House of Commons Amendments

Session 2014 - 15
Internet Publications
Other Bills before Parliament

113

House of Commons

Tuesday 9 September 2014

Public Bill Committee

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Modern Slavery Bill

Note

The Amendments have been arranged in accordance with the Order of the

Committee [21 July 2014].

Fiona Mactaggart

48

Page  4,  line  7,  leave out Clause 6.

Karen Bradley

5

Clause  10,  page  6,  line  34,  leave out paragraph (d) and insert—

“(d)
the reference in section 133(3)(c)(iii) to a slavery and trafficking

reparation order under section 8 were to a compensation order under

section 130 of that Act;”

Member’s explanatory statement

This amendment is consequential on the amendment to section 133(3)(c) of the Powers of Criminal

Courts (Sentencing) Act 2000 made by paragraph 9D of Schedule 4 (as inserted by amendment

25).

Public Bill Committee: 9 September 2014
114

Modern Slavery Bill, continued

Mr David Hanson

Diana Johnson

Phil Wilson

70

Clause  11,  page  8,  line  25,  leave out “or ought to have known”

Mr David Hanson

Diana Johnson

Phil Wilson

66

Clause  12,  page  8,  line  34,  leave out “senior”

Mr David Hanson

Diana Johnson

Phil Wilson

67

Clause  12,  page  9,  line  17,  leave out subsection (7).

Karen Bradley

6

Clause  13,  page  9,  line  23,  after “waters” insert “or in international waters that do

not form part of the territorial sea of any State”

Member’s explanatory statement

This amendment enables law enforcement officers to exercise enforcement powers in relation to

stateless vessels in international waters that do not form part of the territorial sea of any State,

where a modern slavery offence is suspected.

Mr David Hanson

Diana Johnson

Phil Wilson

28

Clause  13,  page  9,  line  44,  at end add—

“(6A)
The Secretary of State shall set out in a published memorandum how the authority

under subsection (3) is to be exercised.”

Mark Durkan

58

Clause  13,  page  10,  line  4,  at end add—

“(7A)
The Secretary of State shall, by way of regulations—

(a)
establish means to ensure that trends in maritime trafficking and forced

labour in the UK and international waters are identified and tracked;

(b)
establish means to ensure that intelligence and information on maritime

trafficking and forced labour are communicated to the enforcement

officers set out in this provision;

Public Bill Committee: 9 September 2014
115

Modern Slavery Bill, continued

(c)
establish means to ensure that co-ordination and intelligence sharing in

relation to maritime trafficking and forced labour occurs between the

agencies responsible for the enforcement officers as set out in this

provision;

(d)
establish means to ensure that enforcement officers set out in this

provision are aware of their responsibilities to potential and actual

victims of trafficking and forced labour;

(e)
receive bi-annual reports from the agencies responsible for the

enforcement officers in relation to their attempts to identify and disrupt

maritime trafficking and forced labour, and to assist the victims.”

Mark Durkan

57

Clause  13,  page  10,  line  11,  at end add “ and all territorial waters of the United

Kingdom including its dependencies and territories.”

Mr David Hanson

Diana Johnson

Phil Wilson

27

Clause  13,  page  11,  line  3,  at end insert—

“(10)
The Secretary of State must submit a report annually to Parliament on the use of

sections 11, 12 and 13 of this Act in the previous 12 months.”

Mr David Hanson

Diana Johnson

Phil Wilson

69

Schedule  1,  page  33,  line  18,  at end insert—

“(3A)
Any person refusing to disclose such information shall be guilty of an offence and

shall be liable on conviction to a fine not exceeding level 5 on the standard scale,

or imprisonment for up to six months.”

Mr David Hanson

Diana Johnson

Phil Wilson

76

Clause  16,  page  12,  line  12,  after “satisfied”, insert “beyond reasonable doubt”

Public Bill Committee: 9 September 2014
116

Modern Slavery Bill, continued

Mr David Hanson

Diana Johnson

Phil Wilson

68

Clause  16,  page  12,  line  26,  at end add “or

(c)
who the chief officer believes has been to it previously or had

connections with the area.”

Karen Bradley

7

Clause  20,  page  15,  line  17,  at end insert—

“( )
where the order was made on an application under section 16 by the

Director General of the National Crime Agency (“the Director General”),

the Director General.”

Member’s explanatory statement

This amendment enables the Director General of the National Crime Agency to apply to the

appropriate court to vary, renew or discharge a slavery and trafficking prevention order.

Karen Bradley

8

Clause  20,  page  15,  line  24,  after “defendant” insert “or require the defendant to

comply with section (Slavery and trafficking prevention orders: requirement to provide

name and address)(3) to (6)”

Member’s explanatory statement

This amendment provides that a slavery and trafficking prevention order may be varied to require

the defendant to provide details of his or her name and address if the tests in clause 20(4) are met.

Karen Bradley

9

Clause  20,  page  15,  line  32,  at end insert—

“(b)
may require the defendant to comply with section (Slavery and

trafficking prevention orders: requirement to provide name and address)

(3) to (6) only if the court is satisfied that the requirement is necessary for

that purpose.”

Member’s explanatory statement

This amendment provides that a renewed or varied slavery and trafficking prevention order may

require the defendant to provide details of his or her name and address only if the court is satisfied

it is necessary for the purpose in clause 20(4)(b).

