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| |
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| | | commits an offence of human trafficking. |
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| | (2) | The consent or apparent consent of the child to the acts referenced in subsection |
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| | 2A(1)(a) or to the exploitation is irrelevant.” |
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| To move the following Clause— |
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| | |
| | (1) | A person commits an offence if they exploit a person by means of the threat or |
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| | use of force or other forms of coercion, of abduction, of fraud, of deception, of |
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| | the abuse of power or abuse of a position of vulnerability, or of the giving or |
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| | receiving of payments or benefits to achieve the consent of a person having |
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| | control over another person. |
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| | (2) | A person may be in a situation of exploitation whether or not— |
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| | (a) | escape from the situation is practically possible for the person; or |
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| | (b) | the person has attempted to escape from the situation. |
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| | (3) | The consent or apparent consent of the person to the exploitation is irrelevant |
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| | where any of the means set forth in section 9(1) has been used.” |
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| To move the following Clause— |
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| | “Offence of child exploitation |
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| | (1) | A person commits an offence if they exploit a child. |
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| | (2) | It shall be such an offence even if there was no threat or use of violence, other |
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| | forms of coercion, deception or any abuse of a position of vulnerability. |
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| | (3) | A child may be in a situation of exploitation whether or not— |
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| | (a) | escape from the situation is practically possible for the child; or |
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| | (b) | the child has attempted to escape from the situation. |
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| | (4) | The consent or apparent consent of the child to the exploitation is irrelevant. |
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| | (5) | “Child Exploitation” includes but is not limited to, the exploitation of the |
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| | prostitution of others or other forms of sexual exploitation; the exploitation of |
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| | labour or services including begging or practices similar to slavery, servitude or |
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| | forced or compulsory labour; the exploitation of or for criminal activities |
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| | including benefit fraud; the removal of organs; forced or servile marriage or |
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| |
| |
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| | enforced surrogacy; exploitation for unlawful adoption; and exploitation by |
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| | enforced drugs smuggling, manufacture, production or distribution.” |
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| |
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| | |
| To move the following Clause— |
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| | “Establishment of the Anti-Slavery Commissioner |
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| | (1) | There is to be an office of Anti-Slavery Commissioner (in this section “the |
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| | |
| | (2) | The Commissioner shall be appointed by the Secretary of State, following a pre- |
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| | appointment review by Parliament of the candidate proposed by the Secretary of |
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| | |
| | (3) | The Commissioner may appoint their own staff.” |
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| | |
| To move the following Clause— |
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| | “General function and powers of Commissioner |
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| | (1) | The Commissioner shall— |
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| | (a) | monitor trafficking, slavery, exploitation, servitude, and forced or |
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| | compulsory labour, the fulfilment of international obligations and the |
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| | effectiveness of national legislation and policy; |
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| | (b) | issue proposals, recommendations, statements, opinions and advice |
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| | relevant to the fight against trafficking, slavery, exploitation, servitude, |
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| | forced or compulsory labour and to the realisation of the rights of |
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| | |
| | (c) | engage with international organisations on trafficking, slavery, |
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| | exploitation, servitude, forced or compulsory labour, child protection, |
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| | and other relevant issues; |
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| | (d) | report annually to Parliament on trafficking, slavery, exploitation, |
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| | servitude, forced or compulsory labour, and related issues; |
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| | (e) | periodically review the offences and related policy of trafficking and |
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| | slavery to ensure that they reflect the UK’s obligations under the |
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| | Trafficking Convention and Trafficking Directive and that other |
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| | international instruments are consistently applied to all trafficked, |
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| | enslaved or exploited persons; |
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| | (f) | periodically review public authorities’ compliance with their duties |
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| | under international and national legislation and policy in relation to |
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| | trafficking, slavery, exploitation, servitude and forced and compulsory |
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| | |
| | (g) | provide an impact assessment on the trafficking, slavery, exploitation, |
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| | servitude, and forced or compulsory labour implications for government |
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| | trade deals and trade and aid policy. |
