Suella Braverman’s claims modern slavery laws are being abused questioned by Home Office’s own report

Only 7% of small boat migrants are given protection as potential trafficking victims, official figures show

The government is bringing in laws that will allow modern slavery victims to be detained and deported (Copyright 2022 The Associated Press. All rights reserved)

A Home Office report has raised fresh questions about Suella Braverman’s claims that modern slavery laws are being “abused” by small boat migrants.

Ministers have justified new powers to detain and deport trafficking victims, even those helping police investigations, by alleging that protections are being exploited.

While unveiling the Illegal Migration Bill, the home secretary told parliament: “Modern slavery laws are being abused to block removals. That is why this bill disqualifies illegal entrants from using modern slavery rules to prevent removal.”

But a Home Office report published on Thursday said that only 7 per cent of people arriving on small boats are flagged to the National Referral Mechanism (NRM) for modern slavery victims, and that they are “no more likely” to be referred than the wider asylum population.

Research found that while numbers of potential victims had hit new records, with Albanians becoming the top nationality, the increase “reflects an increase in asylum claims rather than a change in the behaviour of asylum seekers”.

It said that 65 per cent of small boat migrants detained for removal are referred into the modern slavery system at that point, but that the proportion has fallen in recent years.

“This suggests that the prospect of having to leave the UK may act as a trigger for people to raise issues related to modern slavery, or that enforcement processes may help first responders identify potential victims,” the report said. “People subject to immigration controls can be referred into the NRM at any point after entering the country.”

The new Illegal Immigration Bill would disqualify small boat migrants who are the victims of trafficking from receiving support, and allow them to be deported to Rwanda and other countries while officials are still investigating their claims.

Despite resistance from Conservative MPs led by former prime minister Theresa May, ministers have watered down an exemption for people helping police investigations, with an amendment stating that “it is not necessary for the person to be present in the United Kingdom to provide the cooperation”.

Separate figures released by the government showed a fall in the proportion of people found to have “reasonable grounds” for a modern slavery claim, after ministers raised the threshold of proof.

Dame Sara Thornton, the former Independent Anti-Slavery Commissioner, told The Independent the figures “strengthen the argument made by Theresa May in parliament that we need to examine the impact of recent changes before passing more legislation.”

During a debate on the Illegal Migration Bill last week, Ms May called the new laws a “slap in the face for those of us who actually care about victims of modern slavery and human trafficking”.

“There is no evidence to support the claim that the NRM is being abused - on the contrary,” she added.

“The biggest problem is not abuse but the big delay in finding an answer for victims, which is of course within the government’s control.”

Ms May, who introduced the Modern Slavery Act as home secretary in 2015, said the new laws would make it harder to investigate and prosecute traffickers, and potentially drive victims back into their arms.

“The government will be ensuring that more people will stay enslaved and in exploitation as a result of this bill,” she warned.

Ministers have pointed to the high number of Albanian modern slavery referrals, but the National Crime Agency has said many Albanians are brought to the UK in small boats by criminal gangs who then force them to work in drug trafficking or other illegal trades.

The Children’s Commissioner watchdog revealed the case of a 16-year-old Albanian boy who was trafficked on a dinghy by a drugs gang, and was referred to the NRM by Border Force staff who noticed he was “malnourished” and had learning difficulties.

The number of potential modern slavery victims of different nationalities referred to the National Referral Mechanism fromJanuary to March 2023 (Home Office)

Maya Esslemont, director of the After Exploitation organisation, accused the government of “sticking its head in the sand and blaming victims” rather than addressing the issue.

“The data overwhelmingly shows that many non-UK victims are terrified of working with authorities, and that we are recognising too few victims, not too many,” they said.

“What we are seeing is the complete dismantling of support for victims of this serious crime, on the basis of nationality.

“We are concerned that hollow statistics and misleading claims of ‘system abuse’ are being used as an excuse to stop providing basic support such as safe housing or counselling to survivors.”

The Home Office insisted that the Illegal Migration Bill would provide protection for “genuine victims”.

A spokesperson said: “The modern slavery system is open to abuse – these statistics show the likelihood of making a claim is higher when people are detained prior to removal compared to making a claim earlier in the process.

“While tackling the horrific crimes of modern slavery remains a priority, it is unfair that genuine victims may be left waiting longer to receive the protections they need due to others attempting to stay despite having no right to be here.”