Modern Slavery Bill

marshalled
list of Amendments
to be moved
in committee

The amendments have been marshalled in accordance with the Instruction of 25th November 2014, as follows—

Clauses 1 to 14
Schedule 3
Schedule 1
Clauses 46 to 53
Clauses 15 to 37
Schedule 4
Schedule 2
Clauses 54 to 58
Clauses 38 to 45

[Amendments marked * are new or have been altered]

Before Clause 1

LORD ROSSER

BARONESS ROYALL OF BLAISDON

1*

Insert the following new Clause—

“Victims of modern slavery: general duty

(1)     In interpreting the provisions of this Act, courts must have regard to the
best interests of a victim of slavery or trafficking.

(2)     In exercising their powers and duties under the provisions of this Act,
public authorities and the Secretary of State must have regard to the best
interests of a victim of slavery, trafficking, or exploitation.

(3)     In performing the duties under subsections (1) or (2), courts, public
authorities and the Secretary of State must have particular regard to the
personal circumstances of the victim including but not limited to—

(a)   the victim’s age,

(b)   the victim’s gender,

(c)   the victim’s ethnicity and background,

(d)   whether the victim has a physical or mental disability; and

(e)   other relevant characteristics relating to the victim’s vulnerability.”

Clause 1

BARONESS HAMWEE

LORD DHOLAKIA

2

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

3

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

LORD BATES

4

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

BARONESS HAMWEE

LORD DHOLAKIA

5

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

6

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

LORD BATES

7

Page 1, line 21, at end insert—

“(5)     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.”

LORD ROSSER

BARONESS ROYALL OF BLAISDON

8*

Page 1, line 21, at end insert—

“(5)     The consent or apparent consent of a person to the acts referred to in
subsection (1) shall be irrelevant.”

After Clause 1

BARONESS DOOCEY

LORD WARNER

THE LORD BISHOP OF DERBY

LORD PATEL

9

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 2

BARONESS GOUDIE

10*

Page 2, line 2, leave out “arranges or facilitates the travel of” and insert “recruits,
transports or transfers, harbours or receives, or transfers or exchanges control
over”

11*

Page 2, line 3, after “(“V”)” insert “by means of the threat or use of force or other
forms of coercion, of abduction, of fraud, of deception, of the abuse of power or
abuse of a position of vulnerability, or of the giving or receiving of payments or
benefits to achieve the consent of a person having control over another person,”

12*

Page 2, line 4, leave out “travel” and insert “acts referred to in subsection (1) or to
the exploitation where any of the means set forth in that subsection have been
used”

LORD BATES

13

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

BARONESS GOUDIE

14*

Page 2, line 5, leave out subsection (3)

15*

Page 2, line 8, leave out “arranges or facilitates V’s travel” and insert “does any of
the acts listed in subsection (1)”

16*

Page 2, line 10, leave out “during or after the travel”

17*

Page 2, line 13, leave out “during or after the travel”

18*

Page 2, line 14, leave out subsection (5)

19*

Page 2, line 20, leave out “arranging or facilitating takes” and insert “acts and
means listed in subsection (1) take”

20*

Page 2, line 21, leave out paragraph (b)

21*

Page 2, line 23, leave out “arranging or facilitating takes” and insert “acts and
means listed in subsection (1) take”

22*

Page 2, line 25, leave out paragraph (b)

LORD ROSSER

BARONESS ROYALL OF BLAISDON

23*

Leave out Clause 2 and insert the following new Clause—

“Human trafficking

(1)     A person commits an offence of human trafficking if the person recruits,
transports, transfers, harbours or receives another person including by
exchange or transfer of control over that other person—

(a)   by any of the means listed in subsection (2); and

(b)   the person knows or ought to know that the purpose of their acts is
the exploitation of that other person.

(2)     The means referred to in subsection (1)(a) are—

(a)   the threat or use of force or other forms of coercion;

(b)   abduction;

(c)   fraud;

(d)   deception;

(e)   the abuse of power or of a position of vulnerability;

(f)   the giving or receiving of payments or benefits.

