Session 2014 - 15
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669

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Thursday 30 October 2014

 

For other Amendment(s) see the following page(s) of Supplement to Votes:

 

551-52, 553-54 and 665-66

 

Consideration of Bill


 

Modern Slavery Bill, As Amended


 

Mr David Burrowes

 

Fiona Bruce

 

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

 

‘(c)    

the person exploits another person within the meaning of section 3(4), (5)

 

or (6) of this Act and the circumstances are such that the person knows or

 

ought to know that the other person is being exploited.”

 

Mr David Burrowes

 

Fiona Bruce

 

Clause  1,  page  1,  line  17,  after “labour”, insert “or is being exploited”

 

Mr David Burrowes

 

Fiona Bruce

 

Clause  3,  page  2,  line  30,  at end insert—

 

‘(1A)    

For the purposes of section (1) a person is exploited only if one or more of

 

subsections (4), (5) or (6) of this section apply in relation to the person.”

 

Mr David Burrowes

 

Fiona Bruce

 

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

 

‘(1A)    

For the purposes of this Act—

 

(a)    

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

 

servitude; and

 

(b)    

a child 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 child has attempted to escape from the condition.”


 
 

Notices of Amendments:                               

670

 

, continued

 
 

Mr David Burrowes

 

Fiona Bruce

 

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; and

 

(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.”

 

Mr David Burrowes

 

Fiona Bruce

 

Sarah Teather

 

Clause  43,  page  30,  line  20,  at end insert—

 

‘(e)    

for child trafficking advocates to assist the child to obtain legal or other

 

advice, assistance and representation, including (whether necessary) the

 

appointment and instructing of legal representatives to act on behalf of

 

the child in their best interests; and

 

(f)    

to require any person or body providing services or taking administrative

 

decisions in relation to a child for whom a child trafficking advocate has

 

been appointed to recognise, and pay due regard to, the functions of the

 

child trafficking advocate and (to the extent otherwise permitted by law)

 

provide the child trafficking advocate with access to such information

 

relating to the child as will enable the child trafficking advocate to carry

 

out his or her functions effectively.”

 

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.

 

Mark Durkan

 

Page  24,  line  19,  leave out Clause 34.

 

Mark Durkan

 

Page  24,  line  39,  leave out Clause 35.

 

Mark Durkan

 

NC12

 

To move the following Clause—


 
 

Notices of Amendments:                               

671

 

, continued

 
 

“Establishment of the Independent Anti-Slavery Commissioner

 

(1)    

There is to be an offence of Anti-slavery Commissioner (in this section “the

 

Commissioner”).

 

(2)    

The Commissioner shall be appointed by the Secretary of State, following a pre-

 

appointment hearing by Parliament of the candidate proposed by the Secretary of

 

State.

 

(3)    

The Commissioner may appoint his own staff.”

 

Mark Durkan

 

NC13

 

To move the following Clause—

 

“General function and powers of the Independent 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 both Houses of 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 other international

 

instruments and 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.

 

(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


 
 

Notices of Amendments:                               

672

 

, continued

 
 

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;

 

(c)    

the Commissioner’s priorities; and

 

(d)    

the Commissioner’s resources and funding.”

 

Mark Durkan

 

NC14

 

To move the following Clause—

 

“Ban on importation of goods produced by slavery or forced labour

 

(1)    

The Secretary of State shall have the power to prohibit the import at any point of

 

entry to the United Kingdom of any good, ware, article, or product mined,

 

produced, or manufactured wholly or in part in any foreign country that can be

 

demonstrably shown to have been produced by slavery, forced labour, child

 

labour or with the involvement of human trafficking.

 

(2)    

The Secretary of State shall—


 
 

Notices of Amendments:                               

673

 

, continued

 
 

(a)    

prescribe such regulations as may be necessary for the enforcement of

 

this provision;

 

(b)    

co-ordinate with and issue guidance to the Treasury, HMRC, devolved

 

authorities and any other relevant public authority in relation to the

 

exercise by them of their powers and responsibilities under this Clause;

 

and

 

(c)    

have a duty to publish and maintain information on banned goods

 

including a publicly available list of products which there is a reasonable

 

basis to believe might have been mined, produced, or manufactured in the

 

circumstances described in section (1).

