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Notices of Amendments: 28 August 2014                  

16

 

Modern Slavery Bill, continued

 
 

(5)    

If while the defendant is subject to the order the defendant—

 

(a)    

uses a name which has not been notified under the order, or

 

(b)    

changes home address,

 

    

the defendant must, in the way specified in the order, notify the person specified

 

in the order of the new name or the new home address.

 

(6)    

The notification must be given before the end of the period of 3 days beginning

 

with the day on which the defendant uses the name or changes home address.

 

(7)    

Where the order requires the defendant to notify the Director General of the

 

National Crime Agency or an immigration officer, the Director General or the

 

officer must give details of any notification to the chief officer of police for each

 

relevant police area.

 

(8)    

“Relevant police area” means—

 

(a)    

where the defendant notifies a new name, the police area where the

 

defendant lives;

 

(b)    

where the defendant notifies a change of home address, the police area

 

where the defendant lives and (if different) the police area where the

 

defendant lived before the change of home address.”

 

Member’s explanatory statement

 

This amendment confers a power on the court to impose a requirement on a defendant in respect

 

of whom one or more prohibitions have been imposed under a slavery and trafficking prevention

 

order to notify information in relation to name and address in the way specified in the order.

 

Karen Bradley

 

NC2

 

To move the following Clause—

 

“Slavery and trafficking risk orders: requirement to provide name and address

 

(1)    

A slavery and trafficking risk order may (as well as imposing prohibitions on the

 

defendant) require the defendant to comply with subsections (3) to (6).

 

(2)    

It may do so only if the court is satisfied that the requirement is necessary for the

 

purpose of protecting persons generally, or particular persons, from the physical

 

or psychological harm which would be likely to occur if the defendant committed

 

a slavery or human trafficking offence.

 

(3)    

Before the end of the period of 3 days beginning with the day on which a slavery

 

and trafficking risk order requiring the defendant to comply with subsections (3)

 

to (6) is first served the defendant must, in the way specified in the order, notify

 

the person specified in the order of the relevant matters.

 

(4)    

The relevant matters are—

 

(a)    

the defendant’s name and, where the defendant uses one or more other

 

names, each of those names, and

 

(b)    

the defendant’s home address.

 

(5)    

If while the defendant is subject to the order the defendant—

 

(a)    

uses a name which has not been notified under the order, or

 

(b)    

changes home address,

 

    

the defendant must, in the way specified in the order, notify the person specified

 

in the order of the new name or the new home address.

 

(6)    

The notification must be given before the end of the period of 3 days beginning

 

with the day on which the defendant uses the name or changes home address.

 

(7)    

Where the order requires the defendant to notify the Director General of the

 

National Crime Agency or an immigration officer, the Director General or the

 

officer must give details of any notification to the chief officer of police for each

 

relevant police area.

 
 

Notices of Amendments: 28 August 2014                  

17

 

Modern Slavery Bill, continued

 
 

(8)    

“Relevant police area” means—

 

(a)    

where the defendant notifies a new name, the police area where the

 

defendant lives;

 

(b)    

where the defendant notifies a change of home address, the police area

 

where the defendant lives and (if different) the police area where the

 

defendant lived before the change of home address.”

 

Member’s explanatory statement

 

This amendment confers a power on the court to impose a requirement on a defendant in respect

 

of whom one or more prohibitions have been imposed under a slavery and trafficking risk order to

 

notify information in relation to name and address in the way specified in the order.

 

Mr David Hanson

 

Diana Johnson

 

Phil Wilson

 

27

 

Clause  13,  page  11,  line  3,  at end insert—

 

“(c)    

the Secretary of State must submit a report annually to Parliament on the

 

use of sections 11, 12 and 13 of this Act in the previous 12 months.”

 

Mr David Hanson

 

Diana Johnson

 

Phil Wilson

 

28

 

Clause  12,  page  9,  line  44,  at end add—

 

“(6A)    

The Secretary of State shall set out by published memorandum how the authority

 

under section 13(3) is to be exercised.”

 

Mr David Burrowes

 

29

 

Clause  1,  page  1,  line  12,  at end insert—

 

“(1A)    

For the purposes of this Act—

 

(a)    

it is irrelevant whether a person consents to being held in slavery or

 

servitude.

 

(b)    

a person may be in a condition of slavery, servitude or forced or

 

compulsory labour whether or not—

 

(i)    

escape from the condition is practically possible; or

 

(ii)    

the person has attempted to escape from the condition.”

 

Member’s explanatory statement

 

The amendment establishes that consent is irrelevant in cases of slavery and servitude and clarifies

 

that a person may still be in slavery, servitude or forced or compulsory labour even where physical

 

escape is practically possible, recognising that people can be held in slavery by psychological

 

means as well as physical restraint.

 

Mr David Burrowes

 

30

 

Clause  1,  page  1,  line  13,  leave out subsection (2).

