House of Commons Amendments

Session 2014 - 15
Internet Publications
Other Bills before Parliament

Consideration of Bill:
785

, continued

Evidence of authority

26
A Northern Ireland constable or an enforcement officer must produce evidence

of the constable’s or officer’s authority if asked to do so.

Protection of constables and enforcement officers

27
A Northern Ireland constable or an enforcement officer is not liable in any

criminal or civil proceedings for anything done in the purported performance

of functions under this Part of this Schedule if the court is satisfied that—

(a)
the act was done in good faith, and

(b)
there were reasonable grounds for doing it.

Offences

28  (1)
A person commits an offence under the law of Northern Ireland if the person—

(a)
intentionally obstructs a constable or an enforcement officer in the

performance of functions under this Part of this Schedule, or

(b)
fails without reasonable excuse to comply with a requirement made by

a constable or an enforcement officer in the performance of those

functions.

      (2)
A person who provides information in response to a requirement made by a

Northern Ireland constable or an enforcement officer in the performance of

functions under this Part of this Schedule commits an offence under the law of

Northern Ireland if—

(a)
the information is false in a material particular, and the person either

knows it is or is reckless as to whether it is, or

(b)
the person intentionally fails to disclose any material particular.

      (3)
A person guilty of an offence under this paragraph is liable—

(a)
on summary conviction, to a fine not exceeding the statutory

maximum;

(b)
on conviction on indictment, to imprisonment for a term not exceeding

2 years or to a fine, or to both.”

Member’s explanatory statement

This amendment inserts two new Parts into Schedule 1, setting out enforcement powers in relation

to Scotland and Northern Ireland. These include powers to stop, board, divert and detain vessels,

and powers relating to search, arrest and seizure.

Secretary Theresa May

Schedule  4,  page  50,  leave out line 10 and insert—

    “(1)
The Prevention of Social Housing Fraud Act 2013 is amended as follows.

      (2)
In section 4(12)(d) (application of Powers of Criminal Courts (Sentencing) Act

2000 to unlawful profit orders)—

(a)
for the words from “133(3)(c)” to “confiscation order or” substitute

“133(3)(c)(ii) to an unlawful profit order under section 4 were to”;

(b)
omit the second “(or both)”.

Consideration of Bill:
786

, continued

      (3)
In the Schedule”.

Member’s explanatory statement

This amendment is consequential on the changes to section 133(3)(c) of the Powers of Criminal

Courts (Sentencing) Act 2000 made by paragraph 13 of Schedule 4.

Secretary Theresa May

Mark Durkan

Title,  line  2,  after “an” insert “Independent”

Member’s explanatory statement

This amendment is consequential on amendment 3.

New clauses and new schedules relating to the gangmasters licensing

authority

Mr David Hanson

Yvette Cooper

Diana Johnson

Phil Wilson

NC1

To move the following Clause—

“Enabling provision to enable the Gangmasters Licensing Authority to tackle

modern day slavery

(1)
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.

(2)
An order under subsection (1) may not be made unless a draft of the Statutory

Instrument containing it has been laid before each House of Parliament and been

approved by a resolution in each House.”

Stephen Barclay

NC16

To move the following Clause—

“Accommodation operated by gangmasters

(1)
The Secretary of State shall within one year of this Act being passed bring

forward regulations to require gangmasters providing, or soliciting a third party

to provide, accommodation to a worker to—

(a)
agree and keep of a copy of a tenancy agreement with the worker;

(b)
provide and keep copies of receipts for any rent paid by the worker to

them; and

(c)
keep a rent book recording rent due and paid.

Consideration of Bill:
787

, continued

(2)
In section 7 of the Gangmaster (Licensing) Act 2004 after subsection (5) insert—

“(6)
It shall be a condition of holding a license under this section that the

gangmaster provide on request to the Authority or a local authority the

documents required under regulations made under section

(Accommodation operated by Gangmasters) of the Modern Slavery Act

2014.”

(3)
The Authority and police shall have the right of inspection of tenancy agreements

held by letting agencies where there are reasonable grounds to suspect a number

of properties are let or sub-let by the same individual to multiple workers.”

