House of Commons Public Bill Committee Proceedings

Session 2014 - 15
Internet Publications
Other Bills before Parliament

:
214

, continued

Secretary Theresa May

Agreed to  52

Clause  38,  page  28,  line  17,  at end insert—

“(9A)
The Scottish Ministers must lay before the Scottish Parliament—

(a)
any strategic plan the Secretary of State approves, and,

(b)
any annual report they receive,


and must do so as soon as reasonably practicable after receiving the plan or the

report.

(9B)
The Department of Justice in Northern Ireland must lay before the Northern

Ireland Assembly—

(a)
any strategic plan the Secretary of State approves, and

(b)
any annual report it receives,


and must do so as soon as reasonably practicable after receiving the plan or the

report.

(9C)
An annual report laid under any of subsections (9) to (9B) must not contain

material removed from the report under any of subsections (10) to (12).”

Secretary Theresa May

Agreed to  53

Clause  38,  page  28,  line  18,  leave out from beginning to “report” in line 19 and

insert “The Secretary of State may remove from an annual”

Secretary Theresa May

Agreed to  54

Clause  38,  page  28,  line  22,  after “person” insert “in England and Wales”

Secretary Theresa May

Agreed to  55

Clause  38,  page  28,  line  23,  at end insert “under the law of England and Wales”

Secretary Theresa May

Agreed to  56

Clause  38,  page  28,  line  23,  at end insert—

“(11)
The Scottish Ministers may remove from an annual report any material whose

publication the Scottish Ministers think—

(a)
might jeopardise the safety of any person in Scotland, or

(b)
might prejudice the investigation or prosecution of an offence under the

law of Scotland.

(12)
The Department of Justice in Northern Ireland may remove from an annual report

any material whose publication the department thinks—

(a)
might jeopardise the safety of any person in Northern Ireland, or

(b)
might prejudice the investigation or prosecution of an offence under the

law of Northern Ireland.”

Secretary Theresa May

Agreed to  57

Clause  39,  page  28,  line  37,  leave out from “made” to end of line 38 and insert “for

the purposes of this section.

:
215

, continued

( )
The power to make regulations under subsection (5) is exercisable—

(a)
in relation to a public authority having only functions which are

exercisable in or as regards Scotland, by the Scottish Ministers,

(b)
in relation to a public authority having only functions which are

exercisable in or as regards Northern Ireland, by the Department of

Justice in Northern Ireland, and

(c)
in relation to any other public authority, by the Secretary of State.”

Mark Durkan

Not called  138

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.”

Secretary Theresa May

Agreed to  58

Clause  43,  page  30,  line  2,  leave out “may make arrangements” and insert “must

make such arrangements as the Secretary of State considers reasonable”

Fiona Bruce

Not called  146

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;

(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;

:
216

, continued

(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;

(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.

:
217

, continued

(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.”

Secretary Theresa May

Agreed to  59

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

“(4A)
A person exercising the functions of a child trafficking advocate in relation to a

child must act in the child’s best interests.”

Mr David Burrowes

Fiona Bruce

Sarah Teather

Mark Durkan

Not called  137

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.”

Secretary Theresa May

Agreed to  60

Clause  47,  page  32,  leave out line 5

Secretary Theresa May

Agreed to  61

Clause  49,  page  32,  line  18,  after “regulations” insert “made by the Secretary of

State”

Secretary Theresa May

Agreed to  62

Clause  49,  page  32,  line  29,  at end insert—

“( )
regulations under section (Transparency in supply chains etc)(2);”

Secretary Theresa May

Agreed to  63

Clause  49,  page  32,  line  31,  at end insert—

:
218

, continued

“( )
Regulations made by the Scottish Ministers under section 39 are subject to the

negative procedure.

( )
The power of the Department of Justice in Northern Ireland to make regulations

under section 39 is exercisable by statutory rule for the purposes of the Statutory

Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

( )
Regulations made by the Department of Justice in Northern Ireland under section

39 are subject to negative resolution (within the meaning of section 41(6) of the

Interpretation (Northern Ireland) Act 1954 (c. 33 (N.I.))).”

