House of Commons Public Bill Committee Proceedings

Session 2014 - 15
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Other Bills before Parliament

25

House of Commons

Tuesday 14 October 2014

Public Bill Committee Proceedings

Modern Slavery Bill

[Tenth and Eleventh Sittings]

Clause 40 Agreed to.

Mr David Burrowes

Sarah Teather

Fiona Bruce

Withdrawn  42

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

Mark Durkan

Sarah Teather

Not called  63

Clause  41,  page  28,  line  2,  after “arrangements”, insert “to set up an independent

body known as the child trafficking advocacy service”

Sarah Teather

Not called  91

Clause  41,  page  28,  line  3,  after “advocates”, insert “and separated children

advocates”

Sarah Teather

Not called  92

Clause  41,  page  28,  line  4,  after “trafficking”, insert “and all separated children”

Mr David Burrowes

Fiona Bruce

Not called  99

Clause  41,  page  28,  line  4,  at end insert “or slavery if the person who has parental

responsibility for the child fulfils any of the conditions in subsection (1D).

(1A)
The child trafficking advocate will act in the best interest of the child and be

appointed as soon as any public authority or relevant body has a reasonable

suspicion to believe the child is such a victim.

:
26

, continued

(1B)
The child trafficking advocate will have powers to appoint and instruct legal

representatives on behalf of the child in all matters relevant to the interest of the

child.

(1C)
The child trafficking advocate shall at a minimum have responsibilities to—

(a)
advocate that all decisions relating to the child are made in the child’s

best interest;

(b)
ascertain the child’s wishes and feelings in relation to those decisions;

(c)
advocate for the child to receive appropriate care, safe accommodation,

medical treatment, including psychological assistance, education,

translation and interpretation services are required;

(d)
assist the child to access legal and other representation where necessary;

(e)
consult with, advise and keep the child informed of legal rights;

(f)
keep the child informed of all relevant immigration, criminal,

compensation, community care, public law or other proceedings;

(g)
contribute to identification of a plan to safeguard and promote a durable

solution for the child based on an individual assessment of that child’s

best interests;

(h)
provide a link between the child and various statutory and other bodies

who may provide services to the child, accompanying the child to any

relevant meetings;

(i)
assist in establishing contact with the child’s family, where the child so

wishes and it is in the child’s best interest;

(j)
liaise with all professionals handling the child’s case including

immigration, police, social welfare, health, education and support

services; and

(k)
accompany the child wherever it is deemed appropriate to do so.

(1D)
Subsection (1) shall apply if the person who has parental responsibility for the

child—

(a)
is suspected of taking part in the trafficking of human beings;

(b)
has another conflict of interest with the child;

(c)
is not in contact with the child;

(d)
cannot be identified;

(e)
is in a country outside the United Kingdom; or

(f)
is a local authority.

(1E)
A child trafficking advocate must have completed the training required in

subsection (10) and may be—

(a)
an employee of a statutory body except for an employee of a local

authority;

(b)
an employee of a recognised charitable organisation; or

(c)
a volunteer for a recognised charitable organisation.

(1F)
A person discharging duties as a child trafficking advocate shall not discharge

any other statutory duties in relation to a child for whom they are providing

assistance under this section.

(1G)
The child trafficking advocate may request a public authority or relevant body to

co-operate with them in any way that the advocate considers necessary and that

is in the best interest of the child. A public authority or relevant body must so far

as reasonably practicable comply with a request made to it under this section.

(1H)
In subsection (1G) a “relevant body” means a person or organisation—

(a)
which provides services to the child; or

(b)
to which a child makes an application for services; or

:
27

, continued

(c)
to which the child needs access in relation to being a victim of human

trafficking; or

(d)
any court or tribunal that a child engages with.

(1I)
The Secretary of State shall by order—

(a)
set out the arrangements for the appointment of a child trafficking

advocate immediately after a child is identified as a potential victim of

trafficking in human beings;

(b)
set out requirements for the training courses to be completed before a

person may exercise functions as a child trafficking advocate;

(c)
set out the arrangements for the supervision of persons discharging duties

as a child trafficking advocate;

(d)
set out the arrangements for the provision of support services for persons

discharging duties as a child trafficking advocate; and

(e)
designate organisations as a “recognised charitable organisation” for the

purpose of this section.

