House of Commons Amendments

Session 2014 - 15
Internet Publications
Other Bills before Parliament

Public Bill Committee: 9 September 2014
148

Modern Slavery Bill, continued

Diana Johnson

Mr David Hanson

Phil Wilson

NC27

To move the following Clause—

“General duty to identify, assist, support and promote the welfare of victims

(1)
Public authorities have a general duty—

(a)
to take all reasonable steps to identify persons who are, may be, or may

have been, trafficked, enslaved or exploited persons;

(b)
to take all reasonable steps to provide assistance and support (including

to refer persons to other agencies for assistance and support) on a

consensual and informed basis, and to promote the welfare of persons

who are, may be, or may have been, trafficked, enslaved or exploited

persons, including, as a minimum the provision of—

(i)
standards of living capable of ensuring their subsistence, through

such measures as the provision of appropriate and secure

accommodation, psychological and material assistance;

(ii)
access to necessary medical treatment;

(iii)
translation and interpretation services;

(iv)
counselling and information, in particular regarding their legal

rights and the services available to them, in a language that they

can understand;

(v)
assistance to enable their rights and interests to be presented and

considered at appropriate stages of criminal proceedings against

offenders; and

(vi)
access to education for children;

(c)
to make arrangements for ensuring that any services provided by another

person for the purpose of discharging the public authority’s function are

provided in accordance with the general duty in section 16(1) above; and

(d)
to have due regard to the fact that an individual is, or may have been a

trafficked, enslaved or exploited person when making decisions affecting

that individual.”

Diana Johnson

Mr David Hanson

Phil Wilson

NC28

To move the following Clause—

“Establishment and function of the National Referral Mechanism (“NRM”)

(1)
The Secretary of State must establish an NRM to—

(a)
identify trafficked, enslaved or exploited persons within the United

Kingdom;

(b)
provide assistance and support to a person who may have been trafficked,

enslaved or exploited from the time at which that person is first referred

into the NRM until such time as a final and conclusive determination is

made that they are not such a person; and

Public Bill Committee: 9 September 2014
149

Modern Slavery Bill, continued

(c)
ensure that the rights of such persons are protected and promoted in a

manner which discharges the Government’s obligations under the

Trafficking Convention and the Trafficking Directive regarding the

identification and protection of victims, including measures for

assistance and support including, at a minimum, the measures referred to

in section 16(1).

(2)
The Secretary of State must, in regulations, specify the procedures to be followed

to implement the NRM and the procedures to be applied by the NRM including

to give effect to the right to a renewable residence permit provided for in sections

16(11) and (12) below.

(3)
The regulations must provide for a right of appeal by an individual in respect of

a decision in the NRM process that they are not a trafficked, enslaved or exploited

person.

(4)
A person (including a child) must give their free and informed consent to being

referred into the NRM before a referral is made on their behalf.

Additional protections - renewable residence permits

(5)
A person who is determined in the NRM process to be a trafficked, enslaved or

exploited person shall be entitled to a one year renewable residence permit

permitting them to remain in the United Kingdom where one or other, or both, of

the following situations apply—

(a)
a competent authority in the NRM considers that their stay is necessary

owing to their personal situation; or

(b)
a competent authority in the NRM considers that their stay is necessary

for the purpose of the person’s co-operation with the authorities in

connection with their investigations or criminal proceedings.

(6)
A residence permit for child victims shall be issued where it is in accordance with

the best interests of the child and, where appropriate, renewed under the same

conditions.

Duties in relation to children

(7)
The protection, assistance and support provided to trafficked, enslaved or

exploited children (including those to whom the presumption of age applies) in

accordance with the provisions in this Bill shall be at least equivalent to the

protection, assistance and support provided to adults, save that where other

legislation provides for greater protection for children that legislation shall, to the

extent of any inconsistency with this Bill, prevail.”

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;

Public Bill Committee: 9 September 2014
150

Modern Slavery Bill, continued

(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—

(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

Public Bill Committee: 9 September 2014
151

Modern Slavery Bill, continued

(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.

Diana Johnson

Mr David Hanson

Phil Wilson

NC30


To move the following Clause—

“Prosecutions of victims of human trafficking

(1)
The Director of Public Prosecutions shall issue guidance as to the charging of

known or suspected victims of human trafficking.

(2)
Before issuing guidance under subsection (1) the Director of Public Prosecutions

must consult with the Anti-Slavery Commissioner.

(3)
New guidance provided under subsection (1), must be published within 12

months of the appointment of the Anti-Slavery Commissioner.

(4)
A prosecution of a trafficked, enslaved or exploited person must be reviewed by

the Director of Public Prosecutions before going to trial.

(5)
For the purpose of this section, a person (A) is taken to be trafficked, enslaved or

exploited if—

(a)
a decision has been made under the National Referral Mechanism that A

is a trafficked, enslaved or exploited person; or

(b)
no such decision has been made under the National Referral Mechanism

but the court determines, based on the evidence before it, that A is a

trafficked, enslaved or exploited person; or

(c)
a decision was made under the National Referral Mechanism that A is not

a trafficked, enslaved or exploited person, but the court is satisfied that

the evidence is adduced by the defence establishes that A was a

trafficked, enslaved or exploited person.”

Public Bill Committee: 9 September 2014
152

Modern Slavery Bill, continued

Diana Johnson

Mr David Hanson

Phil Wilson

NC31


To move the following Clause—

“Duty on large UK companies to report on efforts to eradicate modern slavery and

forced labour

(1)
Section 414C(7)(iii) of The Companies Act 2006 is amended as follows.

