Modern Slavery Bill

Amendments
to be moved
in committee

Clause 1

BARONESS HAMWEE

LORD DHOLAKIA

 

Page 1, line 19, after “circumstances” insert “or characteristics”

 

Page 1, line 20, leave out “such as” and insert “including”

 

Page 1, line 20, after “relationships,” insert “experiences”

 

Page 1, line 20, after “illness” insert “or disability”

After Clause 1

BARONESS DOOCEY

LORD WARNER

THE LORD BISHOP OF DERBY

LORD PATEL

 

Insert the following new Clause—

“Offence of child exploitation

(1)     A person who exploits a child commits an offence.

(2)     Where the exact age of the child cannot be determined, it shall nonetheless
be an offence under subsection (1) to exploit a person if the accused
believed, or had reasonable grounds for believing, that the person
exploited was under 18.

(3)     It shall be an offence even if there was no threat or use of violence, or other
form of coercion, deception or any abuse of a position of vulnerability.

(4)     Exploitation means the exploitation of the prostitution of others or other
forms of sexual exploitation, forced labour or services, including begging,
slavery or practices similar to slavery, servitude, or the exploitation of
criminal activities, or the removal of organs.

(5)     A child may be in a situation of exploitation whether or not—

(a)   escape from the situation is practically possible for the child; or

(b)   the child has attempted to escape from the situation.

(6)     Where the person exploited is a child, the consent or apparent consent to
the exploitation of the child, or of any person having lawful authority over
the child, is irrelevant.”

Clause 3

BARONESS HAMWEE

LORD DHOLAKIA

 

Page 2, line 29, at end insert “or if an action falling within any of those subsections
is planned or is in contemplation”

After Clause 4

LORD HYLTON

 

Insert the following new Clause—

“Access to an employment tribunal

It shall be an offence to deny access to an employment tribunal to a person
entering the United Kingdom on a visa restricting the person to a single
employer.”

LORD JAMES OF BLACKHEATH

 

Insert the following new Clause—

“Forced child migration

(1)     A person commits an offence if the person arranges or facilitates the travel
of a child (“C”) with a view to transferring C’s permanent residence unless
the person reasonably believes that—

(a)   C’s parent or guardian consent,

(b)   it is necessary for securing compliance with an order under section
8 of the Children Act 1989, or

(c)   it is necessary for securing compliance with an order of a court in a
foreign jurisdiction.

(2)     For the purposes of subsection (1) “permanent residence” shall not include
any detention under a sentence that is imposed by a court after a conviction
for a criminal offence.

(3)     A person may in particular arrange or facilitate C’s travel by transporting
or transferring C, harbouring or receiving C, or transferring or exchanging
control over C.

(4)     A person arranges or facilitates C’s travel with a view to transferring C’s
permanent residence only if the person knows or ought to know that C is
travelling in order to live for a substantial or indeterminate period of time
in a different location to the one in which C lived before the travel.

(5)     “Travel” has the same meaning as in section 2.

(6)     A person who is a UK national commits an offence under this section
regardless of—

(a)   where the arranging or facilitating takes place, or

(b)   where the travel takes place.

(7)     A person who is not a UK national commits an offence under this section
if—

(a)   any part of the arranging or facilitating takes place in the United
Kingdom, or

(b)   the travel consists of arrival in or entry into, departure from, or
travel within, the United Kingdom.

(8)     For the purposes of this section, “a person” shall include a public body.”

After Clause 7

LORD ALTON OF LIVERPOOL

 

Insert the following new Clause—

“Proceeds of crime: MSV Fund

(1)     The Secretary of State shall by regulations establish the Modern Slavery
Victims’ Fund (“MSV Fund”) to receive and distribute the proceeds
referred to under subsection (2) which have been recovered under a
confiscation order, where that order is made in respect of a person who has
been convicted of an offence under section 1, 2 or 4.

