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IOM UK responses to calls for evidence
The following evidence submissions were made by IOM UK between 2018 - 2024.
If you have any questions regarding any of the submissions, please feel free to contact us at iomuk@iom.int.
House of Lords Modern Slavery Act inquiry - 2024
This submission was made in April 2024 in response to the call evidence for the House of Lords Select Committee inquiry on the Modern Slavery Act 2015.
IOM’s submission focuses on responding to two of the topics as described in the call for evidence. Firstly, “the extent to which the Modern Slavery Act 2015 has been impacted by recent legislation” and secondly, “the efficacy of the other key provisions of the Act, including definitions, sanctions, reporting, enforcement, and the statutory defence for victims.”
In addressing the first topic, this submission concentrates on the impacts of the Nationality and Borders Act 2022 (NABA) in changing how Reasonable Grounds (RG) decisions are made and the impacts of Section 63 “identified potential victims etc: disqualification from protection” (specifically 63.1 (a) that the person is a threat to public order) of NABA 1 and Section 29 of the Illegal Migration Act 2023 (IMA). IOM’s response to the second topic specifically focuses on the ongoing challenges with the operationalisation of the statutory defence enshrined in Section 45 of the Modern Slavery Act 2015 (MSA).
Independent Chief Inspector of Borders and Immigration call for evidence on the inspection of the Immigration Enforcement Competent Authority - 2024
This submission was made in February 2024 in response to the Independent Chief Inspector of Borders and Immigration (ICIBI) call for evidence on the inspection of the Immigration Enforcement Competent Authority (IECA).
IOM’s submission focuses on the impact of recent legislative changes, the timeliness of Reasonable Grounds and Conclusive Grounds decisions, and the quality of decisions and assurance mechanisms.
This submission is based on IOM’s analysis of the disaggregated National Referral Mechanism (NRM) data which is available from the UK Data Service. It highlights significant falls in the number of positive NRM decisions by the IECA since the implementation of changes introduced by the Nationality and Borders Act 2022 and increases in how long decisions by the IECA have taken since those changes.
The submission documents recent efforts to quality assure NRM decisions and emphasises that the cancellation of the Multi-Agency Assurance Panels meant there are no external or independent assurance mechanisms. Finally, it highlights that half of reconsideration requests for NRM decisions made by the IECA resulted in a decision being changed from negative to positive.
Migration Advisory Committee Call for Evidence on the Seasonal Worker Visa – 2023
This submission was made in September 2023 in response to the Migration Advisory Committee Call for Evidence on the Seasonal Worker Visa.
- The design of the seasonal workers visa
- Stakeholder information and consultation
- Safeguarding the welfare of workers.
Home Affairs Committee inquiry on human trafficking - 2023
This submission was made in March 2023 in response to the call for evidence by the Home Affairs Committee inquiry into Human Trafficking.
IOM’s submission focuses on highlighting the gap in employment-related support for victims of modern slavery in the UK and the impact of the lack of the right-to-work for many victims within the National Referral Mechanism (NRM). The submission also emphasises the absence of data that supports claims of abuse of the NRM and details IOM’s analysis of NRM data which instead shows high numbers of positive decisions. It also explains the safeguards against potential abuse which are presented in the design and operation of the NRM. Finally, the submission highlights cases reported in the UK media of potential victims of modern slavery that were given prison sentences for the production of cannabis.
UK Independent Anti-Slavery Commissioner call for evidence on the statutory defence - 2020
This submission was made in March 2020 in response to the UK Independent Anti-Slavery Commissioner’s call for evidence for the review on the Modern Slavery Act 2015: statutory defence.
IOM’s submission focuses specifically on the IASC’s call for evidence about cases ‘where, with the benefit of hindsight, the statutory defence should or could have been raised.’ Through analysis of the online news reports published between 2017 and 2020 about foreign nationals who received custodial sentences after being found guilty of the production of cannabis, it provides evidence in response to concerns that victims are not being properly identified and are consequently punished for the crimes they committed as a result of their exploitation.
The submission also highlights the need for actors within the criminal justice system to be knowledgeable about appropriate and necessary responses to people who are recognised as having a defence against punishment due to their status as a victim of trafficking. This submission highlights four separate issues that emerged from the analysis of the online news reports:
1. Convictions of people described as victims of ‘modern slavery’;
2. Convictions of people with indicators of trafficking that do not appear to have been recognised as a victim of trafficking or modern slavery;
3. Negative National Referral Mechanism (NRM) decisions as a barrier to a Section 45 defence, despite strong indicators of trafficking;
4. Responding appropriately to a victim of trafficking following a decision not to convict.
The Group of Experts on Action Against Trafficking in Human Being (GRETA) 3rd Round Questionnaire for the United Kingdom Submitted to the Council of Europe and the Anti-Trafficking Monitoring Group - 2020
This submission was made in January 2020 in response to the Group of Experts on Action Against Trafficking in Human Being (GRETA) 3rd Round Questionnaire for the United Kingdom as part of GRETA’s monitoring of the UK’s implementation of the 2005 Council of Europe Convention on Action Against Trafficking in Human Beings (ECAT).
IOM’s submission focuses on three issues.
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The challenges with the UK’s operationalisation of the non-punishment provision required by Article 26 of ECAT. The submission uses evidence from research conducted by IOM and the University of Bedfordshire which highlighted the imprisonment and detention of persons with strong indicators of being victims of modern slavery. It also provides evidence from IOM’s monitoring of UK news media reports between 2017 and 2019 involving foreign nationals who receive custodial sentences after being found guilty of cannabis cultivation who were explicitly described as victims of modern slavery or who had strong indicators that they were victims.
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The absence of a specialist assisted voluntary return and reintegration programme to provide protection and assistance to victims of modern slavery in the UK who return to their country of origin. The submission highlights the findings of research by IOM and the Human Trafficking Foundation on the limited capacities of support organisations in conducting risk assessments and risk mitigation plans for returnees.
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The UK government’s response to a 2015 inquiry into the UK’s visa route for Overseas Domestic Workers (ODWs)
The Home Affairs Select Committee (HASC) Call for Written Evidence into Modern Slavery - 2018
This submission was made in September 2018 in response to the Home Affairs Select Committee Call for Written Evidence with submissions as to progress made under the Modern Slavery Act 2015 and priority areas where more work remains to be done.
IOM’s submission focuses on three issues.
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The need for long-term support for victims of modern slavery.
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The importance of comprehensive monitoring and evaluation of support processes for victims of modern slavery.
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Enhanced protection and assistance for child victims of modern slavery.