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| Thursday 11 September 2014 |
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| New Amendments handed in are marked thus  |
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| Amendments which will comply with the required notice period at their next appearance
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| | The Amendments have been arranged in accordance with the Order of the |
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| | Committee [21 July 2014]. |
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| Clause 35, page 25, line 1, at end insert— |
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| | “(c) | the support offered to victims, including but not limited to, the operations |
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| | of any Government agency and support offered in accordance with |
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| | section 41 and section 42, |
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| | (d) | any other area which the Commissioner feels is relevant to identifying |
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| | and preventing human trafficking in the UK or elsewhere.” |
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| Clause 35, page 25, line 1, at end insert— |
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| | “(c) | the promotion and protection of the rights of victims of human trafficking |
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| | (1A) | The Commissioner must monitor the implementation in the UK of the Trafficking |
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| | Convention, Anti-Trafficking Directive and other international obligations.” |
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| | Member’s explanatory statement
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| | The amendment extends the functions of the Commissioner beyond law enforcement and |
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| | identification of victims and gives the Commissioner responsibility for monitoring the |
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| | implementation of international obligations on modern slavery. |
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| Clause 35, page 25, line 4, leave out “permitted matter” and insert “matter |
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| pertinent to the prevention of human trafficking and forced labour in the UK or |
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| Clause 35, page 25, line 9, at end insert— |
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| | “( ) | Undertaking investigations and studies to monitor and identify trends in human |
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| | ( ) | Requesting inspections to be carried out by statutory inspectors;” |
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| | Member’s explanatory statement
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| | The amendment extends the permitted activities of the Commissioner in carrying out the general |
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| Clause 35, page 25, line 12, at end insert “, including relevant civil society |
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| | Member’s explanatory statement
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| | The amendment adds thats the Commissioner may work with relevant civil society organisations. |
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| Clause 35, page 25, line 13, leave out subsection (3) and insert— |
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| | “(3) | Apart from under subsection (5), the Secretary of State must not take steps or |
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| | impose measures that may impair, or may appear to impair the Commissioner’s |
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| | independence and shall ensure that the Commissioner is, to the extent the |
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| | Commissioner is able, to determine, without limitation (other than as prescribed |
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| | (a) | the Commissioner’s activities; |
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| | (b) | the Commissioner’s timetables; |
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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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| Page 24, line 38, leave out Clause 35. |
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| Clause 36, page 25, line 29, at end insert— |
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| | “(1A) | When preparing the strategic plan the Commissioner must give consideration to |
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| | any proposal submitted to the Commissioner from any Parliamentary Select |
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| | Committee. If the Commissioner does not accept the Committee’s proposal the |
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| | Commissioner must write to the relevant Committee explain the decision.” |
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| Clause 36, page 26, line 4, leave out “Secretary of State” and insert “Parliament”. |
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| Clause 36, page 26, line 12, at end insert— |
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| | “(8) | An annual report can also include observations and recommendations as to the |
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| | adequacty, efficacy and co-ordination of measures, policies and perfomance of |
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| | relevant services including public authorities as specified in Clause 37 section 5 |
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| | or under relevant devolved powers.” |
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| Clause 36, page 26, line 13, leave out subsection (9). |
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| Clause 36, page 26, line 18, leave out “Secretary of State may” and insert |
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| “Commissioner must consult with the Secretary of State and” |
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| Clause 37, page 26, line 38, at end insert— |
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| | “(6) | Specified public authority can also include a public authority which has been |
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| | specified under relevant procedures of devolved institutions.” |
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| Clause 39, page 27, line 9, after “act”, insert “or the person is a child” |
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| Clause 39, page 27, line 10, after “compulsion”, insert “or, in the case of a child, |
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| Clause 39, page 27, line 11, leave out paragraph (c) |
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| Clause 39, page 27, line 13, at end insert— |
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| | “(9) | Once the defence set out in subsection (1) is raised by the accused or on his or her |
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| | behalf, or the court of its own volition or on hearing submissions from any party |
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| | decides that such a defence should be considered by the court, the burden of |
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| | proving that the offence was not committed as a direct and immediate response |
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| | of him or her being a victim as set out in subsection (1) shall lie upon the |
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| Clause 39, page 27, line 14, leave out from “characteristics” to end of line 15 and |
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| insert “shall include, but not be limited to, age, family relationships, disability, position |
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| of dependency, language skills, ethnicity, national origin, religious background, and any |
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| mental or physical illness.” |
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| Clause 39, page 27, line 18, after “compulsion”, insert “or in the case of a child, the |
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| Clause 39, page 27, line 27, leave out subsection (7). |
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| Clause 39, page 27, line 28, at end insert— |
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| | “(9) | The Anti-Slavery Commissioner shall in their annual report produced under |
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| | section 36, include a review of the offences listed in Schedule 3.” |
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| Schedule 3, page 38, line 15, leave out paragraph 14. |
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| Schedule 3, page 38, line 30, leave out paragraphs 16 and 17. |
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| Clause 41, page 28, line 2, leave out “may” and insert “must” |
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| Clause 41, page 28, line 2, after “arrangements”, insert “to set up an independent |
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| body known as the child trafficking advocacy service” |
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| Clause 41, page 28, line 3, after “advocates”, insert “and separated children |
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| Clause 41, page 28, line 4, after “trafficking”, insert “and all separated children” |
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| Clause 41, page 28, line 4, at end insert “or slavery if the person who has parental |
