House of Commons Public Bill Committee Proceedings

Session 2014 - 15
Internet Publications
Other Bills before Parliament

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withdrawn by the giving of a further notice in writing signed by a constable or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

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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.

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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”.

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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.”

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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.

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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.

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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



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