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| |
| |
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| | (7) | A constable or an enforcement officer must give notice in writing to the master |
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| | of any ship detained under this paragraph. |
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| | (8) | The notice must state that the ship is to be detained until the notice is |
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| | withdrawn by the giving of a further notice in writing signed by a constable or |
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| | |
| | Power to search and obtain information |
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| | 21 (1) | This paragraph applies if a Northern Ireland constable or an enforcement |
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| | officer has reasonable grounds to suspect that there is evidence on the ship |
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| | (other than items subject to legal privilege) relating— |
|
| | (a) | to a listed offence, or |
|
| | (b) | to an offence that is connected with a listed offence. |
|
| | (2) | The constable or enforcement officer may search— |
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| | |
| | |
| | (c) | anything on the ship (including cargo). |
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| | (3) | The constable or enforcement officer may require a person on the ship to give |
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| | information about himself or herself or about anything on the ship. |
|
| | (4) | The power to search conferred by sub-paragraph (2)— |
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| | (a) | is only a power to search to the extent that it is reasonably required for |
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| | the purpose of discovering evidence of the kind mentioned in sub- |
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| | |
| | (b) | in the case of a search of a person, does not authorise a constable or an |
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| | enforcement officer to require the person to remove any clothing in |
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| | public other than an outer coat, jacket or gloves. |
|
| | (5) | In exercising a power conferred by sub-paragraph (2) or (3) a constable or an |
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| | |
| | |
| | (b) | require the production of documents, books or records relating to the |
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| | ship or anything on it (but not including anything the constable or |
|
| | officer has reasonable grounds to believe to be an item subject to legal |
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| | |
| | (c) | make photographs or copies of anything the production of which the |
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| | constable or officer has power to require. |
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| | (6) | The power in sub-paragraph (5)(b) to require the production of documents, |
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| | books or records includes, in relation to documents, books or records kept in |
|
| | electronic form, power to require the provision of the documents, books or |
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| | records in a form in which they are legible and can be taken away. |
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| | (7) | Sub-paragraph (5) is without prejudice to the generality of the powers |
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| | conferred by sub-paragraphs (2) and (3). |
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| | Power of arrest and seizure |
|
| | 22 (1) | This paragraph applies if a Northern Ireland constable or an enforcement |
|
| | officer has reasonable grounds to suspect that a listed offence has been, or is |
|
| | being, committed on the ship. |
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| | (2) | The constable or enforcement officer may arrest without warrant anyone |
|
| | whom the constable or officer has reasonable grounds for suspecting to be |
|
| | |
| | (3) | The constable or enforcement officer may seize and detain anything found on |
|
| | the ship which appears to the constable or officer to be evidence of the offence |
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|
|
| |
| |
|
| | (but not including anything that the constable or officer has reasonable grounds |
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| | to believe to be an item subject to legal privilege). |
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| | |
| | 23 (1) | The Department of Justice in Northern Ireland must prepare and issue a code |
|
| | in respect of the practice to be followed by Northern Ireland constables and |
|
| | enforcement officers when arresting a person under the power conferred by |
|
| | |
| | (2) | The code must in particular provide guidance as to the information to be given |
|
| | to the person at the time of arrest (whether about procedural rights or other |
|
| | |
| | (3) | A failure of a constable or an enforcement officer to comply with any provision |
|
| | of the code does not of itself render the constable or officer liable to any |
|
| | criminal or civil proceedings. |
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| | |
| | (a) | is admissible in evidence in criminal and civil proceedings, and |
|
| | (b) | may be taken into account by a court or tribunal in any case in which |
|
| | it appears to the court or tribunal to be relevant. |
|
| | (5) | The Department of Justice may at any time revise the whole or any part of the |
|
| | |
| | (6) | The code, or any revision of the code, does not come into operation until the |
|
| | |
| | (a) | lays a draft of the code, or revised code, before the Northern Ireland |
|
| | |
| | (b) | provides by order for the code, or revised code, to come into operation. |
|
| | (7) | An order bringing the code into operation may contain such transitional |
|
| | provisions or savings as appear to the Department of Justice to be necessary or |
|
| | |
| | (8) | An order under this paragraph is subject to negative resolution (within the |
|
| | meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 |
|
| | |
| | (9) | The power of the Department of Justice to make an order under this paragraph |
|
| | is exercisable by statutory rule for the purposes of the Statutory Rules |
|
| | (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)). |
|
| | |
| | 24 (1) | A Northern Ireland constable or an enforcement officer may— |
|
