House of Commons Amendments

Session 2014 - 15
Internet Publications
Other Bills before Parliament

Public Bill Committee: 2 September 2014
54

Modern Slavery Bill, continued

Fiona Mactaggart

NC10

To move the following Clause—

“Definition of “exploitation”

For the purposes of this Part—

(1)
“exploitation” includes but is not limited to the prostitution of others or other

forms of sexual exploitation, labour or services including begging, practices

similar to slavery, servitude, or the exploitation of or for criminal activities, or the

removal of organs etc.

(2)
“sexual exploitation” means—

(a)
an offence under Part 1 of the Sexual Offence Act 2003,

(b)
an offence under section 1(1)(a) of the Protection of Children Act 1978,

(c)
an offence under any provision of the Sexual Offences (Northern Ireland)

Order 2008,

(d)
an offence listed in Schedule 1 to the Criminal Justice (Children)

(Northern Ireland) Order 1998 (S.I 1998/1504 (N.I.9)),

(e)
an offence under Article 3(1)(a) of the Protection of Children (Northern

Ireland) Order 1978 (S.I. 1978/1047 (N.I.17)), or

(f)
anything done outside England and Wales and Northern Ireland which is

not an offence within any of paragraphs (a) to (e) but would be if done in

England and Wales or Northern Ireland.

(3)
“removal of organs etc.” means—

(a)
an offence under section 32 or 33 of the Human Tissue Act 2004

(prohibition of commercial dealings in organs and restrictions on use of

live donors) as it has effect in England and Wales, or

(b)
which would involve the commission of such an offence if it were done

in England and Wales.”

Fiona Mactaggart

NC11

To move the following Clause—

“Commission of offence within or outside the United Kingdom

(1)
A person who is a United Kingdom national or resident commits an offence under

this Part regardless of—

(a)
where the offence took place, or

(b)
the country or territory which is the place of arrival, entry, departure or

travel of any person in relation to whom the offence is committed.

(2)
A person who is not a United Kingdom national or resident commits an offence

under this Part if—

(a)
any part of the offence takes place in the United Kingdom, or

(b)
the United Kingdom is the country of arrival, entry, departure, or travel

of any person in relation to whom the offence is committed.”

Public Bill Committee: 2 September 2014
55

Modern Slavery Bill, continued

Fiona Mactaggart

NC12

To move the following Clause—

“Penalties

(1)
A person guilty of an offence under any section in this Part is liable—

(a)
on conviction on indictment, to imprisonment for life or a fine or both;

(b)
on summary conviction, to imprisonment for a term not exceeding 12

months or a fine not exceeding the statutory maximum or both.

(2)
A person guilty of an offence under section (Facilitating the commission of an

offence under Part 1) is (unless subsection (3) applies) liable—

(a)
on conviction on indictment, to imprisonment for a term not exceeding

10 years or a fine or both;

(b)
on summary conviction, to imprisonment for a term not exceeding 12

months or a fine not exceeding the statutory maximum or both.

(3)
Where the commission of an offence under section (Facilitating the commission

of an offence under Part 1) involves the offender kidnapping or falsely

imprisoning any person, a person guilty of that offence is liable, on conviction or

indictment, to imprisonment for life or a fine or both.

(4)
In relation to an offence committed before section 154(1) of the Criminal Justice

Act 2003 comes into force, the references in subsections (1)(b) and (2)(b) to 12

months are to be read as references to six months.”

Fiona Mactaggart

NC13

To move the following Clause—

“Sentencing

(1)
The Criminal Justice Act 2003 is amended as follows.

(2)
In Part 1 of Schedule 15 (specified offences for purposes of Chapter 5 of Part 12:

sentencing of dangerous offenders), after paragraph 63F insert—

“63G An offence under Part 1 of the Modern Slavery Act 2014.”

(3)
In Part 1 of Schedule 15B (offence listed for purposes of sections 224A, 226A and

246A: life sentences, extended sentences, release on licence of prisoners serving

extended sentences), after paragraph 43 insert—

“43A An offence under Part 1 of the Modern Slavery Act 2014.””

Fiona Mactaggart

NC14

To move the following Clause—

“Repeal of existing provisions

(1)
In the Sexual Offences Act 2003, omit—

(a)
section 59A (trafficking people for sexual exploitation),

(b)
section 60 (interpretation of section 59A),

Public Bill Committee: 2 September 2014
56

Modern Slavery Bill, continued

(c)
section 60A (forfeiture of land vehicle etc.),

(d)
section 60B (detention of land vehicle etc.),

(e)
section 60C (interpretation of sections 60A and 60B).

