, my next deal with big operations and big raids, and things printed question says how can you be confident that like that-but what I am interested in is the beat the closure of the unit will not have a detrimental police officer who is perhaps in a red light district, or effect on the Met's human trafficking work? What I something like that, who picks up a woman who he think I am really asking is have the results been says is soliciting; what training does he have to seek better under the new system, worse, or just the same? to ensure that he is sensitive to the issues of sexual Joint Committee on Human Rights: Evidence Ev 7 26 January 2010 Mr Alan Campbell MP exploitation and of trafficking when he is doing that threat in the Olympics, because it has not as yet basic job? I am not convinced that it is adequate at shown itself in that way. If it did come up as a bigger the moment. Can the Minister tell us what he thinks issue, then of course we would want to have a look is being done or should be being done? at it. It is a watching brief. I have spoken very Mr Campbell: May I find out the details of what recently with some women from various countries actually is being done, but it is my understanding that want us to go further and want us not only to that it is part of the work of police training, and have a watching brief but to be proactive and to send NPIA and others have issued guidance, because it out a very strong message about what we are going goes back to the debate about the future of the Met to tolerate and what we are not going to tolerate, and unit, which is should this be core police business and I am sympathetic to that. should it be front-line police business. It is the police constable in the red light area (but perhaps not in a red light area) that needs to be asking the question SO Q32 Chairman: You mentioned what happened in there is an awareness exercise. I suppose it is a fact of Germany at the World Cup. The Olympics is still life that there is something of a lag effectively. There two years away. At what stage did the Germans is a learning experience for all police officers and realise that they had a problem? front-line officials of the state in this, but I am Mr Campbell: Part of the answer to that is I am not confident that the work which is being undertaken sure whether there is agreement about the size of the will get the police into a better place. problem. There is an assumption among some people that big sporting events will attract more women in the sex industry both at the construction Q30 Chairman: Before we leave the issue of London, phase but also during the event, and that almost there is one important thing coming up in a couple inevitably means that there will be an opportunity of years' time which is the Olympics. What thought for organised criminality of which trafficking is has gone into the likely impact of the Olympics on usually organised criminality. There are others who the levels of human trafficking? We know for will say that to some extent it can be nothing to do example that when Germany hosted the World Cup with trafficking; it can simply be a regional or even there was a huge increase in prostitution associated a local issue. I am not sure there is agreement about with that sporting event. The Olympics is as big if whether there was such a threat in Germany actually. not bigger than the World Cup. What assessment have you made of the likely risks of trafficking and what steps will you take, particularly with the Q33 Lord Dubs: Could I turn to asylum and winding up of the Met unit? immigration in relation to victims of trafficking. Do Mr Campbell: We are very much aware of the issue you know in the last five years how many victims of and focus on the Olympics is part of the refresh of the trafficking have been charged with immigration- Trafficking Action Plan which took place at the end related offences? In particular, have any victims of of last year, SO we are very much aware. I have to say trafficking been charged under section 2 of the from the intelligence which is available to date, there Asylum and Immigration Act 2004 for entering the is no clear evidence of any increased activity. To be UK without a valid passport and visa? honest, there is evidence from other countries which Mr Campbell: First of all, if they are victims of can suggest a whole range of possible outcomes and trafficking then they should not be charged with an indeed what the nature of the challenge might be. offence. We want to be clear about that. As we The Met are of course, with or without their unit, discussed earlier, sometimes, to some extent, there is focusing very much on this and doing some activity an element of trafficking and therefore victimisation, in the four or five boroughs most affected, not just but there are also the other elements around around trafficking but actually around the sex criminality too. I cannot answer your question industry in general. Not surprisingly, taking the directly because if they were guilty of an offence it German example, there is evidence of more would not be the case that they were recorded as a prostitutes coming into the main cities that were victim of trafficking. We would start with the hosting the sporting activities, but of course whether assumption that if they were victims of trafficking they came from surrounding regions and whether that they would not actually be charged with an they were trafficked is almost an entirely different immigration offence and therefore face those matter. We are looking closely at the Winter consequences. Olympics in Vancouver to see if there is any evidence there, but I suppose we are making preparation by Q34 Lord Dubs: If I have understood that, it might being very vigilant and making sure that the be easier for the police to say here