Anti trafficking bulletin 15

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A regular digest of information and research related to human trafficking into and within the UK. Produced by the Research and Development Unit, on behalf of The Salvation Army’s Anti-Trafficking Co-ordinator.

Contents 1. Research, reports and journal articles 1.1 ‘Homeless in Europe’, June 2013 1.2 ‘Labour Exploitation and Health’, Journal of Immigrant and Minority Health article, May 2013 1.3 ‘Slavery by another name: the tied migrant domestic worker visa’ 1.4 ‘A question of credibility: why so many initial asylum decisions are overturned on appeal in the UK’ 2. Political and legislative 2.1 European Commission proposal for a Council Decision on decent work for domestic workers 2.2 UK introduces statelessness determination procedure 2.3 Health Secretary outlines plans to impose charges for NHS treatment on migrants ‘not permanently settled in the UK’ 1.4 Lord Chief Justice of England and Wales considers the issue of non-punishment in trafficking cases 1.5 Parliamentary questions 3. Campaigns 3.1 Save Legal Aid campaign 4. In the news 4.1 Trafficking of children 4.2 ‘Concern over trafficking Romanian prostitutes in London’ 4.3 ‘ How to…use the media to help combat human trafficking’ 4.4 ‘Legal aid residency tests will “leave migrant children destitute”’ 4.5 ‘Wisbech migrant housing exploitation tackled by police’ 1. Research, reports and journal articles 1.1 ‘Homeless in Europe’, June 2013 FEANTSA publishes special edition on homelessness and migration in the EU. http://feantsa.org/spip.php?article1363&lang=en 1.2 ‘Labour Exploitation and Health’, Journal of Immigrant and Minority Health article, May 2013 Research by Queen Mary, University of London, the London

4.6 ‘Catholic church says legal aid cuts will harm human trafficking victims’ 4.7 ‘Anti-slavery: collaboration begins to come of age’ 4.8 ‘West Midlands hotels urged to report child abuse suspicion’ 4.9 ‘Lawyers’ treatment of gangs grooming victims prompts call for reform’ 4.10 ‘Man jailed for abuse of “enslaved” woman in London’ 4.11 ‘Five charged over alleged “trafficking and prostitution ring”’ 4.12 ‘Raids part of EU funded project to tackle trafficking’ 4.13 ‘The noise on immigration is drowning out real problems’ 4.14 ‘Victim Support criticises code changes’ 4.15 ‘Connors servitude case: more than 100 people may have been held’ 4.16 ‘Experts call on government to appoint human trafficking commissioner’ 4.17 ‘Ipswich sex slave teenager case: London men jailed’ 4.18 ‘Scheme for young asylum seekers “could be model for UK”’ 4.19 ‘UK anti-trafficking conference: focus on innovation’ 4.20 ‘Women sex trafficking other women: the problem is getting worse’ 4.21 ‘Slavery: the case for compensation’ 4.22 ‘Human trafficking victims tell of drug factory ordeal’ 4.23 ‘Human trafficking: co-ordinator role “needs more teeth”’ 4.24 ‘Human trafficking victims will no longer be prosecuted, say police’ (Scotland) School of Hygiene and Tropical Medicine and King’s College London into the health of trafficked men. http://link.springer.com/article/10.1007%2 Fs10903-013-9832-6 1.3 ‘Slavery by another name: the tied migrant domestic worker visa’ Kalayaan report into the impact of changes to the migrant domestic worker visa regime. http://www.kalayaan.org.uk/documents/Slavery%20 by%20a%20new%20name-%20Briefing%207.5.13.pdf

This bulletin covers material produced during the period 12 March – 9 June 2013 although it should be noted that, due to space limitations, not all relevant material may have been included. The bulletin includes links to material and sources and is provided by way of information. The information included is not necessarily endorsed or supported by The Salvation Army.