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| |
| |
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| | (2) | The Commissioner is responsible for reviewing the practical implementation of |
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| | the non-prosecution and non-punishment of trafficked, enslaved and/or exploited |
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| | persons, and in doing so must have particular regard to women and children. |
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| | (3) | The Commissioner shall, specifically in respect of victims— |
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| | (a) | encourage persons exercising functions or engaged in activities affecting |
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| | trafficked, enslaved or exploited persons to take account of the views and |
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| | |
| | (b) | consult with and advise the Government on the views and interests of |
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| | trafficked, enslaved or exploited persons; |
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| | (c) | consider the operation of complaints procedures relating to trafficked, |
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| | enslaved or exploited persons; |
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| | (d) | consider any other matters relating to the services for, and interests and |
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| | outcomes of trafficked, enslaved or exploited persons; |
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| | (e) | be responsible for reviewing the practical implementation of the |
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| | provision in this Bill for the non-prosecution of and non-application of |
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| | penalties to trafficked, enslaved or exploited persons and victims of |
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| | forced or compulsory labour, and in doing so must have particular regard |
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| | to women and children; and |
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| | (f) | publish a report on any matter in connection with trafficking, slavery, |
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| | exploitation, servitude, and forced or compulsory labour considered by |
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| | the Commissioner, which may include recommendations. |
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| | (4) | The Commissioner must take reasonable steps to involve trafficked, enslaved |
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| | and/or exploited persons in the discharge of his/her function under this section, |
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| | |
| | (a) | ensure that trafficked, enslaved or exploited persons are made aware of |
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| | the Commissioner’s function and how they may communicate with the |
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| | |
| | (b) | consult trafficked, enslaved or exploited persons, and organisations |
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| | working with them on the matters the Commission proposes to consider. |
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| | (5) | The Commissioner is not obliged under this section to conduct an investigation |
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| | of the case of an individual trafficked, enslaved or exploited person. The |
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| | Commissioner may, however— |
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| | (a) | investigate a particular case and/or intervene as a third party in a |
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| | particular case where the case raises issues of public policy of relevance |
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| | to other trafficked, enslaved or exploited persons; or |
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| | (b) | investigate any decision or recommendation made, or any act done or |
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| | omitted, in respect of any trafficked, enslaved or exploited person. |
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| | (6) | All public authorities must supply the Commissioner with such information in |
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| | that person’s possession or control relating to those functions as the |
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| | Commissioner may reasonably request for the purposes of his function under this |
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| | section (provided that the information is information which that person may, |
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| | apart from this section (6), lawfully disclose to the Commissioner). |
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| | (7) | Where the Commissioner has published a report under this section containing |
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| | recommendations in respect of any person exercising functions under any |
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| | enactment, he may require that person to state in writing, within such period as |
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| | the Commissioner may reasonably require, what action the person has taken or |
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| | proposes to take in response to the recommendations. |
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| | (8) | The Secretary of State must not take steps or impose measures that may impair, |
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| | or may appear to impair, the Commissioner’s independence and shall ensure that |
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| | the Commissioner is, to the extent the Commissioner is able, to determine, |
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| | without limitation (other than as prescribed in this Bill)— |
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| | (a) | the Commissioner’s activities; |
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| | (b) | the Commissioner’s timetables; |
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| |
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| | (c) | the Commissioner’s priorities; and |
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| | (d) | the Commissioner’s resources and funding.” |
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| |
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| | |
| To move the following Clause— |
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| | “Procuring sex for payment |
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| | (1) | A person commits an offence under this section if he or she procures sexual |
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| | intercourse or any other sexual act, whether for himself or herself or for another |
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| | person, in return for payment. |
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| | (2) | a “payment” includes— |
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| | (a) | payment that is promised or given by another person; |
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| | (b) | provision of non-financial benefits, including, but not limited to, drugs or |
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| | |