(3)     The consent or apparent consent of the other person to the acts referred to
in this section is irrelevant.”

After Clause 2

LORD ROSSER

BARONESS ROYALL OF BLAISDON

24*

Insert the following new Clause—

“Offence of child trafficking

(1)     A person commits an offence of child trafficking if the person—

(a)   recruits, transports, transfers, harbours or receives a child including
by exchange or transfer of control over a child; and

(b)   the person knows or ought to know that the purpose of their acts
under paragraph (a) is for the exploitation of a child.

(2)     The consent or apparent consent of the child to the acts referred to in
paragraph (a) or to the exploitation is irrelevant.”

25*

Insert the following new Clause—

“Offence of exploitation

(1)     A person commits an offence of exploitation if the person exploits another
person by any of the means listed in subsection (2).

(2)     The means referred to in subsection (1) are—

(a)   the threat or use of force, other forms of coercion;

(b)   abduction;

(c)   fraud;

(d)   deception;

(e)   the abuse of power or of a position of vulnerability;

(f)   the giving or receiving of payments or benefits.

(3)     A person may be in a situation of exploitation whether or not—

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

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

(4)     The consent or apparent consent of the other person to the exploitation is
irrelevant.”

26*

Insert the following new Clause—

“Offence of child exploitation

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

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

(3)     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.

(4)     The consent or apparent consent of the child to the exploitation is
irrelevant.

(5)     “Child exploitation” includes but is not limited to—

(a)   the exploitation of the prostitution of others or other forms of sexual
exploitation;

(b)   the exploitation of labour or services including begging or practices
similar to slavery, servitude or forced or compulsory labour;

(c)   the exploitation of or for criminal activities including benefit fraud;

(d)   the removal of organs;

(e)   forced or servile marriage or enforced surrogacy;

(f)   exploitation for unlawful adoption; and

(g)   exploitation by enforced drugs smuggling, manufacture,
production or distribution.”

Clause 3

BARONESS HAMWEE

LORD DHOLAKIA

27

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

LORD ROSSER

BARONESS ROYALL OF BLAISDON

 


The above-named Lords give notice of their intention to oppose the Question that Clause 3
stand part of the Bill.

After Clause 4

LORD HYLTON

28

Insert the following new Clause—

“Access to employment tribunals

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

29

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.”

BARONESS YOUNG OF HORNSEY

30

Insert the following new Clause—

“Legal liability for the beneficiaries of slavery

(1)     The Secretary of State shall within six months of the coming into force of
this Act make regulations to ensure that a person benefiting from an
offence under section 1 or 2 of this Act committed by a third party shall
have committed an offence where—

(a)   the third party acted for that person’s benefit, and

(b)   that person’s lack of supervision or control made possible the
committing of the offence by the third party.

(2)     Regulations under subsection (1) shall be made by statutory instrument
and shall not be made unless a draft has been laid before and approved by
each House of Parliament.”

LORD MCCOLL OF DULWICH

31*

Insert the following new Clause—

“Paying for sexual services

(1)     The Sexual Offences Act 2003 is amended as follows.

(2)     For section 53A (paying for sexual services of a prostitute subjected to force
etc) substitute—

“53A           Paying for sexual services of a person

(1)     A person (A) commits an offence if A obtains sexual services from
a person (B) in exchange for payment—

(a)   if the payment is made or promised by A; or

(b)   if the payment is made or promised by a third party.

(2)     A person guilty of an offence under this section is liable—

(a)   on summary conviction to imprisonment for a term not
exceeding 6 months or a fine not exceeding level 3 on the
standard scale, or both;

(b)   on conviction on indictment to imprisonment for a term not
exceeding one year or a fine not exceeding the statutory
maximum, or both.

(3)     For the avoidance of doubt, person B is not guilty of aiding, abetting
or counselling the commission of an offence under this section.”

(3)     The Secretary of State shall, at least once in every year, publish a strategy,
to ensure that a programme of assistance and support is made available to
a person who wishes to leave prostitution.”

