Session 2014 - 15
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Other Bills before Parliament


 
 

Notices of Amendments: 31 October 2014                  

698

 

Modern Slavery Bill, continued

 
 

(6)    

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

 

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

 

territorial sea adjacent to the United Kingdom.

 

(7)    

Authority for the purposes of subsection (6) may be given in relation to a foreign

 

ship only if—

 

(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 3 powers in

 

relation to the ship.

 

(8)    

In giving authority for the purposes of subsection (6) 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 (7)(a) or (b) (if the authority is given as a result of that request or

 

authorisation).

 

(9)    

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

 

(a)    

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

 

for sexual exploitation);

 

(b)    

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

 

Act 2004 (trafficking for exploitation);

 

(c)    

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

 

forced or compulsory labour).”

 

Member’s explanatory statement

 

This New Clause provides additional powers for law enforcement in Northern Ireland to tackle

 

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

 

Part 3 of Schedule 1 (inserted by amendment 129).

 


 

Secretary Theresa May

 

NC10

 

To move the following Clause—

 

“Hot pursuit of ships in United Kingdom waters

 

(1)    

An English and Welsh constable or an enforcement officer may exercise Part 1

 

powers in relation to a ship in Scotland waters or in Northern Ireland waters if—

 

(a)    

the ship is pursued there,

 

(b)    

immediately before the pursuit of the ship, the ship was in relevant

 

waters, and

 

(c)    

the condition in subsection (10) is met.

 

(2)    

Part 1 powers may be exercised under subsection (1) only—

 

(a)    

for the purpose mentioned in subsection (2)(a) of section 13, and

 

(b)    

(if relevant) in accordance with subsections (5) to (7) of that section.

 

(3)    

For the purposes of subsection (1)(b), “relevant waters” are—

 

(a)    

in the case of a United Kingdom ship or a ship without nationality,

 

England and Wales waters or international waters;

 

(b)    

in the case of a foreign ship or a ship registered under the law of a relevant

 

territory, England and Wales waters.


 
 

Notices of Amendments: 31 October 2014                  

699

 

Modern Slavery Bill, continued

 
 

(4)    

A Scottish constable or an enforcement officer may exercise Part 2 powers in

 

relation to a ship in England and Wales waters or in Northern Ireland waters if—

 

(a)    

the ship is pursued there,

 

(b)    

immediately before the pursuit of the ship, the ship was in relevant

 

waters, and

 

(c)    

the condition in subsection (10) is met.

 

(5)    

Part 2 powers may be exercised under subsection (4) only—

 

(a)    

for the purpose mentioned in subsection (2)(a) of section (Enforcement

 

powers in relation to ships: Scotland), and

 

(b)    

(if relevant) in accordance with subsections (5) to (7) of that section.

 

(6)    

For the purposes of subsection (4)(b), “relevant waters” are—

 

(a)    

in the case of a United Kingdom ship or a ship without nationality,

 

Scotland waters or international waters;

 

(b)    

in the case of a foreign ship or a ship registered under the law of a relevant

 

territory, Scotland waters.

 

(7)    

A Northern Ireland constable or an enforcement officer may exercise Part 3

 

powers in relation to a ship in England and Wales waters or in Scotland waters

 

if—

 

(a)    

the ship is pursued there,

 

(b)    

immediately before the pursuit of the ship, the ship was in relevant

 

waters, and

 

(c)    

the condition in subsection (10) is met.

 

(8)    

Part 3 powers may be exercised under subsection (7) only—

 

(a)    

for the purpose mentioned in subsection (2)(a) of section (Enforcement

 

powers in relation to ships: Northern Ireland), and

 

(b)    

(if relevant) in accordance with subsections (6) to (8) of that section.

 

(9)    

For the purposes of subsection (7)(b), “relevant waters” are—

 

(a)    

in the case of a United Kingdom ship or a ship without nationality,

 

Northern Ireland waters or international waters;

 

(b)    

in the case of a foreign ship or a ship registered under the law of a relevant

 

territory, Northern Ireland waters.

 

(10)    

The condition referred to in subsection (1)(c), (4)(c) and (7)(c) is that—

 

(a)    

before the pursuit of the ship, a signal is given for it to stop, and

 

(b)    

the pursuit of the ship is not interrupted.

 

(11)    

The signal referred to in subsection (10)(a) must be given in such a way as to be

 

audible or visible from the ship.

 

(12)    

For the purposes of subsection (10)(b), pursuit is not interrupted by reason only

 

of the fact that—

 

(a)    

the method of carrying out the pursuit, or

 

(b)    

the identity of the ship or aircraft carrying out the pursuit,

 

    

changes during the course of the pursuit.

 

(13)    

Nothing in this Part affects any right of hot pursuit that a constable or an

 

enforcement officer may have under international law.”

 

Member’s explanatory statement

 

This New Clause sets out powers of hot pursuit, where law enforcement seek to pursue a suspected

 

vessel between waters adjacent to different jurisdictions within the UK or between UK waters and

 

international waters.

 



 
 

Notices of Amendments: 31 October 2014                  

700

 

Modern Slavery Bill, continued

 
 

Mark Durkan

 

NC12

 

Parliamentary Star - white    

To move the following Clause—

 

“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

 

Parliamentary Star - white    

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;


 
 

Notices of Amendments: 31 October 2014                  

701

 

Modern Slavery Bill, continued

 
 

(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

 

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.”

 



 
 

Notices of Amendments: 31 October 2014                  

702

 

Modern Slavery Bill, continued

 
 

Mark Durkan

 

NC14

 

Parliamentary Star - white    

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—

 

(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.

 


 

Stephen Barclay

 

Mr Frank Field

 

NC20

 

Parliamentary Star - white    

To move the following Clause—

 

“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—


 
 

Notices of Amendments: 31 October 2014                  

703

 

Modern Slavery Bill, continued

 
 

(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

 

Parliamentary Star - white    

To move the following Clause—

 

“Civil remedy

 

(1)    

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.

 

(2)    

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.

 


 

Mr David Burrowes

 

Fiona Bruce

 

Mark Durkan

 

132

 

Parliamentary Star - white    

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.”


 
 

Notices of Amendments: 31 October 2014                  

704

 

Modern Slavery Bill, continued

 
 

Mr David Burrowes

 

Fiona Bruce

 

135

 

Parliamentary Star - white    

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.”

 

Mr David Burrowes

 

Fiona Bruce

 

Mark Durkan

 

136

 

Parliamentary Star - white    

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

 

133

 

Parliamentary Star - white    

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

 

Mark Durkan

 

Stephen Barclay

 

143

 

Parliamentary Star - white    

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.”

 


 

Paul Blomfield

 

152

 

Parliamentary Star - white    

Page  2,  line  4,  leave out Clause 2.

 



 
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Revised 31 October 2014