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| | |
| To move the following Clause— |
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| | “National referral mechanism |
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| | (1) | The Secretary of State must by order establish a mechanism for the identification |
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| | and protection of victims of modern slavery offences as defined in Part 1 of this |
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| | |
| | (2) | In establishing the mechanism the Secretary of State must have regard to the the |
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| | desirability of making provision for the following matters— |
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| | (a) | the means and process for the identification and referral to the |
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| | mechanism of potential victims of modern slavery; |
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| | (b) | the provision to a child of an advocate in accordance with section 41 of |
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| | this Act, if no such advocate has already been appointed upon |
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| | identification of the child as a victim or referral to the mechanism; |
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| | (c) | the appropriate stages in the formal identification process of a victim of |
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| | modern slavery, the tests to be applied at each stage, and the timescales |
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| | within which each stage must be completed; |
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| | (d) | the suitability, qualification and necessary training of a person or |
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| | organisation to fulfil the processes at paragraphs (2)(a) or (c); |
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| | (e) | the principle that an organisation whose functions include determining |
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| | asylum and immigration is unsuitable to deal with the matters referred to |
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| | |
| | (f) | the care assistance or services which shall be provided as a minimum to |
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| | all potential and formally identified victims of modern slavery; |
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| |
| |
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| | (g) | the provision of an internal review and appeal of a decision under |
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| | paragraphs (2)(a) or (c).” |
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| To move the following Clause— |
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| | “Enabling provision to enable the Gangmasters Licensing Authority to tackle |
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| | |
| | (1) | The Secretary of State shall undertake a review of the Gangmasters Licensing |
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| | Authority’s remit with regard to section 2 of the Act and the necessity and |
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| | evidence for an extension of work covered by the Gangmasters (Licensing) Act |
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| | 2004, and lay a report in both Houses of Parliament within one year of this Bill |
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| | |
| | (2) | The Secretary of State may by order amend section 3 of the Gangmasters |
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| | (Licensing) Act 2004 to include other areas of work where the Secretary of State |
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| | believes abuse and exploitation of workers or modern slavery or trafficking may |
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| | |
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| | |
| To move the following Clause— |
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| | “Protection from slavery for overseas domestic workers |
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| | (1) | All overseas and domestic workers including those working for staff of |
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| | diplomatic missions shall be entitled to— |
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| | (a) | change their employer (but not work sector) while in the United |
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| | |
| | (b) | renew their domestic worker or diplomatic domestic worker visa for a |
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| | period not exceeding six months as long as they remain in employment |
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| | and are able to support themselves adequately without recourse to public |
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| | |
| | (c) | a three month temporary visa permitting them to live in the United |
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| | Kingdom for the purposes of seeking alternative employment as an |
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| | overseas domestic worker where there is evidence that the worker has |
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| | been a victim of modern slavery.” |
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| |
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| To move the following Clause— |
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| | “Quoted company’s duty to prepare strategic report: impact of supply chains on |
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| | |
| | (2) | That section 414C, Contents of strategic report, of the Companies Act 2006 be |
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| | |
| | (3) | In subsection (7), paragraph (b)(iii), insert “, including the impact of the |
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| | company’s supply chain of goods and services on them.” |
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| | Member’s explanatory statement
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| | This New Clause imposes on quoted companies a requirement to report on the impact of their |
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| | supply chains on social, community and human rights issues in their annual strategic reports. |
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| | |
| To move the following Clause— |
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| | “Independent legal guardian for trafficked children |
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| | (1) | An independent legal guardian shall be appointed to represent the best interests |
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| | of each child who is a separated chidl and/or may be a trafficked, enslaved or |
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| | exploited person pursuant to this Bill if the person who has parental responsibility |
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| | for the child fulfils any of the conditions set out in section 17(4). |
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| | (2) | The Secretary of State shall establish an independent body to be known as “the |
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| | Child Guardianship Service” which shall— |
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| | (a) | by order set out the arrangements for the recruitment, vetting and |