 

(3)    

The Secretary of State shall establish a process whereby a petition can be made

 

by any person, public authority or organisation who has reason to believe that

 

goods produced in the circumstances in section (1) are being or are likely to be

 

imported into the UK to communicate theses concerns to the relevant authority.

 

Every such communication shall contain—

 

(a)    

a full statement of reasons for the claim;

 

(b)    

a detailed description or example of the product; and

 

(c)    

all relevant information regarding the production of the good.”

 

Member’s explanatory statement

 

This would allow for the banning of the import of any product produced by slavery, convict, forced

 

or indentured labour, including child labour.

 

Mark Durkan

 

NC15

 

To move the following Clause—

 

“Legal liability for the beneficiaries of slavery

 

(1)    

The Secretary of State shall within six months of this Act coming into force bring

 

forward regulations to ensure that a person benefiting from an offence under

 

section 1 or 2 of this Act committed by a third party shall have committed an

 

offence where—

 

(a)    

the third party acted for that person’s benefit; and

 

(b)    

their lack of supervision or control made possible for committing of the

 

offence by the third party.

 

(2)    

Regulations under subsection (1) shall not be made unless a draft has been laid

 

before and approved by both Houses of Parliament.”

 

Member’s explanatory statement

 

This new Clause requires the Secretary of State to bring forward measures along the lines set out

 

in EU Directive 2011/36/EU on preventing trafficking in human beings.

 

Mark Durkan

 

Clause  13,  page  10,  line  11,  at end add “and all territorial waters of the United

 

Kingdom including its dependencies and territories.”

 

Mark Durkan

 

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

 

‘(10)    

The Secretary of State shall, by way of Regulations—

 

(a)    

establish means to ensure that trends in maritime trafficking and forced

 

labour in UK and international waters are identified and tracked;


 
 

Notices of Amendments:                               

674

 

, continued

 
 

(b)    

establish means to ensure that intelligence and information on maritime

 

trafficking and forced labour are communicated to the enforcement

 

officers set out in this provision;

 

(c)    

establish means to ensure that co-ordination and intelligence sharing in

 

relation to maritime trafficking and forced labour occurs between

 

agencies responsible for the enforcement officers as set out in this

 

provision;

 

(d)    

establish means to ensure that enforcement officers set out in this

 

provision are aware of their responsibilities to potential and actual

 

victims of trafficking and forced labour;

 

(e)    

receive bi-annual reports from the agencies responsible for the

 

enforcement officers in relation to their attempts to identify and disrupt

 

maritime trafficking and forced labour, and to assist the victims.”

 

Mark Durkan

 

Stephen Barclay

 

Clause  1,  page  2,  line  3,  at end add—

 

“(5)    

The consent or apparent consent of a person to the acts referred to in subsections

 

1(1)(a) or 1(1)(b) shall be irrelevant.”

 

Sarah Teather

 

Clause  52,  page  33,  line  19,  leave out “and (3)” and insert “, (3) and (4)”.

 

Sarah Teather

 

Clause  52,  page  33,  line  21,  at end insert—

 

“(3)    

Section 40 shall come into force on a day to be appointed, that day being no

 

earlier than the day on which an order made by the Lord Chancellor under section

 

9(2)(a) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 in

 

respect of civil legal services for victims of slavery and victims of human

 

trafficking comes into effect.”

 

Member’s explanatory statement

 

This amendment ensures that until an order made by the Lord Chancellor regarding the provision

 

of civil legal aid for victims of slavery or human trafficking comes into effect, the Anti-Slavery

 

Commissioner will be able to exercise its functions in relation to individual cases.

 

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;


 
 

Notices of Amendments:                               

675

 

, continued

 
 

(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;

 

(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;


 
contents continue
 

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Revised 31 October 2014