1.4 ‘A question of credibility: why so many initial asylum decisions are overturned on appeal in the UK’ Amnesty International report on Home Office decisions on asylum cases: http://www.amnesty.org.uk/uploads/documents/ doc_23149.pdf 2. Political and legislative 2.1 European Commission proposal for a Council Decision authorising Member States to ratify, in the interests of the European Union, the Convention concerning decent work for domestic workers, 2011, of the International Labour Organisation (Convention No 189) http://www.statewatch.org/news/2013/apr/eu-comilo-convention-domestic-workers.pdf 2.2 UK introduces statelessness determination procedure The UK has introduced a statelessness determination procedure, for people unable to leave the UK and return to another country, and who consider themselves to be stateless, to apply for leave to remain as a stateless person. http://www.ukba.homeoffice.gov.uk/visas-immigration/ while-in-uk/stateless/ 2.3 Health Secretary outlines plans to impose charges for NHS treatment on migrants ‘not permanently settled in the UK’ The full statement can be viewed here: http://www.publications.parliament.uk/pa/ cm201213/cmhansrd/cm130325/debtext/130325-0001. htm#13032510000004 2.4 Lord Chief Justice of England and Wales considers the issue of non-punishment in trafficking cases ECPAT and Anti-Slavery International offer commentary on Court of Criminal Appeal decision on Article 8 of the EU Trafficking Directive. http://www.antislavery.org/english/press_and_news/ news_and_press_releases_2009/the_lord_chief_ justice_of_england_and_wales_considers_the_issue_of_ nonpunishment_in_trafficking_cases.aspx http://www.ecpat.org.uk/media/court-considers-issuenon-punishment-trafficking-cases 2.5 Parliamentary questions The following section, drawn from the Hansard Commons debates, covers responses to parliamentary questions asked by MPs, in reverse chronological order. May 13 Mr Henry Bellingham (North West Norfolk): To ask the Secretary of State for the Home Department, what changes there will be to the National Referral Mechanism for human trafficking victims after the UK Border Agency is abolished. Mr Harper: There will be no change to the National Referral Mechanism (NRM) for human trafficking victims now that the operational functions of the former UK Border Agency have transferred into the core Home

Office. UK Visas and Immigration and Immigration Enforcement will be Competent Authorities alongside the UK Human Trafficking Centre (UKHTC) and their staff will consider referrals on potential victims of trafficking just as they did in the former UK Border Agency. To enhance this process the Home Office is piloting an NRM Hub which will provide a centre of expertise in making NRM decisions. Michael Fabricant (Lichfield): To ask the Secretary of State for the Home Department, what estimate she has made of the number of people subject to human trafficking in (a) Lichfield constituency and (b) the smallest area including Lichfield constituency for which data are available. Mr Harper: Data on identified victims of human trafficking are not collected at constituency level. The location where a victim is identified may not be the same as where the exploitation occurred. In 2012 one potential victim of trafficking was referred to the National Referral Mechanism by local authorities in Staffordshire. The UK Human Trafficking Centre publishes quarterly statistical data from the National Referral Mechanism on its website: http://www.soca.gov.uk/about-soca/about-the-ukhtc/ national-referral-mechanism/statistics 23 April Mr Frank Field (Birkenhead): To ask the Secretary of State for Justice, pursuant to the Answer to the hon. Member for Banbury of 14 February 2013, Official Report, column 866W, on human trafficking, for what reasons he considers the release of the requested information by local authority area to be a threat to victim safety. Mrs Grant: As set out in the inter-departmental ministerial group on human trafficking, published on 18 October 2012, the Government is focusing on improving its collection of data on human trafficking victims to strengthen the UK’s response to this. The safety of identified victims is of the utmost importance and publishing further information which puts their rescue in jeopardy is unacceptable. Publishing information on the local authority area to which victims have been referred could allow the trafficker to locate them. Additionally it could put the safety of any victims still being held by the trafficker at risk. Michael Connarty (Linlithgow and East Falkirk): To ask the Secretary of State for the Home Department, pursuant to the Answer to Question 150248, of 26 March 2013, if she will list the Government departments and agencies involved in work to combat human trafficking; and how much each department and agency spent on such work in each of the last three years for which information is available. Mr Harper: The inter-Departmental Ministerial Group Report on human trafficking includes details of the departments and agencies working to combat human trafficking. Expenditure by each Department and agency on work to combat human trafficking is not recorded separately or centrally.