After Clause 7

LORD ALTON OF LIVERPOOL

BARONESS COX

LORD HYLTON

32

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.”

LORD WARNER

LORD ROSSER

33*

Insert the following new Clause—

“Recovering the proceeds of crime: consultation

(1)     The Secretary of State shall consult on ways to strengthen and improve the
legal framework in relation to the recovery and use of property derived
from the proceeds of crime, which are recovered under the provisions of
section 7.

(2)     A consultation under subsection (1) shall include, but not be limited to—

(a)   how to strengthen and improve the effectiveness of restraint and
confiscation orders and in particular—

(i)   whether it should remain a condition of making a restraint
order that there is a real risk that the defendant will
dissipate his or her assets, and, if so, whether the burden
should be reversed to require the defendant to show that he
or she will not dissipate his or her assets;

(ii)   whether the costs recoverable by the defendant when an
application for a restraint order is denied should be capped
at legal aid rates;

(iii)   whether to provide the court with the power, when making
an order, to require the defendant to disclose any interests,
including third party interests, in realisable property;

(iv)   whether the court, when making an order, should be able to
require the defendant to return to the United Kingdom any
realisable liquid assets overseas;

(b)   how to improve the effectiveness of the United Kingdom’s mutual
legal assistance arrangement with overseas jurisdiction in cases
concerning the proceeds of crime; and

(c)   how to use the recovered proceeds of crime for the victims of
modern slavery.

(3)     A consultation under subsection (1) shall end no later than 1 April 2015.”

BARONESS YOUNG OF HORNSEY

BARONESS HAMWEE

34*

Insert the following new Clause—

“Civil remedies

(1)     The offences under sections 1, 2 and 4 shall also constitute civil offences of
modern slavery.

(2)     A victim of a modern slavery offence may bring a civil claim against any
person who commits a civil offence against him under sections 1, 2 and 4
for the recovery of damages, injunctive relief, and any other appropriate
relief.

(3)     It is not a defence to liability under this section that a defendant has been
acquitted or has not been investigated, prosecuted or convicted under
section 1, 2 or 4 or has been convicted of a different offence or of a different
type or class of offence.

(4)     An action under this section must be commenced no later than 6 years after
the later of the date on which the victim—

(a)   left the situation of modern slavery; or

(b)   attained the age of 18.

(5)     The period specified in subsection (4) may be extended where the court
considers it just and equitable to do so.

(6)     A civil claim brought under this section shall be stayed until the resolution
of any criminal proceedings against a defendant which arise from the same
act in respect of which the victim has made the claim.

(7)     Damages awarded under this section shall be offset by any compensation
paid to the victim for the same act pursuant to section 8 or an award paid
to the victim for the same act by the Criminal Injuries Compensation
Scheme.

(8)     This section does not preclude any other existing remedies available to the
victim under the laws of England and Wales.

(9)     Legal aid shall be provided to enable a claim under this section to be
brought.

(10)     In a successful action under this section, in addition to any award of
damages or other relief, the victim’s costs shall be recoverable against the
defendant.”

LORD ROSSER

BARONESS ROYALL OF BLAISDON

35*

Insert the following new Clause—

“Civil remedy

(1)     An individual who is a victim of an offence under section 1, 2 or 4 may
bring a civil action against the perpetrator in the County Court and may
recover damages and reasonable legal costs.

(2)     For the purposes of subsection (1) “damages” shall include the greater of
the gross income or value to the defendant of the victim’s services or labour
or the value of the victim’s labour as guaranteed under the national
minimum wage guarantees of the National Minimum Wage Act 1998.”