(1J)
A person’s appointment as a child trafficking advocate for a particular child under

this section shall come to an end if—

(a)
the child reaches the age of 21; or

(b)
a durable solution for the child has been found based on an individual

assessment of the best interests of the child.”

Mr David Burrowes

Fiona Bruce

Not called  100

Clause  41,  page  28,  line  5,  leave out subsections (2), (3), (4) and (5).

Mark Durkan

Sarah Teather

Not called  60

Clause  41,  page  28,  line  7,  leave out “any person who” and insert “any organisation

that”

Fiona Mactaggart

Michael Connarty

Sarah Teather

Sarah Champion

Mike Keane

Sir Andrew Stunell

Not called  98

Clause  41,  page  28,  line  8,  at end add “and who must act in the child’s best

interests.”

Mark Durkan

Sarah Teather

Not called  61

Clause  41,  page  28,  line  8,  at end insert—

“(2A)
A child trafficking advocate may be an employee of—

(a)
an independent statutory body; or

(b)
a recognised charitable organisastion.”

:
28

, continued

Sarah Teather

Not called  93

Clause  41,  page  28,  line  11,  after “advocates”, insert “and separated children

advocates”

Sarah Teather

Not called  94

Clause  41,  page  28,  line  14,  after “advocate”, insert “or separated children

advocate”

Sarah Teather

Not called  95

Clause  41,  page  28,  line  15,  after “advocate”, insert “or separated children

advocate”

Sarah Teather

Not called  96

Clause  41,  page  28,  line  17,  after “advocates”, insert “or separated children

advocates”

Sarah Teather

Not called  97

Clause  41,  page  28,  line  19,  after “advocates”, insert “or separated children

advocates”

Mark Durkan

Sarah Teather

Not called  59

Clause  41,  page  28,  line  19,  at end add—

‘(e)
requiring advocates to act for the child when he lacks the legal capacity

to do so and also ensure that other service providers act in his best

interests and provide him with the necessary services and support to meet

the Government’s obligations under the Council of Europe Convention

and EU Anti-Trafficking Directive.”

Mark Durkan

Sarah Teather

Not called  62

Clause  41,  page  28,  line  19,  at end insert—

“(4A)
The Secretary of State must publish guidance that defines the role, functions and

responsibilities of the child trafficking advocates.”

Mr David Hanson

Diana Johnson

Phil Wilson

Not selected  110

Page  28,  line  1,  leave out Clause 41.

Clause Agreed to.

:
29

, continued

Fiona Bruce

Mr David Burrowes

Not selected  123

Page  28,  line  23,  leave out Clause 42.

Clause Agreed to.

Sarah Champion

Diana Johnson

Withdrawn  101

Clause  43,  page  28,  line  40,  leave out “with functions under relevant

arrangements”

Sarah Champion

Diana Johnson

Not called  103

Clause  43,  page  28,  line  41,  after “trafficking”, insert “or slavery”

Sarah Champion

Diana Johnson

Not called  104

Clause  43,  page  29,  line  1,  after (2) insert “Unless and”

Sarah Champion

Diana Johnson

Not called  105

Clause  43,  page  29,  line  2,  after “determined”, insert “and no challenges to that

determination are pending”

Sarah Champion

Diana Johnson

Not called  106

Clause  43,  page  29,  line  2,  leave out from “for” to “that” in line 3.

Sarah Champion

Diana Johnson

Not called  102

Clause  43,  page  29,  line  5,  leave out subparagraph (3).

Clause Agreed to.

Clauses 44 to 46 Agreed to.

Fiona Mactaggart

Not called  65

Schedule  4,  page  43,  line  21,  at end insert—

:
30

, continued

“Street Offences Act 1959

(10)
Omit section 1.”

Karen Bradley

Agreed to  22

Schedule  4,  page  44,  line  3,  at end insert “, and

(b)
in paragraph (e) for “(da)” substitute “(db)””

Karen Bradley

Agreed to  23

Schedule  4,  page  44,  line  12,  leave out “paragraph” and insert “paragraphs

31(2)(b) and”

Karen Bradley

Agreed to  24

Schedule  4,  page  44,  line  25,  leave out from beginning to end of line 26 and

insert—

    “( )
Part 1 of Schedule 1 to the Serious Crime Act 2007 (serious offences: England

and Wales) is amended as follows.

