Recommendation 34

Clause 21 breaches Article 10 of ECAT which provides that if the competent authorities have reasonable grounds to believe that a person has been trafficked, that person shall not be removed from its territory until the identification process has been completed. Clause 21 should be removed from the Bill (see Annex, Amendment 27). Failing that, the Bill should be amended to ensure that no removals take place until a conclusive grounds decision has been taken (see Annex, Amendment 28). Further, any returns of VOTs or VOSs must be subject to an individualised assessment of the impact of such return on the rights, safety and dignity of that person.