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| responsibility for the child fulfils any of the conditions in subsection (1D). |
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| | (1A) | The child trafficking advocate will act in the best interest of the child and be |
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| | appointed as soon as any public authority or relevant body has a reasonable |
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| | suspicion to believe the child is such a victim. |
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| | (1B) | The child trafficking advocate will have powers to appoint and instruct legal |
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| | representatives on behalf of the child in all matters relevant to the interest of the |
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| | (1C) | The child trafficking advocate shall at a minimum have responsibilities to— |
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| | (a) | advocate that all decisions relating to the child are made in the child’s |
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| | (b) | ascertain the child’s wishes and feelings in relation to those decisions; |
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| | (c) | advocate for the child to receive appropriate care, safe accommodation, |
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| | medical treatment, including psychological assistance, education, |
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| | translation and interpretation services are required; |
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| | (d) | assist the child to access legal and other representation where necessary; |
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| | (e) | consult with, advise and keep the child informed of legal rights; |
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| | (f) | keep the child informed of all relevant immigration, criminal, |
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| | compensation, community care, public law or other proceedings; |
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| | (g) | contribute to identification of a plan to safeguard and promote a durable |
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| | solution for the child based on an individual assessment of that child’s |
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| | (h) | provide a link between the child and various statutory and other bodies |
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| | who may provide services to the child, accompanying the child to any |
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| | (i) | assist in establishing contact with the child’s family, where the child so |
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| | wishes and it is in the child’s best interest; |
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| | (j) | liaise with all professionals handling the child’s case including |
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| | immigration, police, social welfare, health, education and support |
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| | (k) | accompany the child wherever it is deemed appropriate to do so. |
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| | (1D) | Subsection (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) | cannot be identified; |
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| | (e) | is in a country outside the United Kingdom; or |
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| | (f) | is a local authority. |
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| | (1E) | A child trafficking advocate must have completed the training required in |
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| | subsection (10) and may be— |
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| | (a) | an employee of a statutory body except for an employee of a local |
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| | (b) | an employee of a recognised charitable organisation; or |
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| | (c) | a volunteer for a recognised charitable organisation. |
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| | (1F) | A person discharging duties as a child trafficking advocate 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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| | (1G) | The child trafficking advocate may request a public authority or relevant body to |
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| | co-operate with them in any way that the advocate considers necessary and that |
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| | is in the best interest of the child. A public authority or relevant body must so far |
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| | as reasonably practicable comply with a request made to it under this section. |
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| | (1H) | In subsection (1G) a “relevant body” means a person or organisation— |
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| | (a) | which provides services to the child; or |
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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 victim of human |
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| | (d) | any court or tribunal that a child engages with. |
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| | (1I) | The Secretary of State shall by order— |
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| | (a) | set out the arrangements for the appointment of a child trafficking |
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| | advocate immediately after a child is identified as a potential victim of |
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| | trafficking in human beings; |
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| | (b) | set out requirements for the training courses to be completed before a |
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| | person may exercise functions as a child trafficking advocate; |
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| | (c) | set out the arrangements for the supervision of persons discharging duties |
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| | as a child trafficking advocate; |
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| | (d) | set out the arrangements for the provision of support services for persons |
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| | discharging duties as a child trafficking advocate; and |
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| | (e) | designate organisations as a “recognised charitable organisation” for the |
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| | (1J) | A person’s appointment as a child trafficking advocate for a particular child under |
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| | this section shall come to an end if— |
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| | (a) | the child reaches the age of 21; or |
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| | (b) | a durable solution for the child has been found based on an individual |
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| | assessment of the best interests of the child.” |
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| | Member’s explanatory statement
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| | The amendment provides for child trafficking advocates to be appointed for children who are |
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| | believed to be victims of human trafficking and slavery so that their best interests are represented. |
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| | The amendment sets out the minimum responsibilities of the advocates ensuring the advocates will |
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| | have a strong and recognised statutory authority. The amendment includes the power for |
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| | advocates to appoint and instruct the child’s legal representatives where appropriate. |
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| Clause 41, page 28, line 5, leave out subsections (2), (3), (4) and (5). |
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| | Member’s explanatory statement
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| | The amendment is consequential on amendment 99. |
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| Clause 41, page 28, line 7, leave out “any person who” and insert “any organisation |
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| Clause 41, page 28, line 8, at end add “and who must act in the child’s best |
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| | Member’s explanatory statement
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| | The amendment makes clear that the fundamental duty of any child’s advocate is to act in the |
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| | child’s best interests, including where a child is not able to identify or ariticulate their own best |
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| | interest (for example, as a result of being groomed and/or exploited). |
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| Clause 41, page 28, line 8, at end insert— |
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| | “(2A) | A child trafficking advocate may be an employee of— |
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| | (a) | an independent statutory body; or |
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| | (b) | a recognised charitable organisastion.” |
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| Clause 41, page 28, line 11, after “advocates”, insert “and separated children |
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