Concise Supporter Briefing NI: Human Trafficking Autumn 2012
Lord Morrow MLA is consulting on his draft Human Trafficking and Exploitation (Further Provisions and Support for Victims) Bill. The consultation lasts until 18 October, Anti-Trafficking Day. CARE in Northern Ireland very strongly supports the Bill in every respect and is working closely with Lord Morrow. We believe that it is vital that as many people and organisations as possible respond to this consultation and affirm its great importance and timeliness. Trafficking in Northern Ireland Official figures show that trafficking to Northern Ireland is on the increase. 11 victims were recorded by the National Referral Mechanism in 2008/9, 25 in 09/10, 23 in 10/11 and 27 in 11/12. The biggest single reason for trafficking is sex. In 2011/12 18 out of the 27 rescued had been trafficked for sex. There are inevitably many more trafficked to Northern Ireland who have not yet been rescued. In this context there has been increasing concern in Northern Ireland about trafficking, including a major debate in Stormont on 7 February and also the formation of an All Party Anti-Trafficking Group. Of greater importance, however, Northern Ireland has also been presented with a major opportunity to significantly enhance its anti-trafficking legislation but sadly has not risen to the challenge. Failing to Act – Missed Opportunity In January it became clear that the Northern Ireland Assembly would be given responsibility for achieving Northern Ireland’s compliance with the European Directive on Preventing and Combating Trafficking in Human Beings and Protecting its Victims 2011 by April 2013 – now less than a year away. Since then, however, the Department of Justice has only consulted on and proposed two new offences in the current Criminal Justice Bill. These ensure that: 1. When offences are carried out abroad, British citizens and residents of Northern Ireland can be prosecuted in Northern Ireland; and 2. A loophole which allowed trafficking for labour exploitation within the UK is closed and becomes a crime.
To only propose these two measures in response to the Directive is extraordinary given the number of changes mandated by the Directive. What a Directive proposes and what one has to do to avoid non-compliance for inadequate implementation are not necessarily the same thing. It may be that the Northern Ireland Executive considers that it is only necessary to make these two changes to avoid being taking to court by the EU? What is clear, however, is that such a strategy constitutes a huge missed opportunity and would suggest that Northern Ireland is not really interested in, or concerned about, taking this challenge seriously. Tremendous Opportunity The arrival of the Morrow Bill in this context is extremely timely. It has been deliberately framed mindful of what is proposed by the EU Directive and, rather than asking what is the bare minimum Northern Ireland can do to implement the Directive and avoid getting into trouble with the EU, it asks what a fulsome application of the Directive would look like. Lord Morrow’s excellent
Bill (plus the two changes proposed by the Northern Ireland Executive’s Criminal Justice Bill which Lord Morrow’s Bill does not duplicate) makes good the limitations of the Executive’s Criminal Justice Bill. Sex Trafficking into Northern Ireland There is one respect in which Lord Morrow’s Bill goes very deliberately beyond what is directly mandated by the Directive and that is in proposing to criminalise paying for sex. This is essential. The fact is that trafficking to Northern Ireland is primarily driven by the demand for more paid sex. If that demand did not exist trafficking to Northern Ireland would be greatly eroded. Lord Morrow’s Bill engages directly with that challenge by criminalising demand in the way that the Swedish government has done so and very successfully.
Please take time to respond to Lord Morrow’s consultation. You can access a copy of Lord Morrow’s Bill at: http://www.niassembly.gov.uk/Documents/Legislation/ Bills/Private-Members-Bills/Session-2011-12/humantrafficking-bill/Human-Trafficking-and-ExploitationDraft-Bill.pdf You can access a full copy of Lord Morrow’s consultation on the Bill at: http://www.niassembly.gov.uk/Documents/Legislation/ Bills/Private-Members-Bills/Session-2011-12/humantrafficking-bill/tackle-human-trafficking.pdf Letter to Lord Morrow If you are pressed for time you may choose to simply write a letter that responds to the first question in the consultation: ‘Do you agree that there is a case for further legislation to prevent and tackle human trafficking and support victims?’ If this is your preference we suggest that you write saying that you are responding to question 1 and that you agree with and warmly welcome the Bill.
You might want to make some of the following points: •
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That the Bill is essential because it closes the gap between the very limited changes proposed by the Northern Ireland Executive to make Northern Ireland compliant with the EU Anti-Trafficking Directive and what is actually mandated by the Directive; That you know that a country does not necessarily have to do everything mentioned by a Directive but that, given the seriousness of the crime, you believe that rather than doing the bare minimum in order to avoid getting into trouble with the EU, Northern Ireland should do the maximum, and indeed go beyond the Directive, so that Northern Ireland can become a model of best practice and lead the way in tackling trafficking in the UK; Explain that you recognise that the primary reason for trafficking into Northern Ireland is for sex and thus you particularly welcome his proposal to criminalise paying for sex which would directly address demand for trafficking and do so more effectively than our current laws.
Responding to More Consultation Questions If you have time it would be great if you could respond to each of the questions in Lord Morrow’s consultation. To see CARE’s briefing on the consultation questions please visit: www.care.org.uk/morrowbill Lord Morrow’s Bill has attracted quite a lot of media attention in relation to its proposals regarding paying for sex. Sadly there has been a great deal of misinformation in the press. As a result of this CARE in Northern Ireland has produced a special more in depth briefing on this issue which can be accessed at: www.care.org.uk/payingforsex
Please Send Your Responses to Lord Morrow MLA at: mauricemorrow@hotmail.com or maurice.morrow@mla.niassembly. gov.uk Or by post to (Assembly Office), Room 222, Parliament Buildings, Stormont, Belfast BT4 3XX Or DUP Advice Centre, 19 Church Street, Dungannon, County Tyrone BT71 6AB
Public Affairs Team / CARE / 53 Romney Street / London SW1P 3RF Tel 020 7233 0455 mail@care.org.uk www.care.org.uk Executive Chariman: Lyndon Bowring Chief Executive: Nola Leach Charity no. 1066963 Scottish Charity SC038911