Stephen Barclay

Sir John Randall

NC17

To move the following Clause—

“Gangmasters: offences, financial transactions

In the Gangmaster Licensing Act 2004 after section 13 (Offences: payments to or

by gangmasters) insert—

“13A
Offences: gangmasters, financial transactions

(1)
This section applies to a person who is acting as a gangmaster in respect

of a worker (“W”).

(2)
The person commits an offence if whilst acting as set out in subsection

(1) they make a payment to W that is not made either—

(a)
by a cheque which under section 81A of the Bills of Exchange

Act 1882 is not transferable, or

(b)
by an electronic transfer of funds (authorised by credit or debit

card or otherwise), or

(3)
The person commits an offence if—

(a)
whilst making a payment to W in respect of work they do not

keep a record of the payment and the hours worked for which the

payment is due, or

(b)
if they do not produce such a record when required to by either

the Gangmasters Licensing Authority or the police.

(4)
The Secretary of State may by regulations amend subsection (2) to permit

other methods of payment.

(5)
In this section making a payment includes payment in kind (with goods

or services).

(6)
If a gangmaster pays a worker in breach of subsection (2), each of the

following is guilty of an offence—

(a)
the gangmaster;

(b)
if the payment is made with the knowledge of the person to

whom the gangmaster is supplying W, that person; and

(c)
any person who makes the payment acting for the gangmaster.

Consideration of Bill:
788

, continued

(7)
It is a defence for a person within subsection (4)(a) or (b) who is charged

with an offence under this section to prove that the person—

(a)
made arrangements to ensure that the payment was not made in

breach of subsection (1), and

(b)
took all reasonable steps to ensure that those arrangements were

complied with.

(8)
A person guilty of an offence under this section is liable on summary

conviction to a fine not exceeding level 5 on the standard scale.”

Stephen Barclay

Sir John Randall

NC18

To move the following Clause—

“Provision of fixed penalty notices for gangmasters

(1)
The Gangmasters (Licensing) Act 2004 is amended as follows.

(2)
In section 12 (Offences: acting as a gangmaster, being in possession of false

documents etc.) after subsection (4) insert—

“(4A)
The Secretary of State may by regulations make provision for fixed

monetary penalties to be applied for an offence under this Act where—

(a)
the offence is of a lower level of severity, and

(b)
slavery, servitude and forced or compulsory labour is not a

contributory factor in the offence.

(4B)
Regulations made under subsection (4A) shall be made by statutory

instrument and may not be made unless laid before in draft and agreed by

both Houses of Parliament.””

Stephen Barclay

Sir John Randall

NC19

To move the following Clause—

“Investigation of modern slavery offences by Gangmasters Licensing Authority

(1)
In section 1 (The Gangmasters Licensing Authority) after “holding licences under

this Act,” insert—

“(c)
investigate offences under section 1 of the Modern Slavery Act

2014, and related offences of fraud, where those offences

involve gangmasters,

(d)
investigate offences under section 1 of the Modern Slavery Act

2014, and related offences of fraud, where those offences are

alleged to have been committed by a person licensed under this

Act, whether or not the offence was committed in their capacity

as a gangmaster,”

Consideration of Bill:
789

, continued

(2)
The Secretary of State may by regulations confer powers on the Gangmasters

Licensing Authority in order to investigate offences under this Act.

(3)
Regulations under subsection (2) shall include provision to require financial

institutions to disclose details of financial holdings to the Gangmasters Licensing

Authority or the police in pursuit of an investigation of an offence under this Act.

