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Notices of Amendments: 4 September 2014                  

108

 

Modern Slavery Bill, continued

 
 

(f)    

keep the child informed of all relevant immigration, criminal,

 

compensation, community care, public law or other processings;

 

(g)    

contribute to identification of a plan to safefuard and promote a durable

 

solution for the child based on an individual assessment of that child’s

 

best interests;

 

(h)    

provide a link between the child and various statutory and other bodies

 

who may provide services to the child, accompanying the child to any

 

relevant meetings;

 

(i)    

assist in establishing contact with the child’s family, where the child so

 

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

 

(j)    

liaise with all professionals handling the child’s case including

 

immigration, police, social welfare, health, education and support

 

services; and

 

(k)    

accompany the child wherever it is deemed appropriate to do so.

 

(5)    

Subsection (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)    

cannot be identified;

 

(e)    

is in a country outside the United Kingdom; or

 

(f)    

is a local authority.

 

(6)    

A child trafficking advocate must have completed the training required in

 

subsection (10) and may be—

 

(a)    

an employee of a statutory body except for an employee of a local

 

authority;

 

(b)    

an employee of a recognised charitable organisation; or

 

(c)    

a volunteer for a recognised charitable organisation.

 

(7)    

A person discharging duties as a child trafficking advocate shall not discharge

 

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

 

assistance under this section.

 

(8)    

The child trafficking advocate may request a public authority or relevant body to

 

cooperate with them in any way that the advocate considers necessary and that is

 

in the best interest of the child. A public authority or relevant body must so far as

 

reasonably practicable comply with a request made to it under this section.

 

(9)    

In subsection (8), a “relevant body” means a person or organisation—

 

(a)    

which provides services to the child; or

 

(b)    

to which a child makes an application for services; or

 

(c)    

to which the child needs access in relation to being a victim of human

 

trafficking; or

 

(d)    

any court or tribunal that a child engages with.

 

(10)    

The Secretary of State shall by order—

 

(a)    

set out the arrangements for the appointment of a child trafficking

 

advocate immediately after a child is identified as a potential victim of

 

trafficking in human beings;

 

(b)    

set out requirements for the training courses to be completed before a

 

person may exercise functions as a child trafficking advocate;

 

(c)    

set out the arrangement for the supervision of persons discharging duties

 

as a child trafficking advocate;

 

(d)    

set out the arrangements for the provision of support services for persons

 

discharging duties as a child trafficking advocate; and


 
 

Notices of Amendments: 4 September 2014                  

109

 

Modern Slavery Bill, continued

 
 

(e)    

designate organisations as a “recognised charitable organisation” for the

 

purpose of this section.

 

(11)    

A person’s appointment as a child trafficking advocate for a particular child under

 

this section shall come to an end if—

 

(a)    

the child reaches the age of 21; or

 

(b)    

durable solution for the child has been found based on an individual

 

assessment of the best interests of the child.”

 

Member’s explanatory statement

 

The amendment provides for child trafficking advocates to be appointed for children who are

 

believed to be victims of human trafficking and slavery so that their best interests are represented.

 

This amendment sets out the minimum responsbilities of the advocates ensuring the advocates will

 

have strong and recognised statutory authority. The amendment includes the power for advocates

 

to appoint and instruct the child’s legal representatives where appropriate.

 

Fiona Bruce

 

Mr David Burrowes

 

122

 

Clause  41,  page  28,  line  5,  leave out sub-paragraphs (2) to (5).

 

Member’s explanatory statement

 

The amendment is consequential on amendment 121.

 

Fiona Bruce

 

Mr David Burrowes

 

123

 

Page  28,  line  23,  leave out Clause 42.

 

Member’s explanatory statement

 

This amendment is consequential on New Clause 29.

 

Fiona Bruce

 

Mr David Burrowes

 

Nc29

 

To move the following Clause—

 

“Identifying and supporting victims

 

(1)    

The Secretary of State shall make regulations about the arrangements for

 

determining whether or not a person is to be treated as a victim of slavery or

 

human trafficking and shall in particular make provision—

 

(a)    

about the process for the referral of potential victims of slavery or human

 

trafficking for such a determination;

 

(b)    

about the process and tests for determining whether a person should be

 

treated as such a victim; and

 

(c)    

for an individual to have access to an internal review and appeal of a

 

decision made about them under subsection 1(b).

