Session 2014 - 15
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691

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Friday 31 October 2014

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Consideration of Bill


 

Modern Slavery Bill, As Amended


 

Note

 

The Amendments have been arranged in accordance with the Modern Slavery

 

Bill Programme (No. 2) Motion to be proposed by Secretary Theresa May.

 


 

New CLauses and new schedules relating to transparency in supply chains

 

Secretary Theresa May

 

NC11

 

To move the following Clause—

 

“Transparency in supply chains etc

 

(1)    

A commercial organisation within subsection (2) must prepare a slavery and

 

human trafficking statement for each financial year of the organisation.

 

(2)    

A commercial organisation is within this subsection if it—

 

(a)    

supplies goods or services, and

 

(b)    

has a total turnover of not less than an amount prescribed by regulations

 

made by the Secretary of State.

 

(3)    

For the purposes of subsection (2)(b), an organisation’s total turnover is to be

 

determined in accordance with regulations made by the Secretary of State.

 

(4)    

A slavery and human trafficking statement for a financial year is—

 

(a)    

a statement of the steps the organisation has taken during the financial

 

year to ensure that slavery and human trafficking is not taking place—

 

(i)    

in any of its supply chains, and

 

(ii)    

in any part of its own business, or


 
 

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(b)    

a statement that the organisation has taken no such steps.

 

(5)    

If the organisation has a website, it must—

 

(a)    

publish the slavery and human trafficking statement on that website, and

 

(b)    

include a link to the slavery and human trafficking statement in a

 

prominent place on that website’s homepage.

 

(6)    

If the organisation does not have a website, it must provide a copy of the slavery

 

and human trafficking statement to anyone who makes a written request for one,

 

and must do so before the end of the period of 30 days beginning with the day on

 

which the request is received.

 

(7)    

The Secretary of State—

 

(a)    

may issue guidance about the duties imposed on commercial

 

organisations by this section;

 

(b)    

must publish any such guidance in a way the Secretary of State considers

 

appropriate.

 

(8)    

The guidance may in particular include guidance about the kind of information

 

which may be included in a slavery and human trafficking statement.

 

(9)    

The duties imposed on commercial organisations by this section are enforceable

 

by the Secretary of State bringing civil proceedings in the High Court for an

 

injunction or, in Scotland, for specific performance of a statutory duty under

 

section 45 of the Court of Session Act 1988.

 

(10)    

For the purposes of this section—

 

“commercial organisation” means—

 

(a)    

a body corporate (wherever incorporated) which carries on a

 

business, or part of a business, in any part of the United

 

Kingdom, or

 

(b)    

a partnership (wherever formed) which carries on a business, or

 

part of a business, in any part of the United Kingdom,

 

and for this purpose “business” includes a trade or profession;

 

“partnership” means—

 

(c)    

a partnership within the Partnership Act 1890,

 

(d)    

a limited partnership registered under the Limited Partnerships

 

Act 1907, or

 

(e)    

a firm, or an entity of a similar character, formed under the law

 

of a country outside the United Kingdom;

 

“slavery and human trafficking” means—

 

(f)    

conduct which constitutes an offence under any of the

 

following—

 

(i)    

section 1, 2 or 4 of this Act,

 

(ii)    

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

 

2003 (trafficking for sexual exploitation),

 

(iii)    

section 22 of the Criminal Justice (Scotland) Act 2003

 

(asp 7) (traffic in prostitution etc),

 

(iv)    

section 4 of the Asylum and Immigration (Treatment of

 

Claimants, etc.) Act 2004 (trafficking for exploitation),

 

(v)    

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

 

servitude and forced or compulsory labour),

 

(vi)    

section 47 of the Criminal Justice and Licensing

 

(Scotland) Act 2010 (asp 13) (slavery, servitude and

 

forced or compulsory labour), or


 
 

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Modern Slavery Bill, continued

 
 

(g)    

conduct which would constitute an offence in a part of the United

 

Kingdom under any of those provisions if the conduct took place

 

in that part of the United Kingdom.”

 

Member’s explanatory statement

 

This New Clause requires businesses over a certain size to disclose annually what steps they have

 

taken to ensure that slavery or human trafficking is not taking place in any of their supply chains

 

or their own business through a statement published on their website, if they have one.