Mr David Hanson

Diana Johnson

Phil Wilson

77

Clause  20,  page  15,  line  24,  after “satisfied”, insert “beyond reasonable doubt”

Karen Bradley

10

Clause  20,  page  16,  line  1,  leave out from beginning to “to” in line 2 and insert

“Where an immigration officer or the Director General makes an application under this

section, the officer or the Director General must give notice of the application”

Public Bill Committee: 9 September 2014
117

Modern Slavery Bill, continued

Member’s explanatory statement

This amendment requires the Director General of the National Crime Agency to notify the relevant

chief officer of police of an application by the Director General to vary, renew or discharge a

slavery and trafficking prevention order.

Karen Bradley

11

Clause  20,  page  16,  line  4,  after “officer” insert “or the Director General”

Member’s explanatory statement

This amendment is consequential on amendment 10.

Mr David Hanson

Diana Johnson

Phil Wilson

78

Clause  21,  page  16,  line  37,  leave out “it just” and insert “there is sufficient

evidence”

Karen Bradley

12

Clause  21,  page  16,  line  42,  at end insert—

“(5A)
The order may (as well as imposing prohibitions on the defendant) require the

defendant to comply with subsections (3) to (6) of section (Slavery and trafficking

prevention orders: requirement to provide name and address).


If it does, those subsections apply as if references to a slavery and trafficking

prevention order were to an interim slavery and trafficking prevention order.”

Member’s explanatory statement

This amendment enables an interim slavery and trafficking prevention order to require the

defendant to provide details of his or her name and address.

Mr David Hanson

Diana Johnson

Phil Wilson

80

Clause  23,  page  17,  line  35,  leave out “an” and insert “a senior”

Mr David Hanson

Diana Johnson

Phil Wilson

79

Clause  23,  page  17,  line  40,  after first “a” insert “sufficiently serious”

Sarah Teather

87

Clause  23,  page  18,  line  2,  at end insert—

“(2A)
An order will be “necessary” for the purposes of subsection (2)(b) where—

Public Bill Committee: 9 September 2014
118

Modern Slavery Bill, continued

(a)
there is insufficient evidence to bring a prosecution, but there is clear

evidence of future risk of commission of trafficking or slavery offences,

(b)
the defendant(s) have been convicted of offences linked to trafficking or

slavery overseas (but not an equivalent overseas offence under section

17(4)) and where there is evidence of a future risk of offending involving

slavery or trafficking,

(c)
the defendant(s) have been charged, but not convicted of a slavery or

trafficking offence, and protection from the risk of the commission of a

slavery or trafficking offence cannot be achieved by bail conditions

alone, or

(d)
the defendant(s) are part of or affiliated with a group or organisation

engaged in slavery or trafficking offences and whose core offenders are

currently being prosecuted.”

Mr David Hanson

Diana Johnson

Phil Wilson

81

Clause  24,  page  18,  line  30,  after “satisfied”, insert “beyond reasonable doubt”

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.”

Karen Bradley

13

Clause  26,  page  19,  line  42,  at end insert—

“( )
where the order was made on an application by the Director General of

the National Crime Agency (“the Director General”), the Director

General.”

Member’s explanatory statement

This amendment enables the Director General of the National Crime Agency to apply to the

appropriate court to vary, renew or discharge a slavery and trafficking risk order.

Karen Bradley

14

Clause  26,  page  20,  line  5,  after “defendant” insert “or require the defendant to

comply with section (Slavery and trafficking risk orders: requirement to provide name

and address)(3) to (6)”

Member’s explanatory statement

This amendment provides that a slavery and trafficking risk order may be varied to require the

defendant to provide details of his or her name and address if the tests in clause 26(4) are met.

Karen Bradley

15

Clause  26,  page  20,  line  13,  at end insert—

Public Bill Committee: 9 September 2014
119

Modern Slavery Bill, continued

“(b)
may require the defendant to comply with section (Slavery and

trafficking risk orders: requirement to provide name and address)(3) to

(6) only if the court is satisfied that the requirement is necessary for that

purpose.”

Member’s explanatory statement

This amendment provides that a renewed or varied slavery and trafficking prevention order may

require the defendant to provide details of his or her name and address only if the court is satisfied

it is necessary for the purpose in clause 26(4)(b).

Karen Bradley

16

Clause  26,  page  20,  line  20,  leave out from beginning to “to” in line 21 and insert

“Where an immigration officer or the Director General makes an application under this

section, the officer or the Director General must give notice of the application”

Member’s explanatory statement

This amendment requires the Director General of the National Crime Agency to notify the relevant

chief officer of police of an application by the Director General to vary, renew or discharge a

slavery and trafficking risk order.

Karen Bradley

17

Clause  26,  page  20,  line  23,  after “officer” insert “or the Director General”

Member’s explanatory statement

This amendment is consequential on amendment 16.

Karen Bradley

18

Clause  27,  page  21,  line  15,  at end insert—

“(5A)
The order may (as well as imposing prohibitions on the defendant) require the

defendant to comply with subsections (3) to (6) of section (Slavery and trafficking

risk orders: requirement to provide name and address).


If it does, those subsections apply as if references to a slavery and trafficking risk

order were to an interim slavery and trafficking risk order.”

Member’s explanatory statement

This amendment enables an interim slavery and trafficking risk order to require the defendant to

provide details of his or her name and address.

Karen Bradley

19

Clause  29,  page  22,  line  8,  after “19(4)” insert “or 25(4) (requirement to surrender

passports)”

Member’s explanatory statement

This amendment is consequential on amendment 20 and is rearranging existing provision in the

Bill (relating to the offence of failing to surrender a passport) without changing its effect.

Karen Bradley

20

Clause  29,  page  22,  line  9,  leave out “25(4)” and insert “(Slavery and trafficking



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