Modern Slavery Bill

Amendment
to be moved
in committee

[Supplementary to the Fourth Marshalled List]

After Clause 48

LORD ROSSER

BARONESS ROYALL OF BLAISDON

[In substitution for Amendment 86N]

86P*

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)     An adult 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.”

Prepared 10th December 2014