Recommendation 38

ECAT does not allow states to disqualify potential victims of trafficking from any form of protection and assistance under the ground that they irregularly enter or arrive in a State Party. Article 12(6) states that measures should be adopted to ensure that support is not made conditional upon willingness to act as a witness. The disapplication of section 50A of the Modern Slavery Act 2015 (which provides potential victims of slavery or trafficking are entitled to assistance and support in certain circumstances) is a clear breach of the obligations to provide support to VOTs under Article 12 ECAT. 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. As above, clauses 22– 24 must be removed from the Bill (see Annex, Amendments 29–31).