Clause 10

BARONESS HAMWEE

LORD DHOLAKIA

36

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

37

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

38

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

39

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

40

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

41

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

42

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

43

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

Clause 17

BARONESS HAMWEE

LORD DHOLAKIA

44

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

45

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

46

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

Clause 20

BARONESS HAMWEE

LORD DHOLAKIA

47

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

48

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

49

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

50

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

Clause 23

BARONESS HAMWEE

LORD DHOLAKIA

51

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

52

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

53

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

54

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

55

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

56

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

Clause 24

BARONESS HAMWEE

LORD DHOLAKIA

57

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

58

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

59

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

Clause 27

BARONESS HAMWEE

LORD DHOLAKIA

60

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

61

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

62

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

63

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

Clause 33

BARONESS HAMWEE

LORD DHOLAKIA

64

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

Clause 40

LORD WARNER

LORD PATEL

65

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

66

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

“(1)     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

67

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

LORD WARNER

68

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.”

LORD BATES

69

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

70

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

71

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.”

BARONESS COX

BARONESS KENNEDY OF CRADLEY

72

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

BARONESS KENNEDY OF CRADLEY

73

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

74

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.”

LORD BATES

75

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

76

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 43

BARONESS COX

77

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.”

Clause 45

LORD BATES

78

Page 34, line 32, at end insert—

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

79

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

80

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

81

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

82

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.”

83

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;”

84

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

After Clause 46

LORD BATES

85

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

BARONESS BUTLER-SLOSS

BARONESS ROYALL OF BLAISDON

86

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 (1I) 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 48

LORD MCCOLL OF DULWICH

87*

Leave out Clause 48 and insert the following new Clause—

“Identifying and supporting victims

(1)     The Secretary of State shall make regulations about the arrangements for
determining whether or not a person is to be treated as a victim of slavery
or human trafficking and shall in particular make provision—

(a)   about the process for the referral of potential victims of slavery or
human trafficking for such a determination;

(b)   about the process and tests of determining whether a person should
be treated as such a victim; and

(c)   for an individual to have access to an internal review and appeal of
a decision made about them under paragraph (b).

(2)     The Secretary of State must issue guidance to such public authorities and
other persons as the Secretary of State considers appropriate about
indicators that a person may be a victim of slavery or human trafficking.

(3)     The Secretary of State may, from time to time, revise the guidance issued
under subsection (2).

(4)     The Secretary of State must arrange for any guidance issued or revised
under this section to be published in a way the Secretary of State considers
appropriate.

(5)     The Secretary of State must ensure that a person about whom a referral has
been made under subsection (1)(a) is provided with assistance and support
in accordance with this section for the longest of—

(a)   if there are no criminal proceedings, ninety days;

(b)   if criminal proceedings take place, ninety days after criminal
proceedings are completed;

(c)   until there is conclusive determination under the processes
established by subsection (1) that a person is not to be treated as a
victim of slavery or human trafficking.

(6)     If the family of a child identified as a victim are resident in England and
Wales, they shall be entitled to assistance and support under this section.

(7)     Assistance and support provided under this section—

(a)   is not conditional on the willingness of the person to act as a witness
in any criminal proceedings;

(b)   shall be provided with the person’s agreement;

(c)   shall take due account of the victim’s need for safety and
protection, including the opportunity to receive assistance from a
person of the same gender;

(d)   shall be provided to assist victims in their physical, psychological
and social recovery; and

(e)   shall meet minimum standards for such support as shall be set out
by the Secretary of State by order.

(8)     For the purpose of this section, “assistance and support” shall include but
not be restricted to—

(a)   appropriate and safe accommodation;

(b)   material assistance, including that required by a person with
special needs arising from pregnancy, physical or mental health
conditions, disability, or being the victim of serious psychological,
physical or sexual violence;

(c)   medical treatment, including psychological assistance;

(d)   counselling;

(e)   information, including on a reflection and recovery period, the
possibility of granting international protection and refugee status, a
voluntary return, welfare entitlements and accessing employment;

(f)   translation and interpretation services, as required;

(g)   access to education for child victims and children of victims;

(h)   legal counselling, either through legal aid or other means;

(i)   legal representation, either through legal aid or other means;

(j)   assistance in applying for compensation; and

(k)   provision of services (including travelling and other expenses) to
assist a victim of trafficking in human beings, and children of
victims, to leave the United Kingdom and to settle in a new place of
residence.”

