Modern Slavery Bill

third
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 41 to 45
Schedule 4
Schedule 3
Clauses 54 to 58
Clauses 46 to 53

[Amendments marked * are new or have been altered]

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).”

LORD PATEL

66A

Page 31, line 2, after “must” insert “monitor and”

BARONESS COX

67

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

LORD PATEL

67ZA

Page 31, line 5, after “identification” insert “, protection and support”

LORD ROSSER

BARONESS ROYALL OF BLAISDON

67ZAA*

Page 31, line 5, at end insert—

“(c)   the support offered to victims, including but not limited to the
operations of any government agency and support offered in
accordance with sections 47 and 48;

(d)   the promotion and protection of the rights of victims of human
trafficking and slavery;

(e)   the implementation in the UK of EU Directive 2011/36/EU on
preventing and combatting trafficking in human beings and
protecting its victims; and

(f)   any other area which the Commissioner feels is relevant to
identifying and preventing human trafficking in the UK or
elsewhere.”

LORD PATEL

67ZB

Page 31, line 5, at end insert—

“( )     For the purposes of subsection (1), the Commissioner shall periodically
review such UK legislation, and such policy and practice of public
authorities in the UK, as relates to the matters on which the Commissioner
is to monitor and encourage good practice, including to ensure the
fulfilment of the UK’s obligations under—

(a)   the Council of Europe Convention on Action against Trafficking in
Human Beings agreed by the Council of Europe at Warsaw on 16
May 2005;

(b)   EU Directive 2011/36/EU on preventing and combatting
trafficking in human beings and protecting its victims; and

(c)   International Labour Organisation Conventions No. 29, No. 105
and No. 182.

( )     The Commissioner shall take reasonable steps to involve victims of slavery
and victims of human trafficking in discharging his or her duties and
functions under this section, and in preparing a strategic plan under
section 42.”

BARONESS BUTLER-SLOSS

67ZC

Page 31, line 18, at end insert—

“( )     The Commissioner shall have oversight and a monitoring role in ensuring
compliance and enforcement of the requirements for commercial
organisations set out in section 51 (transparency in supply chain etc).

( )     The Commissioner shall have the power to impose penalties on non-
compliant commercial organisations as defined in section 51(2).

( )     The Commissioner shall receive copies of the statements required from
commercial organisations under section 51(1).”

BARONESS HAMWEE

67A

Page 31, line 20, at end insert—

“( )   making reports to Parliament;”

LORD ROSSER

BARONESS ROYALL OF BLAISDON

67AA*

Page 31, line 21, leave out “any permitted matter” and insert “matters relevant to
subsection (1)”

BARONESS HAMWEE

67B

Page 31, line 21, leave out “permitted”

67C

Page 31, line 21, leave out “to” and insert “whether requested by”

67D

Page 31, line 22, leave out “and” and insert “or”

67E

Page 31, line 22, at end insert “or otherwise”

67F

Page 31, line 26, at end insert “including the collection, compilation, analysis and
dissemination of information and statistics”

LORD ROSSER

BARONESS ROYALL OF BLAISDON

67G*

Page 31, line 28, at end insert—

“( )   undertaking investigations and studies to monitor and identify
trends in human trafficking and slavery;

( )   requesting inspections to be carried out by statutory inspectors;”

LORD WARNER

LORD JUDD

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 ROSSER

BARONESS ROYALL OF BLAISDON

68ZZA*

Page 31, line 30, at end insert “, including relevant civil society organisations”

BARONESS BUTLER-SLOSS

68ZA

Page 31, line 30, at end insert—

“( )   collecting data on the circumstances of victims of slavery and
human trafficking 45 days after they have been identified as
victims.”

BARONESS HAMWEE

68A

Page 31, line 31, leave out subsection (4)

68B

Page 31, line 37, leave out from “must” to “publish” in line 39

LORD BATES

69

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

LORD ROSSER

BARONESS ROYALL OF BLAISDON

LORD JUDD

69A

Page 31, line 47, at end insert—

“( )     Subject to subsection (6), the Secretary of State must not take steps or
impose measures that may impair, or may appear to impair, the
Commissioner’s independence, and shall ensure that the Commissioner is,
to the extent the Commissioner is able, to determine, without limitation
(other than as prescribed in this Act)—

(a)   the Commissioner’s activities,

(b)   the Commissioner’s timetables,

(c)   the Commissioner’s priorities, and

(d)   the Commissioner’s resources and funding.”

LORD BATES

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

LORD ALTON OF LIVERPOOL

LORD JUDD

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

LORD WARNER

72ZZA*

Page 32, line 20, after first “a” insert “three-year”

LORD PATEL

72ZA

Page 32, line 21, leave out “for approval”

BARONESS HAMWEE

72A

Page 32, line 21, at end insert—

“( )     In this section references to the approval of the Secretary of State mean
confirmation of omissions to be made in accordance with a direction under
section 41(6), or that no such omissions are required.”