(4)
Regulations under this section shall be made by statutory instrument and may not

be made unless they have been laid before in draft, and approved by, both Houses

of Parliament.”

new clauses and new schedules relating to overseas domestic workers

Mr David Hanson

Yvette Cooper

Diana Johnson

Phil Wilson

NC2

To move the following Clause—

“Protection from slavery from overseas domestic workers

(1)
All overseas and domestic workers, including those working for staff of

diplomatic missions, shall be entitled to—

(a)
change their employer (but not work sector) while in the United

Kingdom;

(b)
renew their domestic worker or diplomatic domestic worker visa for a

period up to 12 months as long as they remain in employment and are

able to support themselves adequately without recourse to public funds;

and

(c)
a three month temporary visa permitting them to live in the United

Kingdom for the purposes of seeking alternative employment as an

overseas domestic worker where there is evidence that the worker has

been a victim of modern slavery.”

Consideration of Bill:
790

, continued

new clauses and new schedules relating to prostitution

Fiona Mactaggart

Fiona Bruce

Michael Connarty

Mark Durkan

Sir John Randall

Mike Kane

Keith Vaz

Mr Virendra Sharma

Sandra Osborne

Mrs Mary Glindon

Ann Coffey

Mr David Burrowes

Lady Hermon

Mr Philip Hollobone

Jim Shannon

Barbara Keeley

Dr William McCrea

David Simpson

Ian Paisley

Mr Gregory Campbell

Mr Nigel Dodds

Mrs Siân C. James

Meg Hillier

Liz McInnes

Kelvin Hopkins

Joan Walley

Fiona O’Donnell

Sarah Teather

Hazel Blears

Mr Jim Hood

Mr Gary Streeter

NC6

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 for another person, in

return for payment.

(2)
A “payment” includes—

(a)
payment that is promised or is given or promised by another person; and

(b)
provision of non-financial benefits, including, but not limited to, drugs or

alcohol.”

Fiona Mactaggart

Fiona Bruce

Michael Connarty

Mark Durkan

Sir John Randall

Mrs Madeleine Moon

Mike Kane

Keith Vaz

Mr Virendra Sharma

Sandra Osborne

Mrs Mary Glindon

Ann Coffey

Mr David Burrowes

Lady Hermon

Jim Shannon

Dr William McCrea

David Simpson

Ian Paisley

Mr Gregory Campbell

Mr Nigel Dodds

Mrs Siân C. James

Meg Hillier

Kelvin Hopkins

Liz McInnes

Joan Walley

Caroline Lucas

Barbara Keeley

Fiona O’Donnell

Sarah Teather

Hazel Blears

Mr Jim Hood

Mr Gary Streeter

NC7

To move the following Clause—

Consideration of Bill:
791

, continued

“Strategy on assistance and support for exiting prostitution

The Secretary of State shall, at least once in every year, publish a strategy to

ensure that a programmes of assistance and support is made available to a person

who wishes to leave prostitution.”

Yvette Cooper

Diana Johnson

Mr David Hanson

Phil Wilson

NC22

To move the following Clause—

“Prostitution and sexual exploitation

(1)
The Secretary of State must undertake a review of the links between prostitution

and human trafficking and sexual exploitation in England and Wales.

(2)
The review under subsection (1) must consider—

(a)
the extent to which the current legislation governing prostitution in

England and Wales acts as an effective deterrent to demand for sexual

services from exploited persons;

(b)
the extent to which the current legislation governing prostitution in

England and Wales enables effective enforcement action against those

trafficking people for sexual exploitation; and

(c)
the extent to which alternative legal frameworks for governing

prostitution adopted by other countries within the European Union,

including Northern Ireland, have been effective at reducing sexual

exploitation and the number of people trafficked for the purpose of sexual

exploitation.

(3)
The review under subsection (1) must be completed and a copy must be laid

before Parliament within six months of Royal Assent.”

Yvette Cooper

Diana Johnson

Mr David Hanson

Phil Wilson

NC23

To move the following Clause—

“Consultation on prostitution, sexual exploitation and trafficking

(1)
The Secretary of State must initiate a statutory consultation on the introduction of

legislation prohibiting the procurement of sex for payment.

(2)
The consultation in subsection (1) must seek to ascertain the degree to which the

prohibition of sex for payment would—

(a)
reduce the number of people sexually exploited in England and Wales;

(b)
reduce demand for sexual services from sexually exploited persons in

England and Wales;



© Parliamentary copyright	Revised 4 November 2014