House of Commons Amendments

Session 2014 - 15
Internet Publications
Other Bills before Parliament

Public Bill Committee: 4 September 2014
81

Modern Slavery Bill, continued

Fiona Mactaggart

Michael Connarty

Sarah Teather

Sarah Champion

Mike Keane

Sir Andrew Stunell

Mark Durkan

Mr David Burrowes

98


Clause  41,  page  28,  line  8,  at end add “and who must act in the child’s best

interests.”

Member’s explanatory statement

The amendment makes clear that the fundamental duty of any child’s advocate is to act in the

child’s best interests, including where a child is not able to identify or ariticulate their own best

interest (for example, as a result of being groomed and/or exploited).

Mark Durkan

Sarah Teather

61

Clause  41,  page  28,  line  8,  at end insert—

“(2A)
A child trafficking advocate may be an employee of—

(a)
an independent statutory body; or

(b)
a recognised charitable organisastion.”

Sarah Teather

93


Clause  41,  page  28,  line  11,  after “advocates”, insert “and separated children

advocates”

Sarah Teather

94


Clause  41,  page  28,  line  14,  after “advocate”, insert “or separated children

advocate”

Sarah Teather

95


Clause  41,  page  28,  line  15,  after “advocate”, insert “or separated children

advocate”

Sarah Teather

96


Clause  41,  page  28,  line  17,  after “advocates”, insert “or separated children

advocates”

Mark Durkan

Sarah Teather

59

Clause  41,  page  28,  line  19,  at end add—

‘(e)
requiring advocates to act for the child when he lacks the legal capacity

to do so and also ensure that other service providers act in his best

interests and provide him with the necessary services and support to meet

the Government’s obligations under the Council of Europe Convention

and EU Anti-Trafficking Directive.”

Public Bill Committee: 4 September 2014
82

Modern Slavery Bill, continued

Sarah Teather

97


Clause  41,  page  28,  line  19,  after “advocates”, insert “or separated children

advocates”

Mark Durkan

Sarah Teather

62

Clause  41,  page  28,  line  19,  at end insert—

“(4A)
The Secretary of State must publish guidance that defines the role, functions and

responsibilities of the child trafficking advocates.”

Fiona Mactaggart

65

Schedule  4,  page  43,  line  21,  at end insert—

“Street Offences Act 1959

(10)
Omit section 1.”

Karen Bradley

22

Schedule  4,  page  44,  line  3,  at end insert “, and

(b)
in paragraph (e) for “(da)” substitute “(db)””

Member’s explanatory statement

This amendment makes a further amendment to the Sexual Offences (Amendment) Act 1992 in

consequence of the amendment made to that Act by paragraph 4 of Schedule 4.

Karen Bradley

23

Schedule  4,  page  44,  line  12,  leave out “paragraph” and insert “paragraphs

31(2)(b) and”

Member’s explanatory statement

This amendment repeals a provision which is redundant in consequence of amendment 22.

Karen Bradley

24

Schedule  4,  page  44,  line  25,  leave out from beginning to end of line 26 and

insert—

    “( )
Part 1 of Schedule 1 to the Serious Crime Act 2007 (serious offences: England

and Wales) is amended as follows.

      ( )
After paragraph 1 insert—

“Slavery etc

1A
An offence under section 1 of the Modern Slavery Act 2014

(slavery, servitude and forced or compulsory labour).”

      ( )
In paragraph 2—”

Member’s explanatory statement

This amendment amends the Serious Crime Act 2007 so that an offence under clause 1 will be a

serious criminal offence for the purposes of Part 1 of that Act (power to make serious crime

Public Bill Committee: 4 September 2014
83

Modern Slavery Bill, continued

prevention orders against a person who has been involved in serious crime).

Karen Bradley

25

Schedule  4,  page  45,  line  2,  at end insert—

“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.

Public Bill Committee: 4 September 2014
84

Modern Slavery Bill, continued

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).

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);

Public Bill Committee: 4 September 2014
85

Modern Slavery Bill, continued

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

(d)
section 8 of the Modern Slavery Act 2014 (slavery

and trafficking reparation orders).”

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.

Public Bill Committee: 4 September 2014
86

Modern Slavery Bill, continued

(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.”

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—

Public Bill Committee: 4 September 2014
87

Modern Slavery Bill, continued

(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 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.



© Parliamentary copyright	Revised 4 September 2014