is an immigration- assessment of what could happen at the Olympics related offence than to say conclusively this woman does focus on trafficking. is a victim of trafficking. It may happen willy-nilly, whatever way you describe it. Q31 Chairman: What resources have been made Mr Campbell: I think that was part of the concern available to the Met? that people had about the role of UKBA perhaps Mr Campbell: Not additional resources because of having two different hats to wear on this issue. What course there is this huge amount of money that goes we are doing, both with the prosecutors, the CPS, the into policing in the first instance and therefore, as far police and others, is this awareness campaign to say as I know but I will go away and check, there is no to them that there is detailed guidance on money which says this is for a possible trafficking circumstances in which a prosecutor might conclude Ev 8 Joint Committee on Human Rights: Evidence 26 January 2010 Mr Alan Campbell MP whether or not an individual should be prosecuted. Q40 Earl of Onslow: This has not been brought in. The presumption of course is that if they are victims Do you intend to bring it in or do you intend not to in the first place then they should not be. bring it in or what are your plans? Mr Campbell: Yes, we do intend to bring it in and we Q35 Lord Dubs: You have already partly answered intend to bring it in as soon as we can. Again I would the question I want to ask now but let me state it in hope that would be within a matter now of weeks if these terms: when a victim is repatriated to their not months. It is an important part of the Policing country of origin-and you have mentioned the and Crime Act and I think we should be extremely concerns you have and SO on-is a risk assessment proud of what we are trying to achieve there. It will carried out on each individual who may be returned not solve all of our problems but I think it is a step in these circumstances? along the way. We need to send out a very strong Mr Campbell: My understanding is that the answer message that it would be illegal for men to have sex to that is yes. It is part of the consideration of what with women who have been coerced and trafficked in is in the best interests of the victim. that way and they will face consequences, because previously they did not face consequences. and Q36 Lord Dubs: But it would be individual to the therefore the argument was made, which was victim not just to the country? accepted, that they fuel demand. We will introduce Mr Campbell: My understanding is yes. the offence and that will bring with it two things. The first is we are working very closely with the police and the CPS to make sure that when it does become Q37 Lord Dubs: My next question is this: sometimes of course it is children that are trafficked. What is law and it is enacted, that it is useable, and that there being done to ensure that the welfare of such are no problems and that we will get some children is more important than immigration control convictions. The other thing of course, which I think considerations? is very fair, is that we need to send out the message to men and women that there is a new offence and it Mr Campbell: Of course if they are children who are victims of trafficking then they would be regarded as is a different offence in that it is strict liability. It will vulnerable children, and the local authority would not be a defence to say, "I didn't know that this take the lead and have the responsibility for doing person (usually a woman) was trafficked", and everything that they could to safeguard them and to therefore we owe it to them through a high-profile make sure that throughout the length of period that campaign to spell out what the consequences would they are looking after the children they recognise be if they break that law and why it is not only in the interests of the victims but in their own interests not that they are victims and everything is done in their to do it. best interests. I think we pay particular note to the dangers of sending children back to their country of origin. My understanding is that it is a mixed picture. Some children do go back because it is in their best interests to do SO. Some of them of course, if they are 16 or 17, if it is protracted, can become of Q41 Earl of Onslow: This Committee in its report on adult age during the procedure and then they might the Policing and Crime Bill stated: "In our view, the decide whether or not they are going to apply for a proposed offence has the potential to put women right to remain here. into a more exploitative or unsafe situation, may not address the problem which the offence aims to target Q38 Earl of Onslow: Arising out of that, presumably, (namely exploitative prostitution) and may on the other side it is quite possible for somebody discourage reporting of such prostitution." Was the who has been arrested to claim that they are a victim Government aware? of trafficking when in fact they are not, and to claim Mr Campbell: The Government was aware of that to be a victim SO they then do not get sent back, and and this was a prolonged debate, I think a very their aim of getting here to continue their trade has responsible and reasonable debate, but the been achieved? Presumably, we are aware of that? Government persevered and Parliament agreed and Mr Campbell: Not only that but we are aware of the I think that that was the right thing to do. My fact that some traffickers will seek to manipulate general response to the point that you are making is children and young people in a way when it suits I can think of fewer circumstances which are more them to claim that they are victims or not victims, SO dangerous and dark than women being trafficked it is not just the individual children themselves, it is into a