(2)     The MSV Fund shall receive no less than 50 per cent of any money
recovered under a confiscation order.

(3)     Subject to subsection (4), the proceeds referred to under subsection (2) shall
be distributed by the MSV Fund as follows—

(a)   50 per cent of the proceeds shall be distributed as compensation to
the person or persons identified as victims of slavery or victims of
human trafficking;

(b)   25 per cent of the proceeds shall be distributed to the charities or
other organisations listed in the regulations, which provide
services, assistance, support and protection to victims of slavery
and victims of human trafficking; and

(c)   25 per cent of the proceeds shall be distributed to the organisations
listed in the regulations, whose purpose is to prevent slavery,
servitude and forced or compulsory labour or to help to investigate
or prosecute people who commit offences under this Act.

(4)     For the purposes of any distribution under subsection (3)—

(a)   for victims of slavery or victims of human trafficking under
paragraph (a), the monies paid—

(i)   shall be distributed equally between those persons who
have been directly identified as the victims of slavery or
victims of human trafficking to whom the conviction
referred to under subsection (1) relates; and

(ii)   shall not be reduced or diminished by reference to any other
compensation that such person or persons may receive from
other sources,

(b)   for the charities and organisations referred to in paragraphs (b) and
(c), the monies paid shall be distributed equally between those
charities and organisations.

(5)     The regulations referred to in subsection (1) shall provide rules
determining the composition, management and financial accountability of
the MSV Fund together with such other provisions that the Secretary of
State may consider necessary for the exercise of its functions.

(6)     The Secretary of State must appoint the Commissioner as a member of the
management board of the MSV Fund.

(7)     Before making any regulations under this section the Secretary of State
shall consult such persons as he thinks fit.

(8)     Regulations under this section shall not be made unless a draft of them has
been laid before and approved by a resolution of each House of Parliament.

(9)     In this section—

“the Assets Recovery Agency” means the Agency referred to in
section 1 of the Proceeds of Crime Act 2002;

“the Commissioner” means the Independent Anti-slavery
Commissioner appointed under section 40;

“confiscation order” means a confiscation order under section 6 of the
Proceeds of Crime Act 2002.”

Clause 10

BARONESS HAMWEE

LORD DHOLAKIA

 

Page 6, line 17, at end insert—

“( )     The court may make a compensation order in respect of any personal
injury, loss or damage resulting from any offence other than a relevant
offence which is taken into consideration by the court in determining
sentence.”

Clause 14

BARONESS HAMWEE

LORD DHOLAKIA

 

Page 10, line 4, after “satisfied” insert “beyond reasonable doubt”

 

Page 10, line 14, at end insert “and notwithstanding the repeal of the offence
following the conviction or finding”

Clause 15

BARONESS HAMWEE

LORD DHOLAKIA

 

Page 10, line 19, leave out paragraph (b)

 

Page 11, line 1, leave out “an immigration officer or”

 

Page 11, line 2, leave out “the officer or”

 

Page 11, line 6, leave out “an immigration officer or”

 

Page 11, line 7, leave out “the officer or”

Clause 17

BARONESS HAMWEE

LORD DHOLAKIA

 

Page 12, line 9, at end insert—

“( )     The Secretary of State shall by regulations specify the prohibitions which
may be included in an order (including an interim order) or any variation
of it.”

Clause 19

BARONESS HAMWEE

LORD DHOLAKIA

 

Page 13, line 36, leave out “or an immigration officer”

 

Page 13, line 36, leave out “or the officer”

Clause 20

BARONESS HAMWEE

LORD DHOLAKIA

 

Page 14, line 11, leave out paragraph (e)

 

Page 15, line 1, leave out “an immigration officer or”

 

Page 15, line 2, leave out “the officer or”

 

Page 15, line 5, leave out “the immigration officer or”

Clause 23

BARONESS HAMWEE

LORD DHOLAKIA

 

Page 16, line 41, leave out paragraph (b)

 

Page 17, line 1, after “satisfied” insert “beyond reasonble doubt”

 

Page 17, line 21, leave out “an immigration officer or”

 

Page 17, line 22, leave out “the officer or”

 

Page 17, line 26, leave out “an immigration officer or”

 

Page 17, line 28, leave out “officer or”

Clause 24

BARONESS HAMWEE

LORD DHOLAKIA

 

Page 17, line 34, at end insert—

“( )     The Secretary of State shall by regulations specify the prohibitions which
may be included in an order (including an interim order) or any variation
of it.”