LORD PATEL

72B

Page 32, line 24, leave out “for approval”

72C

Page 32, line 27, leave out “for approval”

LORD WARNER

72D*

Page 32, line 28, leave out subsections (4) to (6)

BARONESS COX

BARONESS KENNEDY OF CRADLEY

LORD ALTON OF LIVERPOOL

LORD JUDD

73

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

BARONESS HAMWEE

73ZA*

Page 32, line 37, at end insert—

“(d)   report the extent to which protection and support of victims of
slavery and human trafficking are expected to be undertaken by the
voluntary sector;

(e)   make recommendations”

LORD PATEL

73A

Page 32, line 38, leave out subsections (6) and (7)

LORD WARNER

73B*

Page 33, line 5, leave out subsection (9)

BARONESS COX

BARONESS KENNEDY OF CRADLEY

LORD ALTON OF LIVERPOOL

74

Page 33, line 11, at end insert—

“(d)   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.”

BARONESS HAMWEE

74ZA*

Page 33, line 11, at end insert—

“(d)   a statement of the extent of the activities referred to in section
41(3)(d)”

LORD PATEL

74A

Page 33, line 13, leave out “approves” and insert “receives”

LORD WARNER

74AA*

Page 33, line 15, after “practicable” insert “, and not more than one month,”

LORD PATEL

74B

Page 33, line 15, leave out “approving” and insert “receiving”

74C

Page 33, line 18, leave out “approves” and insert “receives”

LORD WARNER

74CA*

Page 33, line 20, after “practicable” insert “, and not more than one month,”

LORD PATEL

74D

Page 33, line 24, leave out “approves” and insert “receives”

LORD WARNER

74DA*

Page 33, line 26, after “practicable” insert “, and not more than one month,”

LORD PATEL

74E

Page 33, line 28, leave out subsections (13) to (16)

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 HAMWEE

76A

Page 34, line 10, leave out subsection (4)

BARONESS COX

LORD ALTON OF LIVERPOOL

LORD JUDD

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.”

BARONESS HAMWEE

77A*

Page 34, line 21, after “Ireland,” insert—

“( )   in relation to a public authority having only functions which are
exercisable in or as regards Wales, by the relevant minister of the
Welsh Assembly Government,”

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”

BARONESS KENNEDY OF CRADLEY

80A

Page 34, line 36, leave out paragraph (c)

LORD BATES

BARONESS KENNEDY OF CRADLEY

81

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

LORD BATES

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


8

(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.”

BARONESS KENNEDY OF CRADLEY

LORD JUDD

[As an amendment to Amendment 82]

82A


Line 8, leave out paragraph (c)

LORD BATES

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;”

BARONESS KENNEDY OF CRADLEY

83A

Page 35, line 10, leave out subsections (7) and (8)

LORD BATES

84

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

After Clause 45

LORD ROSSER

BARONESS ROYALL OF BLAISDON

84A*

Insert the following new Clause—

“Prosecutions of victims of human trafficking

(1)     The Director of Public Prosecutions shall issue guidance as to the charging
of known or suspected victims of human trafficking.

(2)     Before issuing guidance under subsection (1), the Director of Public
Prosecutions must consult the Independent Anti-slavery Commissioner.

(3)     New guidance provided under subsection (1), must be published within 12
months of the appointment of the Independent Anti-slavery
Commissioner.

(4)     A prosecution of a trafficked, enslaved or exploited person must be
reviewed by the Director of Public Prosecutions before going on trial.

(5)     For the purpose of this section, a person (A) is taken to be trafficked,
enslaved or exploited if—

(a)   a decision has been made under the National Referral Mechanism
that A is a trafficked, enslaved or exploited person; or

(b)   no such decision has been made under the National Referral
Mechanism but the court determines, based on the evidence before
it, that A is a trafficked, enslaved or exploited person; or

(c)   a decision was made under the National Referral Mechanism that
A is not a trafficked, enslaved or exploited person, but the court is
satisfied that the evidence adduced by the defence establishes that
A was a trafficked, enslaved or exploited person.”

Schedule 3

BARONESS KENNEDY OF CRADLEY

 


Baroness Kennedy of Cradley gives notice of her intention to oppose the Question that
Schedule 3 be the Third Schedule to the Bill.

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 PATEL

BARONESS LISTER OF BURTERSETT

LORD JUDD

85A

Page 35, line 27, after “advocates” insert “and separated children advocates”

LORD MCCOLL OF DULWICH

BARONESS BUTLER-SLOSS

BARONESS ROYALL OF BLAISDON

LORD PATEL

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.”

