Session 2014 - 15
Internet Publications
Other Bills before Parliament


 
 

Public Bill Committee: 2 September 2014                  

47

 

Modern Slavery Bill, continued

 
 

“Administration of Justice Act 1970 (c. 31)

 

9A  (1)  

The Administration of Justice Act 1970 is amended as follows.

 

      (2)  

In section 41(8) (enforcement of orders for compensation etc) for “or 13A”

 

substitute “, 13A or 13B”.

 

      (3)  

In Part 1 of Schedule 9 (enforcement of orders for compensation etc) after

 

paragraph 13A insert—

 

“13B      

Where under section 8 of the Modern Slavery Act 2014 a court

 

makes a slavery and trafficking reparation order.”

 

Criminal Justice Act 1991 (c. 53)

 

9B  (1)  

Section 24 of the Criminal Justice Act 1991 (recovery of fines by deduction

 

from certain benefits) is amended as follows.

 

      (2)  

In subsection (1), for “or unlawful profit order” substitute “, an unlawful profit

 

order or a slavery and trafficking reparation order”.

 

      (3)  

In subsection (3)(b), for “or unlawful profit order” substitute “, an unlawful

 

profit order or a slavery and trafficking reparation order”.

 

      (4)  

In subsection (4), after the definition of “prescribed” insert—

 

““slavery and trafficking reparation order” means an order under section

 

8 of the Modern Slavery Act 2014;”.

 

Social Security (Recovery of Benefits) Act 1997 (c. 27)

 

9C         

In paragraph 2 of Schedule 1 to the Social Security (Recovery of Benefits) Act

 

1997 (exempted payments), for “2000 or” substitute “2000, section 8 of the

 

Modern Slavery Act 2014,”.

 

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

 

9D         

In section 133(3)(c) of the Powers of Criminal Courts (Sentencing) Act 2000

 

(review of compensation orders), for the words from “a confiscation order” to

 

the end substitute “any or all of the following made against him in the same

 

proceedings—

 

(i)    

a confiscation order under Part 6 of the Criminal

 

Justice Act 1988 or Part 2 of the Proceeds of Crime

 

Act 2002;

 

(ii)    

an unlawful profit order under section 4 of the

 

Prevention of Social Housing Fraud Act 2013;

 

(iii)    

a slavery and trafficking reparation order under

 

section 8 of the Modern Slavery Act 2014; or”.”

 

Member’s explanatory statement

 

This amendment and amendment 26 make amendments of legislation consequential on the

 

provisions about reparation orders in clauses 8 to 10. They provide for reparation orders to be

 

treated in a similar way to compensation orders under section 130 of the Powers of Criminal

 

Courts (Sentencing) Act 2000.

 

Karen Bradley

 

26

 

Schedule  4,  page  45,  line  42,  at end insert—

 

“15      

In Schedule 11 to the Proceeds of Crime Act 2002 (amendments), omit

 

paragraph 37(3).


 
 

Public Bill Committee: 2 September 2014                  

48

 

Modern Slavery Bill, continued

 
 

Courts Act 2003 (c. 39)

 

16  (1)  

Schedule 5 to the Courts Act 2003 (collection of fines and other sums imposed

 

on conviction) is amended as follows.

 

      (2)  

In paragraph 2(2)—

 

(a)    

omit the “and” at the end of the definition of “a sum required to be paid

 

by a compensation order”;

 

(b)    

after the definition of “a sum required to be paid by an unlawful profit

 

order” insert—

 

““a sum required to be paid by a slavery and trafficking reparation

 

order” means any sum required to be paid by an order made

 

under section 8 of the Modern Slavery Act 2014.”

 

      (3)  

In paragraph 7A(1) for “or an unlawful profit order” substitute “, an unlawful

 

profit order or a slavery and trafficking reparation order”.

 

      (4)  

In paragraph 13(1)(aa)—

 

(a)    

for “or a sum” substitute “, a sum”;

 

(b)    

after “unlawful profit order” insert “or a sum required to be paid by a

 

slavery and trafficking reparation order”;

 

(c)    

in sub-paragraph (i) for “or the” substitute “, the”;

 

(d)    

in that sub-paragraph after “unlawful profit order” insert “or the

 

amount required to be paid by the slavery and trafficking reparation

 

order”.

