Bill 184

House of Commons

Session 2014 - 15
Internet Publications
Other Bills before Parliament

Bill 184

5
40
Page 34, line 34, leave out “that act” and insert “it”
41
Page 34, line 39, leave out subsection (2)
42
Page 35, line 5, at end insert—

“(4A)
A person is not guilty of an offence if—

(a)
the person is under the age of 18 when the person does the act

which constitutes the offence,

(b)
the person does that act as a direct consequence of the person being,

or having been, a victim of slavery or a victim of relevant

exploitation, and

(c)
a reasonable person in the same situation as the person and having

the person’s relevant characteristics would do that act.”
43
Page 35, line 6, at beginning insert “For the purposes of this section—

“relevant characteristics” means age, sex and any physical or mental

illness or disability;”
44
Page 35, line 10, leave out “Subsection (1) does” and insert “Subsections (1) and

(4A) do”
After Clause 46
45
Insert the following new Clause—

“Civil legal aid for victims of slavery

(1)
Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act

2012 (availability of civil legal services) is amended as follows.

(2)
In Part 1 (services), after paragraph 32 insert—

“Victims of slavery, servitude or forced or compulsory labour

32A(1)
Civil legal services provided to an individual in relation to an

application by the individual for leave to enter, or to remain in,

the United Kingdom where—

(a)
there has been a conclusive determination that the

individual is a victim of slavery, servitude or forced or

compulsory labour, or

(b)
there are reasonable grounds to believe that the

individual is such a victim and there has not been a

conclusive determination that the individual is not such a

victim.

      (2)
Civil legal services provided in relation to a claim under

employment law arising in connection with the conduct by

virtue of which an individual who is a victim of slavery,

servitude or forced or compulsory labour is such a victim, but

only where—

(a)
the services are provided to the individual, or

(b)
the individual has died and the services are provided to

the individual’s personal representative.

      (3)
Civil legal services provided in relation to a claim for damages

arising in connection with the conduct by virtue of which an

6

individual who is a victim of slavery, servitude or forced or

compulsory labour is such a victim, but only where—

(a)
the services are provided to the individual, or

(b)
the individual has died and the services are provided to

the individual’s personal representative.


Exclusions

      (4)
Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of

this Schedule.

      (5)
Sub-paragraphs (2) and (3) are subject to—

(a)
the exclusions in Part 2 of this Schedule, with the

exception of paragraphs 1, 2, 3, 4, 5, 6 and 8 of that Part,

and

(b)
the exclusion in Part 3 of this Schedule.


Definitions

      (6)
For the purposes of sub-paragraph (1)(b) there are reasonable

grounds to believe that an individual is a victim of slavery,

servitude or forced or compulsory labour if a competent

authority has determined that there are such grounds.

      (7)
For the purposes of sub-paragraph (1) there is a conclusive

determination that an individual is or is not a victim of slavery,

servitude or forced or compulsory labour when a competent

authority concludes that the individual is or is not such a victim.

      (8)
For the purposes of this paragraph “slavery”, “servitude” and

“forced or compulsory labour” have the same meaning as they

have for the purposes of article 4 of the Human Rights

Convention.

      (9)
The “Human Rights Convention” means the Convention for the

Protection of Human Rights and Fundamental Freedoms, agreed

by the Council of Europe at Rome on 4 November 1950, as it has

effect for the time being in relation to the United Kingdom.

    (10)
The definitions of “competent authority”, “employment”,

“employment law” and “personal representative” in paragraph

32(8) also apply for the purposes of this paragraph.”

(3)
In Part 3 (advocacy: exclusion and exceptions), in paragraph 13 for “or

32(1)” substitute “, 32(1) or 32A(1)”.”
Clause 47
46
Page 35, line 27, after “persons (“” insert “independent”
47
Page 35, line 28, leave out “is reason” and insert “are reasonable grounds”
48
Page 35, line 36, at end insert—

“( )
A person appointed as an independent child trafficking advocate for a

child must promote the child’s well-being and act in the child’s best

interests.

( )
The advocate may (where appropriate) assist the child to obtain legal or

other advice, assistance and representation, including (where necessary)

7

by appointing and instructing legal representatives to act on the child’s

behalf.”
49
Page 35, line 37, leave out “may” and insert “must”
50
Page 35, line 37, after “about” insert “independent”
51
Page 35, line 38, leave out “may” and insert “the regulations must”
52
Page 35, line 40, leave out second “a” and insert “an independent”
53
Page 35, line 41, leave out second “a” and insert “an independent”
54
Page 35, line 42, at end insert—

“( )
requiring an independent child trafficking advocate to be

appointed for a child as soon as reasonably practicable, where there

are reasonable grounds to believe a child may be a victim of human

trafficking;”
55
Page 35, line 43, after “of” insert “independent”
56
Page 36, line 1, leave out from “authorities” to end of line 2 and insert “which

provide services or take decisions in relation to a child for whom an independent

child trafficking advocate has been appointed to—

(i)
recognise, and pay due regard to, the advocate’s functions,

and

(ii)
provide the advocate with access to such information

relating to the child as will enable the advocate to carry out

those functions effectively (so far as the authority may do so

without contravening a restriction on disclosure of the

information).”
57
Page 36, line 3, leave out subsection (5)
Clause 48
58
Page 36, line 14, leave out “is reason” and insert “are reasonable grounds”
59
Page 36, line 16, leave out “a person is to be treated as” and insert “there are

reasonable grounds to believe that a person may be”
60
Page 36, line 22, at end insert—

“( )
If the Secretary of State makes regulations under section (Regulations about

identifying and supporting victims), the references in subsection (1) to

“arrangements” include arrangements under the regulations.”
After Clause 48
61
Insert the following new Clause—


“Regulations about identifying and supporting victims

(1)
The Secretary of State may make regulations providing for assistance and

support to be provided to persons—

(a)
who there are reasonable grounds to believe may be victims of

slavery or human trafficking;

(b)
who are victims of slavery or human trafficking.