foreign country and forced to take part in the those who are in charge of the trafficking. sex industry. We owe it to them and to us to do everything that we can. We know what we would do Q39 Earl of Onslow: I was not referring directly to if a brothel was raided and women were found to children. I was referring specifically to women have been trafficked. We know what we would do trafficked for sex purposes. with them. We know what we would do with the Mr Campbell: Yes. people who kept the brothel and forced them into Earl of Onslow: Section 14 of the Policing and Crime that. The law is clear. What was not clear is what Act 2009 makes it an absolute offence for a man, as responsibility lay with the men that were fuelling you know- that demand. Now we have a piece of legislation Fiona Mactaggart: Or a female. The gender of the which sends out a clear message but more than that perpetrator is irrelevant in the legislation. I hope it has a practical effect on reducing demand. Joint Committee on Human Rights: Evidence Ev 9 26 January 2010 Mr Alan Campbell MP Q42 Chairman: One important point that I put to whether or not in fact there was a higher offence. I Vernon Coaker when he was sat there when he had would hope that is exactly what they would do. In this brief when we were doing this work at the the absence of that there was a clear gap and that is beginning was this point about trying to persuade where this new section 14 comes in. men to report people they suspected were victims. The risk is whether now they are criminalised under Q45 Dr Harris: As was read out by Michael, our section 14 will they be willing to do that and, more report said there was a risk, and indeed we had had seriously, which is the point I put to Vernon, they are some evidence, as indeed the Public Bill Committee actually admitting to rape because by definition if had evidence, that the proposed offence has the the woman was forced into prostitution through potential to put women into more exploitative or trafficking she could not give proper consent to the unsafe situations, and may not address the problem sexual act even if she was being paid for it because which the offence aims to target (namely exploitative if the man was then to suspect this was a trafficked prostitution)"-coercion and trafficking included- woman, she is not giving proper consent, SO "and may discourage reporting of such potentially it is rape. prostitution." Presumably it is capable that there Mr Campbell: Let me be clear that as part of our might be research into those questions where the deliberations we looked at what would happen if balance lies. In your view, was this offence an those circumstances prevailed. I am talking about evidence-based policy? the fact that the man had sex with a woman and she Mr Campbell: Yes, but it was one in which there was was trafficked and she therefore could not have evidence presented for not only both sides but every consented, and of course if the evidence is there for a variation. I do not know want to give the impression rape prosecution I see no reason why the authorities that this was a clear-cut discussion. This was would not press ahead with that. What we were probably one of the most contentious parts of a very concerned about was what happens when the contentious Bill. At the end of the day we had to evidence is not there, when the victim is not willing decide and Parliament had to decide on the evidence to testify, when it is not clear there would be a which was presented to them as parliamentarians as conviction for rape. Almost as a second best, if you well as the evidence that we used in the demand like, this new strict liability law would come into review to base that particular clause on. effect and would at least, in perhaps a smaller way, hold the men accountable for what they were doing. I take your point, because again there were members Q46 Dr Harris: That is what I want to probe. What of this Committee that were on the Bill Committee- evidence was available to parliamentarians? In your demand review on page 10 you say: "The aim of the review was to establish a firm evidence base", which Q43 Dr Harris: Indeed! implies you wanted this to be an evidence-based Mr Campbell: -and who are well aware of the policy. In the key actions of the review on page 11, arguments. There was concern about whether or not and this was published in November 2008, the first this would put off men from reporting. There are one would be "a rapid evidence assessment of ways in which that can be achieved. They can do it research available on sex buyers conducted by the with a degree of anonymity. The one thing that I University of Huddersfield to be published shortly", recall from the evidence session of the Policing and and that "shortly" was dated November 2008, yet Crime Bill which really convinced me of this, and it can you confirm that when parliamentarians voted came from Poppy, way that they said, in their on this measure there had been no publication of experience, 22 men had contacted them to say that that part of the evidence base? There are no other they had been to a brothel and they believed that the references in your review SO that is the only one. woman had been trafficked and in every single case, Mr Campbell: I would need to check. I certainly knowing that, they went on and had sex with the could not say that it had been published. woman. I thought here is a good case where we need to really waken up men to the horrors that they are Q47 Dr Harris: I can tell you that it was not part of and send out a clear message that we do not published even by the time it went through the Lords want them to do that. If this law is not used because let alone when I was debating this with you in the men change their minds and are deterred by it, then Commons on 19 January. I