Session 2014 - 15
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Other Bills before Parliament


 
 

Consideration of Bill:                               

764

 

, continued

 
 

Secretary Theresa May

 

Clause  36,  page  26,  line  37,  after “The” insert “Independent”

 

Member’s explanatory statement

 

This amendment is consequential on amendment 35.

 

Secretary Theresa May

 

Clause  37,  page  26,  line  40,  leave out from “of” to end of line 41 and insert

 

“slavery and human trafficking offences”

 

Member’s explanatory statement

 

This amendment, together with amendment 40, adds relevant Scottish and Northern Irish offences

 

to those that the Commissioner has functions in relation to.

 

Secretary Theresa May

 

Clause  37,  page  27,  line  1,  at end insert—

 

“( )    

For the purposes of subsection (1) a slavery and human trafficking offence is an

 

offence under—

 

(a)    

section 1, 2 or 4 of this Act,

 

(b)    

section 57, 58, 58A or 59 of the Sexual Offences Act 2003 (trafficking

 

for sexual exploitation),

 

(c)    

section 22 of the Criminal Justice (Scotland) Act 2003 (asp 7) (traffic in

 

prostitution etc),

 

(d)    

section 4 of the Asylum and Immigration (Treatment of Claimants, etc.)

 

Act 2004 (trafficking for exploitation),

 

(e)    

section 71 of the Coroners and Justice Act 2009 (slavery, servitude and

 

forced or compulsory labour),

 

(f)    

section 47 of the Criminal Justice and Licensing (Scotland) Act 2010

 

(asp 13) (slavery, servitude and forced or compulsory labour).”

 

Member’s explanatory statement

 

See the explanatory statement for amendment 39.

 

Stephen Barclay

 

Sir John Randall

 

Clause  37,  page  27,  line  1,  at end insert—

 

“(c)    

the assessment of policies relating to modern slavery and compliance in

 

other international jurisdictions.”

 

Secretary Theresa May

 

Clause  37,  page  27,  line  4,  leave out “to the Secretary of State”

 

Member’s explanatory statement

 

This amendment is consequential on amendment 42.


 
 

Consideration of Bill:                               

765

 

, continued

 
 

Secretary Theresa May

 

Clause  37,  page  27,  line  4,  at end insert “to the Secretary of State, the Scottish

 

Ministers and the Department of Justice in Northern Ireland”

 

Member’s explanatory statement

 

This amendment enables the Commissioner to make reports to the Scottish Ministers and the

 

Department of Justice in Northern Ireland, as well as the Secretary of State.

 

Secretary Theresa May

 

Clause  37,  page  27,  line  6,  leave out “in England and Wales”

 

Member’s explanatory statement

 

This amendment reflects the expansion of the Commissioner’s role across the UK and enables the

 

Commissioner to make recommendations to any UK public authority (other than a court or

 

tribunal) about the exercise of its functions.

 

Stephen Barclay

 

Sir John Randall

 

Clause  37,  page  27,  line  12,  at end insert—

 

“(g)    

providing benchmarking data in respect of the UK against international

 

standards relating to modern slavery.”

 

Secretary Theresa May

 

Clause  37,  page  27,  line  14,  leave out “has authorised” and insert “, the Scottish

 

Ministers or the Department of Justice in Northern Ireland have asked”

 

Member’s explanatory statement

 

This amendment extends the definition of a ‘permitted matter’ to include a matter which the

 

Secretary of State, Scottish Ministers or the Department of Justice in Northern Ireland have asked

 

the Commissioner to report on.

 

Secretary Theresa May

 

Clause  37,  page  27,  line  18,  leave out from beginning to “publish” and insert “, the

 

Scottish Ministers or the Department of Justice in Northern Ireland wish to exercise the

 

powers conferred by subsections (5) to (7))”

 

Member’s explanatory statement

 

This amendment provides that the Commissioner must not publish a report under subsection (2)(a)

 

before establishing whether the Secretary of State, Scottish Ministers or Department of Justice in

 

Northern Ireland wish to exercise the redaction powers conferred by subsections (5) to (7)

 

(amendment 49 inserts subsections (6) and (7)).

 

Secretary Theresa May

 

Clause  37,  page  27,  line  19,  leave out “to the Secretary of State”

 

Member’s explanatory statement

 

This amendment is consequential on amendment 42.

 

Secretary Theresa May

 

Clause  37,  page  27,  line  24,  after “person” insert “in England and Wales”

 

Member’s explanatory statement

 

This amendment limits the Secretary of State’s power to direct the Commissioner to omit from any


 
 

Consideration of Bill:                               

766

 

, continued

 
 

report before publication material whose publication the Secretary of State thinks might

 

jeopardise the safety of any person, to the safety of a person in England and Wales.

