Nationality and Borders Bill

Lord Coaker moved Motion L1, as an amendment to Motion L, at end to insert “and do propose Amendment 25D in lieu—
25D Leave out Clause 62 and insert the following new Clause—
“Identified potential victims etc: disqualification from protection
(1) This section applies to the construction and application of Article 13 of the Trafficking Convention.
(2) A competent authority may determine that it is not bound to observe the minimum recovery period under section 60 of this Act in respect of a person in relation to whom a positive reasonable grounds decision has been made if the authority is satisfied that it is prevented from doing so—
(a) on the grounds of public order; or
(b) where the person is claiming to be a victim of modern slavery improperly.
(3) For the purposes of subsection (2)(a), the circumstances in which there are grounds of public order are where—
(a) the person has been convicted of a terrorist offence; or
(b) the person is subject to a TPIM notice (within the meaning given by section 2 of the Terrorism Prevention and Investigation Measures Act 2011).
(4) The Secretary of State must, within one year of this Act being passed—
(a) prepare and publish a consultation on whether the circumstances in which there are grounds of public order under subsection (3) should be expanded to include circumstances where a person has
been convicted of any specific offence listed in Schedule 4 to the Modern Slavery Act 2015, other than a terrorist offence; and
(b) lay a response to the consultation before each House of Parliament.
(5) A consultation response published under subsection (4)(b) must include a statement setting out how any proposed additions to subsection (3) are compliant with the Trafficking Convention.
(6) In subsection (3) a “terrorist offence” means any of the following (whenever committed)—
(a) an offence listed in—
(i) Schedule A1 to the Sentencing Code (terrorism offences: England and Wales), or
(ii) Schedule 1A to the Counter-Terrorism Act 2008 (terrorism offences: Scotland and Northern Ireland);
(b) an offence that was determined to have a terrorist connection under—
(i) section 69 of the Sentencing Code (in the case of an offender sentenced in England and Wales), or
(ii) section 30 of the Counter-Terrorism Act 2008 (in the case of an offender sentenced in Northern Ireland, or an offender sentenced in England and Wales before the Sentencing Code applied);
(c) an offence that has been proved to have been aggravated by reason of having a terrorist connection under section 31 of the CounterTerrorism Act 2008 (in the case of an offender sentenced in Scotland).
(7) Any determination made under subsection (2) must only be made—
(a) in exceptional circumstances;
(b) where necessary and proportionate to the threat posed, including that the person in question poses an immediate, genuine, present and serious threat to public order; and
(c) following an assessment of all the circumstances of the case.
(8) A determination made under subsection (2) must not be made where it would breach—
(a) a person’s rights under the European Convention on Human Rights;
(b) the United Kingdom’s obligations under the Trafficking Convention; or
(c) the United Kingdom’s obligations under the Refugee Convention.
(9) For the purposes of a determination under subsection (2)(b) victim status is being claimed improperly if the person knowingly and dishonestly makes a false statement without good reason, and intends by making the false statement to make a gain for themselves.
(10) A good reason for making a false statement includes, but is not limited to, circumstance where—
(a) the false statement is attributable to the person being or having been a victim of modern slavery, or
(b) any means of trafficking were used to compel the person into making a false statement.
(11) This section does not apply where the person is under 18 years at the time of the referral.
(12) In section 49 of the Modern Slavery Act 2015 (guidance about identifying and supporting victims), after subsection (1)(c) insert—
“(d) under what circumstances a person may be considered to pose an immediate, genuine, present and serious threat to public order, for the purposes of the application of Article 13 of the Trafficking Convention.”
(13) Nothing in this section affects the application of section 60(2).””