 

Criminal Justice Act 2003 (c. 44)

 

17         

In section 151(5) of the Criminal Justice Act 2003 (orders for persistent

 

offenders previously fined) after “2013” insert “or a slavery and trafficking

 

reparation order under section 8 of the Modern Slavery Act 2014”.

 

18  (1)  

Section 161A of the Criminal Justice Act 2003 (court’s duty to order payment

 

of surcharge) is amended as follows.

 

      (2)  

In subsection (3)—

 

(a)    

in paragraph (a) for the words from “a” to “both)” substitute “one or

 

more of a compensation order, an unlawful profit order and a slavery

 

and trafficking reparation order”;

 

(b)    

in paragraph (b) for the words from “and appropriate compensation”

 

to the end substitute “and appropriate amounts under such of those

 

orders as it would be appropriate to make”.

 

      (3)  

In subsection (5) for “this section” substitute “this section —

 

“slavery and trafficking reparation order” means an order under section

 

8 of the Modern Slavery Act 2014, and”.

 

Health and Social Care (Community Health and Standards) Act 2003 (c. 43)

 

19         

In paragraph 1 of Schedule 10 to the Health and Social Care (Community

 

Health and Standards) Act 2003 (recovery of NHS charges: exempted

 

payments)—

 

(a)    

omit “or” at the end of sub-paragraph (b);

 

(b)    

at the end of sub-paragraph (c) insert “or

 

(d)    

section 8 of the Modern Slavery Act 2014 (slavery

 

and trafficking reparation orders).”


 
 

Public Bill Committee: 2 September 2014                  

49

 

Modern Slavery Bill, continued

 
 

Prevention of Social Housing Fraud Act 2013 (c. 3)

 

20         

In the Schedule to the Prevention of Social Housing Fraud Act 2013

 

(amendments), omit paragraphs 2, 5(2)(a) and (3), 9, 26 and 30(2).”

 


 

Karen Bradley

 

21

 

Clause  49,  page  31,  line  13,  at end insert—

 

“( )    

Her Majesty may by Order in Council provide for any of the provisions of this

 

Act to extend, with or without modifications, to any of the Channel Islands or to

 

the Isle of Man.”

 

Member’s explanatory statement

 

This amendment enables provisions of the Bill to be extended to any of the Channel Islands or to

 

the Isle of Man, by Order in Council.

 


 

NEW CLAUSES

 

Karen Bradley

 

NC1

 

To move the following Clause—

 

“Slavery and trafficking prevention orders: requirement to provide name and

 

address

 

(1)    

A slavery and trafficking prevention order may (as well as imposing prohibitions

 

on the defendant) require the defendant to comply with subsections (3) to (6).

 

(2)    

It may do so only if the court is satisfied that the requirement is necessary for the

 

purpose of protecting persons generally, or particular persons, from the physical

 

or psychological harm which would be likely to occur if the defendant committed

 

a slavery or human trafficking offence.

 

(3)    

Before the end of the period of 3 days beginning with the day on which a slavery

 

and trafficking prevention order requiring the defendant to comply with

 

subsections (3) to (6) is first served the defendant must, in the way specified in

 

the order, notify the person specified in the order of the relevant matters.

 

(4)    

The relevant matters are—

 

(a)    

the defendant’s name and, where the defendant uses one or more other

 

names, each of those names, and

 

(b)    

the defendant’s home address.

 

(5)    

If while the defendant is subject to the order the defendant—

 

(a)    

uses a name which has not been notified under the order, or

 

(b)    

changes home address,

 

    

the defendant must, in the way specified in the order, notify the person specified

 

in the order of the new name or the new home address.

 

(6)    

The notification must be given before the end of the period of 3 days beginning

 

with the day on which the defendant uses the name or changes home address.

 

(7)    

Where the order requires the defendant to notify the Director General of the

 

National Crime Agency or an immigration officer, the Director General or the


 
 

Public Bill Committee: 2 September 2014                  

50

 

Modern Slavery Bill, continued

 
 

officer must give details of any notification to the chief officer of police for each

 

relevant police area.

