House of Commons Amendments

Session 2014 - 15
Internet Publications
Other Bills before Parliament

101

House of Commons

Notices of Amendments

given on

Thursday 4 September 2014

For other Amendment(s) see the following page(s):

Modern Slavery Bill Committee 69-100

Public Bill Committee

Modern Slavery Bill

Sarah Champion

Diana Johnson

101

Clause  43,  page  28,  line  40,  leave out “with functions under relevant

arrangements”

Sarah Champion

Diana Johnson

102

Clause  43,  page  29,  line  5,  leave out subparagraph (3).

Sarah Champion

Diana Johnson

103

Clause  43,  page  28,  line  41,  after “trafficking”, insert “or slavery”

Sarah Champion

Diana Johnson

104

Clause  43,  page  29,  line  1,  after (2) insert “Unless and”

Sarah Champion

Diana Johnson

105

Clause  43,  page  29,  line  2,  after “determined”, insert “and no challenges to that

determination are pending”

Notices of Amendments: 4 September 2014
102

Modern Slavery Bill, continued

Sarah Champion

Diana Johnson

106

Clause  43,  page  29,  line  2,  leave out from “for” to “that” in line 3.

Mark Durkan

107

Clause  36,  page  26,  line  12,  at end insert—

“(8)
An annual report can also include observations and recommendations as to the

adequacty, efficacy and co-ordination of measures, policies and perfomance of

relevant services including public authorities as specified in Clause 37 section 5

or under relevant devolved powers.”

Mark Durkan

108

Clause  37,  page  26,  line  38,  at end insert—

“(6)
Specified public authority can also include a public authority which has been

specified under relevant procedures of devolved institutions.”.

Mr David Hanson

Diana Johnson

Phil Wilson

109

Clause  29,  page  22,  line  14,  leave out “not exceeding £5,000”.

Mr David Hanson

Diana Johnson

Phil Wilson

110

Page  28,  line  1,  leave out Clause 41.

Mr David Hanson

Diana Johnson

Phil Wilson

NC26

To move the following Clause—

“Independent legal guiardian for trafficked children

(1)
An independent legal guardian shall be appointed to represent the best interests

of each child who is a separated chidl and/or may be a trafficked, enslaved or

exploited person pursuant to this Bill if the person who has parental responsibility

for the child fulfils any of the conditions set out in section 17(4).

(2)
The Secretary of State shall establish an independent body to be known as “the

Child Guardianship Service” which shall—

(a)
by order set out the arrangements for the recruitment, vetting and

appointment of a suitably qualified independent child guardian with the

requisite professional qualifications immediately after a child is

identified as a separated child and/or a potential victim of trafficking,

enslaving or exploitation;

(b)
by order set out requirements for the training courses to be completed

before a person may discharge duties as an independent child guardian;

(c)
by order set out the arrangements for the supervision of persons

discharging duties as an independent child guardian;

Notices of Amendments: 4 September 2014
103

Modern Slavery Bill, continued

(d)
monitor the activities of the independent child guardians and by order

provide an accessible individual complaint mechanism for all children

under the Child Guardianship Service;

(e)
by order set out the arrangements for the provision of support services for

persons discharging duties as an independent child guardian; and

(f)
by order designate organisations as a “recognised charitable

organisation” for the purpose of this section.

(3)
Under the supervision of the Child Guardianship Service, the appointed

independent legal child guardian shall be responsible at a minimum for—

(a)
ensuring that all decisions relating to the child are made in the child’s best

interests and, where reasonably practicable, are consistent with the

child’s welfare after ascertaining the child’s wishes and feelings in

relation to those decisions;

(b)
advocating for the child, if a potential trafficked, enslaved or exploited

person, to receive identification as such, appropriate care, safe

accommodation, medical treatment, including psychological assistance,

education, translation and interpretation services;

(c)
assisting the child to access legal and other representation where

necessary, including, where appropriate, appointing and instructing the

solicitor representing the child on all matters relevant to the interests of

the child;

(d)
consulting, advising and informing the child victim of the child’s legal

rights;

(e)
keeping the child informed of all relevant legal and administrative

proceedings;

(f)
contributing to the identification of a plan to safeguard and promote the

long-term welfare of the child based on an individual assessment of that

child’s best interests;

(g)
providing a link between the child an various organisations who may

provide services to the child;

(h)
assisting in establishing contact with the child’s family, where the child

so wishes and it is in the child’s best interests;

(i)
where appropriate, liaising with an immigration officer handling the

child’s case in conjunction with the child’s legal representative;

(j)
accompanying the child to all relevant interviews, including those

relating to police, welfare, immigration and compensation; and

(k)
accompanying the child whenever the child moves to new

accommodation.

