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| |
| |
|
| | (b) | issue proposals, recommendations, statements, opinions and advice |
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| | relevant to the fight against trafficking, slavery, exploitation, servitude, |
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| | forced or compulsory labour and to the realisation of the rights of |
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| | |
| | (c) | engage with international organisations on trafficking, slavery, |
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| | exploitation, servitude, forced or compulsory labour, child protection, |
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| | and other relevant issues; |
|
| | (d) | report annually to Parliament on trafficking, slavery, exploitation, |
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| | servitude, forced or compulsory labour, and related issues; |
|
| | (e) | periodically review the offences and related policy of trafficking and |
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| | slavery to ensure that they reflect the UK’s obligations under the |
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| | Trafficking Convention and Trafficking Directive and that other |
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| | international instruments are consistently applied to all trafficked, |
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| | enslaved or exploited persons; |
|
| | (f) | periodically review public authorities’ compliance with their duties |
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| | under international and national legislation and policy in relation to |
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| | trafficking, slavery, exploitation, servitude and forced and compulsory |
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| | |
| | (g) | provide an impact assessment on the trafficking, slavery, exploitation, |
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| | servitude, and forced or compulsory labour implications for government |
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| | trade deals and trade and aid policy. |
|
| | (2) | The Commissioner is responsible for reviewing the practical implementation of |
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| | the non-prosecution and non-punishment of trafficked, enslaved and/or exploited |
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| | 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 |
|
| | |
| | (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, |
|
| | |
| | (a) | ensure that trafficked, enslaved or exploited persons are made aware of |
|
| | the Commissioner’s function and how they may communicate with the |
|
| | |
| | (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; |
|
| | (c) | the Commissioner’s priorities; and |
|
| | (d) | the Commissioner’s resources and funding.”. |
|
| |
| |
| | |
| 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 |
|
| | |
| |
| |
| | |
|
| To move the following Clause— |
|
| | “National referral mechanism |
|
| | (1) | The Secretary of State must by order establish a mechanism for the identification |
|
| | and protection of victims of modern slavery offences as defined in Part 1 of this |
|
| | |
|
|
| |
| |
|
| | (2) | In establishing the mechanism the Secretary of State must have regard to the the |
|
| | desirability of making provision for the following matters— |
|
| | (a) | the means and process for the identification and referral to the |
|
| | mechanism of potential victims of modern slavery; |
|
| | (b) | the provision to a child of an advocate in accordance with section 41 of |
|
| | this Act, if no such advocate has already been appointed upon |
|
| | identification of the child as a victim or referral to the mechanism; |
|
| | (c) | the appropriate stages in the formal identification process of a victim of |
|
| | modern slavery, the tests to be applied at each stage, and the timescales |
|
| | within which each stage must be completed; |
|
| | (d) | the suitability, qualification and necessary training of a person or |
|
| | organisation to fulfil the processes at paragraphs (2)(a) or (c); |
|
| | (e) | the principle that an organisation whose functions include determining |
|
| | asylum and immigration is unsuitable to deal with the matters referred to |
|
| | |