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(2)
The Secretary of State may make regulations providing for public

authorities to determine (for the purposes of regulations under subsection

(1) or other purposes specified in the regulations) whether—

(a)
there are reasonable grounds to believe that a person may be a

victim of slavery or human trafficking;

(b)
a person is a victim of slavery or human trafficking.

(3)
Regulations under subsection (2) may in particular make provision about

the public authorities who may make such determinations, and the criteria

and procedure for doing so.”
Clause 49
62
Page 36, line 26, leave out “reason” and insert “reasonable grounds”
63
Page 36, line 27, leave out “reason” and insert “reasonable grounds”
64
Page 36, line 34, leave out “there is reason” and insert “are, or who there are

reasonable grounds”
65
Page 36, line 35, after “in” insert—

“(a)
any regulations made under section (Regulations about identifying

and supporting victims)(1);

(b)
”
Clause 50
66
Page 36, line 39, leave out from beginning to “has” and insert “If a public authority

to which this section applies”
67
Page 36, line 40, leave out “reason” and insert “reasonable grounds”
68
Page 36, line 40, at end insert “it must notify—

(a)
the Secretary of State, or

(b)
if regulations made by the Secretary of State require it to notify a

public authority other than the Secretary of State, that public

authority.”
69
Page 37, line 1, leave out “The regulations” and insert “Regulations under

subsection (2)”
70
Page 37, line 7, leave out subsection (4) and insert—

“( )
Regulations under subsection (2)—

(a)
may provide that a public authority which includes information in

a notification in accordance with the regulations does not breach

any obligation of confidence owed by the public authority in

relation to that information;

(b)
may not require or authorise the inclusion of information which

contravenes any other restriction on the disclosure of information

(however imposed).”
71
Page 37, line 9, leave out subsection (5) and insert—

“(5)
This section applies to—

(a)
a chief officer of police for a police area,

(b)
the chief constable of the British Transport Police Force,

(c)
the National Crime Agency,

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(d)
a county council,

(e)
a county borough council,

(f)
a district council,

(g)
a London borough council,

(h)
the Greater London Authority,

(i)
the Common Council of the City of London,

(j)
the Council of the Isles of Scilly,

(k)
the Gangmasters Licensing Authority.

(6)
The Secretary of State may by regulations amend subsection (5) so as to—

(a)
add or remove a public authority;

(b)
amend the entry for a public authority.”
After Clause 50
72
Insert the following new Clause—

“Protection from slavery for overseas domestic workers

All overseas domestic workers in the United Kingdom, 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,

each such renewal being for a period not exceeding twelve months,

as long as they remain in employment and are able to support

themselves 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.”
Clause 51
73
Page 37, line 27, at end insert—

“( )
An organisation’s slavery and human trafficking statement may include

information about—

(a)
the organisation’s structure, its business and its supply chains;

(b)
its policies in relation to slavery and human trafficking;

(c)
its due diligence processes in relation to slavery and human

trafficking in its business and supply chains;

(d)
the parts of its business and supply chains where there is a risk of

slavery and human trafficking taking place, and the steps it has

taken to assess and manage that risk;

(e)
its effectiveness in ensuring that slavery and human trafficking is

not taking place in its business or supply chains, measured against

such performance indicators as it considers appropriate;

(f)
the training about slavery and human trafficking available to its

staff.

( )
A slavery and human trafficking statement—

(a)
if the organisation is a body corporate other than a limited liability

partnership, must be approved by the board of directors (or

10

equivalent management body) and signed by a director (or

equivalent);

(b)
if the organisation is a limited liability partnership, must be

approved by the members and signed by a designated member;

(c)
if the organisation is a limited partnership registered under the

Limited Partnerships Act 1907, must be signed by a general partner;

(d)
if the organisation is any other kind of partnership, must be signed

by a partner.”
74
Page 38, line 1, leave out second “guidance” and insert “further provision”
75
Page 38, line 26, leave out paragraph (ii) and insert—

“(ii)
section 1, 2 or 4 of the Human Trafficking and

Exploitation (Criminal Justice and Support for

Victims) Act (Northern Ireland) 2015 (c. 2 (N.I.))

(equivalent offences in Northern Ireland),”
76
Page 38, line 32, leave out paragraph (v)
Before Clause 52
77
Insert the following new Clause—


“Gangmasters Licensing Authority

The Secretary of State must—

(a)
before the end of the period of 12 months beginning with the day

on which this Act is passed, publish a paper on the role of the

Gangmasters Licensing Authority, and

(b)
consult such representative bodies and other persons as the

Secretary of State considers appropriate about the matters dealt

with by that paper.”
Clause 52
78
Page 39, line 10, at end insert—

““child” means a person under the age of 18;”
Clause 54
79
Page 39, line 38, at end insert—

“( )
regulations under section 43(8) which remove a public authority

from Schedule (Public authorities under a duty to co-operate with the

Commissioner) (public authorities under a duty to co-operate with

the Commissioner), other than in consequence of the authority

having ceased to exist;”
80
Page 39, line 38, at end insert—

“( )
regulations under section 43(8) which contain the provision

mentioned in section 43(9) (modification of section 43 in its

application to public authority added to Schedule (Public authorities

under a duty to co-operate with the Commissioner);”
81
Page 39, line 40, at end insert—

“( )
regulations under section (Regulations about identifying and

supporting victims) (identifying and supporting victims);”