Clause 50

LORD BATES

88

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

89

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.”

90

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

91

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

92

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.”

After Clause 50

LORD WARNER

93*

Insert the following new Clause—

“National Referral Mechanism replacement

(1)     The Secretary of State shall within 12 months of the passing of this Act
establish by order a body to identify and support potential victims of
modern slavery, having regard to the experience of the current National
Referral Mechanism and the findings of the 2014 review of that
Mechanism.

(2)     In establishing such a body, the Secretary of State shall ensure that its
activities are governed by regulations covering—

(a)   identification of victims of modern slavery and the tests to be
applied,

(b)   how victims secure access to support and legal aid,

(c)   the minimum level of support that victims should receive,

(d)   the decision-making processes relating to victims and potential
victims, including rights of review and appeal,

(e)   the governance and accountability of the new body and its
relationship to the Independent Anti-Slavery Commissioner,

(f)   the collection and sharing of data about victims between all
relevant organisations,

(g)   such other matters as the Secretary of State considers appropriate to
the new body.

(3)     In framing such regulations, a guiding principle should be that an
organisation whose functions include determining asylum and
immigration is unsuitable to deal with the matters in subsection (2)(d).

(4)     An order or regulations under this section must be made by statutory
instrument and may not be made unless a draft of the instrument has been
laid before, and approved by a resolution of, each House of Parliament.”

BARONESS COX

LORD ALTON OF LIVERPOOL

BARONESS ROYALL OF BLAISDON

LORD HYLTON

94

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 emplyoment as an
overseas domestic worker where there is evidence that the worker
has been a victim of modern slavery.”

LORD HYLTON

95

Insert the following new Clause—

“Enforceability of court and tribunal judgments

Judgments of UK courts and tribunals concerning UK-based employees
shall be enforceable against foreign embassies and consulates,
notwithstanding diplomatic immunity, if they are made under the
provisions of this Act.”

BARONESS BUTLER-SLOSS

BARONESS HAMWEE

96

Insert the following new Clause—

“The National Referral Mechanism

(1)     The Secretary of State may make regulations to establish a statutory
National Referral Mechanism.

(2)     The Secretary of State must report to Parliament within 12 months of the
passing of this Act on the proposals to set up the said National Referral
Mechanism.”

BARONESS BUTLER-SLOSS

BARONESS KENNEDY OF CRADLEY

97

Insert the following new Clause—

“Gangmasters Licensing Authority

The Secretary of State may make regulations to amend the Gangmasters
(Licensing) Act 2004 to enlarge the functions, powers and duties of the
Gangmasters Licensing Authority set out in section 1 of the 2004 Act.”

After Clause 51

LORD ALTON OF LIVERPOOL

BARONESS KENNEDY OF CRADLEY

98*

Insert the following new Clause—

“Slavery and human trafficking statements

(1)     For each financial year, a commercial organisation within subsection (2)
must prepare a slavery and human trafficking statement.

(2)     A commercial organisation is within this subsection if it—

(a)   supplies goods or services, and

(b)   has a total turnover in respect of that financial year of not less than
£60 million or such lesser amount as may be prescribed by
regulations made by the Secretary of State.

(3)     For the purposes of subsection (2)(b) an organisation’s total turnover is to
be determined—

(a)   by reference to the activities of that organisation worldwide;

(b)   by aggregating the worldwide turnover of that organisation with
any other organisation which forms part of the same group
undertaking; and

(c)   otherwise in accordance with regulations made by the Secretary of
State.

(4)     A slavery and human trafficking statement for a financial year is—

(a)   a statement of the steps the organisation has taken during the
financial year to identify and address slavery and human
trafficking—

(i)   in any of its supply chains, and

(ii)   in any part of its own business,

and which complies with the minimum requirements set out in subsection (5); or

(b)   a statement that the organisation has taken no such steps with an
explanation of why the organisation considers such conduct to be
appropriate.