Clause 26

BARONESS HAMWEE

LORD DHOLAKIA

 

Page 19, line 13, leave out “or an immigration officer”

 

Page 19, line 13, leave out “or the officer”

Clause 27

BARONESS HAMWEE

LORD DHOLAKIA

 

Page 19, line 33, leave out paragraph (e)

 

Page 20, line 18, leave out “an immigration officer or”

 

Page 20, line 19, leave out “the officer or”

 

Page 20, line 22, leave out “the immigration officer or”

Clause 33

BARONESS HAMWEE

LORD DHOLAKIA

 

Page 23, line 6, leave out “immigration officers”

Clause 40

LORD WARNER

LORD PATEL

 

Page 30, line 26, leave out subsections (3) and (4) and insert—

“(3)     The Secretary of State shall pay remuneration and allowances to the
Commissioner, and—

(a)   shall before the beginning of each financial year specify a maximum
sum which the Commissioner may spend on functions for that year,

(b)   may permit that to be exceeded for a specified purpose, and

(c)   shall defray the Commissioner’s expenditure for each financial year
subject to paragraphs (a) and (b).

(4)     The Commissioner may appoint staff and secure accommodation,
equipment and other facilities, within the financial limits under subsection
(3).”

Clause 41

LORD WARNER

 

Page 31, line 2, leave out subsections (1) and (2) and insert—

“(3)     The Commissioner must encourage best practice in—

(a)   the prevention of modern slavery;

(b)   the identification and protection of victims;

(c)   the prosecution of perpetrators of modern slavery;

(d)   the promotion of co-operation and partnerships to meet paragraphs
(a) to (c).”

BARONESS COX

 

Page 31, line 2, after “practice” insert “, both in the United Kingdom and
throughout the world,”

LORD WARNER

 

Page 31, line 29, leave out paragraph (f) and insert—

“(f)   engaging with international commissioners or equivalent persons;

(g)   engaging with and making recommendations to persons and
organisations involved in the prevention of modern slavery and
protection of victims.”

BARONESS COX

 

Page 32, line 17, at end insert—

“(10)    The Commissioner must monitor slavery and human trafficking taking
place around the world, and to enable him to do so the Secretary of State
shall require each embassy and high commission of the United Kingdom to
submit an annual report on slavery and human trafficking in its area of
operation to the Commissioner.

(11)     Each annual report under subsection (10) shall set out, in respect of the
relevant area of operation—

(a)   the extent and nature of slavery and human trafficking;

(b)   any legislative and enforcement measures in place;

(c)   details of any care, rehabilitation and reintegration of victims;

(d)   any relevant initiatives supported by the United Kingdom
Government; and

(e)   any relevant activities of international bodies or non-governmental
organisations.”

Clause 42

BARONESS COX

 

Page 32, line 35, at end insert “including the annual reports submitted by
embassies and high commissions of the United Kingdom”

 

Page 33, line 11, at end insert—

“( )   a statement of the nature and extent of slavery and human
trafficking both in the United Kingdom and in the areas about
which the Commissioner has received reports from embassies and
high commissions of the United Kingdom.”

Clause 43

BARONESS COX

 

Page 34, line 15, at end insert—

“( )     For the purposes of this section, “specified public authority” shall also
include all embassies and high commissions of the United Kingdom.”

Prepared 26th November 2014