 

Member’s explanatory statement

 

This amendment is consequential on the insertion of New Clause 3 (Meaning of slavery, servitude

 

and forced or compulsory labour).

 

Mr David Burrowes

 

NC3

 

To move the following Clause—

 
 

Notices of Amendments: 28 August 2014                  

18

 

Modern Slavery Bill, continued

 
 

“Meaning of slavery, servitude and forced or compulsory labour

 

(1)    

This section has effect for section 1.

 

(2)    

Forced or compulsory labout 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.

 

Mr David Burrowes

 

31

 

Clause  3,  page  3,  line  19,  leave out from “having” to the end of line 20 and insert—

 

“where”—

 

Member’s explanatory statement

 

The amendment removes the burden on the prosecution to demonstrate that an offender chose the

 

victim because of his or her particular vulnerability.

 

Mr David Burrowes

 

32

 

Clause  3,  page  3,  line  21,  leave out “young” and insert “a child”

 

Member’s explanatory statement

 

The amendment removes the burden on the prosecution to demonstrate that an offender chose the

 

victim because of his or her particular vulnerability and clarifies that this section applies to

 

children under the age of 18.

 

Mr David Burrowes

 

33

 

Clause  3,  page  3,  line  23,  leave out “a person” and insert “an adult”

 

Member’s explanatory statement

 

The amendment is consequential on inserting a specific reference to a child in this subsection.

 

Mr David Burrowes

 

34

 

Clause  3,  page  3,  line  23,  leave out “youth”

 
 

Notices of Amendments: 28 August 2014                  

19

 

Modern Slavery Bill, continued

 
 

Member’s explanatory statement

 

The amendment is consequential on inserting a specific reference to a child in this subsection.

 

Mr David Burrowes

 

35

 

Clause  3,  page  3,  line  24,  at end insert—

 

“(7)    

In this section—

 

“child” means any person below 18 years of age;

 

“services” or “benefits of any kind” can include forced begging or criminal

 

activities.”

 

Member’s explanatory statement

 

The amendment clarifies the definition of a child and some of the types of behaviour which can be

 

included under the clause.

 

Mr David Burrowes

 

36

 

Clause  1,  page  1,  line  14,  after “labour”, insert “or other forms of exploitation”

 

Mr David Burrowes

 

37

 

Clause  1,  page  1,  line  15,  at end insert “and/or any of the types of exploitation listed

 

in section 3 of this Act.”

 

Mr David Burrowes

 

38

 

Clause  1,  page  1,  line  17,  after “labour”, insert “or other forms of exploitation”

 

Mr David Burrowes

 

39

 

Clause  1,  page  1,  line  17,  leave out “may” and insert “shall”

 

Mr David Burrowes

 

40

 

Clause  1,  page  1,  line  20,  leave out “(such as their age”) to the end of line 20 and

 

insert “this shall include, but not be limited to; age, family relationships, disability,

 

position of dependency, language skills, and any mental or physical illness)”

 

Mr David Burrowes

 

41

 

Clause  2,  page  2,  line  26,  at end insert—

 

“(8)    

A person commits an offence if he is the Director, Employer, Employee,

 

Occupier and/or concerned in the management of any premises or business and

 

he knowingly permits or suffers any of the activities detailed in sections (1) and

 

(2) to take place on those premises.”

 

Mr David Burrowes

 

42

 

Clause  41,  page  28,  line  2,  leave out “may” and insert “must”

 

Fiona Mactaggart

 

43

 

Page  1,  line  4,  leave out Clause 1.

 
 

Notices of Amendments: 28 August 2014                  

20

 

Modern Slavery Bill, continued

 
 

Fiona Mactaggart

 

Diana Johnson

 

Mr David Hanson

 

Phil Wilson

 

44

 

Page  2,  line  1,  leave out Clause 2.

 

Fiona Mactaggart

 

Diana Johnson

 

Mr David Hanson

 

Phil Wilson

 

45

 

Page  2,  line  27,  leave out Clause 3.

 

Fiona Mactaggart

 

46

 

Page  3,  line  25,  leave out Clause 4.

 

Fiona Mactaggart

 

47

 

Page  3,  line  31,  leave out Clause 5.

 

Fiona Mactaggart

 

48

 

Page  4,  line  7,  leave out Clause 6.

 

Fiona Mactaggart

 

NC4

 

To move the following Clause—

 

“Slavery of children and adults

 

(9)    

It is an offence to hold a person in, or subject a person to, slavery.

 

(10)    

For the purposes of this Act “slavery” means the control by a person 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.

 

(11)    

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.”

 

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—

 
 

Notices of Amendments: 28 August 2014                  

21

 

Modern Slavery Bill, continued

 
 

(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, 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.”

 
 

Notices of Amendments: 28 August 2014                  

22

 

Modern Slavery Bill, continued

 
 

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—

 

(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.

 
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Revised 29 August 2014