(4)
Section 17(1) shall apply if the person who has parental responsibility for the

child—

(a)
is suspected of taking part in the trafficking of human beings;

(b)
has another conflict of interest with the child;

(c)
is not in contact with the child;

(d)
is a local authority; or

(e)
is in a country outside the United Kingdom.

(5)
In section 17(1), an independent child guardian may be an employee of—

(a)
an independent statutory body; or

(b)
a recognised charitable organisation.

(6)
A person discharging duties as an independent child guardian shall not discharge

any other statutory duties in relation to a child for whom they are providing

assistance under this section.

Notices of Amendments: 4 September 2014
104

Modern Slavery Bill, continued

(7)
Where an independent child guardian is appointed under section 17(1), the

authority of the independent child guardian in relation to the child shall be

recognised by any relevant body.

(8)
In section 17(7), a “relevant body” means a person or organisation—

(a)
which provides services to the child;

(b)
to which a child makes an application for services; or

(c)
to which the child needs access in relation to being a potential victim of

trafficking, enslaving or exploitation.”.

Diana Johnson

Mr David Hanson

Phil Wilson

NC27

To move the following Clause—

“General duty to identify, assist, support and promote the welfare of victims

(1)
Public authorities have a general duty—

(a)
to take all reasonable steps to identify persons who are, may be, or may

have been, trafficked, enslaved or exploited persons;

(b)
to take all reasonable steps to provide assistance and support (including

to refer persons to other agencies for assistance and support) on a

consensual and informed basis, and to promote the welfare of persons

who are, may be, or may have been, trafficked, enslaved or exploited

persons, including, as a minimum the provision of—

(i)
standards of living capable of ensuring their subsistence, through

such measures as the provision of appropriate and secure

accommodation, psychological and material assistance;

(ii)
access to necessary medical treatment;

(iii)
translation and interpretation services;

(iv)
counselling and information, in particular regarding their legal

rights and the services available to them, in a language that they

can understand;

(v)
assistance to enable their rights and interests to be presented and

considered at appropriate stages of criminal proceedings against

offenders; and

(vi)
access to education for children;

(c)
to make arrangements for ensuring that any services provided by another

person for the purpose of discharging the public authority’s function are

provided in accordance with the general duty in section 16(1) above; and

(d)
to have due regard to the fact that an individual is, or may have been a

trafficked, enslaved or exploited person when making decisions affecting

that individual.”

Diana Johnson

Mr David Hanson

Phil Wilson

NC28

To move the following Clause—

“Establishment and function of the National Referral Mechanism (“NRM”)

(1)
The Secretary of State must establish an NRM to—

Notices of Amendments: 4 September 2014
105

Modern Slavery Bill, continued

(a)
identify trafficked, enslaved or exploited persons within the United

Kingdom;

(b)
provide assistance and support to a person who may have been trafficked,

enslaved or exploited from the time at which that person is first referred

into the NRM until such time as a final and conclusive determination is

made that they are not such a person; and

(c)
ensure that the rights of such persons are protected and promoted in a

manner which discharges the Government’s obligations under the

Trafficking Convention and the Trafficking Directive regarding the

identification and protection of victims, including measures for

assistance and support including, at a minimum, the measures referred to

in section 16(1).

(2)
The Secretary of State must, in regulations, specify the procedures to be followed

to implement the NRM and the procedures to be applied by the NRM including

to give effect to the right to a renewable residence permit provided for in sections

16(11) and (12) below.

(3)
The regulations must provide for a right of appeal by an individual in respect of

a decision in the NRM process that they are not a trafficked, enslaved or exploited

person.

(4)
A person (including a child) must give their free and informed consent to being

referred into the NRM before a referral is made on their behalf.

Additional protections - renewable residence permits

(5)
A person who is determined in the NRM process to be a trafficked, enslaved or

exploited person shall be entitled to a one year renewable residence permit

permitting them to remain in the United Kingdom where one or other, or both, of

the following situations apply—

(a)
a competent authority in the NRM considers that their stay is necessary

owing to their personal situation; or

(b)
a competent authority in the NRM considers that their stay is necessary

for the purpose of the person’s co-operation with the authorities in

connection with their investigations or criminal proceedings.

(6)
A residence permit for child victims shall be issued where it is in accordance with

the best interests of the child and, where appropriate, renewed under the same

conditions.