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| | appointment of a suitably qualified independent child guardian with the |
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| | requisite professional qualifications immediately after a child is |
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| | identified as a separated child and/or a potential victim of trafficking, |
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| | enslaving or exploitation; |
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| | (b) | by order set out requirements for the training courses to be completed |
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| | before a person may discharge duties as an independent child guardian; |
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| | (c) | by order set out the arrangements for the supervision of persons |
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| | discharging duties as an independent child guardian; |
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| | (d) | monitor the activities of the independent child guardians and by order |
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| | provide an accessible individual complaint mechanism for all children |
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| | under the Child Guardianship Service; |
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| | (e) | by order set out the arrangements for the provision of support services for |
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| | persons discharging duties as an independent child guardian; and |
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| | (f) | by order designate organisations as a “recognised charitable |
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| | organisation” for the purpose of this section. |
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| | (3) | Under the supervision of the Child Guardianship Service, the appointed |
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| | independent legal child guardian shall be responsible at a minimum for— |
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| | (a) | ensuring that all decisions relating to the child are made in the child’s best |
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| | interests and, where reasonably practicable, are consistent with the |
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| | child’s welfare after ascertaining the child’s wishes and feelings in |
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| | relation to those decisions; |
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| |
| |
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| | (b) | advocating for the child, if a potential trafficked, enslaved or exploited |
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| | person, to receive identification as such, appropriate care, safe |
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| | accommodation, medical treatment, including psychological assistance, |
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| | education, translation and interpretation services; |
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| | (c) | assisting the child to access legal and other representation where |
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| | necessary, including, where appropriate, appointing and instructing the |
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| | solicitor representing the child on all matters relevant to the interests of |
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| | |
| | (d) | consulting, advising and informing the child victim of the child’s legal |
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| | |
| | (e) | keeping the child informed of all relevant legal and administrative |
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| | |
| | (f) | contributing to the identification of a plan to safeguard and promote the |
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| | long-term welfare of the child based on an individual assessment of that |
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| | |
| | (g) | providing a link between the child an various organisations who may |
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| | provide services to the child; |
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| | (h) | assisting in establishing contact with the child’s family, where the child |
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| | so wishes and it is in the child’s best interests; |
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| | (i) | where appropriate, liaising with an immigration officer handling the |
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| | child’s case in conjunction with the child’s legal representative; |
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| | (j) | accompanying the child to all relevant interviews, including those |
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| | relating to police, welfare, immigration and compensation; and |
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| | (k) | accompanying the child whenever the child moves to new |
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| | |
| | (4) | Section 17(1) shall apply if the person who has parental responsibility for the |
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| | |
| | (a) | is suspected of taking part in the trafficking of human beings; |
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| | (b) | has another conflict of interest with the child; |
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| | (c) | is not in contact with the child; |
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| | (d) | is a local authority; or |
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| | (e) | is in a country outside the United Kingdom. |
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| | (5) | In section 17(1), an independent child guardian may be an employee of— |
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| | (a) | an independent statutory body; or |
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| | (b) | a recognised charitable organisation. |
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| | (6) | A person discharging duties as an independent child guardian shall not discharge |
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| | any other statutory duties in relation to a child for whom they are providing |
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| | assistance under this section. |
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| | (7) | Where an independent child guardian is appointed under section 17(1), the |
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| | authority of the independent child guardian in relation to the child shall be |
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| | recognised by any relevant body. |
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| | (8) | In section 17(7), a “relevant body” means a person or organisation— |
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| | (a) | which provides services to the child; |
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| | (b) | to which a child makes an application for services; or |
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| | (c) | to which the child needs access in relation to being a potential victim of |
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| | trafficking, enslaving or exploitation.” |
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| |
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