(5)     A slavery and human trafficking statement shall give details of—

(a)   actions taken to assess the risk of the presence of slavery and human
trafficking in the organisation’s operations and throughout its
supply chains;

(b)   who has been involved in the assessment of such risks and the
extent to which such persons are independent of the organisation;

(c)   what risks have been identified, and what action has been taken to
mitigate any risks which have been identified;

(d)   whether any slavery or human trafficking has been identified and,
if so, what steps have been taken to address it, including action to
support victims;

(e)   the extent to which information for assessment and monitoring has
been gathered directly at suppliers’ sites and whether such
information has been verified by independent persons; and

(f)   any such other matters that may be specified in regulations made
by the Secretary of State under this section.

(6)     The organisation must publish the slavery and human trafficking
statement in each of the following ways—

(a)   if the organisation has a website, it must—

(i)   publish the slavery and human trafficking statement on that
website, and

(ii)   include a link to the slavery and human trafficking
statement in a prominent place on that website’s homepage;

(b)   upload the slavery and human trafficking statement report to the
website maintained for that purpose by the Department for
Business, Innovation and Skills under subsection (8);

(c)   an organisation which is obliged to prepare a directors report in
accordance with section 415 of the Companies Act 2006 shall
include in that report—

(i)   the name of any director who has taken responsibility for
slavery and human trafficking issues within the
organisation (or a statement that no director has taken
responsibility),

(ii)   a fair summary of the slave and human trafficking
statement, and

(iii)   the web address where a copy of the report may be found,
or if the company does not have a website a statement that
a copy of the report will be provided on written request.

(7)     If the organisation does not have a website, it must provide a copy of the
slavery and human trafficking statement to anyone who makes a written
request for one and must do so before the end of the period of 30 days
beginning with the day on which the request is received.

(8)     The Department for Business, Innovation and Skills shall maintain a
website—

(a)   on which it shall publish slavery and human trafficking statements
which are uploaded to the website or delivered to it under
subsection (6)(b);

(b)   in a form in which the published data is freely searchable by the
public.

(9)     The Secretary of State—

(a)   may issue guidance about the duties imposed on commercial
organisations by this section; and

(b)   must publish any such guidance.

(10)     Evidence under subsection (9) may in particular set out the kind of
information in addition or supplemental to that set out in subsection (5)
which may be included in a slavery and human trafficking statement.

(11)     The duties imposed on commercial organisations by this section are
enforceable by any of the Secretary of State, the Independent Anti-slavery
Commissioner, the Equality and Human Rights Commission, the Financial
Reporting Council; or such other person as may be specified by way of
regulation; any of whom may bring civil proceedings in the High Court for
an injunction or, in Scotland, for specific performance of a statutory duty
under section 45 of the Court of Session Act 1988.

(12)     Where a commercial organisation is in breach of any duty under this
section the commercial organisation and every director, partner, or other
person occupying an equivalent position shall have committed an offence.

(13)     It is a defence for any person charged with an offence under subsection (12)
to prove that he took all reasonable steps to ensure compliance with this
section.

(14)     A person guilty of an offence under subsection (12) is liable on summary
conviction to a fine not exceeding the statutory maximum and on
conviction on indictment to a fine.

(15)     This section shall be reviewed by the Secretary of State 3 years after the
section comes into force and following this review the Secretary of State
shall lay before Parliament a report assessing the effectiveness of the
section and recommending whether any amendments should be made.

(16)     For the purposes of this section—

“commercial organisation” means—

(a)   a body corporate (wherever incorporated) which carries on
a business, or part of a business, in any part of the United
Kingdom, or

(b)   a partnership (wherever formed) which carries on a
business, or part of a business, in any part of the United
Kingdom,

and for this purpose “business” includes a trade or profession;

“group undertaking” shall have the meaning set out in section 1162 of
the Companies Act 2006;

“partnership” means—

(a)   a partnership within the Partnership Act 1890,

(b)   a limited partnership registered under the Limited
Partnerships Act 1907, or

(c)   a firm, or an entity of a similar character, formed under the
law of a country outside the United Kingdom,

