Modern Slavery Bill

Amendments
to be moved
on REPORT

Clause 1

LORD BATES

 

Page 2, line 4, at end insert—

“(b)   to any work or services provided by the person, including work or
services provided in circumstances which constitute exploitation
within section 3(3) to (6).”

Clause 8

LORD BATES

 

Page 5, line 11, leave out “Crown Court” and insert “court”

 

Page 5, line 14, leave out “the Crown Court makes a confiscation order” and insert
“a confiscation order is made”

 

Page 5, line 16, leave out “Crown Court” and insert “court”

 

Page 5, line 19, leave out “it has made a confiscation order” and insert “a
confiscation order has been made”

 

Page 5, line 42, at end insert—

“( )   “the court” means—

(i)   the Crown Court, or

(ii)   any magistrates’ court that has power to make a
confiscation order by virtue of an order under section 97 of
the Serious Organised Crime and Police Act 2005
(confiscation orders by magistrates’ courts);”

Clause 10

LORD BATES

 

Page 6, line 43, leave out “Crown Court” and insert “court (within the meaning of
section 8 above)”

 

Page 7, line 4, leave out paragraph (e)

 

Page 7, line 29, leave out from “order” to end of line 30 and insert “that could have
been made under section 8 above by virtue of the confiscation order”

Clause 13

LORD BATES

 

Page 9, line 43, at end insert—

“( )     In sections 8 and 10, references to provisions of the Proceeds of Crime Act
2002 include references to those provisions as amended or otherwise
modified by virtue of an order (whenever made) under section 97 of the
Serious Organised Crime and Police Act 2005 (confiscation orders by
magistrates’ courts).”

Schedule 1

LORD BATES

 

Page 44, line 27, at end insert—,

“Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2 (N.I.))

7A     An offence under section 1, 2 or 4 of the Human Trafficking and
Exploitation (Criminal Justice and Support for Victims) Act (Northern
Ireland) 2015 (slavery, servitude and forced or compulsory labour;
human trafficking).”

Clause 30

LORD BATES

 

Page 22, line 20, at end insert—

“(e)   a slavery and trafficking prevention order under Schedule 3 to the
Human Trafficking and Exploitation (Criminal Justice and Support
for Victims) Act (Northern Ireland) 2015 (c. 2 (N.I.)), or

(f)   an interim slavery and trafficking prevention order under that
Schedule to that Act,”

 

Page 22, line 31, leave out “not exceeding £5,000”

 

Page 22, line 35, leave out subsection (5)

Clause 34

LORD BATES

 

Page 23, line 36, at end insert “(except in section 30(1)(f))”

 

Page 23, line 42, at end insert “(except in section 30(1)(e))”

Clause 37

LORD BATES

 

Page 27, line 26, leave out paragraphs (a) to (c) and insert—

“(a)   section 1 of the Human Trafficking and Exploitation (Criminal
Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2
(N.I.)) (slavery, servitude and forced or compulsory labour);

(b)   section 2 of that Act (human trafficking).”

After Schedule 2

LORD BATES

 

Insert the following new Schedule—

“SCHEDULE

PUBLIC AUTHORITIES UNDER A DUTY TO CO-OPERATE WITH THE COMMISSIONER

Law enforcement and border security

A chief officer of police for a police area in England and Wales.

The chief constable of the British Transport Police Force.

The National Crime Agency.

An immigration officer or other official of the Secretary of State
exercising functions in relation to immigration or asylum.

A designated customs official (within the meaning of Part 1 of the
Borders, Citizenship and Immigration Act 2009).

Local government

A county council in England or Wales.

A county borough council in Wales.

A district council in England.

A London borough council.

The Greater London Authority.

The Common Council of the City of London.

The Council of the Isles of Scilly.

Health bodies

A National Health Service trust established under section 25 of the
National Health Service Act 2006 or section 18 of the National Health
Service (Wales) Act 2006.

An NHS foundation trust within the meaning given by section 30 of the
National Health Service Act 2006.