LORD PATEL

BARONESS LISTER OF BURTERSETT

LORD JUDD

86A

Page 35, line 29, at end insert “and all separated children”

86B

Page 35, line 33, at end insert—

“( )     For the purposes of this section, a “separated child” is a child who is outside
his or her country of origin and is not accompanied by a parent or
guardian.”

86C

Page 35, line 37, at end insert “and separated children advocates”

86D

Page 35, line 40, at end insert “or separated children advocate”

86E

Page 35, line 41, after “advocate” insert “or separated children advocate”

86F

Page 35, line 43, at end insert “or separated children advocates”

86G

Page 36, line 2, at end insert “or separated children advocates”

LORD MCCOLL OF DULWICH

BARONESS ROYALL OF BLAISDON

BARONESS BUTLER-SLOSS

86H*

Leave out Clause 47 and insert the following new Clause—

“Independent child trafficking and slavery advocates

(1)     The Secretary of State must make arrangements to enable persons
(“independent child trafficking and slavery advocates”) to be available to
represent and support children who there is reason to believe may be
victims of trafficking or slavery if the person who has parental
responsibility for the child fulfils any of the conditions in subsection (5).

(2)     The independent child trafficking and slavery 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.

(3)     The independent child trafficking and slavery advocate shall have powers
to appoint and instruct legal representatives on behalf of the child in all
matters relevant to the interests of the child.

(4)     The independent child trafficking and slavery 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
immigation, police, social welfare, health, education and support
services; and

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

(5)     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 a 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.

(6)     An independent child trafficking and slavery advocate must have
completed the training required in subsection (10) 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.

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

(8)     The independent child trafficking and slavery 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.

(9)     In subsection (8), 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.

(10)     The Secretary of State shall by order—

(a)   set out the arrangements for the appointment of an independent
child trafficking and slavery 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 an independent child trafficking
and slavery advocate;

(c)   set out the arrangements for the supervision of persons discharging
duties as an independent child trafficking and slavery advocate;

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

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

(11)     A person’s appointment as an independent child trafficking and slavery
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.”

After Clause 47

BARONESS HAMWEE

86J*

Insert the following new Clause—

“Assessment of victims

A person suspected of being a victim of an offence under sections 1 or 2
shall be assessed psychologically during the investigation of the offence.”

Clause 48

BARONESS HAMWEE

86K*

Page 36, line 9, after “must” insert “, after consultation,”

86L*

Page 36, line 16, leave out from “for” to “of” in line 17 and insert “identifying
persons to be treated as victims”

LORD MCCOLL OF DULWICH

BARONESS HOWE OF IDLICOTE

LORD JUDD

[In substitution for Amendment 87]

86M*

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,
servitude, forced or compulsory labour or human trafficking and shall in
particular make provision—

(a)   about the process for the referral of potential victims of slavery,
servitude, forced or compulsory labour or human trafficking for
such a determination;

(b)   about the process and criteria for 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 to
an independent tribunal or court of law with regard to 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, servitude, forced or
compulsory labour 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, in consultation with the Independent Anti-slavery
Commissioner.

(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, at a minimum—

(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), including any review or appeal as
referred to in subsection (1)(c), that a person is not to be treated as
a victim of slavery, servitude, forced or compulsory labour or
human trafficking.

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

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

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

(7)     Any assistance and support must be determined by reference to an
individual assessment and shall be without prejudice to any other support
which may be available under existing legislation.

(8)     Any assistance and support provided to a child shall have the child’s best
interests as the primary consideration.

(9)     Any assistance and support provided to an adult must be provided with
their agreement.

(10)     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, and children of victims, to leave the United
Kingdom and to settle in a new place of residence.”

After Clause 48

LORD ROSSER

BARONESS ROYALL OF BLAISDON

86N*

Insert the following new Clause—

“Establishment and function of the National Referral Mechanism

(1)     The Secretary of State must establish a National Referral Mechanism
(“NRM”) to—

(a)   identify trafficked, enslaved or exploited persons within the United
Kingdom;

(b)   provide assistance and support to a person who may have been
trafficked, enslaved or exploited from the time at which that person
is first referred into the NRM until such time as a final and
conclusive determination is made that they are not such a person;
and,

(c)   ensure that the rights of such persons are protected and promoted
in a manner which discharges the Government’s obligations under
the Trafficking Convention and the Trafficking Directive regarding
the identification and protection of victims, including measures for
assistance and support.

(2)     The Secretary of State must, in regulations, specify the procedures to be
followed to implement the NRM and the procedures to be applied by the
NRM including to give effect to the right to a renewable residence permit
provided for under subsections (5) and (6).

(3)     The regulations must provide for a right of appeal by an individual in
respect of a decision in the NRM process that they are not a trafficked,
enslaved or exploited person.