“slavery and human trafficking” means—

(a)   conduct which constitutes an offence under any of the following—

(a)   section 1, 2 or 4 of this Act,

(b)   section 57, 58, 58A or 59 of the Sexual Offences Act
2003 (trafficking for sexual exploitation),

(c)   section 22 of the Criminal Justice (Scotland) Act 2003
(traffic in prostitution etc),

(d)   section 4 of the Asylum and Immigration (Treatment
of Claimants, etc.) Act 2004 (trafficking for
exploitation),

(e)   section 71 of the Coroners and Justice Act 2009
(slavery, servitude and forced or compulsory
labour),

(f)   section 47 of the Criminal Justice and Licensing
(Scotland) Act 2010 (slavery, servitude and forced or
compulsory labour), or

(b)   conduct which would constitute an offence in a part of the
United Kingdom under any of those provisions if the
conduct took place in that part of the United Kingdom.”

“supply chain” means those raw materials, purchases, processes,
products, labour, services and transportation by means of which
the company’s goods and services whether or not for sale to
customers are acquired, manufactured, assembled or otherwise
produced from their original source up to and including their sale
or provision to the company’s customers;

but a company’s supply chain shall not include those products and services
that are acquired, rented, leased or otherwise used by a company for a
purpose which is incidental or ancillary to the matters referred to in the
definition of supply chain above.”

Before Clause 52

LORD ALTON OF LIVERPOOL

BARONESS COX

99

Insert the following new Clause—

“Review

(1)     Within 5 years of the passing of this Act, the Secretary of State must—

(a)   carry out a review of the provisions of this Act,

(b)   carry out a review more broadly about the current position of
slavery, servitude, forced or compulsory labour, and human
trafficking within the United Kingdom and internationally, and

(c)   prepare and publish a report setting out the conclusions of the
review.

(2)     The report must in particular—

(a)   set out the objectives intended to be achieved by this Act,

(b)   assess the extent to which those objectives have been achieved,

(c)   assess whether those objectives remain appropriate and, if so, the
extent to which they could be achieved in another way, and

(d)   consider the strategic plans and annual reports submitted by the
Independent Anti-slavery Commissioner.

(3)     The Secretary of State must lay the report before Parliament.”

BARONESS HAMWEE

BARONESS YOUNG OF HORNSEY

100

Insert the following new Clause—

“Exploitation

(1)     Within the period of 12 months beginning with the day on which this Act
is passed the Secretary of State shall carry out a review about whether the
provisions of—

(a)   this Act;

(b)   the Acts establishing relevant public authorities, namely—

(i)   the Health and Safety Executive,

(ii)   the Employment Agency Standards Inspectorate,

(iii)   HMRC (for the National Minimum Wage teams), and

(iv)   the Gangmasters Licensing Authority; and

(c)   other Acts in force and all relevant secondary legislation;

adequately provide offences to protect victims of exploitation, and in
particular whether there should be an offence of exploitation which does
not amount to slavery, servitude or forced or compulsory labour within
section 1.

(2)     The Secretary of State shall prepare and publish a report setting out the
conclusions of the review.

(3)     In conducting the review the Secretary of State shall consult—

(a)   the Scottish Ministers;

(b)   the Department of Justice in Northern Ireland;

(c)   representatives of the police forces of England and Wales;

(d)   the Director of the National Crime Agency;

(e)   the Director of Public Prosecutions;

(f)   the Lord Chief Justice of England and Wales;

(g)   representatives of local authorities;

(h)   the Independent Anti-slavery Commissioner;

(i)   the Victims’ Commissioner;

(j)   organisations supporting persons held in slavery or servitude or
forced to perform forced or compulsory labour or whom they
regard as potentially having been so held or forced;

(k)   the authorities listed in subsection (1)(b); and

(l)   such other persons as the Secretary of State considers appropriate.”

Clause 52

LORD BATES

101

Page 39, line 10, at end insert—

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

Schedule 4

LORD BATES

102

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

103

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

104

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

Prepared 28th November 2014