A Local Health Board established under section 11 of the National
Health Service (Wales) Act 2006.

Regulators

The Gangmasters Licensing Authority.”

Clause 40

LORD BATES

 

Page 30, line 43, leave out subsection (4) and insert—

“(4)     The Secretary of State—

(a)   must before the beginning of each financial year specify a
maximum sum which the Commissioner may spend that year,

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

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

(4A)    In this Part, “financial year” means—

(a)   the period beginning with the day on which the first Commissioner
takes office and ending with the following 31 March, and

(b)   each successive period of 12 months.

(4B)    The Commissioner may appoint staff.”

Clause 41

LORD BATES

 

Page 31, line 19, leave out “subsection (1)” and insert “this section”

 

Page 31, line 22, leave out paragraph (b) and insert—

“(b)   section 1, 2 or 4 of the Human Trafficking and Exploitation
(Criminal Justice and Support for Victims) Act (Northern Ireland)
2015 (c. 2 (N.I.)) (equivalent offences in Northern Ireland),”

 

Page 31, line 28, leave out paragraph (e)

 

Page 31, line 41, leave out “people” and insert “public authorities (including the
Commissioner for Victims and Witnesses), voluntary organisations and other
persons”

 

Page 31, line 42, after second “with” insert “public authorities (including the
Commissioner for Victims and Witnesses), voluntary organisations and”

 

Page 31, line 43, leave out “elsewhere” and insert “internationally”

 

Page 31, line 43, at end insert—

“( )     The matters to which the Commissioner may have regard in pursuance of
subsection (1) include the provision of assistance and support to victims of
slavery and human trafficking offences.”

Clause 42

LORD BATES

 

Page 33, line 18, leave out “calendar” and insert “financial”

Clause 43

LORD BATES

 

Page 34, line 28, at end insert “in relation to that information; but this does not
apply in relation to patient information.

( )     “Patient information” means information (however recorded) which—

(a)   relates to the physical or mental health or condition of an
individual, to the diagnosis of an individual’s condition or to an
individual’s care or treatment, or is to any extent derived directly
or indirectly from such information, and

(b)   identifies the individual or enables the individual to be identified
(either by itself or in combination with other information).”

 

Page 34, line 29, leave out “But” and insert “Except as provided by subsection (3),”

 

Page 34, line 30, leave out “any other” and insert “a”

 

Page 34, line 32, leave out from second “authority” to end of line 41 and insert
“listed in Schedule (Public authorities under a duty to co-operate with the
Commissioner
).

(6)     The Scottish Ministers may by regulations amend that Schedule so as to—

(a)   add or remove a public authority having only functions which are
exercisable in or as regards Scotland (a “Scottish public authority”);

(b)   amend an entry relating to a Scottish public authority.

(7)     The Department of Justice in Northern Ireland may by regulations amend
that Schedule so as to—

(a)   add or remove a public authority having only functions which are
exercisable in or as regards Northern Ireland (a “Northern Irish
public authority”);

(b)   amend an entry relating to a Northern Irish public authority.

(8)     The Secretary of State may by regulations amend that Schedule so as to—

(a)   add or remove a public authority which is not a Scottish public
authority or a Northern Irish public authority;

(b)   amend an entry relating to a public authority which is not a Scottish
public authority or a Northern Irish public authority.”

Clause 45

LORD BATES

 

Page 35, line 28, leave out “have no realistic alternative to doing” and insert “do”

Clause 48

LORD BATES

 

Page 37, line 24, after “persons (“” insert “independent”

 

Page 37, line 25, leave out “is reason” and insert “are reasonable grounds”

 

Page 37, line 33, at end insert—

“( )     A person appointed as an independent child trafficking advocate for a
child must promote the child’s well-being and act in the child’s best
interests.

( )     The advocate may (where appropriate) assist the child to obtain legal or
other advice, assistance and representation, including (where necessary)
by appointing and instructing legal representatives to act on the child’s
behalf.”