(2)
In the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, omit—

(a)
section 4 (traffficking people for exploitation),

(b)
section 5(3) and (4) (section 4 - supplementary provision).

(3)
In the Coroners and Justice Act 2009, omit section 71 (slavery, servitude and

forced or compulsory labour).”

Diana Johnson

Mr David Hanson

Phil Wilson

Sarah Champion

NC15

To move the following Clause—

“Human trafficking

(1)
Any person who—

(a)
recruits, transports, transfers, harbours or receives a person including by

exchange or transfer of control over that or those persons,

(b)
by means of the threat or use of force or other forms of coercion, of

abduction, of fraud, of deception, of the abuse of power or abuse of a

position of vulnerability, or of the giving or receiving of payments or

benefits to achieve the consent of a person having control over another

person, and

(c)
knows or ought ot know that the purpose of the acts in subsections 7(1)(a)

and 7(1)(b) above is the exploitation of that person,


commits an offence of human trafficking.

(2)
The consent or apparent consent of a person to the acts referred to in subsection

2(1)(a) or to the exploitation shall be irrelevant where any of the means set forth

in subsection 2(1)(b) have been used.”.

Diana Johnson

Mr David Hanson

Phil Wilson

Sarah Champion

NC16

To move the following Clause—

“Offence of child trafficking

(1)
Any person who—

(a)
recruits, transports, transfers, harbours or receives a child including by

exchange or transfer of control over the child, and

(b)
knows or ought to know that the purpose of the acts in subsections 8(1)(a)

is the exploitation of that child,

Public Bill Committee: 2 September 2014
57

Modern Slavery Bill, continued


commits an offence of human trafficking.

(2)
The consent or apparent consent of the child to the acts referenced in subsection

2A(1)(a) or to the exploitation is irrelevant.”.

Diana Johnson

Mr David Hanson

Phil Wilson

Sarah Champion

NC17

To move the following Clause—

“Offence of exploitation

(1)
A person commits an offence if they exploit a person by means of the threat or

use of force or other forms of coercion, of abduction, of fraud, of deception, of

the abuse of power or abuse of a position of vulnerability, or of the giving or

receiving of payments or benefits to achieve the consent of a person having

control over another person.

(2)
A person may be in a situation of exploitation whether or not—

(a)
escape from the situation is practically possible for the person; or

(b)
the person has attempted to escape from the situation.

(3)
The consent or apparent consent of the person to the exploitation is irrelevant

where any of the means set forth in section 9(1) has been used.”.

Diana Johnson

Mr David Hanson

Phil Wilson

Sarah Champion

NC18

To move the following Clause—

“Offence of child exploitation

(1)
A person commits an offence if they exploit a child.

(2)
It shall be such an offence even if there was no threat or use of violence, other

forms of coercion, deception or any abuse of a position of vulnerability.

(3)
A child may be in a situation of exploitation whether or not—

(a)
escape from the situation is practically possible for the child; or

(b)
the child has attempted to escape from the situation.

(4)
The consent or apparent consent of the child to the exploitation is irrelevant.

(5)
“Child Exploitation” includes but is not limited to, the exploitation of the

prostitution of others or other forms of sexual exploitation; the exploitation of

labour or services including begging or practices similar to slavery, servitude or

forced or compulsory labour; the exploitation of or for criminal activities

including benefit fraud; the removal of organs; forced or servile marriage or

Public Bill Committee: 2 September 2014
58

Modern Slavery Bill, continued

enforced surrogacy; exploitation for unlawful adoption; and exploitation by

enforced drugs smuggling, manufacture, production or distribution.”.

Mark Durkan

NC19

To move the following Clause—

“Establishment of the Anti-Slavery Commissioner

(1)
There is to be an office of Anti-Slavery Commissioner (in this section “the

Commissioner”).

(2)
The Commissioner shall be appointed by the Secretary of State, following a pre-

appointment review by Parliament of the candidate proposed by the Secretary of

State.

(3)
The Commissioner may appoint their own staff.”.

Mark Durkan

NC20

To move the following Clause—

“General function and powers of Commissioner

(1)
The Commissioner shall—

(a)
monitor trafficking, slavery, exploitation, servitude, and forced or

compulsory labour, the fulfilment of international obligations and the

effectiveness of national legislation and policy;

(b)
issue proposals, recommendations, statements, opinions and advice

relevant to the fight against trafficking, slavery, exploitation, servitude,

forced or compulsory labour and to the realisation of the rights of

victims;

(c)
engage with international organisations on trafficking, slavery,

exploitation, servitude, forced or compulsory labour, child protection,

and other relevant issues;

(d)
report annually to Parliament on trafficking, slavery, exploitation,

servitude, forced or compulsory labour, and related issues;

(e)
periodically review the offences and related policy of trafficking and

slavery to ensure that they reflect the UK’s obligations under the

Trafficking Convention and Trafficking Directive and that other

international instruments are consistently applied to all trafficked,

enslaved or exploited persons;

(f)
periodically review public authorities’ compliance with their duties

under international and national legislation and policy in relation to

trafficking, slavery, exploitation, servitude and forced and compulsory

labour; and

(g)
provide an impact assessment on the trafficking, slavery, exploitation,

servitude, and forced or compulsory labour implications for government

trade deals and trade and aid policy.

