Session 2014 - 15
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Other Bills before Parliament


 
 

Public Bill Committee: 9 September 2014                  

134

 

Modern Slavery Bill, continued

 
 

(8)    

“Relevant police area” means—

 

(a)    

where the defendant notifies a new name, the police area where the

 

defendant lives;

 

(b)    

where the defendant notifies a change of home address, the police area

 

where the defendant lives and (if different) the police area where the

 

defendant lived before the change of home address.”

 

Member’s explanatory statement

 

This amendment confers a power on the court to impose a requirement on a defendant in respect

 

of whom one or more prohibitions have been imposed under a slavery and trafficking prevention

 

order to notify information in relation to name and address in the way specified in the order.

 


 

Karen Bradley

 

NC2

 

To move the following Clause—

 

“Slavery and trafficking risk orders: requirement to provide name and address

 

(1)    

A slavery and trafficking risk order may (as well as imposing prohibitions on the

 

defendant) require the defendant to comply with subsections (3) to (6).

 

(2)    

It may do so only if the court is satisfied that the requirement is necessary for the

 

purpose of protecting persons generally, or particular persons, from the physical

 

or psychological harm which would be likely to occur if the defendant committed

 

a slavery or human trafficking offence.

 

(3)    

Before the end of the period of 3 days beginning with the day on which a slavery

 

and trafficking risk order requiring the defendant to comply with subsections (3)

 

to (6) is first served the defendant must, in the way specified in the order, notify

 

the person specified in the order of the relevant matters.

 

(4)    

The relevant matters are—

 

(a)    

the defendant’s name and, where the defendant uses one or more other

 

names, each of those names, and

 

(b)    

the defendant’s home address.

 

(5)    

If while the defendant is subject to the order the defendant—

 

(a)    

uses a name which has not been notified under the order, or

 

(b)    

changes home address,

 

    

the defendant must, in the way specified in the order, notify the person specified

 

in the order of the new name or the new home address.

 

(6)    

The notification must be given before the end of the period of 3 days beginning

 

with the day on which the defendant uses the name or changes home address.

 

(7)    

Where the order requires the defendant to notify the Director General of the

 

National Crime Agency or an immigration officer, the Director General or the

 

officer must give details of any notification to the chief officer of police for each

 

relevant police area.

 

(8)    

“Relevant police area” means—

 

(a)    

where the defendant notifies a new name, the police area where the

 

defendant lives;


 
 

Public Bill Committee: 9 September 2014                  

135

 

Modern Slavery Bill, continued

 
 

(b)    

where the defendant notifies a change of home address, the police area

 

where the defendant lives and (if different) the police area where the

 

defendant lived before the change of home address.”

 

Member’s explanatory statement

 

This amendment confers a power on the court to impose a requirement on a defendant in respect

 

of whom one or more prohibitions have been imposed under a slavery and trafficking risk order to

 

notify information in relation to name and address in the way specified in the order.

 


 

Mr David Burrowes

 

NC3

 

To move the following Clause—

 

“Meaning of slavery, servitude and forced or compulsory labour

 

(1)    

This section applies to section 1.

 

(2)    

Forced or compulsory labour means all work or sevice which is exacted from a

 

person under the menace of any penalty and to which the person has not given

 

free and informed consent.

 

(3)    

It is irrelevant whether a child has consented to forced or compulsory labour.

 

(4)    

Servitude is the condition of a person who provides labour or services, if, because

 

of coercion, threat, or deception—

 

(a)    

a reasonable person in the same situation as the person would not

 

consider himself or herself to be free—

 

(i)    

to cease providing the labour or services; or

 

(ii)    

to leave the place or area where the person provides the labour or

 

services; and

 

(b)    

the person is significantly deprived of personal freedom in respect of

 

aspects of his or her life other than the provision of the labour or services.

 

(5)    

Services or benefits of any kind can include forced begging or criminal activities.

 

(6)    

Slavery is the condition of a person over whom another person exacts control in

 

such a way as to significantly deprive that person of individual liberty, with the

 

intent of exploitation through the use, management, profit, transfer or disposal of

 

that person.

 

(7)    

In section 1 the references to holding a person in slavery or servitude or requiring

 

a person to perform forced or compulsory labour are also to be construed in

 

accordance with Article 4 of the Human Rights Convention.”

 

Member’s explanatory statement

 

This amendment adds definitions of slavery, servitude and forced or compulsory labour to the Bill

 

to aid interpretation of the law by frontline police officers and prosecutors. The definitions are

 

based on those in international law.

 


 

Fiona Mactaggart

 

NC4

 

To move the following Clause—

 

“Slavery of children and adults

 

(1)    

It is an offence to hold a person in, or subject a persons to, slavery.


 
 

Public Bill Committee: 9 September 2014                  

136

 

Modern Slavery Bill, continued

 
 

(2)    

For the purposes of this Act “slavery” means the control by a peron of a second

 

person in such a way as—

 

(a)    

significantly to deprive that second person of their individual liberty, and

 

(b)    

by which any person obtains a benefit through the use, management,

 

profit, transfer or disposal of that second person.

