House of Commons Amendments

Session 2014 - 15
Internet Publications
Other Bills before Parliament

Public Bill Committee: 4 September 2014
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Modern Slavery Bill, continued

(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.

(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—

Public Bill Committee: 4 September 2014
96

Modern Slavery Bill, continued

(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.”.

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.”

Sarah Teather

NC22


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

Act.

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Modern Slavery Bill, continued

(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

in paragraph (c).

(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).”

Mr David Hanson

Diana Johnson

Phil Wilson

NC23


To move the following Clause—

“Enabling provision to enable the Gangmasters Licensing Authority to tackle

modern day slavery

(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

obtaining Royal Assent.

(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

be taking place.”

Mr David Hanson

Diana Johnson

Phil Wilson

NC24


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—

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Modern Slavery Bill, continued

(a)
change their employer (but not work sector) while in the United

Kingdom;

(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

funds;

(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.”

Sir Andrew Stunell

NC25


To move the following Clause—

“Quoted company’s duty to prepare strategic report: impact of supply chains on

human rights

(2)
That section 414C, Contents of strategic report, of the Companies Act 2006 be

amended as follows.

(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:—

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

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Modern Slavery Bill, continued

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

may be programmed.

Order of the Committee [21 July 2014]

That—

(1)
the Committee shall (in addition to its first meeting at 3.30pm on Monday 21

July) meet—

(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—

TABLE

Time
Witness

Until not later than 4.00 pm
Alison Saunders, Director of

Public Prosecutions; National

Crime Agency

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;

Kalayaan; Unseen UK

Until no later than 6.00 pm
Nadine Finch, Garden Court

Chambers; Peter Carter QC, Red

Lion Chambers

(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.



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