| | (f) | the care assistance or services which shall be provided as a minimum to |
|
| | all potential and formally identified victims of modern slavery; |
|
| | (g) | the provision of an internal review and appeal of a decision under |
|
| | paragraphs (2)(a) or (c).” |
|
| |
| |
| |
| |
| | |
|
| To move the following Clause— |
|
| | “Enabling provision to enable the Gangmasters Licensing Authority to tackle |
|
| | |
| | (1) | The Secretary of State shall undertake a review of the Gangmasters Licensing |
|
| | Authority’s remit with regard to section 2 of the Act and the necessity and |
|
| | evidence for an extension of work covered by the Gangmasters (Licensing) Act |
|
| | 2004, and lay a report in both Houses of Parliament within one year of this Bill |
|
| | |
| | (2) | The Secretary of State may by order amend section 3 of the Gangmasters |
|
| | (Licensing) Act 2004 to include other areas of work where the Secretary of State |
|
| | believes abuse and exploitation of workers or modern slavery or trafficking may |
|
| | |
| |
| |
| |
| |
| | |
|
| To move the following Clause— |
|
| | “Protection from slavery for overseas domestic workers |
|
| | (1) | All overseas and domestic workers including those working for staff of |
|
| | diplomatic missions shall be entitled to— |
|
|
|
| |
| |
|
| | (a) | change their employer (but not work sector) while in the United |
|
| | |
| | (b) | renew their domestic worker or diplomatic domestic worker visa for a |
|
| | period not exceeding six months as long as they remain in employment |
|
| | and are able to support themselves adequately without recourse to public |
|
| | |
| | (c) | a three month temporary visa permitting them to live in the United |
|
| | Kingdom for the purposes of seeking alternative employment as an |
|
| | overseas domestic worker where there is evidence that the worker has |
|
| | been a victim of modern slavery.” |
|
| |
| |
| | |
|
| To move the following Clause— |
|
| | “Quoted company’s duty to prepare strategic report: impact of supply chains on |
|
| | |
| | (2) | That section 414C, Contents of strategic report, of the Companies Act 2006 be |
|
| | |
| | (3) | In subsection (7), paragraph (b)(iii), insert “, including the impact of the |
|
| | company’s supply chain of goods and services on them.” |
|
| | Member’s explanatory statement
|
|
| | This New Clause imposes on quoted companies a requirement to report on the impact of their |
|
| | supply chains on social, community and human rights issues in their annual strategic reports. |
|
| |
| | Order of the House [8 July 2014] |
|
| | That the following provisions shall apply to the the Modern Slavery Bill:— |
|
| | |
| | 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 |
|
| | |
| | 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. |
|
| | |
| | 7. | Any other proceedings on the Bill (including any proceedings on |
|
|
|
| |
| |
|
| | consideration of Lords Amendments or any further message from the Lords) |
|
| | |
| |
| | Order of the Committee [21 July 2014] |
|
| | |
| | (1) | the Committee shall (in addition to its first meeting at 3.30pm on Monday 21 |
|
| | |
| | (a) | at 9.25 am and 2.00 pm on Tuesday 2 September; |
|
| | (b) | at 11.30 am and 2.00 pm on Thursday 4 September; |
|
| | (c) | at 9.25 am and 2.00 pm on Tuesday 9 September; |
|
| | (d) | at 11.30 am and 2.00 pm on Thursday 11 September; |
|
| | (e) | at 9.25 am and 2.00 pm on Tuesday 14 October; |
|
| | (2) | the Committee shall hear oral eveidence on Monday 21 July in accordance |
|
| | with the following Table— |
|
| | |
| | | | | | Until not later than 4.00 pm |
| Alison Saunders, Director of |
| | | | | Public Prosecutions; National |
| | | | | | | | | Until no later than 4.45 pm |
| Church of England; Catholic |
| | | | | Bishops for England and Wales |
| | | | Until not later than 5.30 pm |
| Centre for Social Justice; |
| | | | | | | | | Until no later than 6.00 pm |
| Nadine Finch, Garden Court |
| | | | | Chambers; Peter Carter QC, Red |
| | | | | | | |
|
| | (3) | proceedings on consideration of the Bill in Committee shall be taken in the |
|
| | following order; Clauses 1 to 13; Schedule 1; Clauses 14 and 15; Schedule 2; |
|
| | Clauses 16 to 39; Schedule 3; Clauses 40 to 46; Schedule 4; Clauses 47 to 51; |
|
| | new Clauses; new Schedules; remaining proceedings on the Bill. |
|
| | (4) | the proceedings shall (so far as not previously concluded) be brought to a |
|
| | conclusion at 5.00 pm on Tuesday 14 October. |
|
| |
|