| | (a) | be accompanied by other persons, and |
|
| | (b) | take equipment or materials, |
|
| | | to assist the constable or officer in the exercise of powers under this Part of this |
|
| | |
| | (2) | A person accompanying a constable or an enforcement officer under sub- |
|
| | paragraph (1) may perform any of the constable’s or officer’s functions under |
|
| | this Part of this Schedule, but only under the constable’s or officer’s |
|
| | |
| | |
| | 25 | A Northern Ireland constable or an enforcement officer may use reasonable |
|
| | force, if necessary, in the performance of functions under this Part of this |
|
| | |
|
|
| |
| |
|
| | |
| | 26 | A Northern Ireland constable or an enforcement officer must produce evidence |
|
| | of the constable’s or officer’s authority if asked to do so. |
|
| | Protection of constables and enforcement officers |
|
| | 27 | A Northern Ireland constable or an enforcement officer is not liable in any |
|
| | criminal or civil proceedings for anything done in the purported performance |
|
| | of functions under this Part of this Schedule if the court is satisfied that— |
|
| | (a) | the act was done in good faith, and |
|
| | (b) | there were reasonable grounds for doing it. |
|
| | |
| | 28 (1) | A person commits an offence under the law of Northern Ireland if the person— |
|
| | (a) | intentionally obstructs a constable or an enforcement officer in the |
|
| | performance of functions under this Part of this Schedule, or |
|
| | (b) | fails without reasonable excuse to comply with a requirement made by |
|
| | a constable or an enforcement officer in the performance of those |
|
| | |
| | (2) | A person who provides information in response to a requirement made by a |
|
| | Northern Ireland constable or an enforcement officer in the performance of |
|
| | functions under this Part of this Schedule commits an offence under the law of |
|
| | |
| | (a) | the information is false in a material particular, and the person either |
|
| | knows it is or is reckless as to whether it is, or |
|
| | (b) | the person intentionally fails to disclose any material particular. |
|
| | (3) | A person guilty of an offence under this paragraph is liable— |
|
| | (a) | on summary conviction, to a fine not exceeding the statutory |
|
| | |
| | (b) | on conviction on indictment, to imprisonment for a term not exceeding |
|
| | 2 years or to a fine, or to both.” |
|
| |
| | |
| Schedule 4, page 50, leave out line 10 and insert— |
|
| | “(1) | The Prevention of Social Housing Fraud Act 2013 is amended as follows. |
|
| | (2) | In section 4(12)(d) (application of Powers of Criminal Courts (Sentencing) Act |
|
| | 2000 to unlawful profit orders)— |
|
| | (a) | for the words from “133(3)(c)” to “confiscation order or” substitute |
|
| | “133(3)(c)(ii) to an unlawful profit order under section 4 were to”; |
|
| | (b) | omit the second “(or both)”. |
|
| | |
|
|
| |
| |
|
| |
| |
| | |
| Title, line 2, after “an” insert “Independent” |
|
| New clauses and new schedules relating to the gangmasters licensing |
|
| |
| |
| |
| |
| |
| | Negatived on division NC1 |
|
| To move the following Clause— |
|
| | “Enabling provision to enable the Gangmasters Licensing Authority to tackle |
|
| | |
| | (1) | The Secretary of State may by order amend section 3 of the Gangmasters |
|
| | (Licensing) Act 2004 to include other areas of work where the Secretary of State |
|
| | believes abuse and exploitation of workers or modern slavery or trafficking may |
|
| | |
| | (2) | An order under subsection (1) may not be made unless a draft of the Statutory |
|
| | Instrument containing it has been laid before each House of Parliament and been |
|
| | approved by a resolution in each House.” |
|
| |
| |
| | |
| 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 |
|
| | |
| | (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 |
|
| | |
|
|
| |
| |
|
| | (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.” |
|
| |
| |
| |
| | |
| To move the following Clause— |
|
| | “Gangmasters: offences, financial transactions |
|
| | In the Gangmaster Licensing Act 2004 after section 13 (Offences: payments to or |
|
| | |
| | “13A | Offences: gangmasters, financial transactions |
|
| | (1) | This section applies to a person who is acting as a gangmaster in respect |
|
| | |
| | (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— |
|
| | (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 |
|
| | |
| | (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 |
|
| | |
| | (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 |
|
| | |
| | (6) | If a gangmaster pays a worker in breach of subsection (2), each of the |
|
| | following is guilty of an offence— |
|
| | |
| | (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 |
|
| | |
|
|
| |
| |
|
| | (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.” |
|
| |
| |
| |
| | |
| 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.”” |
|
| |
| |
| |
| | |
| 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 |
|
| | |
| | “(c) | investigate offences under section 1 of the Modern Slavery Act |
|
| | 2014, and related offences of fraud, where those offences |
|
| | |
| | (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 |
|
| | |
| | (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 |
|
| | |
| |
| new clauses and new schedules relating to overseas domestic workers |
|
| |
| |
| |
| |
| | Negatived on division NC2 |
|
| To move the following Clause— |
|
| | “Protection from slavery from overseas domestic workers |
|
| | (1) | All overseas and domestic workers, including those working for staff of |
|
| | diplomatic missions, shall be entitled to— |
|
| | (a) | change their employer (but not work sector) while in the United |
|
| | |
| | (b) | renew their domestic worker or diplomatic domestic worker visa for a |
|
| | period up to 12 months as long as they remain in employment and are |
|
| | able to support themselves adequately without recourse to public funds; |
|
| | |
| | (c) | a three month temporary visa permitting them to live in the United |
|
| | Kingdom for the purposes of seeking alternative employment as an |
|
| | overseas domestic worker where there is evidence that the worker has |
|
| | been a victim of modern slavery.” |
|
| |
| new clauses and new schedules relating to prostitution |
|
| |
| |
| |
| |
| |
| |
| | |
| To move the following Clause— |
|
| | “Procuring sex for payment |
|
| | (1) | A person commits an offence under this section if he or she procures sexual |
|
| | intercourse or any other sexual act, whether for himself or for another person, in |
|
| | |
| | (2) | A “payment” includes— |
|
| | (a) | payment that is promised or is given or promised by another person; and |
|
|