 

(2)    

The Secretary of State must issue guidance to such public authorities and other

 

persons as the Secretary of State considers appropriate about indicators that a

 

person may be a victim of slavery or human trafficking.

 

(3)    

The Secretary of State may, from time to time, revise the guidance issued under

 

subsection (2).

 

(4)    

The Secretary of State must arrange for any guidance issued or revised under this

 

section to be published in a way the Secretary of State considers appropriate.

 

(5)    

The Secretary of State must ensure that—


 
 

Notices of Amendments: 4 September 2014                  

110

 

Modern Slavery Bill, continued

 
 

(a)    

a person about whom a referral has been made under subsection (1)(a) is

 

provided with assistance and support in accordance with this section

 

for—

 

(i)    

if there are no criminal proceedings, ninety days,

 

(ii)    

if criminal proceedings take place, ninety days after criminal

 

proceedings are completed; or

 

(iii)    

until there is a conclusive determination under the processes

 

established by subsection (1) that a person is not to be treated as

 

a victim of slavery or human trafficking,

 

(b)    

if the family of a child identified as a victim is resident in the United

 

Kingdom it be entitled to assistance and support under this section,

 

(c)    

assistance and support provided under this section—

 

(i)    

is not conditional on the willingness of the person to act as a

 

witness;

 

(ii)    

shall be provided with the person’s agreement;

 

(iii)    

shall take due account of the victim’s need for safety and

 

protection, including the opportunity to receive assistance from

 

a person of the same gender;

 

(iv)    

shall be provided to assist victims in their physical,

 

psychological and social recovery; and

 

(v)    

shall meet minimum standards for such support as shall be set out

 

by the Secretary of State by order.

 

(6)    

For the purpose of this section, “assistance and support” may include but not be

 

restricted to—

 

(a)    

appropriate and safe accommodation;

 

(b)    

material assistance, including that required by a person with special

 

needs arising from pregnancy, physical or mental health conditions,

 

disability, or being the victim of serious psychological, physical or sexual

 

violence;

 

(c)    

medical treatment, including psychological assistance;

 

(d)    

counselling;

 

(e)    

information, including on a reflection and recovery period, the possibility

 

of granting international protection and refugee status, a voluntary return,

 

welfare entitlements and accessing employment;

 

(f)    

translation and interpretation services, as required;

 

(g)    

access to education for child victims and children of victims;

 

(h)    

legal counselling, either through legal aid or other means;

 

(i)    

legal representation, either through legal aid or other means;

 

(j)    

assistance in applying for compensation; and

 

(k)    

provision of services (including travelling and other expenses) to assist a

 

victim of trafficking in human beings, and children of victims, to leave

 

the United Kingdom and to settle in a new place of residence.”.

 

Member’s explanatory statement

 

This New Clause ensures the arrangements for determining if a person is a victim of slavery or

 

human trafficking are established in regulations and contain a formal process for review and

 

appeal and requires the Secretary of State to set out in guidance the indicators that suggest a

 

person may be trafficked. The New Clause sets out the clear types of assistance which a victim can

 

receive and enables the Secretary of State to establish minimum standards for the provision of that

 

support. The New Clause sets out a ninety day minimum period for which a victim can receive

 

support.


 
 

Notices of Amendments: 4 September 2014                  

111

 

Modern Slavery Bill, continued

 
 

Mr David Hanson

 

Diana Johnson

 

Phil Wilson

 

124

 

Clause  24,  page  29,  line  3,  after subsection (6) add—

 

“(7)    

The Secretary of State shall publish statutory guidance on the measures that may

 

be included in a slavery and trafficking risk order within one month of this Act

 

receiving Royal Assent.”.

 

 

NOTICES WITHDRAWN

 

The following Notices were withdrawn on Thursday 4 September 2014:

 

amendment 82

 


 
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