Territorial extent and application
10 Clause 56 sets out the territorial extent of the Bill.
11 The majority of the Bill’s provisions extend to England and Wales only (subject to some consequential amendments having the same extent as the provisions being amended), but certain provisions also extend to Scotland and Northern Ireland. The Human Trafficking offence provides for extra territorial jurisdiction over UK Nationals who commit trafficking offences overseas.
12 On being brought from the House of Commons, this Bill contains provisions that trigger the Sewel Convention. Those provisions relate to the maritime powers in Part 3 as they relate to Scotland and the remit of the Independent Anti-slavery Commissioner in Part 4 which includes devolved matters. The Sewel Convention provides that Westminster will not normally legislate with regard to devolved matters in Scotland without the consent of the Scottish Parliament. Insofar as these provisions relate to devolved matters, the Cabinet Secretary for Justice has confirmed that he will seek the necessary legislative consent motion.
13 Part 6 in relation to transparency in supply chains etc does extend to Scotland, but relates to reserved matters.
14 The following provisions of the Bill extend to Northern Ireland and relate, in whole or in part, to transferred matters:
· relevant provisions in Part 3 of the Bill relating to maritime powers in Northern Irish waters;
· relevant provisions in Part 4 of the Bill relating to the role of the Independent Anti-slavery Commissioner; and
· Part 6 of the Bill relating to transparency in supply chains etc.
15 Insofar as these provisions relate to transferred matters, the Northern Ireland Minister of Justice has confirmed that he will seek the necessary legislative consent motion.