Modern Slavery Bill

MARSHALLED
list of Amendments
to be moved
on REPORT

The amendments have been marshalled in accordance with the Order of 12th February 2015, as follows—

Clauses 1 to 14
Schedule 1
Clauses 15 to 37
Schedule 2
Clauses 38 to 45 Title
Schedule 3
Clauses 46 to 54
Schedule 4
Clauses 55 to 59

[Amendments marked * are new or have been altered]

Clause 1

BARONESS HAMWEE

BARONESS SUTTIE

1*

Page 1, line 17, at end insert “person’s characteristics or”

2*

Page 2, line 1, after “person’s” insert “characteristics or”

3*

Page 2, line 3, after “illness” insert “or disability”

LORD BATES

4

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).”

After Clause 1

BARONESS DOOCEY

BARONESS ROYALL OF BLAISDON

LORD GOLDSMITH

LORD PATEL

5

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.”

After Clause 4

LORD JAMES OF BLACKHEATH

6

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.”

BARONESS YOUNG OF HORNSEY

7*

Insert the following new Clause—

“Legal liability for the beneficiaries of slavery

A person (“A”) commits an offence if that person benefits from an offence
under section 1 or 2 committed by another person (“B”) where—

(a)   B acted for A’s benefit; and

(b)   A’s lack of supervision or control enabled B to commit the offence.”

Clause 8

LORD BATES

8

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

9

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

10

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

11

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

12

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

13

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

14

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

15

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”

After Clause 10

BARONESS YOUNG OF HORNSEY

BARONESS HAMWEE

BARONESS BUTLER-SLOSS

BARONESS KENNEDY OF CRADLEY

16

Insert the following new Clause—

“Civil remedies for modern slavery

(1)     A victim of modern slavery may bring a civil action against any person
who commits an offence against that victim under sections 1, 2 and 4 (or
who knowingly benefits financially or by receiving anything of value from
participation in a venture which that person knew or should have known
has involved an offence under sections 1, 2 and 4) for the recovery of
damages, injunctive relief, and any other appropriate relief.

(2)     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
sections 1, 2 or 4 or has been convicted of a different offence or of a different
type or class of offence.

(3)     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.

(4)     This limitation period may be extended where the civil court considers it
just and equitable to do so.

(5)     An action brought under this section may be stayed by the civil court either
on its own volition or at the request of the prosecution 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.

(6)     Damages awarded under this section shall be offset by any compensation
paid to the victim for the same act pursuant to section 8 (reparation order
following a criminal conviction for a relevant offence) or an award paid to
the victim for the same act by the Criminal Injuries Compensation Scheme.

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

(8)     There shall be the provision of legal aid to enable a civil claim under this
section to be brought.

(9)     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.

(10)     This section shall have the same extra-territorial effect as sections 1, 2 and
4 .”

BARONESS HAMWEE

BARONESS SUTTIE

17*

Insert the following new Clause—

“Claims in employment tribunals

The Secretary of State must consult such persons as he or she considers
appropriate with regard to access by victims of modern slavery to
employment tribunals to make claims including claims for payment of the
national minimum wage.”

Clause 13

LORD BATES

18

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

19

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

20

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,”

21

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

22

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

Clause 34

LORD BATES

23

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

24

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

Clause 37

LORD BATES

25

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

26

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 WARNER

LORD PATEL

THE LORD BISHOP OF DERBY

LORD ALTON OF LIVERPOOL

27

Page 30, line 40, at end insert “and may bring any matter to the attention of either
House of Parliament irrespective of other provisions in this Act”

LORD BATES

28

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.”

LORD WARNER

LORD PATEL

THE LORD BISHOP OF DERBY

LORD ALTON OF LIVERPOOL

29

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

“(4)     The Secretary of State shall, within the approved budget—

(a)   allow the Commissioner to appoint any staff he considers necessary
for assisting him in the exercise of his functions; and

(b)   ensure that he has such accommodation equipment and facilities as
he considers necessary for the exercise of his functions.”

Clause 41

LORD ALTON OF LIVERPOOL

THE EARL OF SANDWICH

BARONESS KENNEDY OF CRADLEY

LORD JUDD

30

Page 31, line 15, after “practice” insert “, both in the United Kingdom and
throughout the world,”

LORD BATES

31

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

32

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),”

33

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

34

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

35

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

36

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

37

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.”

LORD ALTON OF LIVERPOOL

THE EARL OF SANDWICH

BARONESS KENNEDY OF CRADLEY

LORD JUDD

38

Page 32, line 36, at end insert—

“(11)    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.

(12)     Each annual report under subsection (11) 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 ALTON OF LIVERPOOL

BARONESS KENNEDY OF CRADLEY

LORD JUDD

39

Page 33, line 8, at end insert “including the annual reports submitted by embassies
and high commissions of the United Kingdom”

LORD BATES

40

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

LORD ALTON OF LIVERPOOL

BARONESS KENNEDY OF CRADLEY

LORD JUDD

41

Page 33, line 28, 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”

Clause 43

LORD BATES

42

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).”