 

Secretary Theresa May

 

Clause  37,  page  27,  line  25,  at end insert “under the law of England and Wales”

 

Member’s explanatory statement

 

This amendment limits the Secretary of State’s power to direct the Commissioner to omit from any

 

report before publication material whose publication the Secretary of State thinks might prejudice

 

the investigation or prosecution of an offence, to an offence under the law of England and Wales.

 

Secretary Theresa May

 

Clause  37,  page  27,  line  25,  at end insert—

 

“(6)    

The Scottish Ministers may direct the Commissioner to omit from any report

 

before publication any material whose publication the Scottish Ministers think—

 

(a)    

might jeopardise the safety of any person in Scotland, or

 

(b)    

might prejudice the investigation or prosecution of an offence under the

 

law of Scotland.

 

(7)    

The Department of Justice in Northern Ireland may direct the Commissioner to

 

omit from any report before publication any material whose publication the

 

department thinks—

 

(a)    

might jeopardise the safety of any person in Northern Ireland, or

 

(b)    

might prejudice the investigation or prosecution of an offence under the

 

law of Northern Ireland.

 

(8)    

If the Secretary of State, the Scottish Ministers or the Department of Justice in

 

Northern Ireland lay before Parliament, the Scottish Parliament or the Northern

 

Ireland Assembly a report made by the Commissioner under subsection (2)(a),

 

they must lay the report as it is published by the Commissioner under subsection

 

(4).”

 

Member’s explanatory statement

 

This amendment gives Scottish Ministers and the Department of Justice power to direct the

 

removal from reports of material they think might jeopardise the safety of any person in Scotland

 

/ Northern Ireland, or prejudice the investigation or prosecution of an offence under the law of

 

Scotland / Northern Ireland.

 

Secretary Theresa May

 

Clause  38,  page  28,  line  2,  at end insert—

 

“( )    

The Secretary of State must—

 

(a)    

before approving a strategic plan, consult the Scottish Ministers and the

 

Department of Justice in Northern Ireland, and

 

(b)    

after approving a strategic plan, send a copy of the plan to the Scottish

 

Ministers and the Department of Justice in Northern Ireland.”

 

Member’s explanatory statement

 

This amendment places a duty on the Secretary of State to consult the Scottish Ministers and the

 

Department of Justice in Northern Ireland before approving a strategic plan, and to send them a

 

copy of the plan once it has been approved.


 
 

Consideration of Bill:                               

767

 

, continued

 
 

Secretary Theresa May

 

Clause  38,  page  28,  line  4,  after “State” insert “the Scottish Ministers and the

 

Department of Justice in Northern Ireland”

 

Member’s explanatory statement

 

This amendment requires the Commissioner to submit the annual report to the Scottish Ministers

 

and the Department of Justice in Northern Ireland, as well as the Secretary of State.

 

Stephen Barclay

 

Sir John Randall

 

Clause  38,  page  28,  line  12,  at end insert—

 

“(d)    

a statement in respect of the outcome of those who have been admitted

 

and released from the Trafficking Victim Support Scheme.”

 

Secretary Theresa May

 

Clause  38,  page  28,  line  17,  at end insert—

 

“(9A)    

The Scottish Ministers must lay before the Scottish Parliament—

 

(a)    

any strategic plan the Secretary of State approves, and,

 

(b)    

any annual report they receive,

 

    

and must do so as soon as reasonably practicable after receiving the plan or the

 

report.

 

(9B)    

The Department of Justice in Northern Ireland must lay before the Northern

 

Ireland Assembly—

 

(a)    

any strategic plan the Secretary of State approves, and

 

(b)    

any annual report it receives,

 

    

and must do so as soon as reasonably practicable after receiving the plan or the

 

report.

 

(9C)    

An annual report laid under any of subsections (9) to (9B) must not contain

 

material removed from the report under any of subsections (10) to (12).”

 

Member’s explanatory statement

 

This amendment requires the Scottish Ministers / Department of Justice to lay the Commissioner’s

 

strategic plans and annual reports before the Scottish Parliament / Northern Ireland Assembly as

 

soon as reasonably practicable. An annual report must not contain information redacted under

 

subsections (10) to (12) (amendment 56 inserts subsections (11) and (12)).

 

Secretary Theresa May

 

Clause  38,  page  28,  line  18,  leave out from beginning to “report” in line 19 and

 

insert “The Secretary of State may remove from an annual”

 

Member’s explanatory statement

 

This amendment is consequential on amendment 52.