Duties in relation to children

(7)
The protection, assistance and support provided to trafficked, enslaved or

exploited children (including those to whom the presumption of age applies) in

accordance with the provisions in this Bill shall be at least equivalent to the

protection, assistance and support provided to adults, save that where other

legislation provides for greater protection for children that legislation shall, to the

extent of any inconsistency with this Bill, prevail.”

Diana Johnson

Mr David Hanson

Phil Wilson

111

Clause  35,  page  25,  line  1,  at end insert—

“(c)
the promotion and protection of the rights of victims of human trafficking

and slavery.

(1A)
The Commissioner must monitor the implimentation in the UK of the Trafficking

Convention, Anti-Trafficking Directive and other international obligations.”.

Notices of Amendments: 4 September 2014
106

Modern Slavery Bill, continued

Member’s explanatory statement

The amendment extends the functions of the Commissioner beyond law enforcement and

identification of victims and gives the Commissioner responsibility for monitoring the

implementation of international obligations on modern slavery.

Diana Johnson

Mr David Hanson

Phil Wilson

112

Clause  34,  page  24,  line  20,  at end insert—

“(2A)
Before making this appointment the Secretary of State’s preferred candidate must

go through a pre-appointment hearing with the Home Affairs Select Committee.”.

Diana Johnson

Mr David Hanson

Phil Wilson

113

Clause  35,  page  25,  line  1,  at end insert—

“(1A)
When preparing the strategic plan the Commissioner must give consideration to

any proposal submitted to the Commissioner from any Parliamentary Select

Committee. If the Commissioner does not accept the Committee’s proposal the

Commissioner must write to the relevant Committee explain the decision.”

Diana Johnson

Mr David Hanson

Phil Wilson

114

Clause  36,  page  26,  line  4,  leave out “Secretary of State” and insert “Parliament”.

Diana Johnson

Mr David Hanson

Phil Wilson

115

Clause  36,  page  26,  line  13,  leave out subsection (9).

Diana Johnson

Mr David Hanson

Phil Wilson

116

Clause  36,  page  26,  line  18,  leave out “Secretary of State may” and insert

“Commissioner must consult with the Secretary of State and”

Diana Johnson

Mr David Hanson

Phil Wilson

117

Clause  34,  page  24,  line  19,  leave out “a person as the” and insert “an independent”

Member’s explanatory statement

This amendment asserts the independence of the Anti-Slavery Commissioner.

Notices of Amendments: 4 September 2014
107

Modern Slavery Bill, continued

Diana Johnson

Mr David Hanson

Phil Wilson

118

Clause  34,  page  24,  line  23,  leave out “may” to end of line 30 and insert—


“shall pay remuneration and allowances to the Commissioner and—

(a)
shall before the beginning of each financial year specify a maximum sum

which the Commissioner may spend on functions for that year

(b)
may permit that to be exceeded for a specified purpose, and

(c)
shall defray the Commissoner’s expenditure for each financial year

subject to paragraphs (a) and (b).

(4)
The Commissioner may appoint staff.”

Fiona Bruce

Mr David Burrowes

119

Clause  35,  page  25,  line  9,  at end insert—

“( )
Undertaking investigations and studies to monitor and identify trends in human

trafficking and slavery;

( )
Requesting inspections to be carried out by statutory inspectors;”

Member’s explanatory statement

The amendment extends the permitted activities of the Commissioner in carrying out the general

functions.

Fiona Bruce

Mr David Burrowes

120

Clause  35,  page  25,  line  12,  at end insert “, including relevant civil society

organisations”

Member’s explanatory statement

The amendment adds thats the Commissioner may work with relevant civil society organisations.

Fiona Bruce

Mr David Burrowes

121

Clause  41,  page  28,  line  4,  at end insert—

“or slavery if the person who has parental responsibility for the child fulfils any of the

conditions in subsection (5).

‘(2)
The child trafficking advocate will act in the best interests of the child and be

appointed as soon as any public authority or relevant body has a reasonable

suspicion to believe the child is such a victim.

(3)
The child trafficking advocate will have powers to appoint and instruct legal

representatives on behalf of the child in all matters relevant to the interest of the

child.

(4)
The child trafficking advocate shall at minimum have responsibilities to—

(a)
advocate that all decisions relating to the child are made in the child’s

best interest;

(b)
ascertain the child’s wishes and feeling in relation to those decisions;

(c)
advocate for the child to receive appropriate care, safe accommodation,

medical treatment, including psychological assistance, education,

translation and interpretation services as required;

(d)
assist the child to access legal and other representation where necessary;

(e)
consult with, advise and keep the child informed of legal rights;



© Parliamentary copyright	Revised 5 September 2014