      ( )
After paragraph 1 insert—

“Slavery etc

1A
An offence under section 1 of the Modern Slavery Act 2014

(slavery, servitude and forced or compulsory labour).”

      ( )
In paragraph 2—”

Karen Bradley

Agreed to  25

Schedule  4,  page  45,  line  2,  at end insert—

“Administration of Justice Act 1970 (c. 31)

9A  (1)
The Administration of Justice Act 1970 is amended as follows.

      (2)
In section 41(8) (enforcement of orders for compensation etc) for “or 13A”

substitute “, 13A or 13B”.

      (3)
In Part 1 of Schedule 9 (enforcement of orders for compensation etc) after

paragraph 13A insert—

“13B
Where under section 8 of the Modern Slavery Act 2014 a court

makes a slavery and trafficking reparation order.”

Criminal Justice Act 1991 (c. 53)

9B  (1)
Section 24 of the Criminal Justice Act 1991 (recovery of fines by deduction

from certain benefits) is amended as follows.

      (2)
In subsection (1), for “or unlawful profit order” substitute “, an unlawful profit

order or a slavery and trafficking reparation order”.

      (3)
In subsection (3)(b), for “or unlawful profit order” substitute “, an unlawful

profit order or a slavery and trafficking reparation order”.

      (4)
In subsection (4), after the definition of “prescribed” insert—

““slavery and trafficking reparation order” means an order under section

8 of the Modern Slavery Act 2014;”.

:
31

, continued

Social Security (Recovery of Benefits) Act 1997 (c. 27)

9C
In paragraph 2 of Schedule 1 to the Social Security (Recovery of Benefits) Act

1997 (exempted payments), for “2000 or” substitute “2000, section 8 of the

Modern Slavery Act 2014,”.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

9D
In section 133(3)(c) of the Powers of Criminal Courts (Sentencing) Act 2000

(review of compensation orders), for the words from “a confiscation order” to

the end substitute “any or all of the following made against him in the same

proceedings—

(i)
a confiscation order under Part 6 of the Criminal

Justice Act 1988 or Part 2 of the Proceeds of Crime

Act 2002;

(ii)
an unlawful profit order under section 4 of the

Prevention of Social Housing Fraud Act 2013;

(iii)
a slavery and trafficking reparation order under

section 8 of the Modern Slavery Act 2014; or”.”

Karen Bradley

Agreed to  26

Schedule  4,  page  45,  line  42,  at end insert—

“15
In Schedule 11 to the Proceeds of Crime Act 2002 (amendments), omit

paragraph 37(3).

Courts Act 2003 (c. 39)

16  (1)
Schedule 5 to the Courts Act 2003 (collection of fines and other sums imposed

on conviction) is amended as follows.

      (2)
In paragraph 2(2)—

(a)
omit the “and” at the end of the definition of “a sum required to be paid

by a compensation order”;

(b)
after the definition of “a sum required to be paid by an unlawful profit

order” insert—

““a sum required to be paid by a slavery and trafficking reparation

order” means any sum required to be paid by an order made

under section 8 of the Modern Slavery Act 2014.”

      (3)
In paragraph 7A(1) for “or an unlawful profit order” substitute “, an unlawful

profit order or a slavery and trafficking reparation order”.

      (4)
In paragraph 13(1)(aa)—

(a)
for “or a sum” substitute “, a sum”;

(b)
after “unlawful profit order” insert “or a sum required to be paid by a

slavery and trafficking reparation order”;

(c)
in sub-paragraph (i) for “or the” substitute “, the”;

(d)
in that sub-paragraph after “unlawful profit order” insert “or the

amount required to be paid by the slavery and trafficking reparation

order”.

Criminal Justice Act 2003 (c. 44)

17
In section 151(5) of the Criminal Justice Act 2003 (orders for persistent

offenders previously fined) after “2013” insert “or a slavery and trafficking

reparation order under section 8 of the Modern Slavery Act 2014”.



© Parliamentary copyright	Revised 15 October 2014