Modern Slavery Bill

Amendment
to be moved
on report

After Clause 4

LORD JAMES OF BLACKHEATH

 

Insert the following new Clause—

“Forced child migration

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

(a)   C’s parent or guardian consents,

(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.”

Prepared 17th December 2014