 

(8)    

“Relevant police area” means—

 

(a)    

where the defendant notifies a new name, the police area where the

 

defendant lives;

 

(b)    

where the defendant notifies a change of home address, the police area

 

where the defendant lives and (if different) the police area where the

 

defendant lived before the change of home address.”

 

Member’s explanatory statement

 

This amendment confers a power on the court to impose a requirement on a defendant in respect

 

of whom one or more prohibitions have been imposed under a slavery and trafficking prevention

 

order to notify information in relation to name and address in the way specified in the order.

 


 

Karen Bradley

 

NC2

 

To move the following Clause—

 

“Slavery and trafficking risk orders: requirement to provide name and address

 

(1)    

A slavery and trafficking risk order may (as well as imposing prohibitions on the

 

defendant) require the defendant to comply with subsections (3) to (6).

 

(2)    

It may do so only if the court is satisfied that the requirement is necessary for the

 

purpose of protecting persons generally, or particular persons, from the physical

 

or psychological harm which would be likely to occur if the defendant committed

 

a slavery or human trafficking offence.

 

(3)    

Before the end of the period of 3 days beginning with the day on which a slavery

 

and trafficking risk order requiring the defendant to comply with subsections (3)

 

to (6) is first served the defendant must, in the way specified in the order, notify

 

the person specified in the order of the relevant matters.

 

(4)    

The relevant matters are—

 

(a)    

the defendant’s name and, where the defendant uses one or more other

 

names, each of those names, and

 

(b)    

the defendant’s home address.

 

(5)    

If while the defendant is subject to the order the defendant—

 

(a)    

uses a name which has not been notified under the order, or

 

(b)    

changes home address,

 

    

the defendant must, in the way specified in the order, notify the person specified

 

in the order of the new name or the new home address.

 

(6)    

The notification must be given before the end of the period of 3 days beginning

 

with the day on which the defendant uses the name or changes home address.

 

(7)    

Where the order requires the defendant to notify the Director General of the

 

National Crime Agency or an immigration officer, the Director General or the

 

officer must give details of any notification to the chief officer of police for each

 

relevant police area.

 

(8)    

“Relevant police area” means—

 

(a)    

where the defendant notifies a new name, the police area where the

 

defendant lives;

 

(b)    

where the defendant notifies a change of home address, the police area

 

where the defendant lives and (if different) the police area where the

 

defendant lived before the change of home address.”


 
 

Public Bill Committee: 2 September 2014                  

51

 

Modern Slavery Bill, continued

 
 

Member’s explanatory statement

 

This amendment confers a power on the court to impose a requirement on a defendant in respect

 

of whom one or more prohibitions have been imposed under a slavery and trafficking risk order to

 

notify information in relation to name and address in the way specified in the order.

 


 

Mr David Burrowes

 

NC3

 

To move the following Clause—

 

“Meaning of slavery, servitude and forced or compulsory labour

 

(1)    

This section applies to section 1.

 

(2)    

Forced or compulsory labour means all work or sevice which is exacted from a

 

person under the menace of any penalty and to which the person has not given

 

free and informed consent.

 

(3)    

It is irrelevant whether a child has consented to forced or compulsory labour.

 

(4)    

Servitude is the condition of a person who provides labour or services, if, because

 

of coercion, threat, or deception—

 

(a)    

a reasonable person in the same situation as the person would not

 

consider himself or herself to be free—

 

(i)    

to cease providing the labour or services; or

 

(ii)    

to leave the place or area where the person provides the labour or

 

services; and

 

(b)    

the person is significantly deprived of personal freedom in respect of

 

aspects of his or her life other than the provision of the labour or services.

 

(5)    

Services or benefits of any kind can include forced begging or criminal activities.

 

(6)    

Slavery is the condition of a person over whom another person exacts control in

 

such a way as to significantly deprive that person of individual liberty, with the

 

intent of exploitation through the use, management, profit, transfer or disposal of

 

that person.