Secretary Theresa May

Agreed to  64

Clause  49,  page  32,  line  32,  leave out “by the Secretary of State”

Secretary Theresa May

Agreed to  65

Clause  51,  page  33,  line  4,  leave out “This Act extends” and insert “Parts 1, 2 and

4 extend”

Secretary Theresa May

Agreed to  66

Clause  51,  page  33,  line  4,  at end insert—

“( )
Part 2A extends as follows—

(a)
section (Enforcement powers in relation to ships) extends to England and

Wales only;

(b)
section (Enforcement powers in relation to ships: Scotland) extends to

Scotland only;

(c)
section (Enforcement powers in relation to ships: Northern Ireland)

extends to Northern Ireland only;

(d)
sections (Hot pursuit of ships in United Kingdom waters) and

(Interpretation of Part 2A), and Schedule 1, extend to England and

Wales, Scotland and Northern Ireland.”

Secretary Theresa May

Agreed to  67

Clause  51,  page  33,  line  4,  at end insert—

“( )
Parts 3, 4A and 5 extend to England and Wales, Scotland and Northern Ireland,

subject to subsections (2) and (3).”

Sarah Teather

John McDonnell

Not called  144

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

:
219

, continued

Sarah Teather

John McDonnell

Not called  145

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.”

Secretary Theresa May

Agreed to  68

Clause  52,  page  33,  line  23,  at end insert—

“( )
Before making regulations bringing into force any of the provisions of Part 2A,

the Secretary of State must consult—

(a)
the Scottish Ministers, so far as the provisions extend to Scotland;

(b)
the Department of Justice in Northern Ireland, so far as the provisions

extend to Northern Ireland.”

Secretary Theresa May

Agreed to  69

Clause  52,  page  33,  line  23,  at end insert—

“(3A)
The Secretary of State may not make regulations under subsection (1) bringing

section 43(1) to (4A) (or any part of it) into force before the end of the period of

9 months beginning with the day on which this Act is passed.

(3B)
After the end of that period—

(a)
if a resolution is passed by each House of Parliament that section 43(1)

to (4A) (or any part of it) should come into force, the Secretary of State

must make regulations under subsection (1) bringing into force that

section (or that part of it);

(b)
the Secretary of State may not make regulations under subsection (1)

bringing into force section 43(1) to (4A) (or any part of it) unless required

to do so by paragraph (a).

(3C)
Regulations made by virtue of subsection (3B)(a) must bring into force section

43(1) to (4A) (or the part of it specified in the resolutions) before the end of the

period of one month beginning with the day on which the resolutions are passed

(or, if they are passed on different days, the day on which the later of them is

passed).”

Secretary Theresa May

Agreed to  70

Schedule  1,  page  34,  line  5,  after “This” insert “Part of this”

Secretary Theresa May

Agreed to  71

Schedule  1,  page  34,  line  5,  after “by” insert “English and Welsh constables and”

Secretary Theresa May

Agreed to  72

Schedule  1,  page  34,  line  6,  at end insert “and (Hot pursuit of ships in United

:
220

, continued

Kingdom waters)(1)”

Secretary Theresa May

Agreed to  73

Schedule  1,  page  34,  line  7,  after “In” insert “this Part of”

Secretary Theresa May

Agreed to  74

Schedule  1,  page  34,  line  11,  at beginning insert “Part of this”

Secretary Theresa May

Agreed to  75

Schedule  1,  page  34,  line  13,  after “if” insert “an English and Welsh constable or”

Secretary Theresa May

Agreed to  76

Schedule  1,  page  34,  line  19,  after “The” insert “constable or”

Secretary Theresa May

Agreed to  77

Schedule  1,  page  34,  line  25,  after “before” insert “a constable or”

Secretary Theresa May

Agreed to  78

Schedule  1,  page  34,  line  27,  leave out “England and Wales” and insert “the United

Kingdom”

Secretary Theresa May

Agreed to  79

Schedule  1,  page  34,  line  29,  after “State” insert “or relevant territory”

Secretary Theresa May

Agreed to  80

Schedule  1,  page  34,  line  30,  after first “the” insert “constable or”

Secretary Theresa May

Agreed to  81

Schedule  1,  page  34,  line  31,  after first “the” insert “constable or enforcement”

Secretary Theresa May

Agreed to  82

Schedule  1,  page  34,  line  32,  after “home state” insert “or relevant territory”

Secretary Theresa May

Agreed to  83

Schedule  1,  page  34,  line  33,  after “home state” insert “or relevant territory”

Secretary Theresa May

Agreed to  84

Schedule  1,  page  34,  line  33,  after “State” insert “or relevant territory”



© Parliamentary copyright	Revised 5 November 2014