Recommendation 37

The Government’s reliance on the “public order disqualification” to disapply protections and entitlements to all VOTs who enter irregularly and indirectly violates Article 13 of ECAT. It is also a breach of Article 26 of ECAT which provides for the non-punishment of victims of trafficking. This is also likely to breach the parallel obligations on the UK under Article 4 ECHR, which are interpreted in light of the requirements of ECAT, to identify and protect every victim of modern slavery. All potential victims of trafficking are entitled to a recovery period. This entitlement is unconditional. Clauses 22–24 must be removed from the Bill (see Annex, Amendments 29–31).