  Before “social”, insert “modern slavery and forced labour”.

(2)
After section 414C(7) insert—

“(7A)
In relation to the information about modern slavery in subsection (7)(iii)

the Secretary of State must by order specify the information that must be

included in the strategic report and any other necessary requirements.

The order must include requirements—

(a)
that the modern slavery information in the strategic report be

published online; and

(b)
that the information included in the strategic report must include

an explanation of measures taken by the quoted company to—

(i)
verify and evaluate its supply chains to address the risks

of modern slavery;

(ii)
audit its suppliers;

(iii)
certify goods and services purchased from suppliers;

(iv)
maintain accountability for modern slavery issues

within the company; and

(v)
train staff.”

Michael Connarty

NC32


To move the following Clause—

“Disclosure by companies of measures to eradicate modern slavery, human

trafficking, forced labour and the worst forms of child labour from their

supply chains

(1)
A company operating in the United Kingdom and having annual worldwide gross

receipts exceeding £60,000,000 shall disclose its efforts to eradicate modern

slavery, human trafficking, forced labour and the worst forms of child labour

from its direct supply chains for tangible goods and services offered for sale.

(2)
In (1) above, the “the worst forms of child labour” are those set out in Article 3

of the International Labour Organisation’s Convention No. 182.

(3)
The disclosure in (1) above shall—

(a)
be set out in that company’s annual report,

(b)
be posted prominently on that company’s internet website, and

(c)
disclose to what extent, if any, the company carries out each of the

following—

(i)
engages in verification of product supply chains to evaluate and

address risks of modern slavery, human trafficking, forced

labour and the worst forms of child labour;

Public Bill Committee: 9 September 2014
153

Modern Slavery Bill, continued

(ii)
conducts unannounced and verified audits and inspections of

suppliers to evaluate supplier compliance with company

standards for modern slavery, human trafficking, forced labour

and the worst forms of child labour in supply chains;

(iii)
requires direct suppliers to certify that materials incorporated

into the product comply with the laws regarding modern slavery,

human trafficking, forced labour and the worst forms of child

labour of the country or countries in which they are doing

business;

(iv)
maintains internal accountability standards, supply chain

management and procurement systems, and procedures for

employees or contractors failing to meet company’s standards

regarding modern slavery, human trafficking, forced labour and

the worst forms of child labour;

(v)
provides company employees and management who have direct

responsibility for supply chain management with training on

slavery, human trafficking, forced labour and the worst forms of

child labour with particular respect to mitigating risks within the

supply chains of products; and

(vi)
ensures that recruitment practices at all suppliers comply with

the company’s standards for eliminating exploitative labour

practices that contribute to modern slavery, human trafficking,

forced labour and the worst forms of child labour, and

(d)
specify whether the verifications, audits and inspections in (c) above

were carried out by a person independent on the company.”

Mark Durkan

NC33


To move the following Clause—

“Ban on importation of products produced by slavery or forced labour

(1)
The Secretary of State shall have the power to ban the import at any point of entry

to the United Kingdom of any good, ware, article, or product mined, produced or

manufactured wholly or in part in any other country which has been found to have

been produced by slavery, convict labour or/and forced labour or/and indentured

labour, including child labour.

(2)
The Secretary of State shall—

(a)
prescribe such regulations as may be necessary for the enforcement of

this provision by the relevant public authority and to investigate other

products and supply chains related to the company or companies

producing or importing a product banned under subsection (1),

(b)
co-ordinate with the Treasury to issue guidance to HM Revenue and

Customs, devolved authorities and any other relevant public authority in

relation to the exercise by them of their powers and responsibilities under

this Clause,

(c)
have a duty to publish and maintain information on prohibited products

including a publically available list of products banned under subsection

(1), or

(d)
manufactured in the circumstances described in subsection (1).

(3)
The Secretary of State shall by regulations establish a process whereby a petition

can be made by any person, public authority or organisation who has reason to

Public Bill Committee: 9 September 2014
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Modern Slavery Bill, continued

believe that goods produced or sourced in the circumstances in subsection (1) are

being or are likely to be imported into the UK to communicate these concerns to

the relevant authority.

(4)
A communication under subsection (3) shall contain—

(a)
a full statement of reasons for the claim,

(b)
a detailed description or example of the product, and

(c)
all relevant information regarding the production of the good.”

Member’s explanatory statement

This would allow for the banning of the import of any product produced by slavery, convict, forced

or indentured labour, including child labour.

Mark Durkan

NC34


To move the following Clause—

“Legal liability for the beneficiaries of slavery

(1)
The Secretary of State shall within six months of this Act coming into force bring

forward regulations to ensure that a person benefiting from an offence under

section 1 or 2 of this Act committed by a third party shall have committed an

offence where—

(a)
the third party acted for that person’s benefit,

(b)
their lack of supervision or control made possible the committing of the

offence by the third party.

(2)
Regulations under subsection (1) shall not be made unless a draft has been laid

before and approved by both Houses of Parliament.”

Member’s explanatory statement

This new clause requires the Secretary of State to bring forward measures along the lines set out

in EU Directive 2011/36/EU on preventing trafficking in human beings.

Order of the House [8 July 2014]

That the following provisions shall apply to the the Modern Slavery Bill:—

Commital

1.
The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.
Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Tuesday 14 October 2014.

3.
The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Consideration and Third Reading

4.
Proceedings on Consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the

day on which those proceedings are commenced.

5.
Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption of that day.



© Parliamentary copyright	Revised 9 September 2014