 

Page 37, line 34, leave out “may” and insert “must”

 

Page 37, line 34, after “about” insert “independent”

 

Page 37, line 35, leave out “may” and insert “the regulations must”

 

Page 37, line 37, leave out second “a” and insert “an independent”

 

Page 37, line 38, leave out second “a” and insert “an independent”

 

Page 37, line 39, at end insert—

“( )   requiring an independent child trafficking advocate to be
appointed for a child as soon as reasonably practicable, where there
are reasonable grounds to believe a child may be a victim of human
trafficking;”

 

Page 37, line 40, after “of” insert “independent”

 

Page 37, line 41, leave out from “authorities” to end of line 42 and insert “which
provide services or take decisions in relation to a child for whom an independent
child trafficking advocate has been appointed to—

(i)   recognise, and pay due regard to, the advocate’s functions,
and

(ii)   provide the advocate with access to such information
relating to the child as will enable the advocate to carry out
those functions effectively (so far as the authority may do so
without contravening a restriction on disclosure of the
information).”

 

Page 37, line 43, leave out subsection (5)

Clause 49

LORD BATES

 

Page 38, line 10, leave out “is reason” and insert “are reasonable grounds”

 

Page 38, line 12, leave out “a person is to be treated as” and insert “there are
reasonable grounds to believe that a person may be”

 

Page 38, line 18, at end insert—

“( )     If the Secretary of State makes regulations under section (Regulations about
identifying and supporting victims
), the references in subsection (1) to
“arrangements” include arrangements under the regulations.”

After Clause 49

LORD BATES

 

Insert the following new Clause—

“Regulations about identifying and supporting victims

(1)     The Secretary of State may make regulations providing for assistance and
support to be provided to persons—

(a)   who there are reasonable grounds to believe may be victims of
slavery or human trafficking;

(b)   who are victims of slavery or human trafficking.

(2)     The Secretary of State may make regulations providing for public
authorities to determine (for the purposes of regulations under subsection
(1) or other purposes specified in the regulations) whether—

(a)   there are reasonable grounds to believe that a person may be a
victim of slavery or human trafficking;

(b)   a person is a victim of slavery or human trafficking.

(3)     Regulations under subsection (2) may in particular make provision about
the public authorities who may make such determinations, and the criteria
and procedure for doing so.”

Clause 50

LORD BATES

 

Page 38, line 22, leave out “reason” and insert “reasonable grounds”

 

Page 38, line 23, leave out “reason” and insert “reasonable grounds”

 

Page 38, line 30, leave out “there is reason” and insert “are, or who there are
reasonable grounds”

 

Page 38, line 31, after “in” insert—

“(a)   any regulations made under section (Regulations about identifying
and supporting victims
)(1);

(b)   ”

Clause 51

LORD BATES

 

Page 38, line 36, leave out “reason” and insert “reasonable grounds”

 

Page 39, line 7, leave out from “(2)” to end of line 9 and insert—

“(a)   may provide that a public authority which includes information in
a notification in accordance with the regulations does not breach
any obligation of confidence owed by the public authority in
relation to that information;

(b)   may not require or authorise the inclusion of information which
contravenes any other restriction on the disclosure of information
(however imposed).”

 

Page 39, line 10, leave out subsection (5) and insert—

“(5)     This section applies to—

(a)   a chief officer of police for a police area,

(b)   the chief constable of the British Transport Police Force,

(c)   the National Crime Agency,

(d)   a county council,

(e)   a county borough council,

(f)   a district council,

(g)   a London borough council,

(h)   the Greater London Authority,

(i)   the Common Council of the City of London,

(j)   the Council of the Isles of Scilly,

(k)   the Gangmasters Licensing Authority.

(6)     The Secretary of State may by regulations amend subsection (5) so as to—

(a)   add or remove a public authority;

(b)   amend the entry for a public authority.”