22 April Baroness Doocey: To ask Her Majesty’s Government how many of the children referred by the UK Border Agency in 2012 to the National Referral Mechanism for Victims of Trafficking first arrived in the United Kingdom on a document with a visa. The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach): Of the 98 potential child-trafficking cases referred into the National Referral Mechanism by the UK Border Agency and Border Force in 2012, 29 can be matched to a UK visa. Figures relate to cases where the applicant was under 18 years old at the time of referral. This data is based on UK Border Agency and Serious Organised Crime Agency management information and as such has not been quality-assured as part of the production of National Statistics outputs. It is provisional and subject to change. Baroness Doocey: To ask Her Majesty’s Government how many of the children referred by the UK Border Agency in 2012 to the National Referral Mechanism for Victims of Trafficking have had their cases referred to the police for child abuse or human trafficking-related investigations. Lord Taylor of Holbeach: Ninety-eight potential child-trafficking cases were referred into the National Referral Mechanism by the UK Border Agency and Border Force in 2012. All 98 cases were referred to the Serious Organised Crime Agency and in 60 cases an additional referral was made to a local police team. Figures relate to cases where the applicant was deemed to be under 18 years old at the time of referral. This data is based on UK Border Agency and Serious Organised Crime Agency management information and as such has not been quality-assured as part of the production of National Statistics outputs. It is provisional and subject to change. Lord Roberts of Llandudno: To ask Her Majesty’s Government what plans they have to end human trafficking following the first annual report of the InterDepartmental Ministerial Group on Human Trafficking. Lord Taylor of Holbeach: The Government continue to strengthen the UK’s efforts to combat human trafficking, through their human trafficking strategy and with direction and oversight from the inter-departmental ministerial group (IDMG) on human trafficking. Through its annual report, the IDMG will assess trends, work with civil society organisations and make recommendations continually to test, reinforce and strengthen the UK’s approach to tackling this crime. 26 March: Extract from oral questions to the AttorneyGeneral: Human Trafficking Fiona Mactaggart (Slough) (Lab): What assessment he has made of the effectiveness of prosecutions for human trafficking and related offences; and if he will make a statement.

The Solicitor-General (Oliver Heald): As a member of the interdepartmental ministerial group on human trafficking, I keep the effectiveness of prosecutions for that very serious form of crime under review. Wherever possible, the Crown Prosecution Service brings prosecutions for human trafficking or other related offences. Fiona Mactaggart: Has the Solicitor-General asked for advice on the letter signed by a dozen charities on 28 April, which predicts that when the EU trafficking directive comes into force on 6 April the UK will be in breach of the following: the protection of victims during criminal procedures, access to compensation and legal assistance, and the provision of a guardian for trafficked children during legal proceedings? What is he going to do about that? The Solicitor-General: As the hon. Lady will know – I hope she will forgive me – we do not, as Law Officers, explain when and where we have given advice. Her point is very important, however. Victims of human trafficking need to be identified and it is important that they should not be prosecuted or treated disrespectfully once that is known. That is one of the points being discussed in the interdepartmental ministerial group and she is right to highlight it. Mr Peter Bone (Wellingborough) (Con): My hon. Friend referred to the interdepartmental ministerial group. Is not one of the problems that there are lots of different Acts of Parliament? Would there be any merit in pulling all the different Acts together in a consolidation Act on modern day slavery? The Solicitor-General: I pay tribute to my hon. Friend for his work in this area. It is possible to consider putting a number of laws into a consolidating statute, but the problem is that we tend as a House of Commons to say, ‘We have these laws. Do we want to spend time consolidating them when we might have other matters to deal with?’ Taking such an action was recommended in the recent report from the Centre for Social Justice, however. I have discussed it with the authors and the interdepartmental ministerial group will consider it. Jim Shannon (Strangford) (DUP): Northern Ireland has had a number of convictions for human trafficking, and there are cases pending. Legislation will soon be introduced in the Northern Ireland Assembly by my colleague, Lord Morrow. Will the Solicitor-General outline the co-operation across all regions of the United Kingdom to tackle human trafficking? The Solicitor-General: As the hon. Gentleman will know, there has been considerable co-operation and co-ordination of effort, particularly over intelligence and how those offences can be disrupted. Of course, there is an issue about the new National Crime Agency and exactly how it will operate – he will be aware of the situation and the ongoing discussions. It is important that there is that co-ordination of effort, which happens across the United Kingdom and the wider world, in trying to tackle the problem.