 

(3)    

Where that second person is a child, slavery also includes any act or transaction

 

whereby the child is transferred or purports to be transferred to another person in

 

return for money or other consideration, other than through lawful adoption or

 

similar formal process.”

 


 

Fiona Mactaggart

 

NC5

 

To move the following Clause—

 

“Child exploitation offences

 

(1)    

It is an offence to exploit a child.

 

(2)    

It is an offence for one person to obtain a benefit through the use of a child for the

 

purpose of exploitation.

 

(3)    

In determining whether an offence has been committed under this section—

 

(a)    

the question whether a child, or any person who has responsibility for the

 

child, has consented to any conduct, and

 

(b)    

the question whether any coercive means have been used,

 

are irrelevant.”

 


 

Fiona Mactaggart

 

NC6

 

To move the following Clause—

 

“Exploitation offence: general

 

(1)    

It is an offence to exploit a person.

 

(2)    

An offence under this section is committed where one person obtains a benefit

 

through the use of a second person for the purpose of exploitation by means of—

 

(a)    

the threat or use of force or of other forms of coercion,

 

(b)    

abduction,

 

(c)    

fraud or deception,

 

(d)    

abuse of power,

 

(e)    

abuse of a position of vulnerability,

 

(f)    

the giving or receiving of any payment or benefit with a view to securing

 

the consent of any person having control over that second person.”

 



 
 

Public Bill Committee: 9 September 2014                  

137

 

Modern Slavery Bill, continued

 
 

Fiona Mactaggart

 

NC7

 

To move the following Clause—

 

“Child trafficking

 

(1)    

It is an offence to traffick a child.

 

(2)    

An offence under this section is committed by any person who recruits,

 

transports, transfers, harbours or receives that child, including the exchange or

 

transfer of control over that child, for the purpose of exploitation.

 

(3)    

In determining whether an offence has been committed under this section—

 

(a)    

the question whether that child, or any person who has reponsibility for

 

that child, has consented to any conduct, and

 

(b)    

the question whether any coercive means have been used,

 

are irrelevant.”

 


 

Fiona Mactaggart

 

NC8

 

To move the following Clause—

 

“Trafficking

 

(1)    

It is an offence to traffick a person.

 

(2)    

An offence under this section is committed by any person who recruits,

 

transports, transfers, harbours or receives a second person for the purpose of

 

exploitation, where the means used to do any of those acts include—

 

(a)    

the threat or use of force or of other forms of coercion,

 

(b)    

abuction,

 

(c)    

fraud or deception,

 

(d)    

abuse of power,

 

(e)    

abuse of a position of vulnerability, or

 

(f)    

the giving or receiving of any payment or benefit with a view to securing

 

the consent of any other person having control over that second person.”

 


 

Fiona Mactaggart

 

NC9

 

To move the following Clause—

 

“Facilitating the commission of an offence under Part 1

 

A person who is concerned in, or who facilitates, the commission of an offence

 

under this Part in relation to a second person or child commits an offence if that

 

first person knows or ought to know that second person or child is, or is to be, held

 

in or subjected to slavery, or exploited or trafficked.”

 



 
 

Public Bill Committee: 9 September 2014                  

138

 

Modern Slavery Bill, continued

 
 

Fiona Mactaggart

 

NC10

 

To move the following Clause—

 

“Definition of “exploitation”

 

For the purposes of this Part—

 

(1)    

“exploitation” includes but is not limited to the prostitution of others or other

 

forms of sexual exploitation, labour or services including begging, practices

 

similar to slavery, servitude, or the exploitation of or for criminal activities, or the

 

removal of organs etc.

 

(2)    

“sexual exploitation” means—

 

(a)    

an offence under Part 1 of the Sexual Offence Act 2003,

 

(b)    

an offence under section 1(1)(a) of the Protection of Children Act 1978,

 

(c)    

an offence under any provision of the Sexual Offences (Northern Ireland)

 

Order 2008,

 

(d)    

an offence listed in Schedule 1 to the Criminal Justice (Children)

 

(Northern Ireland) Order 1998 (S.I 1998/1504 (N.I.9)),

 

(e)    

an offence under Article 3(1)(a) of the Protection of Children (Northern

 

Ireland) Order 1978 (S.I. 1978/1047 (N.I.17)), or

 

(f)    

anything done outside England and Wales and Northern Ireland which is

 

not an offence within any of paragraphs (a) to (e) but would be if done in

 

England and Wales or Northern Ireland.

 

(3)    

“removal of organs etc.” means—

 

(a)    

an offence under section 32 or 33 of the Human Tissue Act 2004

 

(prohibition of commercial dealings in organs and restrictions on use of

 

live donors) as it has effect in England and Wales, or

 

(b)    

which would involve the commission of such an offence if it were done

 

in England and Wales.”

