Source · Select Committees · Human Rights (Joint Committee)
4th Report - Legislative Scrutiny: Border Security, Asylum and Immigration Bill
Human Rights (Joint Committee)
HC 789
Published 20 June 2025
Recommendations
148
Not Addressed
We note the Minister’s comments that these powers are intended to be used in cases...
Recommendation
We note the Minister’s comments that these powers are intended to be used in cases involving, amongst other things, serious international crimes. Where there is sufficient evidence that persons have been involved in serious international crimes such as genocide, such …
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Government Response Summary
The government's response focused on its existing policies for deporting or managing foreign nationals who pose a threat or do not qualify for protection, through measures like electronic monitoring and curfews. It did not address the committee's recommendation to amend the International Criminal Court Act 2001 for universal jurisdiction over serious international crimes.
Ministry of Justice
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Conclusions (6)
80
Conclusion
Not Addressed
Whilst the Home Office may issue guidance about the use of the powers and training that will be required for authorised officers exercising those powers, any such guidance is not available for Parliamentary scrutiny during the passage of this Bill.
Government Response Summary
The government reiterates the safeguards in place for search and seizure powers and mentions forthcoming non-statutory guidance, but it does not address the committee's specific concern about this guidance not being available for Parliamentary scrutiny during the Bill's passage.
106
Conclusion
Not Addressed
Sarah Dineley, Deputy Chief Crown Prosecutor at the CPS, stated: “[i]t is vital that, wherever possible, victims of trafficking are identified before any decisions are made on charge and prosecution; this is particularly important where the suspect is a child and reflects the findings of the ECtHR case of VCL …
Government Response Summary
The government's response outlines its commitment to retaining Section 29 of the IMA 2023 for disqualifying foreign national offenders from modern slavery protections, but does not directly address the Committee's conclusion about the importance of identifying trafficking victims before prosecution or the CPS guidance.
107
Conclusion
Not Addressed
Whilst survivors of modern slavery should be able to access the ‘Section 45’ defence,142 created to prevent the criminalisation of survivors for offences they were compelled to commit as a result of their exploitation, After Exploitation points out that “its application is narrow and there is a lack of awareness …
Government Response Summary
The government's response focuses on the retention of section 29 of the IMA 2023, concerning disqualification from modern slavery protections for foreign national offenders, and wider modern slavery reform plans. It does not address the committee's specific concerns about the narrow application or lack of awareness of the Section 45 defence.
109
Conclusion
Not Addressed
The Law Society notes that there is limited ability to challenge decisions to disqualify someone from modern slavery protections: “there is no formal route to appeal or request reconsideration and so a challenge can only be brought by judicial review, which is a limited form of review and not a …
Government Response Summary
The government's response defends the retention of Section 29 of the IMA 2023 and the public order disqualification, but it does not address the committee's specific concern regarding the limited avenues for challenging disqualification decisions.
111
Conclusion
Not Addressed
In oral evidence to the Committee, Dr Marija Jovanovic told us: “[v]ictims are losing trust in the system. There is some evidence that since 2016 the proportion of those who refuse to engage with support services has soared by 630%. Without victims engaging there is no chance of prosecution. Those …
Government Response Summary
The government response discusses the retention and compliance of section 29 of the IMA 2023 regarding modern slavery disqualification for foreign national offenders, but does not address the committee's observation about victims losing trust or low prosecution rates.
153
Conclusion
Not Addressed
However, in practice, the lowering of this threshold may have very little effect. Professor Sarah Singer told us: “the Nationality and Borders Act introduced a new interpretation of Article 33(2) [Refugee Convention]… It would be highly unlikely to have a case under the Sexual Offences Act that did not meet …
Government Response Summary
The government welcomed the Committee's perceived support for the clause, reiterating its commitment to classifying sexual offences as 'particularly serious' for Refugee Convention purposes, but did not address the observation that the lowered threshold may have little practical effect.