asked whether you were SO be it, but if it has to be used I welcome it. going to publish this evidence and Vernon Coaker said: "We are looking at publishing the evidence. In Q44 Chairman: I am not opposing it; I am just the end you pick the evidence which backs your making a point about the importance of trying to get argument", which is not my idea of proper evidence- the evidence or information to free these women based policy making. You said: "Do not read from the scenario that they are in. If men report to anything into the fact-you will remember this- the Poppy project, that is not reporting to the "that we have not published this." Has this review authorities, that is indirect reporting I suppose, but now been published? this is a potential downside because of the Mr Campbell: I would need to go away and check. criminalisation. To a certain extent we have moved on from that. I do Mr Campbell: Yes, I think we have concentrated not even want to say yes or no because I am not sure. more on the actual problems of collecting the What I would say is to some extent there is a caveat evidence, but I do not see why the prosecuting to basing everything that we do on the evidence in authorities would not make a presumption to see the way that you are arguing for. There was a lot of Ev 10 Joint Committee on Human Rights: Evidence 26 January 2010 Mr Alan Campbell MP evidence brought to the attention of introduce such an Act. Of course the evidence is parliamentarians. There was evidence presented important but it is not just the academic report upon during the early stages of the Bill's deliberations. I which people will ultimately make their minds up. do not think there was a shortage of strong Could I just say it is not just a case of plucking from anecdotal evidence. The problem was it pointed in a the air some sense of morality or going back to some number of different directions. On this issue-and manifesto commitment. It was never a manifesto sometimes I think you have to do it even though you commitment. It was based on what the former Home commit yourself to an evidence-based approach- Secretary and then Ministers learned from looking you have to make a decision on it. in detail at this but accepting there would never be a 100 per cent sign-up to what we wanted to do. Q48 Dr Harris: I agree but you should do SO openly. You are the one who raised the firm evidence base. Those were your words of November 2008. I can tell Q51 Dr Harris: My last question is to ask whether you, Minister, your research was published last you would at least agree with me that there is a month, several months after the Bill received Royal difference between evidence and assertion or opinion Assent, and this is what your own commissioned and that when a policy, for whatever reason, is evidence that you did not publish before Parliament promulgated it is wrong to say that it is evidence- when we were debating the issue said: "Efforts to based without producing the independent evidence reduce demand seem to have mixed results, although to support that. the evidence is weak. It appears that the Mr Campbell: In this case there was other evidence consequences of policy changes are often hidden or that was available throughout the debate. This was practically immeasurable. Also the risk of a piece of work which was commissioned but there displacement threatens to negate any gains of was other evidence that was presented to enforcement activity making prostitution an even parliamentarians. There was a widespread debate more hidden and secretive enterprise." In Sweden- based on lots and lots of evidence, often from front- and I respect Fiona Mactaggart's difference of line practitioners in the sex industry. The problem opinion from me-this is what the university was there was a huge dichotomy of views on this. academics said: "In Sweden, criminalisation of Fiona Mactaggart: Can I help on the issue of the demand appeared to coincide with a reduction in evidence base. street prostitution although some findings suggest a Dr Harris: You rightly commissioned a systematic decline in the working conditions of street review in order to get some order. That is what it is. prostitutes and an increase in the size of the indoor It is a systematic review of 220 studies reviewed of market." Finally, "This review highlights the major which 181 met the inclusion criteria. The summaries gaps in the evidence base and that the evidence I read selectively from are from a review of 181. provided is largely weak and inconclusive." On the Surely that is better than selected random opinions? research you eventually published after Parliament Chairman: I think that is a debating point. voted on this (when you had it months ago) suggests that this is not an evidence-based policy. You are entitled to make policy on the basis of morality or Q52 Fiona Mactaggart: That is the point, because ideology or manifesto commitment but you should this is not question of the Home Office concealing not call it an evidence-based policy when it is not. Do evidence. The Huddersfield research was not you agree? original research. It was merely a review of pre- Mr Campbell: I do not agree with your analysis existing research, the vast majority of which was there. published and which was itself randomly created by the interests of researchers, frankly, SO I do not think Q49 Dr Harris: I just read it. it bears the great weight which Dr Harris is putting Mr Campbell: For a start if you are talking about on it. I wanted to intervene to reassure the trafficked women then you are not talking about on- Committee that at the point at which you produced street prostitution as much as hidden prostitution, the unanimous report which the Earl of Onslow for a start, SO I would not necessarily follow that mentioned, I was not a member of