Public Bill Committee: 2 September 2014
59

Modern Slavery Bill, continued

(2)
The Commissioner is responsible for reviewing the practical implementation of

the non-prosecution and non-punishment of trafficked, enslaved and/or exploited

persons, and in doing so must have particular regard to women and children.

(3)
The Commissioner shall, specifically in respect of victims—

(a)
encourage persons exercising functions or engaged in activities affecting

trafficked, enslaved or exploited persons to take account of the views and

interests of victims;

(b)
consult with and advise the Government on the views and interests of

trafficked, enslaved or exploited persons;

(c)
consider the operation of complaints procedures relating to trafficked,

enslaved or exploited persons;

(d)
consider any other matters relating to the services for, and interests and

outcomes of trafficked, enslaved or exploited persons;

(e)
be responsible for reviewing the practical implementation of the

provision in this Bill for the non-prosecution of and non-application of

penalties to trafficked, enslaved or exploited persons and victims of

forced or compulsory labour, and in doing so must have particular regard

to women and children; and

(f)
publish a report on any matter in connection with trafficking, slavery,

exploitation, servitude, and forced or compulsory labour considered by

the Commissioner, which may include recommendations.

(4)
The Commissioner must take reasonable steps to involve trafficked, enslaved

and/or exploited persons in the discharge of his/her function under this section,

and in particular to—

(a)
ensure that trafficked, enslaved or exploited persons are made aware of

the Commissioner’s function and how they may communicate with the

Commissioner, and

(b)
consult trafficked, enslaved or exploited persons, and organisations

working with them on the matters the Commission proposes to consider.

(5)
The Commissioner is not obliged under this section to conduct an investigation

of the case of an individual trafficked, enslaved or exploited person. The

Commissioner may, however—

(a)
investigate a particular case and/or intervene as a third party in a

particular case where the case raises issues of public policy of relevance

to other trafficked, enslaved or exploited persons; or

(b)
investigate any decision or recommendation made, or any act done or

omitted, in respect of any trafficked, enslaved or exploited person.

(6)
All public authorities must supply the Commissioner with such information in

that person’s possession or control relating to those functions as the

Commissioner may reasonably request for the purposes of his function under this

section (provided that the information is information which that person may,

apart from this section (6), lawfully disclose to the Commissioner).

(7)
Where the Commissioner has published a report under this section containing

recommendations in respect of any person exercising functions under any

enactment, he may require that person to state in writing, within such period as

the Commissioner may reasonably require, what action the person has taken or

proposes to take in response to the recommendations.

(8)
The Secretary of State must not take steps or impose measures that may impair,

or may appear to impair, the Commissioner’s independence and shall ensure that

the Commissioner is, to the extent the Commissioner is able, to determine,

without limitation (other than as prescribed in this Bill)—

(a)
the Commissioner’s activities;

(b)
the Commissioner’s timetables;

Public Bill Committee: 2 September 2014
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Modern Slavery Bill, continued

(c)
the Commissioner’s priorities; and

(d)
the Commissioner’s resources and funding.”.

Fiona Mactaggart

NC21

To move the following Clause—

“Procuring sex for payment

(1)
A person commits an offence under this section if he or she procures sexual

intercourse or any other sexual act, whether for himself or herself or for another

person, in return for payment.

(2)
a “payment” includes—

(a)
payment that is promised or given by another person;

(b)
provision of non-financial benefits, including, but not limited to, drugs or

alcohol.”

Order of the House [8 July 2014]

That the following provisions shall apply to the the Modern Slavery Bill:—

Commital

1.
The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.
Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Tuesday 14 October 2014.

3.
The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Consideration and Third Reading

4.
Proceedings on Consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the

day on which those proceedings are commenced.

5.
Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption of that day.

6.
Standing Order No. 83B (Programming committees) shall not apply to

proceedings on Consideration and Third Reading.

Other Proceedings

7.
Any other proceedings on the Bill (including any proceedings on

consideration of Lords Amendments or any further message from the Lords)

may be programmed.



© Parliamentary copyright	Revised 2 September 2014