 


 

Fiona Mactaggart

 

NC11

 

To move the following Clause—

 

“Commission of offence within or outside the United Kingdom

 

(1)    

A person who is a United Kingdom national or resident commits an offence under

 

this Part regardless of—

 

(a)    

where the offence took place, or

 

(b)    

the country or territory which is the place of arrival, entry, departure or

 

travel of any person in relation to whom the offence is committed.

 

(2)    

A person who is not a United Kingdom national or resident commits an offence

 

under this Part if—

 

(a)    

any part of the offence takes place in the United Kingdom, or

 

(b)    

the United Kingdom is the country of arrival, entry, departure, or travel

 

of any person in relation to whom the offence is committed.”

 



 
 

Public Bill Committee: 9 September 2014                  

139

 

Modern Slavery Bill, continued

 
 

Fiona Mactaggart

 

NC12

 

To move the following Clause—

 

“Penalties

 

(1)    

A person guilty of an offence under any section in this Part is liable—

 

(a)    

on conviction on indictment, to imprisonment for life or a fine or both;

 

(b)    

on summary conviction, to imprisonment for a term not exceeding 12

 

months or a fine not exceeding the statutory maximum or both.

 

(2)    

A person guilty of an offence under section (Facilitating the commission of an

 

offence under Part 1) is (unless subsection (3) applies) liable—

 

(a)    

on conviction on indictment, to imprisonment for a term not exceeding

 

10 years or a fine or both;

 

(b)    

on summary conviction, to imprisonment for a term not exceeding 12

 

months or a fine not exceeding the statutory maximum or both.

 

(3)    

Where the commission of an offence under section (Facilitating the commission

 

of an offence under Part 1) involves the offender kidnapping or falsely

 

imprisoning any person, a person guilty of that offence is liable, on conviction or

 

indictment, to imprisonment for life or a fine or both.

 

(4)    

In relation to an offence committed before section 154(1) of the Criminal Justice

 

Act 2003 comes into force, the references in subsections (1)(b) and (2)(b) to 12

 

months are to be read as references to six months.”

 


 

Fiona Mactaggart

 

NC13

 

To move the following Clause—

 

“Sentencing

 

(1)    

The Criminal Justice Act 2003 is amended as follows.

 

(2)    

In Part 1 of Schedule 15 (specified offences for purposes of Chapter 5 of Part 12:

 

sentencing of dangerous offenders), after paragraph 63F insert—

 

  “63G An offence under Part 1 of the Modern Slavery Act 2014.”

 

(3)    

In Part 1 of Schedule 15B (offence listed for purposes of sections 224A, 226A and

 

246A: life sentences, extended sentences, release on licence of prisoners serving

 

extended sentences), after paragraph 43 insert—

 

  “43A An offence under Part 1 of the Modern Slavery Act 2014.””

 


 

Fiona Mactaggart

 

NC14

 

To move the following Clause—

 

“Repeal of existing provisions

 

(1)    

In the Sexual Offences Act 2003, omit—

 

(a)    

section 59A (trafficking people for sexual exploitation),

 

(b)    

section 60 (interpretation of section 59A),


 
 

Public Bill Committee: 9 September 2014                  

140

 

Modern Slavery Bill, continued

 
 

(c)    

section 60A (forfeiture of land vehicle etc.),

 

(d)    

section 60B (detention of land vehicle etc.),

 

(e)    

section 60C (interpretation of sections 60A and 60B).

 

(2)    

In the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, omit—

 

(a)    

section 4 (traffficking people for exploitation),

 

(b)    

section 5(3) and (4) (section 4 - supplementary provision).

 

(3)    

In the Coroners and Justice Act 2009, omit section 71 (slavery, servitude and

 

forced or compulsory labour).”

 


 

Diana Johnson

 

Mr David Hanson

 

Phil Wilson

 

Sarah Champion

 

NC15

 

To move the following Clause—

 

“Human trafficking

 

(1)    

Any person who—

 

(a)    

recruits, transports, transfers, harbours or receives a person including by

 

exchange or transfer of control over that or those persons,

 

(b)    

by means of the threat or use of force or other forms of coercion, of

 

abduction, of fraud, of deception, of the abuse of power or abuse of a

 

position of vulnerability, or of the giving or receiving of payments or

 

benefits to achieve the consent of a person having control over another

 

person, and

 

(c)    

knows or ought ot know that the purpose of the acts in subsections 7(1)(a)

 

and 7(1)(b) above is the exploitation of that person,

 

    

commits an offence of human trafficking.

 

(2)    

The consent or apparent consent of a person to the acts referred to in subsection

 

2(1)(a) or to the exploitation shall be irrelevant where any of the means set forth

 

in subsection 2(1)(b) have been used.”

 


 

Diana Johnson

 

Mr David Hanson

 

Phil Wilson

 

Sarah Champion

 

NC16

 

To move the following Clause—

 

“Offence of child trafficking

 

(1)    

Any person who—

 

(a)    

recruits, transports, transfers, harbours or receives a child including by

 

exchange or transfer of control over the child, and

 

(b)    

knows or ought to know that the purpose of the acts in subsections 8(1)(a)

 

is the exploitation of that child,


 
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Revised 9 September 2014