Modern Slavery Bill

Amendments
to be moved
in committee

Clause 1

LORD BATES

 

Page 1, line 20, leave out “their age” and insert “the person being a child, the
person’s”

 

Page 1, line 21, at end insert—

“( )     The consent of a person (whether an adult or a child) to any of the acts
alleged to constitute holding the person in slavery or servitude, or
requiring the person to perform forced or compulsory labour, does not
preclude a determination that the person is being held in slavery or
servitude, or required to perform forced or compulsory labour.”

Clause 2

LORD BATES

 

Page 2, line 4, at end insert “(whether V is an adult or a child)”

Clause 41

LORD BATES

 

Page 31, line 38, after “Ministers” insert “, the Lord Advocate”

 

Page 32, line 5, leave out “or prosecution”

 

Page 32, line 6, at end insert—

“( )     The Lord Advocate may direct the Commissioner to omit from any report
before publication any material whose publication the Lord Advocate
thinks might prejudice the prosecution of an offence under the law of
Scotland.”

Clause 42

LORD BATES

 

Page 33, line 39, leave out “or prosecution”

 

Page 33, line 40, at end insert—

“( )     The Lord Advocate may remove from an annual report any material whose
publication the Lord Advocate thinks might prejudice the prosecution of
an offence under the law of Scotland.”

Clause 45

LORD BATES

 

Page 34, line 32, at end insert—

“( )   the person is aged 18 or over when the person does the act which
constitutes the offence,”

 

Page 34, line 33, leave out “the act which constitutes the offence” and insert “that
act”

 

Page 34, line 34, leave out “that act” and insert “it”

 

Page 34, line 39, leave out subsection (2)

 

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 have no realistic
alternative to doing that act.”

 

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;”

 

Page 35, line 10, leave out “Subsection (1) does” and insert “Subsections (1) and
(4A) do”

After Clause 46

LORD BATES

 

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
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

LORD MCCOLL OF DULWICH

 

Page 35, line 29, leave out from “trafficking” to end of line 36 and insert “or slavery
if the person who has parental responsibility for the child fulfils any of the
conditions in subsection (1D).

(1A)    The child trafficking advocate must be appointed as soon as any public
authority or relevant body has a reasonable suspicion to believe the child is
such a victim.

(1B)    The child trafficking advocate will have powers to appoint and instruct
legal representatives on behalf of the child in all matters relevant to the
interests of the child.

(1C)    The child trafficking advocate shall at a minimum have responsibilities
to—

(a)   advocate that all decisions relating to the child are made in the
child’s best interest;

(b)   ascertain the child’s wishes and feelings in relation to those
decisions;

(c)   advocate for the child to receive appropriate care, safe
accommodation, medical treatment, including psychological
assistance, education, translation and interpretation services as
required;

(d)   assist the child to access legal and other representation where
necessary;

(e)   consult with, advise and keep the child informed of legal rights;

(f)   keep the child informed of all relevant immigration, criminal,
compensation, community care, public law or other proceedings;

(g)   contribute to identification of a plan to safeguard and promote a
durable solution for the child based on an individual assessment of
that child’s best interests;

(h)   provide a link between the child and various statutory and other
bodies who may provide services to the child, accompanying the
child to any relevant meetings;

(i)   assist in establishing contact with the child’s family, where the child
so wishes and it is in the child’s best interests;

(j)   liaise with all professionals handling the child’s case including
immigration, police, social welfare, health, education and support
services; and

(k)   accompany the child wherever it is deemed appropriate to do so.

(1D)    Subsection (1) shall apply if the person who has parental responsibility for
the child—

(a)   is suspected of taking part in the trafficking of human beings;

(b)   has another conflict of interest with the child;

(c)   is not in contact with the child;

(d)   cannot be identified;

(e)   is in a country outside the United Kingdom; or

(f)   is a local authority.

(1E)    A child trafficking advocate must have completed the training required in
subsection (11) and may be—

(a)   an employee of a statutory body except for an employee of a local
authority;

(b)   an employee of a recognised charitable organisation; or

(c)   a volunteer for a recognised charitable organisation.

(1F)    A person discharging duties as a child trafficking advocate shall not
discharge any other statutory duties in relation to a child for whom they are
providing assistance under this section.

(1G)    The child trafficking advocate may request a public authority or relevant
body to co-operate with them in any way that the advocate considers
necessary and that is in the best interests of the child, and a public authority
or relevant body must so far as reasonably practicable comply with a
request made to it under this section.

(1H)    In subsection (1G), a “relevant body” means a person or organisation—

(a)   which provides services to the child;

(b)   to which a child makes an application for services;

(c)   to which the child needs access in relation to being a victim of
human trafficking or slavery; or

(d)   any court or tribunal that a child engages with.

(1I)    The Secretary of State shall by order—

(a)   set out the arrangements for the appointment of a child trafficking
advocate immediately after a child is identified as a potential victim
of trafficking in human beings;

(b)   set out requirements for the training courses to be completed before
a person may exercise functions as a child trafficking advocate;

(c)   set out the arrangements for the supervision of persons discharging
duties as a child trafficking advocate;

(d)   set out the arrangements for the provision of support services for
persons discharging duties as a child trafficking advocate; and

(e)   designate organisations as a “recognised charitable organisation”
for the purposes of this section.

(1J)    A person’s appointment as a child trafficking advocate for a particular
child under this section shall come to an end if—

(a)   the child reaches the age of 21; or

(b)   a durable solution for the child has been found based on an
individual assessment of the best interests of the child.”

Clause 50

LORD BATES

 

Page 36, line 39, leave out from beginning to “has” and insert “If a public authority
to which this section applies”

 

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.”

 

Page 37, line 1, leave out “The regulations” and insert “Regulations under
subsection (2)”

 

Page 37, line 7, leave out “The regulations” and insert “Regulations under
subsection (2)”

 

Page 37, line 9, leave out subsection (5) and insert—

“( )     The Secretary of State may by regulations specify the public authorities to
which this section applies.”

Clause 52

LORD BATES

 

Page 39, line 10, at end insert—

““child” means a person under the age of 18;”

Schedule 4

LORD BATES

 

Page 62, line 16, at end insert—

“Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)

9A     In Part 1 of Schedule 1 to the Legal Aid, Sentencing and Punishment of
Offenders Act 2012, in paragraph 32(8) (civil legal services for trafficking
victims: definitions), in the definition of “exploitation” for the words
from “section” to the end substitute “section 3 of the Modern Slavery Act
2014 (meaning of exploitation for purposes of human trafficking offence
in section 2 of that Act);”.”

Clause 57

LORD MCCOLL OF DULWICH

 

Page 41, line 13, leave out “may not” and insert “shall”

 

Page 41, line 16, leave out subsections (6) and (7)

Prepared 25th November 2014