Session 2014 - 15
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Other Bills before Parliament


 
 

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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—

 

(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),


 
 

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(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).”

 


 

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,


 
 

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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.


 
 

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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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(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.”

 


 

Sir Andrew Stunell

 

NC25

 

To move the following Clause—

 

“Quoted company’s duty to prepare strategic report: impact of supply chains on

 

human rights

 

(1)    

That section 414C, Contents of strategic report, of the Companies Act 2006 be

 

amended as follows.

 

(2)    

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.

 



 
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