25 March Justin Tomlinson (North Swindon): To ask the Secretary of State for the Home Department, if she will recommend that fighting modern-day slavery is made a strategic priority for police forces. Mr Harper: The Secretary of State for the Home Department, my right hon. Friend the Member for Maidenhead (Mrs May), set out in the Strategic Policing Requirement that fighting organised crime must be a priority for all police forces. While it is for police and crime commissioners to determine local policing priorities, they must have regard to this requirement. The requirement sets out the threats that the police must address and the appropriate national policing capabilities required to counter those threats, respecting the operational independence of the police. I expect all forces to treat human trafficking extremely seriously.

19 March Emily Thornberry (Islington South and Finsbury): To ask the Attorney General, what information is held by the Crown Prosecution Service on the number of victims of human trafficking who have been prosecuted for illegal immigration offences since 2010. The Solicitor-General: I am unable to provide data on the number of victims of human trafficking who have been prosecuted for immigration offences. The Crown Prosecution Service (CPS) Case Management System (CMS) cannot identify if a defendant who has been charged with an immigration offence is also a victim of human trafficking. The CPS is committed to bringing the perpetrators of human trafficking and criminal gangs exploiting people in the first place to justice.

14 March Lord Roberts of Llandudno: To ask Her Majesty’s Government what qualifications are needed by UK Border Agency caseworkers; and what (1) standard, and (2) continued professional development, training is provided for UK Border Agency caseworkers. The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach): Depending on the specific case working role, the current qualifications needed by UK Border Agency caseworkers are either (a) 2:2 degree, or two A-levels at grade C or above (b) 2:2 degree, or five GCSE at grade C or above. All UK Border Agency staff receive mandatory e-learning in information management and information assurance, keeping children safe, human trafficking, health and safety awareness, introduction to diversity and equality, counterfraud, bribery and corruption. There are a number of different case-working functions in the UK Border Agency. Each has a specific mandatory training programme which all caseworkers undertake prior to making casework decisions. Caseworkers also receive counter terrorism training and casework information

database training. Caseworkers who interview applicants attend a mandatory two day personal safety training course. This is followed by an annual one day refresher course. Additional training is provided as caseworkers develop and progress in their role. Report writing training is provided by Civil Service Learning and is mandatory for those engaged in providing reports for court or for intelligence reports. All officers engaged in these activities have completed this training.

12 March Michael Connarty: (Linlithgow and East Falkirk): To ask the Secretary of State for the Home Department, which shelters for victims of human trafficking the Minister for Immigration has visited since his appointment; and if she will make a statement. Mr Harper: Responsibility for support for victims of human trafficking rests with the Ministry of Justice. The Minister for Victims and the Courts, my hon. Friend the Member for Maidstone and The Weald (Mrs Grant), visited a victims’ shelter on Anti-Slavery Day, 18 October 2012. I have not yet had the opportunity to undertake such a visit.

