House of Commons Amendments

Session 2014 - 15
Internet Publications
Other Bills before Parliament

Public Bill Committee: 11 September 2014
173

Modern Slavery Bill, continued

(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.

(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.”

Public Bill Committee: 11 September 2014
174

Modern Slavery Bill, continued

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.”

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,

Public Bill Committee: 11 September 2014
175

Modern Slavery Bill, continued

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.”

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—

Public Bill Committee: 11 September 2014
176

Modern Slavery Bill, continued

(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.”

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—

Public Bill Committee: 11 September 2014
177

Modern Slavery Bill, continued

(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),

(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).”

Public Bill Committee: 11 September 2014
178

Modern Slavery Bill, continued

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,


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.”

Public Bill Committee: 11 September 2014
179

Modern Slavery Bill, continued

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

enforced surrogacy; exploitation for unlawful adoption; and exploitation by

enforced drugs smuggling, manufacture, production or distribution.”



© Parliamentary copyright	Revised 11 September 2014