 

Secretary Theresa May

 

Clause  38,  page  28,  line  22,  after “person” insert “in England and Wales”

 

Member’s explanatory statement

 

This amendment limits the Secretary of State’s power to remove from an annual report before

 

publication material whose publication the Secretary of State thinks might jeopardise the safety of

 

any person, to a person in England and Wales.


 
 

Consideration of Bill:                               

768

 

, continued

 
 

Secretary Theresa May

 

Clause  38,  page  28,  line  23,  at end insert “under the law of England and Wales”

 

Member’s explanatory statement

 

This amendment limits the Secretary of State’s power to remove from an annual report before

 

publication material whose publication the Secretary of State thinks might prejudice the

 

investigation or prosecution of an offence, to an offence under the law of England and Wales.

 

Secretary Theresa May

 

Clause  38,  page  28,  line  23,  at end insert—

 

“(11)    

The Scottish Ministers may remove from an annual report any material whose

 

publication the Scottish Ministers think—

 

(a)    

might jeopardise the safety of any person in Scotland, or

 

(b)    

might prejudice the investigation or prosecution of an offence under the

 

law of Scotland.

 

(12)    

The Department of Justice in Northern Ireland may remove from an annual report

 

any material whose publication the department thinks—

 

(a)    

might jeopardise the safety of any person in Northern Ireland, or

 

(b)    

might prejudice the investigation or prosecution of an offence under the

 

law of Northern Ireland.”

 

Member’s explanatory statement

 

This amendment gives Scottish Ministers and the Department of Justice power to remove from

 

annual reports material they think might jeopardise the safety of any person in Scotland / Northern

 

Ireland, or prejudice the investigation or prosecution of an offence under the law of Scotland /

 

Northern Ireland.

 

Secretary Theresa May

 

Clause  39,  page  28,  line  37,  leave out from “made” to end of line 38 and insert “for

 

the purposes of this section.

 

( )    

The power to make regulations under subsection (5) is exercisable—

 

(a)    

in relation to a public authority having only functions which are

 

exercisable in or as regards Scotland, by the Scottish Ministers,

 

(b)    

in relation to a public authority having only functions which are

 

exercisable in or as regards Northern Ireland, by the Department of

 

Justice in Northern Ireland, and

 

(c)    

in relation to any other public authority, by the Secretary of State.”

 

Member’s explanatory statement

 

This amendment provides powers for Scottish Ministers / the Department of Justice to specify

 

public authorities who are required to cooperate with the Commissioner. They can only specify

 

public authorities which solely have functions in or as regards Scotland / Northern Ireland. The

 

Secretary of State may specify any other public authority.


 
 

Consideration of Bill:                               

769

 

, continued

 
 

Mark Durkan

 

Clause  41,  page  29,  line  29,  at end add—

 

“(9)    

A child is not guilty of an offence if—

 

(a)    

he or she was under the age of 18 when the act which constitutes the

 

offence was done; and

 

(b)    

the offence was integral to or consequent on the trafficking, slavery or

 

exploitation of which he or she was a victim.”

 

Member’s explanatory statement

 

This amendment aims to ensure a child victim of trafficking is not obliged to prove they were

 

compelled to commit an offence before being able to access the protection of the statutory defence

 

in line with international standards.

 

Secretary Theresa May

 

Clause  43,  page  30,  line  2,  leave out “may make arrangements” and insert “must

 

make such arrangements as the Secretary of State considers reasonable”

 

Member’s explanatory statement

 

This amendment places a duty on the Secretary of State to make arrangements that she considers

 

reasonable to enable child trafficking advocates to be available for children who there is reason

 

to believe may be victims of human trafficking. This duty is subject to the commencement

 

procedures in amendment 69.

 

Fiona Bruce

 

Clause  43,  page  30,  line  2,  leave out from “may” to end of line 23 and insert “must

 

in accordance with this section, make arrangements to enable a person (“child trafficking

 

advocate”) to be appointed to represent and support any child who there is reason to

 

believe may be a victim of human trafficking or slavery if the person who has parental

 

responsibility for the child fulfils any of the conditions in subsection (5).

 

(2)    

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.

 

(3)    

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.

 

(4)    

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 as 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;


 
 

Consideration of Bill:                               

770

 

, continued

 
 

(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 interests;

 

(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.

 

(5)    

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.

 

(6)    

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.

 

(7)    

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.

 

(8)    

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.

 

(9)    

In subsection (8) 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

 

(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.

 

(10)    

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.

 

(11)    

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


 
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