 

(7)    

In section 1 the references to holding a person in slavery or servitude or requiring

 

a person to perform forced or compulsory labour are also to be construed in

 

accordance with Article 4 of the Human Rights Convention.”

 

Member’s explanatory statement

 

This amendment adds definitions of slavery, servitude and forced or compulsory labour to the Bill

 

to aid interpretation of the law by frontline police officers and prosecutors. The definitions are

 

based on those in international law.

 


 

Fiona Mactaggart

 

NC4

 

To move the following Clause—

 

“Slavery of children and adults

 

(1)    

It is an offence to hold a person in, or subject a persons to, slavery.

 

(2)    

For the purposes of this Act “slavery” means the control by a peron of a second

 

person in such a way as—


 
 

Public Bill Committee: 2 September 2014                  

52

 

Modern Slavery Bill, continued

 
 

(a)    

significantly to deprive that second person of their individual liberty, and

 

(b)    

by which any person obtains a benefit through the use, management,

 

profit, transfer or disposal of that second person.

 

(3)    

Where that second person is a child, slavery also includes any act or transaction

 

whereby the child is transferred or purports to be transferred to another person in

 

return for money or other consideration, other than through lawful adoption or

 

similar formal process.”

 


 

Fiona Mactaggart

 

NC5

 

To move the following Clause—

 

“Child exploitation offences

 

(1)    

It is an offence to exploit a child.

 

(2)    

It is an offence for one person to obtain a benefit through the use of a child for the

 

purpose of exploitation.

 

(3)    

In determining whether an offence has been committed under this section—

 

(a)    

the question whether a child, or any person who has responsibility for the

 

child, has consented to any conduct, and

 

(b)    

the question whether any coercive means have been used,

 

are irrelevant.”

 


 

Fiona Mactaggart

 

NC6

 

To move the following Clause—

 

“Exploitation offence: general

 

(1)    

It is an offence to exploit a person.

 

(2)    

An offence under this section is committed where one person obtains a benefit

 

through the use of a second person for the purpose of exploitation by means of—

 

(a)    

the threat or use of force or of other forms of coercion,

 

(b)    

abduction,

 

(c)    

fraud or deception,

 

(d)    

abuse of power,

 

(e)    

abuse of a position of vulnerability,

 

(f)    

the giving or receiving of any payment or benefit with a view to securing

 

the consent of any person having control over that second person.”

 



 
 

Public Bill Committee: 2 September 2014                  

53

 

Modern Slavery Bill, continued

 
 

Fiona Mactaggart

 

NC7

 

To move the following Clause—

 

“Child trafficking

 

(1)    

It is an offence to traffick a child.

 

(2)    

An offence under this section is committed by any person who recruits,

 

transports, transfers, harbours or receives that child, including the exchange or

 

transfer of control over that child, for the purpose of exploitation.

 

(3)    

In determining whether an offence has been committed under this section—

 

(a)    

the question whether that child, or any person who has reponsibility for

 

that child, has consented to any conduct, and

 

(b)    

the question whether any coercive means have been used,

 

are irrelevant.”

 


 

Fiona Mactaggart

 

NC8

 

To move the following Clause—

 

“Trafficking

 

(1)    

It is an offence to traffick a person.

 

(2)    

An offence under this section is committed by any person who recruits,

 

transports, transfers, harbours or receives a second person for the purpose of

 

exploitation, where the means used to do any of those acts include—

 

(a)    

the threat or use of force or of other forms of coercion,

 

(b)    

abuction,

 

(c)    

fraud or deception,

 

(d)    

abuse of power,

 

(e)    

abuse of a position of vulnerability, or

 

(f)    

the giving or receiving of any payment or benefit with a view to securing

 

the consent of any other person having control over that second person.”

 


 

Fiona Mactaggart

 

NC9

 

To move the following Clause—

 

“Facilitating the commission of an offence under Part 1

 

A person who is concerned in, or who facilitates, the commission of an offence

 

under this Part in relation to a second person or child commits an offence if that

 

first person knows or ought to know that second person or child is, or is to be, held

 

in or subjected to slavery, or exploited or trafficked.”

 



 
previous section contents continue
 

© Parliamentary copyright
Revised 2 September 2014