Session 2014 - 15
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Other Bills before Parliament


 
 

Notices of Amendments:                               

676

 

, continued

 
 

(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

 

(b)    

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

 

assessment of the best interests of the child.”

 

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.

 

(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

 

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—


 
 

Notices of Amendments:                               

677

 

, continued

 
 

(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.

 

(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

 

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.””


 
 

Notices of Amendments:                               

678

 

, continued

 
 

Stephen Barclay

 

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,”

 

(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.”

 

Stephen Barclay

 

Clause  36,  page  26,  line  19,  after “as the” insert “independent”

 

Stephen Barclay

 

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

 

“(c)    

the assessment of policies relating to modern slavery and compliance in

 

other international jurisdictions.”

 

Stephen Barclay

 

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.”

 

Stephen Barclay

 

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.”

 

Stephen Barclay

 

Mr Frank Field

 

NC20

 

To move the following Clause—


 
 

Notices of Amendments:                               

679

 

, continued

 
 

“Control of assets related to modern slavery offences

 

(1)    

In section 40 (Restraint orders) of the Proceeds of Crime Act 2002 after

 

subsection (9) insert—

 

“(10)    

In the case of an investigation or prosecution under the Modern Slavery

 

Act the court shall presume that the alleged offender will dissipate his

 

assets unless restrained.”

 

(2)    

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

 

forward regulations to—

 

(a)    

presume a freezing order will be granted within 24 hours in respect of

 

assets where the court is satisfied that—

 

(i)    

there are reasonable grounds to suspect that some of those assets

 

have been obtained as a result of an offence under this Act, and

 

(ii)    

those assets are over and above those reasonably required for

 

living and business expenses.

 

(b)    

confer on the police power to issue a notice on financial advisers and

 

institutions placing a duty of care on those institutions in respect of

 

movement of assets that might hinder an investigation into an offence

 

under this Act.

 

(3)    

The Chancellor of the Exchequer shall within six months of this Act coming into

 

force bring forward regulations to provide that assets recovered in respect of an

 

offence under this Act shall be paid to one or more of—

 

(a)    

the police and/or,

 

(b)    

the Gangmasters Licensing Authority, and

 

(c)    

the victim or victims of the offence.

 

(4)    

The court will require an asset declaration from anyone subject to a restraint order

 

within 24 hours in respect of any financial interests in assets held in whole or in

 

part in the United Kingdom and in overseas territories. In the event of a false

 

declaration, this will be treated as an aggregated factor in the setting of any future

 

penalty.

 

(5)    

Regulations under this section shall be made by statutory instrument and shall not

 

be made unless laid before in draft and approved by both Houses of Parliament.”

 

Paul Blomfield

 

NC21

 

To move the following Clause—

 

“Civil remedy

 

(6)    

An individual who is a victim of an offence under section 1, 2 or 4 may bring a

 

civil action against the perpetrator in the County Court and may recover damages

 

and reasonable legal costs.

 

(7)    

For the purposes of subsection (1) “damages” shall include the greater of the

 

gross income or value to the defendant of the victim’s services or labour or the

 

value of the victim’s labour as guaranteed under the national minimum wage

 

guarantees of the National Minimum Wage Act 1998.”

 

Member’s explanatory statement

 

This provision creates a civil remedy for victims of trafficking, to allow victims to pursue a civil

 

claim for compensation directly from the trafficker in the absence of a criminal prosecution.


 
 

Notices of Amendments:                               

680

 

, continued

 
 

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;

 

(c)    

reduce the number of people trafficked into England and Wales for the

 

purposes of sexual exploitation.

 

(3)    

In undertaking the consultation in subsection (1) the Secretary of State must—

 

(a)    

seek the views of those who work with trafficked and exploited persons

 

in England and Wales;

 

(b)    

seek the views of the Director of Public Prosecutions and the Association

 

of Chief Police Officers; and

 

(c)    

allow submissions from members of the public.

 

(4)    

The consultation must be completed and a summary of the results laid before

 

Parliament within six months of the date of Royal Assent.”


 
 

Notices of Amendments:                               

681

 

, continued

 
 

Paul Blomfield

 

NC24

 

To move the following Clause—

 

“Human trafficking

 

(1)    

Any person who for the purpose of exploiting a person or persons—

 

(a)    

recruits, transports, transfers, harbours or receives a person including by

 

exchange or transfer of control over that or those persons; and

 

(b)    

by means of the threat or use of force or other forms of coercion, of

 

abduction, of fraud, of deception, of the abuse of power or abuse of a

 

position of vulnerability, or of the giving or receiving of payments or

 

benefits to achieve the consent of a person having control over another

 

person, or commits an offence of human trafficking.

 

(2)    

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

 

2(1)(a) or to the exploitation shall be irrelevant where any of the means set forth

 

in subsection 2(1)(b) have been used.”

 

Mr Frank Field

 

Stephen Barclay

 

Clause  7,  page  4,  line  30,  at end insert—

 

         

“Proceeds of Crime Act 2002

 

In section 69, subsection (2) of the Proceeds of Crime Act 2002, after “debt

 

owned by the Crown”, insert—

 

“(e)    

in the case of an investigation or prosecution under the Modern Slavery

 

Act the court must presume that the alleged offender will dissipate his

 

assets unless restrained.””

 

Paul Blomfield

 

Page  2,  line  4,  leave out Clause 2.

 


 
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Revised 31 October 2014