the Committee, point. I do not think that ultimately and I think it is quite important for my integrity to parliamentarians made a decision because they make that clear. Had I been it would not have been either read that or did not read it. unanimous because, in my view, that conclusion of the Committee's was wrong. One of the things that Q50 Dr Harris: But they could not read it because I wanted to ask you about in relation to section 14 you suppressed it. of the Policing and Crime Act is whether you Mr Campbell: A piece of evidence like that. I am not thought there was a prospect of the publicity sure that is where parliamentarians arrive at their campaign that you have referred to actually decisions. They have a great deal of evidence. As preceding the implementation of the Act or Ministers, we had a great deal of evidence. The happening soon because my anxiety is that, if it does problem was that sometimes it looked to be not, it is clearly a controversial piece of legislation contradictory, it pointed in lots of different direction and it is going to bump in pre-election periods and and there are people from other countries that have SO on and, as a result, I know how the Home Office a different approach to prostitution that were works, I have worked inside it, it will not happen at welcoming the fact that we had the courage to all. Is there a risk of that? Joint Committee on Human Rights: Evidence Ev 11 26 January 2010 Mr Alan Campbell MP Mr Campbell: There is certainly a risk of the Convention to interdict in some way areas of electoral timetable impeding what we would want to business which provide shelter for people- do. I think it is important that we get section 14 on trafficking. I wondered if you had had discussion to the stocks and useable. Of course I would like to with colleagues in other departments such as the think, and we are working as hard as we can, that Culture, Media and Sport Department and BIS there was a precedent for some campaign, but I about what the impact of that ought to be in the UK cannot say to you this afternoon that I am in order to make sure that we do not have enterprises enormously confident of that. If there was not, it which, in effect, by having an apparently legitimate would have to come as soon as it could, but the outer face, protect the operations of traffickers, as I problem is we are heading towards purdah and all think probably happens in parts of the lap-dancing sorts of things. We are trying our best but I cannot industry in the UK, for example, and certainly give you that assurance this afternoon. happens in industries which advertise sex services in Dr Harris: The Committee is not keen for it to be our local newspapers. implemented SO you have our support on that. Mr Campbell: I have not had direct talks with Chairman: I had understood that we do want that. colleagues about that. I am reflecting on what you Dr Harris: It is in the report. said in the adjournment debate. There are a number of things we need to follow on from there, but it Q53 Fiona Mactaggart: It is the law and I think it seems to me that that is the sort of issue that we brings the law into disrepute if laws which are passed would want to have on the agenda of the inter- are not implemented. departmental ministerial group that overseas Mr Campbell: Not only will we have a campaign but trafficking matters. All 18 departments are I am very keen to learn from the comments that were represented including the devolved administrations, made during the adjournment debate about who is SO it is certainly something we would want to see on the target and where you target it. There is some the agenda. Also if I can follow up what you were precedence again for that kind of campaign, gents' saying, the Solicitor-General has already raised with urinals on service stations. me the issue around adverts and the failure, in her view, of self-regulation in newspapers in particular, Q54 Fiona Mactaggart: On the point that the and, again, we would want to have further Chairman raised about the anxiety about whether conversation and discussions about that. If there is a men would inform in cases where they had case for action then we need to act. suspicions that women were trafficked, have you or your colleagues had any discussions with the police Q56 Fiona Mactaggart: When is the next meeting of and the CPS about charging policy in relation to the inter-departmental group and will this be on these kinds of cases, where the man's offence is the agenda? clearly less significant, both in terms of potential Mr Campbell: It will be on the agenda and the sentence and in terms of the degrees of harm caused, meeting will be very early in April. than for example either the brothel keeper or the Earl of Onslow: Can I go back to a question at a trafficker, and whether it would be possible to slightly nitty-grittier level. Will the Government develop a charging policy which could say that introduce an anonymous hotline for those who use where people who had themselves committed lesser prostitutes and others to refer women who they offences were prepared to give evidence which helped think may have been trafficked and that would to secure a prosecution for a serious major crime, enable them possibly to counteract some of the that it would be looked at generously in terms of concerns that we had in our original report? I would whether they were to be prosecuted? like to say on the plus side it is perfectly reasonable Mr Campbell: We are working through issues around implementation both with ACPO and with to say that we dislike the behaviour of men going to prostitutes and we think it is wrong per se, but I think the CPS and I am confident that that will be part of it is a grave mistake to introduce legislation saying the discussion, because, as you said a moment