 


 

Diana Johnson

 

Mr David Hanson

 

Phil Wilson

 

NC5

 

To move the following Clause—

 

“Duty on large UK companies to report efforts to eradicate modern slavery and

 

forced labour

 

(1)    

The Secretary of State must, not later than 5 October 2015,—

 

(a)    

make regulations under section 416(4) of the Companies Act 2006 (c. 46)

 

requiring the directors’ report of a company to contain such information

 

as may be specified in the regulations about modern slavery and forced

 

labour in the supply chain for which the company is responsible, or

 

(b)    

lay before Parliament a report explaining why no such regulations have

 

been made.

 

(2)    

Regulations made under section (1)(a) must be in force in relation to quoted

 

companies by 6 January 2016 and in relation to large private companies as the

 

Secretary of State believes to be appropriate by 2 January 2018.

 

(3)    

Subsection (1)(a) is complied with if regulations are made containing provision

 

in relation to the company’s reporting of work in the following areas—

 

(a)    

accountability for tackling modern slavery and forced labour, including

 

policy commitments, resourcing and actions to exercise due diligence;

 

(b)    

investigation, monitoring and auditing of modern slavery and forced

 

labour risks in the UK and throughout their global supply chains;

 

(c)    

support and access to remedy for victims of forced labour and modern

 

slavery; and

 

(d)    

training of staff and suppliers, access to expertise and advice.

 

(4)    

No regulations made under this section shall apply to small companies as defined

 

by section 381 of the Companies Act 2006 (c. 46).”

 



 
 

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new clauses and new schedules relating to offences, other than

 

offences of procuring sex for payment

 

Diana Johnson

 

Mr David Hanson

 

Phil Wilson

 

Sarah Champion

 

NC3

 

To move the following Clause—

 

“Offence of child exploitation

 

(1)    

A person commits an offence if they exploit a child.

 

(2)    

It shall be such an offence even if there was no threat or use of violence, other

 

forms of coercion, deception or any abuse of a position of vulnerability.

 

(3)    

A child may be in a situation of exploitation whether or not—

 

(a)    

escape from the situation is practically possible for the child; or

 

(b)    

the child has attempted to escape from the situation.

 

(4)    

The consent or apparent consent of the child to the exploitation is irrelevant.

 

(5)    

“Child Exploitation” includes but is not limited to, the exploitation of the

 

prostitution of others or other forms of sexual exploitation; the exploitation of

 

labour or services including begging or practices similar to slavery, servitude or

 

forced or compulsory labour; the exploitation of or for criminal activities

 

including benefit fraud; the removal of organs; forced or servile marriage or

 

enforced surrogacy; exploitation for unlawful adoption; and exploitation by

 

enforced drugs smuggling, manufacture, production or distribution.”

 


 

Diana Johnson

 

Mr David Hanson

 

Phil Wilson

 

NC4

 

To move the following Clause—

 

“Offence of exploitation

 

(1)    

A person commits an offence if they exploit a person 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.

 

(2)    

A person may be in a situation of exploitation whether or not—

 

(a)    

escape from the situation is practically possible for the person; or

 

(b)    

the person has attempted to escape from the situation.

 

(3)    

The consent or apparent consent of the person of the exploitation is irrelevant

 

where any of the means set forth in section 9(1) has been used.”

 



 
 

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Modern Slavery Bill, continued

 
 

Mark Durkan

 

NC15

 

Parliamentary Star - white    

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.

 


 

Paul Blomfield

 

NC24

 

Parliamentary Star - white    

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;

 

(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,

 

    

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.”

 


 

Stephen Barclay

 

NC25

 

Parliamentary Star    

To move the following Clause—

 

“Modern slavery offences: compensation

 

(1)    

The Criminal Court (Sentencing) Act 2000 is amended as follows.

 

  In section 130, subsection (1), after paragraph (b), add—

 

“(c)    

to pay compensation for any suffering, including loss of family contact,

 

resulting from an offence contained in Part 1 of the Modern Slavery Act


 
 

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Modern Slavery Bill, continued

 
 

of which the person has been convicted or which is taken into

 

consideration in determining sentence;”

 

(2)    

The Proceeds of Crime Act 2002 is amended as follows—

 

(a)    

In section 13, subsection (6), at beginning insert “Subject to subsection

 

(7)”; and

 

(b)    

after subsection (b), insert—

 

“(7)    

Where a court makes a compensation order or orders resulting

 

from an offence contained in Part 1 of the Modern Slavery Act

 

of which the person has been convicted or which is taken into

 

consideration in determining sentence, the compensation shall be

 

paid out of any sums recovered under the confiscation order. In

 

the event that a compensation order is made in favour of more

 

than one victim, the court shall direct in what proportions the

 

sum recovered is to be paid to the victims in the event that the

 

sum recovered is less than the total amount of compensation

 

ordered.””

