House of Commons Amendments

Session 2014 - 15
Internet Publications
Other Bills before Parliament

Public Bill Committee: 9 September 2014
141

Modern Slavery Bill, continued


commits an offence of human trafficking.

(2)
The consent or apparent consent of the child to the acts referenced in subsection

2A(1)(a) or to the exploitation is irrelevant.”

Diana Johnson

Mr David Hanson

Phil Wilson

Sarah Champion

NC17

To move the following Clause—

“Offence of exploitation

(1)
A person commits an offence if they exploit a person 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.

(2)
A person may be in a situation of exploitation whether or not—

(a)
escape from the situation is practically possible for the person; or

(b)
the person has attempted to escape from the situation.

(3)
The consent or apparent consent of the person to the exploitation is irrelevant

where any of the means set forth in section 9(1) has been used.”

Diana Johnson

Mr David Hanson

Phil Wilson

Sarah Champion

NC18

To move the following Clause—

“Offence of child exploitation

(1)
A person commits an offence if they exploit a child.

(2)
It shall be such an offence even if there was no threat or use of violence, other

forms of coercion, deception or any abuse of a position of vulnerability.

(3)
A child may be in a situation of exploitation whether or not—

(a)
escape from the situation is practically possible for the child; or

(b)
the child has attempted to escape from the situation.

(4)
The consent or apparent consent of the child to the exploitation is irrelevant.

(5)
“Child Exploitation” includes but is not limited to, the exploitation of the

prostitution of others or other forms of sexual exploitation; the exploitation of

labour or services including begging or practices similar to slavery, servitude or

forced or compulsory labour; the exploitation of or for criminal activities

including benefit fraud; the removal of organs; forced or servile marriage or

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enforced surrogacy; exploitation for unlawful adoption; and exploitation by

enforced drugs smuggling, manufacture, production or distribution.”

Mark Durkan

NC19

To move the following Clause—

“Establishment of the Anti-Slavery Commissioner

(1)
There is to be an office of Anti-Slavery Commissioner (in this section “the

Commissioner”).

(2)
The Commissioner shall be appointed by the Secretary of State, following a pre-

appointment review by Parliament of the candidate proposed by the Secretary of

State.

(3)
The Commissioner may appoint their own staff.”

Mark Durkan

NC20

To move the following Clause—

“General function and powers of Commissioner

(1)
The Commissioner shall—

(a)
monitor trafficking, slavery, exploitation, servitude, and forced or

compulsory labour, the fulfilment of international obligations and the

effectiveness of national legislation and policy;

(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.

Public Bill Committee: 9 September 2014
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(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—

(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;

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(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

Fiona Mactaggart

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.

(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;

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Modern Slavery Bill, continued

(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—

(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.”

Public Bill Committee: 9 September 2014
146

Modern Slavery Bill, continued

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.

Mr David Hanson

Diana Johnson

Phil Wilson

NC26

To move the following Clause—

“Independent legal guardian 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;

(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;

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Modern Slavery Bill, continued

(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.

(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.”



© Parliamentary copyright	Revised 9 September 2014