ago, that it is based on evidence but in fact it is based on it is the law and therefore we need to get this right. We need to make sure that we do not send out a a perfectly respectable and strongly held view. I think message that there will be a blanket immunity should it is easier to take what I suspect is Fiona one use that as a defence in court. It is a tricky bit of Mactaggart's view than possibly my view, because I legislation and that is one of the issues that we are think it is a totally respectable view to take, but to working through with the CPS. Certainly in terms of defend it on an evidence base when it is obviously severity of sentence and outcome I would have not evidence-based, I think that is a mistake. thought there was logic in looking at that. Q57 Chairman: We have explored all the issues SO do Q55 Fiona Mactaggart: The other thing I wanted to not go down that road or we will be here all night! raise with you, I mentioned it in the adjournment Mr Campbell: On the substantive point about the debate which has been referred to earlier, is the case hotline, this was an issue which was debated at the of Rancheva. It is a decision by the European Court time. Of course there are a number of existing of Human Rights which seems, following the death hotlines and we would want to look at whether it was of an exotic dancer who had gone to Cyprus on a a case of better advertising them rather than perhaps performing visa, to say very clearly that there is a set up something which replicates that; duty on countries which are signatories to the Crimestoppers being a good example. Ev 12 Joint Committee on Human Rights: Evidence 26 January 2010 Mr Alan Campbell MP Q58 Chairman: Can I ask you a couple of other Mr Campbell: Yes. questions about enforcement action. The 2009 Action Plan said that there has been an improvement Q62 Chairman: What discussions have you had with in prosecution rates. Can you give us the details of the Crown Prosecution Service, the Police and other that? law enforcement agencies such as SOCA about Mr Campbell: Yes. The number of prosecutions has improving the prosecution and conviction rates? increased steadily since 2005. In 2005 there were 49 Mr Campbell: Yes, it is one of the key parts of prosecutions brought to court. In 2006, there were discussions with them. It is a crucial part-that 98, in 2007, 117 and in 2008, 165. The number of prosecutors, judges, the CPS, everybody involved in convictions has fluctuated to some extent. The main the process is aware of the need, if the evidence points that way, for prosecution for trafficking reason for that is that people who are prosecuted do offences. not end up being convicted for trafficking offences; they are convicted of something else, like for Q63 Chairman: What further changes in the example rape, brothel management, assisting procedure or law do we need to help secure it? unlawful immigration. Mr Campbell: I am not sure that we do necessarily need more legislation. I think we need a better understanding of the legislation. We need to make Q59 Chairman: They next question I was going to sure that the people are hoping to make use of the ask you is: are those prosecution figures solely for legislation if the opportunity arises, but, of course, trafficking offences or trafficking-related offences also, particularly because this is an element of like the ones you are talking about? serious organised crime, the CPS, the Police, SOCA Mr Campbell: Let me get this absolutely clear. The and others are looking to use whatever measures figures are for trafficking alone. The convictions for they have to bring people to justice but also to trafficking alone number 118 in total for trafficking, disrupt their activities. Traffickers may not end up three for conspiracy to traffic and seven convictions actually being prosecuted and convicted for for labour trafficking. Just in case I have made a trafficking but that does not mean nothing happens noose for my own neck, I have just been reminded to them. that that figure is not for all of them; it is just for trafficking. Q64 Dr Harris: In the answer to earlier questions you said you would get back to us. I think one of the questions was on rebuttable presumption. Could Q60 Chairman: The prosecutions were for that be quite soon? trafficking alone? Mr Campbell: Yes. Mr Campbell: Yes. Q65 Chairman: Is there anything you want to add? Mr Campbell: No, thank you. Q61 Chairman: And the conviction rate will include Chairman: Thank you for coming. It has been a very those who end up with convictions for trafficking useful session to us. The Committee stands plus brothel-keeping, rape, kidnapping or whatever? adjourned. Joint Committee on Human Rights: Evidence Ev 13 Written evidence Letter from Alan Campbell MP, Parliamentary Under Secretary of State, Home Office Thank you for your letter of 27 October 2009 requesting details of the future of the Metropolitan Police Service (MPS) Human Trafficking Team. First, may I apologise for the delay in responding to you letter, which is due to an administrative error. As you will be aware, the status of the MPS human trafficking team has been part of an MPS strategic review of organised immigration crime. On 11 December 2009 the outcome of that review was announced. Overall responsibility for the MPS's anti-trafficking work will transfer to the Clubs and Vice Unit, which will expand its remit to cover all forms of human trafficking (including labour trafficking) and in turn will move to the Specialist Crime Directorate, which deal with organised crime and house the outgoing Human Trafficking Team. The government has provided £2.3 million to the MPS for its work on organised immigration crime, which includes human trafficking, between 2007 when the trafficking team was established, and 2008-09. As we pointed