 


 

remaining new clauses and new schedules, other than new clauses and

 

new schedules relating to the gangmasters licensing authority,

 

overseas domestic workers or prostitution

 

Secretary Theresa May

 

NC8

 

To move the following Clause—

 

“Enforcement powers in relation to ships: Scotland

 

(1)    

A Scottish constable or an enforcement officer may exercise the powers set out in

 

Part 2 of Schedule 1 (“Part 2 powers”) in relation to—

 

(a)    

a United Kingdom ship in Scotland waters, foreign waters or

 

international waters,

 

(b)    

a ship without nationality in Scotland waters or international waters,

 

(c)    

a foreign ship in Scotland waters, or

 

(d)    

a ship, registered under the law of a relevant territory, in Scotland waters.

 

(2)    

But Part 2 powers may be exercised only—

 

(a)    

for the purpose of preventing, detecting or investigating a listed offence,

 

and

 

(b)    

in accordance with the rest of this section.

 

(3)    

The authority of the Secretary of State is required before a Scottish constable or

 

an enforcement officer may exercise Part 2 powers in relation to a United

 

Kingdom ship in foreign waters.

 

(4)    

Authority for the purposes of subsection (3) may be given only if the State or

 

relevant territory in whose waters the powers would be exercised consents to the

 

exercise of the powers.

 

(5)    

The authority of the Secretary of State is required before a Scottish constable or

 

an enforcement officer may exercise Part 2 powers in relation to a foreign ship,

 

or a ship registered under the law of a relevant territory, within the territorial sea

 

adjacent to the United Kingdom.

 

(6)    

Authority for the purposes of subsection (5) may be given in relation to a foreign

 

ship only if—


 
 

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Modern Slavery Bill, continued

 
 

(a)    

the home state has requested the assistance of the United Kingdom for the

 

purpose mentioned in subsection (2)(a),

 

(b)    

the home state has authorised the United Kingdom to act for that purpose,

 

or

 

(c)    

the Convention otherwise permits the exercise of Part 2 powers in

 

relation to the ship.

 

(7)    

In giving authority for the purposes of subsection (5) in relation to a foreign ship

 

the Secretary of State must give effect to any conditions or limitations that the

 

home state imposes as part of a request or authorisation of the kind mentioned in

 

subsection (6)(a) or (b) (if the authority is given as a result of that request or

 

authorisation).

 

(8)    

For the purposes of subsection (2)(a), “listed offence” means an offence under—

 

(a)    

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

 

prostitution etc) (asp 7);

 

(b)    

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

 

Act 2004 (trafficking for exploitation);

 

(c)    

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

 

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

 

Member’s explanatory statement

 

This New Clause provides additional powers for law enforcement in Scotland to tackle suspected

 

human trafficking or slavery at sea. The details of the additional powers are set out in Part 2 of

 

Schedule 1 (inserted by amendment 129).

 


 

Secretary Theresa May

 

NC9

 

To move the following Clause—

 

“Enforcement powers in relation to ships: Northern Ireland

 

(1)    

A Northern Ireland constable or an enforcement officer may exercise the powers

 

set out in Part 3 of Schedule 1 (“Part 3 powers”) in relation to—

 

(a)    

a United Kingdom ship in Northern Ireland waters, foreign waters or

 

international waters,

 

(b)    

a ship without nationality in Northern Ireland waters or international

 

waters,

 

(c)    

a foreign ship in Northern Ireland waters, or

 

(d)    

a ship, registered under the law of a relevant territory, in Northern Ireland

 

waters.

 

(2)    

But Part 3 powers may be exercised only—

 

(a)    

for the purpose of preventing, detecting, investigating or prosecuting a

 

listed offence, and

 

(b)    

in accordance with the rest of this section.

 

(3)    

The authority of the Chief Constable of the Police Service of Northern Ireland is

 

required before an enforcement officer may exercise any Part 3 powers.

 

(4)    

The authority of the Secretary of State is required before a Northern Ireland

 

constable or an enforcement officer may exercise Part 3 powers in relation to a

 

United Kingdom ship in foreign waters.

 

(5)    

Authority for the purposes of subsection (4) may be given only if the State or

 

relevant territory in whose waters the powers would be exercised consents to the

 

exercise of the powers.


 
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© Parliamentary copyright
Revised 31 October 2014