Session 2014 - 15
Internet Publications
Other Bills before Parliament


 
 

:                                             

228

 

, continued

 
 

      (7)  

A constable or an enforcement officer must give notice in writing to the master

 

of any ship detained under this paragraph.

 

      (8)  

The notice must state that the ship is to be detained until the notice is

 

withdrawn by the giving of a further notice in writing signed by a constable or

 

an enforcement officer.

 

Power to search and obtain information

 

21  (1)  

This paragraph applies if a Northern Ireland constable or an enforcement

 

officer has reasonable grounds to suspect that there is evidence on the ship

 

(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—

 

(a)    

the ship;

 

(b)    

anyone on the ship;

 

(c)    

anything on the ship (including cargo).

 

      (3)  

The constable or enforcement officer may require a person on the ship to give

 

information about himself or herself or about anything on the ship.

 

      (4)  

The power to search conferred by sub-paragraph (2)—

 

(a)    

is only a power to search to the extent that it is reasonably required for

 

the purpose of discovering evidence of the kind mentioned in sub-

 

paragraph (1), and

 

(b)    

in the case of a search of a person, does not authorise a constable or an

 

enforcement officer to require the person to remove any clothing in

 

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

 

enforcement officer may—

 

(a)    

open any containers;

 

(b)    

require the production of documents, books or records relating to the

 

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

 

privilege);

 

(c)    

make photographs or copies of anything the production of which the

 

constable or officer has power to require.

 

      (6)  

The power in sub-paragraph (5)(b) to require the production of documents,

 

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

 

records in a form in which they are legible and can be taken away.

 

      (7)  

Sub-paragraph (5) is without prejudice to the generality of the powers

 

conferred by sub-paragraphs (2) and (3).

 

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.

 

      (2)  

The constable or enforcement officer may arrest without warrant anyone

 

whom the constable or officer has reasonable grounds for suspecting to be

 

guilty of the offence.

 

      (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


 
 

:                                             

229

 

, continued

 
 

(but not including anything that the constable or officer has reasonable grounds

 

to believe to be an item subject to legal privilege).

 

Code of practice

 

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

 

paragraph 22.

 

      (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

 

matters).

 

      (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.

 

      (4)  

The code—

 

(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

 

code.

 

      (6)  

The code, or any revision of the code, does not come into operation until the

 

Department of Justice—

 

(a)    

lays a draft of the code, or revised code, before the Northern Ireland

 

Assembly, and

 

(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

 

expedient.

 

      (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

 

(c. 33 (N.I.))).

 

      (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)).

 

Assistants

 

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

 

Schedule.

 

      (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

 

supervision.

 

Reasonable force

 

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

 

Schedule.


 
 

:                                             

230

 

, continued

 
 

Evidence of authority

 

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.

 

Offences

 

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

 

functions.

 

      (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

 

Northern Ireland if—

 

(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

 

maximum;

 

(b)    

on conviction on indictment, to imprisonment for a term not exceeding

 

2 years or to a fine, or to both.”

 

Secretary Theresa May

 

Agreed to  130

 

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)”.

 

      (3)  

In the Schedule”.


 
 

:                                             

231

 

, continued

 
 

Secretary Theresa May

 

Mark Durkan

 

Agreed to  131

 

Title,  line  2,  after “an” insert “Independent”

 

New clauses and new schedules relating to the gangmasters licensing

 

authority

 

Mr David Hanson

 

Yvette Cooper

 

Diana Johnson

 

Phil Wilson

 

Negatived on division  NC1

 

To move the following Clause—

 

“Enabling provision to enable the Gangmasters Licensing Authority to tackle

 

modern day slavery

 

(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

 

be taking place.

 

(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.”

 


 

Stephen Barclay

 

Not called  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.”


 
 

:                                             

232

 

, continued

 
 

(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

 

Sir John Randall

 

Not called  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—

 

(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.


 
 

:                                             

233

 

, continued

 
 

(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

 

Sir John Randall

 

Not called  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.””

 


 

Stephen Barclay

 

Sir John Randall

 

Not called  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.


 
 

:                                             

234

 

, continued

 
 

(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.”

 


 

new clauses and new schedules relating to overseas domestic workers

 

Mr David Hanson

 

Yvette Cooper

 

Diana Johnson

 

Phil Wilson

 

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

 

Kingdom;

 

(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;

 

and

 

(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

 

Fiona Mactaggart

 

Fiona Bruce

 

Michael Connarty

 

Mark Durkan

 

Sir John Randall

 

Mike Kane

 

Not called  NC6

 

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

 

return for payment.

 

(2)    

A “payment” includes—

 

(a)    

payment that is promised or is given or promised by another person; and


 
previous section contents continue
 

© Parliamentary copyright
Revised 5 November 2014