3. Campaigns 3.1 Save Legal Aid campaign Recent proposals to changes in legal aid and potential impact upon vulnerable migrants and victims of trafficking: http://www.savelegalaid.co.uk/

4. In the News 4.1 A series of articles documenting the experiences of younger victims of trafficking: ‘Guest house arrests in Oxford child trafficking case’ BBC, 6 June http://www.bbc.co.uk/news/uk-englandoxfordshire-22807997 ‘Oxford sex trafficking inquiry: three further arrests’ BBC, 6 June http://www.bbc.co.uk/news/uk-englandoxfordshire-22794667 ‘Rochdale council chief says systemic failures prevented capture of child abuse gang’ Guardian, 24 May http://www.guardian.co.uk/uk/2013/may/24/rochdalefailures-child-abuse-gang?INTCMP=SRCH ‘High Wycombe grooming case: girl “repeatedly raped by group”’ BBC, 22 May http://www.bbc.co.uk/news/uk-england-beds-bucksherts-22626994


‘Grooming victims in danger of “reliving abuse” by giving evidence in dock’ The Observer, 19 May http://www.guardian.co.uk/law/2013/may/19/oxfordgrooming-gang-trial-barnardos?INTCMP=SRCH ‘Oxford rape and trafficking: two sides of the city’ BBC, 16 May http://www.bbc.co.uk/news/uk-englandoxfordshire-22384756 ‘Oxford grooming case: police delays questioned’ BBC, 15 May http://www.bbc.co.uk/news/uk-22536707

‘Operation Chalice: child sex abuse case concludes’ BBC, 10 May http://www.bbc.co.uk/news/uk-22479127 ‘Telford faces up to child sex abuse cases’ BBC, 10 May http://www.bbc.co.uk/news/uk-englandshropshire-22379415 ‘NI child abuse levels “disturbing” says NSPCC report’ BBC, 18 April http://www.bbc.co.uk/news/uk-northernireland-22196081

‘Oxford abuse case: police chief “very sorry”’ BBC, 15 May http://www.bbc.co.uk/news/uk-22536375

‘Gwent missing children project launched’ BBC, 18 March http://www.bbc.co.uk/news/uk-wales-south-eastwales-21827651

‘Oxford child sex abuse ring: senior officials will not resign over failings’ Guardian, 15 May http://www.guardian.co.uk/society/2013/may/15/ oxford-child-sex-police-refuse-resign?INTCMP=SRCH

4.2 ‘Concern over trafficking Romanian prostitutes in London’ BBC, 7 June http://www.bbc.co.uk/news/uk-englandlondon-22818704

‘Oxford child sex abuse ring: social services failed me, says victim’ Guardian, 15 May http://www.guardian.co.uk/society/2013/may/14/ oxford-abuse-ring-social-services?INTCMP=SRCH ‘Oxford exploitation trial: guilty verdicts over child rapes’ BBC, 14 May http://www.bbc.co.uk/news/uk-englandoxfordshire-22438623 ‘Oxford gang skilfully groomed young victims then sold them for £600 at a time’ BBC, 14 May http://www.guardian.co.uk/uk/2013/may/14/oxfordgang-groomed-victims-hell?INTCMP=SRCH ‘Oxford child rape trial: why was it not stopped sooner?’ BBC, 14 May http://www.bbc.co.uk/news/uk-england-21744674 ‘Uncomfortable truths of child exploitation in Britain’ BBC, 14 May http://www.bbc.co.uk/news/uk-22522232 ‘Oxford rape and trafficking: who were the victims?’ BBC, 14 May http://www.bbc.co.uk/news/uk-england-21445538 ‘Oxford rape and trafficking: who were the abusers?’ BBC, 14 May http://www.bbc.co.uk/news/uk-englandoxfordshire-22164676 ‘Child sexual abuse civil court orders criticised’ BBC, 14 May http://www.bbc.co.uk/news/uk-22519566

4.3 ‘How to… use the media to help combat human trafficking’ Guardian, 3 June http://www.guardian.co.uk/global-developmentprofessionals-network/2013/jun/03/anti-traffickingcommunications-tips?INTCMP=SRCH 4.4 ‘Legal aid residency tests will “leave migrant children destitute”’ The Observer, 2 June http://www.guardian.co.uk/law/2013/jun/02/ residency-tests-migrant-children?INTCMP=SRCH 4.5 ‘Wisbech migrant housing exploitation tackled by police’ BBC, 29 May http://www.bbc.co.uk/news/uk-englandcambridgeshire-22707537 4.6 ‘Catholic church says legal aid cuts will harm human trafficking victims’ Guardian, 22 May http://www.guardian.co.uk/law/2013/may/22/ catholic-church-legal-aid-trafficking?INTCMP=SRCH 4.7 ‘Anti-slavery: collaboration begins to come of age’ Guardian, 21 May http://www.guardian.co.uk/global-developmentprofessionals-network/2013/may/21/ collaboration-sector-modern-day-slavery-humantrafficking?INTCMP=SRCH 4.8 ‘West Midlands hotels urged to report child abuse suspicion’ BBC, 20 May http://www.bbc.co.uk/news/uk-englandbirmingham-22599364