out in our written response to the Home Affairs Select Committee report on human trafficking in August 2009, this funding was provided on a time limited basis. Our expectation was that it would be used to pump-prime work and mainstream it into the MPS core budget and business. It became apparent however that the MPS was not going to achieve this by end of the financial year 2008-09. The Government therefore agreed to provide an additional an exceptional contribution of £435,000 for the current financial year. This gave the MPS extra time to put in place a more long term arrangement for its anti trafficking work. Decisions on how to deploy police resources at the MPS are the responsibility of the Commissioner and his senior management team. Assistant Commissioner Cressida Dick has announced that moving responsibility for human trafficking into one single command will mean better co-ordination, less duplication and more accountability in the service provided to victims along with an increased focus on organised crime supported by the assets of the Specialist Crime Directorate. I trust this new arrangement will ensure that the MPS can continue to build on the progress it has made in dealing effectively with human trafficking. 20 January 2010 Memorandum from London Councils and the London Safeguarding Children Board LONDON SAFEGUARDING CHILDREN BOARD The London Board provides strategic advice and support to London's 32 Local Safeguarding Children Boards (LSCBs), and aims to respond to London agencies' needs on specific issues within a broad remit of: providing a strategic safeguarding children policy lead for London; promoting information sharing and collaboration in practice guidance and training for London agencies; - supporting research and initiatives to improve services and practice in London; and - helping London agencies meet the challenges of national safeguarding children policy. The London Board is chaired by Cheryl Coppell (Chief Executive, LB Havering), and its membership is made up of representatives from the London boroughs, the police, health, and probation; and London independent, voluntary and community agencies. The Board facilitates a number of professional networks and subgroups on key issues, and has a specific subgroup in place to address concerns around child trafficking within London. Over the past year, this subgroup has led the development and piloting of a best practice multi-agency safeguarding model for responding to the trafficking of children-see below for further details. CHILD TRAFFICKING IN LONDON An accurate picture of the child trafficking problem in London is difficult to obtain, particularly as few LSCBs collect data in a routine fashion. However, a number of research projects have found clear evidence that the issue is prevalent in London: In their 2004 report Cause for concern, ECPAT UK found that 26 of the 33 London boroughs had trafficking concerns regarding individual cases, or were suspicious about the circumstances in which a child had been brought into the UK or was currently living in. Only one borough stated that they had no concerns at all regarding trafficking. Ev 14 Joint Committee on Human Rights: Evidence - Through a mixture of outreach work in eight pilot boroughs and file auditing conducted in four boroughs, the London Safeguarding Children Board's Community Partnership Project (2007), part funded by the Home Office and DCSF, also found that child trafficking was more common than expected in London. PROFESSIONAL AWARENESS AND UNDERSTANDING The ECPAT UK report also found that professional awareness and understanding of trafficking was lacking at times, and recommended that specific guidance be produced to address this knowledge gap. The London procedure for safeguarding trafficked and exploited children was subsequently published in 2006, and was later used to inform the 2007 DCSF guidance Safeguarding children who may have been trafficked. In March 2008, London Councils' lead members instigated a multi-agency seminar to further raise awareness of the growing problem of human trafficking, adding to a number of conferences and seminars held on the issue both locally and pan-London in recent years. LONDON TRAFFICKED CHILDREN PILOTS Seven London boroughs are participating in an initiative which brings together workstreams from London Councils, individual London LSCBs, the MPS and theHome Office. The project aims to develop and share good practice local safeguarding responses, and to assist the integration of national trafficked children mechanisms with existing safeguarding children procedure and practice. A London Trafficked Children Toolkit has been drafted to assist implementation of the model. The toolkit includes legislation, local structures, training plans and an updated version of the original London procedure for safeguarding trafficked and exploited children and is aimed at any professional who may come into contact with a trafficked child (LA children's social care, asylum teams, schools, health services, youth offending teams, UKBA etc). London boroughs participating in the initiative are: Camden, Croydon, Islington, Harrow, Hillingdon, Hounslow and Southwark. The pilots are running for one year, and began in March 2009, with a final report to be published in spring 2010. POTENTIAL IMPACT OF 2012 OLYMPICS An emerging issue for that the London Safeguarding Children Board is the potential increase in trafficking associated with London hosting the 2012 Olympic Games. Evidence from previous Games and other major sporting events suggests that. RECOMMENDATIONS AND FUTURE WORK The London Safeguarding Children Board's work on child trafficking and the emerging findings from the trafficked children pilots provide some important recommendations that the Joint Committee may wish to consider. Gender impact