(4)     A person (including a child) must give their free and informed consent to
being referred into the NRM before a referral is made on their behalf.

(5)     A person who is determined in the NRM process to be a trafficked,
enslaved or exploited person shall be entitled to a one year renewable
residence permit permitting them to remain in the United Kingdom where
one or other, or both, of the following situations apply—

(a)   a competent authority in the NRM considers that their stay is
necessary owing to their personal situation; or

(b)   a competent authority in the NRM considers that their stay is
necessary for the purpose of the person’s co-operation with the
authorities in connection with their investigations or criminal
proceedings.

(6)     A residence permit for child victims shall be issued where it is in
accordance with the best interests of the child and, where appropriate,
renewed under the same conditions.

(7)     The protection, assistance and support provided to trafficked, enslaved or
exploited children (including those to whom the presumption of age
applies) in accordance with the provisions in this Act shall be at least
equivalent to the protection, assistance and support provided to adults,
save that where other legislation provides for greater protection for
children that legislation shall, to the extent of any inconsistency with this
Act, prevail.”

87

[Withdrawn]

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”

BARONESS HAMWEE

88A*

Page 36, line 39, leave out “specified”

LORD BATES

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)”

BARONESS HAMWEE

91A*

Page 37, line 9, leave out subsection (5)

LORD BATES

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

LORD JUDD

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

BARONESS HAMWEE

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.”

BARONESS KENNEDY OF CRADLEY

97A

Insert the following new Clause—

“Gangmasters Licensing Authority (No. 2)

(1)     Section 3(5)(a) of the Gangmasters (Licensing) Act 2004 (work to which this
Act applies) is amended as follows.

(2)     After “excluding” add “or including”.

Clause 51

BARONESS HAMWEE

BARONESS COX

97B

Page 37, line 36, at end insert—

“( )     Subject to subsections (5) and (6), the Secretary of State shall make
regulations regarding the form in which and place where the slavery and
human trafficking statement shall be reported.”

97C

Page 37, line 37, leave out “The” and insert “A”

97D

Page 37, line 38, after “may” insert “make regulations and”

97E

Page 38, line 4, after “section” insert “and under regulations made under this
section”

After Clause 51

LORD ALTON OF LIVERPOOL

BARONESS KENNEDY OF CRADLEY

LORD HARRIES OF PENTREGARTH

BARONESS MOBARIK

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 director’s 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.”

BARONESS MCDONAGH

98A*

Insert the following new Clause—

“Obligations on the largest companies in high risk sectors

    The Secretary of State may make regulations requiring commercial
organisations whose products and services include one or more that fall
within the wholesale, retail, manufacturing and construction sectors, and
whose total turnover in a financial year exceeds £1 billion, to include in its
Annual Report relating to that year—

(a)   a Director’s Statement, signed by all of the company’s directors,
confirming that the company—

(i)   has conducted a risk assessment sufficient to identify any
risks and instances of modern slavery in its supply chain;

(ii)   has in place and is implementing a remedial action plan to
eliminate any existing instances and any identified risks of
modern slavery from its supply chain within two years from
the date at which such incidences were first identified; and

(iii)   an Assurance Statement verifying the Directors’ Statement
and signed by an independent third party auditor in
compliance with ISAE3000 or ISO123 standards.”

Before Clause 52

LORD ALTON OF LIVERPOOL

BARONESS COX

LORD HARRIES OF PENTREGARTH

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

LORD JUDD

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;”

After Clause 52

LORD ROSSER

BARONESS ROYALL OF BLAISDON

101A*

Insert the following new Clause—

“Provision to enable the Gangmasters Licensing Authority to tackle modern day
slavery

(1)     The Secretary of State may by regulations amend section 3 of the
Gangmasters (Licensing) Act 2004 to include other areas of work where the
Secretary of State believes abuse and exploitation of workers or modern
slavery or trafficking may be taking place.

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

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 54

LORD ROSSER

BARONESS ROYALL OF BLAISDON

102A

Page 39, line 43, at end insert—

“(g)   regulations under section 30(5) if they are made 12 months after the
passing of this Act.”

Clause 57

BARONESS COX

102B

Page 41, line 3, leave out “and (3)” and insert “to (3A)”

102C

Page 41, line 7, at end insert—

“(3A)    Section 44 shall come into force on a day to be appointed, that day being no
earlier than the day on which an order made by the Lord Chancellor under
section 9(2)(a) of the Legal Aid, Sentencing and Punishment of Offenders
Act 2012 in respect of civil legal services for victims of slavery and human
trafficking comes into effect.”

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)

In the Title

BARONESS COX

105

Line 1, after “labour” insert “in the United Kingdom and internationally”

Prepared 5th December 2014