4.9 ‘Lawyers’ treatment of gangs grooming victims prompts call for reform’ Guardian, 19 May http://www.guardian.co.uk/law/2013/may/19/lawyersoxford-abuse-ring?INTCMP=SRCH 4.10 ‘Man jailed for abuse of “enslaved” woman in London’ BBC, 16 May http://www.bbc.co.uk/news/uk-englandlondon-22552912 4.11 ‘Five charged over alleged “trafficking and prostitution ring”’ BBC, 16 May http://www.bbc.co.uk/news/uk-englandlondon-22550967

4.17 ‘Ipswich sex slave teenager case: London men jailed’ BBC, 26 April http://www.bbc.co.uk/news/uk-england-22307652 4.18 ‘Scheme for young asylum seekers “could be model for UK”’ BBC, 26 April http://www.bbc.co.uk/news/uk-scotland-22310696 4.19 ‘UK anti-trafficking conference: focus innovation’ Guardian, 24 April http://www.guardian.co.uk/global-developmentprofessionals-network/2013/apr/24/anti-humantrafficking-2013-conference?INTCMP=SRCH

on

4.12 ‘Raids part of EU funded project to tackle trafficking’ BBC, 14 May http://www.bbc.co.uk/news/uk-22525577

4.20 ‘Women sex trafficking other women: the problem is getting worse’ Guardian, 22 April http://www.guardian.co.uk/lifeandstyle/2013/apr/22/ women-sex-trafficking-women-problem?INTCMP=SRCH

4.13 ‘The noise on immigration is drowning out real problems’ BBC, 13 May http://www.guardian.co.uk/commentisfree/2013/ may/13/noise-immigration-drowning-out-realproblems?INTCMP=SRCH

4.21 ‘Slavery: the case for compensation’ Guardian, 11 April http://www.guardian.co.uk/global-developmentprofessionals-network/2013/apr/11/slaverycompensation-trafficking-victims?INTCMP=SRCH

4.14 ‘Victim Support criticises code changes’ BBC, 10 May http://www.bbc.co.uk/news/uk-politics-22473345 4.15 ‘Connors servitude case: more than 100 people may have been held’ BBC, 8 May http://www.bbc.co.uk/news/uk-england-beds-bucksherts-22446454 4.16 ‘Experts call on government to appoint human trafficking commissioner’ Guardian, 1 May http://www.guardian.co.uk/global-developmentprofessionals-network/2013/may/01/human-traffickingmodern-day-slavery?INTCMP=SRCH

4.22 ‘Human trafficking victims tell of drug factory ordeal’ Guardian, 7 April http://www.guardian.co.uk/law/2013/apr/07/humantraffic-victims-drug-factories?INTCMP=SRCH 4.23 ‘Human trafficking: co-ordinator role “needs more teeth”’ BBC, 5 April http://www.bbc.co.uk/news/uk-wales-22041397 4.24 ‘Human trafficking victims will no longer be prosecuted, say police’ (Scotland) BBC, 2 April http://www.bbc.co.uk/news/uk-scotland-22007019

We rely on contributions from others and would love to hear from you if you have any information to submit. For more information, or to contribute to next month’s bulletin, please contact the Research & Development Unit at rdu@salvationarmy.org.uk. However, please note that due to space constrictions, not all contributions may be included.

The Salvation Army United Kingdom Territory with the Republic of Ireland Registered charity No 214779, and in Scotland SC009359


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