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<p>The Government remains committed to tackling the scourge of modern slavery.</p><p>Directive
2011/36/EU on preventing and combatting trafficking in human beings and protecting
its victims (the “EU Trafficking Directive”) was adopted on 5 April 2011.</p><p>The
Nationality and Borders Act provides legislative clarity to victims and decision makers
on victims’ rights, including the entitlement to a recovery period and the circumstances
in which confirmed victims may be granted permission to stay.</p><p>Section 68 of
the Nationality and Borders Act 2022 disapplied the EU Trafficking Directive insofar
as it was incompatible with provisions made by that Act.</p><p> </p><p>The provisions
in Section 68 aim to ensure that if there is any provision within the EU Directive
that operates on the same subject as the Nationality and Borders Act 2022, whether
support for victims or otherwise, there is no confusion as to which applies.</p><p>The
Government believes that that if there is any provision within the Directive that
operates on the same subject as the 2022 Act, whether support for victims or otherwise,
it is right that people are not confused as to which applies. More broadly, the Government
does not believe that any of the Directive’s provisions have been given direct effect
by a domestic court and so does not have effect as retained EU law.</p><p>This provision
does not result in a diminution below the standards laid down in the EU Trafficking
Directive, nor does section 68 remove any entitlements from victims. This legal clarification
will not have an impact on victim identification, protection and support provided
through the National Referral Mechanism.</p>
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