Clause 52

LORD BATES

 

Page 39, line 28, at end insert—

“( )     An organisation’s slavery and human trafficking statement may include
information about—

(a)   the organisation’s structure, its business and its supply chains;

(b)   its policies in relation to slavery and human trafficking;

(c)   its due diligence processes in relation to slavery and human
trafficking in its business and supply chains;

(d)   the parts of its business and supply chains where there is a risk of
slavery and human trafficking taking place, and the steps it has
taken to assess and manage that risk;

(e)   its effectiveness in ensuring that slavery and human trafficking is
not taking place in its business or supply chains, measured against
such performance indicators as it considers appropriate;

(f)   the training about slavery and human trafficking available to its
staff.

( )     A slavery and human trafficking statement—

(a)   if the organisation is a body corporate other than a limited liability
partnership, must be approved by the board of directors (or
equivalent management body) and signed by a director (or
equivalent);

(b)   if the organisation is a limited liability partnership, must be
approved by the members and signed by a designated member;

(c)   if the organisation is a limited partnership registered under the
Limited Partnerships Act 1907, must be signed by a general partner;

(d)   if the organisation is any other kind of partnership, must be signed
by a partner.”

 

Page 40, line 1, leave out second “guidance” and insert “further provision”

 

Page 40, line 26, leave out paragraph (ii) and insert—

(ii) section 1, 2 or 4 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2 (N.I.)) (equivalent offences in Northern Ireland),”
 

Page 40, line 32, leave out paragraph (v)

Schedule 4

LORD BATES

 

Page 64, line 6, leave out paragraph (a)

 

Page 66, line 2, at end insert—

“15A          In section 19(8) of the Proceeds of Crime Act 2002 (no order made:
reconsideration of case), at the end insert “in relation to it”.

15B          In section 20(12) of the Proceeds of Crime Act 2002 (no order made:
reconsideration of benefit), at the end insert “in relation to it”.”

 

Page 66, line 4, leave out “so far as they relate to such orders” and insert “in relation
to it”

 

Page 66, line 6, leave out “so far as they relate to such orders” and insert “in relation
to it”

Clause 55

LORD BATES

 

Page 41, line 39, at end insert—

“( )   regulations under section 43(8) which remove a public authority
from Schedule (Public authorities under a duty to co-operate with the
Commissioner
) (public authorities under a duty to co-operate with
the Commissioner), other than in consequence of the authority
having ceased to exist;”

 

Page 41, line 41, at end insert—

“( )   regulations under section (Regulations about identifying and
supporting victims
) (identifying and supporting victims);”

 

Page 41, line 41, at end insert—

“( )   regulations under section 51(6) which remove a public authority
from section 51(5), other than in consequence of the authority
having ceased to exist;”

 

Page 41, line 42, at end insert—

“( )   the first regulations under section 52(3) (definition of turnover for
purposes of section 52);”

 

Page 42, line 1, leave out from “section” to end of line 2 and insert “43(6)—

(a)   are subject to the affirmative procedure if they contain provision
removing a public authority from Schedule (Public authorities under
a duty to co-operate with the Commissioner
) (public authorities under
a duty to co-operate with the Commissioner), other than in
consequence of the authority having ceased to exist;

(b)   otherwise, are subject to the negative procedure.”

 

Page 42, line 4, leave out “43” and insert “43(7)”

 

Page 42, line 7, leave out “43” and insert “43(7)”

 

Page 42, line 8, at end insert “, unless they are regulations to which subsection (7B)
applies.

(7A)    The Department of Justice in Northern Ireland may not make regulations
to which subsection (7B) applies unless a draft of the regulations has been
laid before, and approved by a resolution of, the Northern Ireland
Assembly.

(7B)    This subsection applies to regulations under section 43(7) which contain
provision removing a public authority from Schedule (Public authorities
under a duty to co-operate with the Commissioner
) (public authorities under a
duty to co-operate with the Commissioner), other than in consequence of
the authority having ceased to exist.”

In the Title

LORD BATES

 

Line 1, leave out from “labour” to “to” in line 2 and insert “and about human
trafficking, including provision for the protection of victims;”

Prepared 17th February 2015