assessments Gender impact assessments should be undertaken with every licensing application for adult entertainment premises-in the same way that child impact assessments are undertaken by Local Safeguarding Children Boards. Evidence links an increase in attacks on women in areas where such clubs operate. The London Board suggests that trafficking could be an element of the assessment and that training for licensing officers would enable them to identify potential trafficking when visiting premises. Provision of safe accommodation Safe accommodation is important in helping minimise the risk of child victims going missing from care. Child victims continue to be at risk from the serious organised crime networks that employ a range of techniques to try and ensure a child re-establishes contact with the trafficker if a child is in the care of a local authority. The pilot project has identified the importance of being able to provide a safe environment for the child and an opportunity to build trust as being critical in order to minimise the risk of children going missing from care. Further work in understanding why this is the case is required along with the development mutable option safe accommodation package. 1 Other pilot authorities are: Kent, Manchester, Slough, Solihull, Glasgow, and Newport. Joint Committee on Human Rights: Evidence Ev 15 Local specialist support Providing professionals with access to specialist support is another key finding from the trafficking pilots. The model developed through the pilot sees local authorities nominate a local professional and assist him/ her to develop specialist knowledge in relation to trafficked children. This local trafficked children lead will act as an adviser to other professionals and the lead professional in cases where the concerns in relation to a child are related to trafficking. A "trafficked children lead" could be a joint-funded post and could support staff in more than one LSCB area. Age assessments Assessing the age of a victim of trafficking can be necessary because a child may have documents which are false, or belong to another child, in order to make them appear younger or older. The age assessment process can be lengthy and distressing for the child, and may result in them missing out on services and protection as agencies consider who should take responsibility. Subsequently, the new London guidance states that the child must be given the benefit of the doubt and be provided with full protection as a child victim of trafficking until his or her age can be verified. New assessment tool for identifying child victims of trafficking Current LSCB and competent authority referral and joint working arrangements will benefit from enhanced information sharing protocols and a child centred multi agency safeguarding training package. The toolkit developed as part of the pilot project contains a joint assessment tool and referral form to assist local professionals in both assessing the needs of the child, the continuing risks that they may face, and referring their case to the United Kingdom Human Trafficking Centre (UKHTC), as a competent authority or the UKBA as a competent authority. The assessment was created within a children's services team and enhanced by the multi-agency ACPO victim identification group, and is also being used by the Home Office. Child trafficking sits within the child protection framework with early identification through assessment forming a critical first stage in safeguarding a child. Reasonable and conclusive grounds decisions within the context of the Council of Europe's Convention on Action against Trafficking in Human Beings play an important role in safeguarding a child, as through a children's services assessment and outcomes process lead to a clear definition of a child's experience and also defining the needs of a child within the statutory service provision. Assessment Framework/Common Assessment Framework Children are unlikely to disclose they have been trafficked, as most do not have an awareness of what trafficking is, may be too frightened of their traffickers or may believe they are coming to the UK for a better life. It is likely that the child will have been coached with a story to tell the authorities in the UK and warned not to disclose any detail beyond the story, as this would lead them to being deported. To assist professionals in all agencies to recognise the signs that a child may be trafficked as early as possible, the London toolkit provides a matrix of risk assessment indicators and links these to the CAF process and the national Framework for the Assessment of Children in Need and their Families. Potential impact of 2012 Olympics An emerging issue for that the London Safeguarding Children Board is the potential increase in child trafficking associated with London hosting the 2012 Olympic Games. Evidence from previous Games and other major sporting events suggests that incidence of child trafficking rises in line with the increased movement of people into host cities. Children are largely trafficked for sexual exploitation and child labour (including forced begging). CONCLUSION London has had a significant influence on national thinking around support for victims of child trafficking for a number of years, and seeks to continue to do SO through the new toolkit and pilots. The initiative integrates immigration issues for children with their right to be safeguarded and their welfare promoted under the Children Acts 1989 and 2004. The toolkit should further raise awareness of child trafficking and give frontline professionals and their managers in all agencies, in London and across the UK, the tools they need to identify and respond to child victims. January 2010 Printed in the United Kingdom by The Stationery Office Limited 3/2010 444082/2082 19585