43

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

44

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

45

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.”

LORD ALTON OF LIVERPOOL

BARONESS KENNEDY OF CRADLEY

LORD JUDD

46

Page 34, line 34, at end insert—

“( )     For the purposes of this section “specified public authority” shall also
include all embassies and high commissions of the United Kingdom.”

Before Clause 45

LORD WARNER

LORD PATEL

THE LORD BISHOP OF DERBY

47

Insert the following new Clause—

“Establishment of the National Referral Mechanism

(1)     The Secretary of State must as soon as practicable establish by order 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 one-year renewable residence
permit where a person (including a child) has been determined as having
been trafficked, enslaved or exploited.

(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.”

BARONESS BUTLER-SLOSS

BARONESS HAMWEE

48

Insert the following new Clause—

“The National Referral Mechanism

The Secretary of State may make regulations to establish a statutory
National Referral Mechanism.”

Clause 45

LORD BATES

BARONESS KENNEDY OF CRADLEY

49

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

Clause 47

BARONESS KENNEDY OF THE SHAWS

50

Page 36, line 23, at end insert “or, where the services are provided before the
competent authority has considered or determined that there are such grounds,
the legal representative providing those services reasonably believes that the
standardised indicators of slavery, servitude or forced or compulsory labour are
met”

After Clause 47

BARONESS KENNEDY OF THE SHAWS

51

Insert the following new Clause—

“Civil legal aid for victims of trafficking

(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), in paragraph 32(6) after “such grounds” insert “or,
where the services are provided before the competent authority has
considered or determined that there are such grounds, the legal
representative providing those services reasonably believes that the
standardised indicators of trafficking are met”.”

Clause 48

BARONESS BUTLER-SLOSS

52

Page 37, line 23, leave out “such”

53

Page 37, line 23, leave out “as the Secretary of State considers reasonable”

LORD BATES

54

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

LORD MCCOLL OF DULWICH

55*

Page 37, line 25, leave out from “children” to end of line 26 and insert “to whom
this section applies.

( )     This section applies to a child if—

(a)   a reference relating to that child has been, or is about to be, made to
a competent authority for a determination for the purposes of
Article 10 of the Trafficking Convention as to whether there are
reasonable grounds to believe that the child is a victim of trafficking
in human beings; and

(b)   there has not been a conclusive determination that the child is not
such a victim.”

BARONESS BUTLER-SLOSS

56

Page 37, line 25, leave out “who” and insert “as soon as”

LORD BATES

57

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

BARONESS BUTLER-SLOSS

58

Page 37, line 25, after “believe” insert “a child”

59

Page 37, line 26, leave out “victims” and insert “a victim”

BARONESS ROYALL OF BLAISDON

BARONESS BUTLER-SLOSS

60

Page 37, line 27, leave out from “must” to end of line 30 and insert “ensure—

(a)   a child should be represented and supported by someone who is
independent of any person who will be responsible for making
decisions about the child;

(b)   a child trafficking advocate shall have the power, where necessary,
to appoint and instruct legal representation on all matters relevant
to the interests of the child; and

(c)   any person or body providing services or taking administrative
decisions in relation to a child for whom a child trafficking advocate
has been appointed under this section must recognise, and pay due
regard to, the functions of the advocate and must (to the extent
otherwise permitted by law) provide the advocate with access to
such information relating to the child as will enable the advocate to
carry out his or her functions effectively.”

LORD BATES

61

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.”

LORD MCCOLL OF DULWICH

BARONESS BUTLER-SLOSS

LORD BATES

62

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

LORD BATES

63

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

64

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

BARONESS BUTLER-SLOSS

65

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

LORD BATES

66

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

67

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

68

Page 37, line 39, at end insert—

“( )   requiring an independent child trafficking advocate to be
3appointed for a child as soon as reasonably practicable, where there
are reasonable grounds to believe a child may be a victim of human
5trafficking;”

LORD MCCOLL OF DULWICH

[Amendment 69 is an amendment to Amendment 68]

69*


Line 3, leave out from “practicable” to end of line 5

LORD BATES

70

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

BARONESS BUTLER-SLOSS

71

Page 37, line 41, leave out paragraph (d)

LORD BATES

72

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).”

73

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

Clause 49

LORD MCCOLL OF DULWICH

74

Page 38, line 5, after “guidance” insert “, in conjunction with the Independent Anti-
slavery Commissioner,”

75

Page 38, line 9, leave out paragraph (b)

LORD BATES

76

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

77

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”

LORD MCCOLL OF DULWICH

BARONESS GREY-THOMPSON

LORD ANDERSON OF SWANSEA

LORD MORROW

78

Page 38, line 13, at end insert—

“(1A)    Support and assistance for physical, psychological and social recovery
must be provided to persons—

(a)   where a reference relating to that person has been, or is about to be,
made to the competent authority for a determination for the
purposes of Article 10 of the Trafficking Convention as to whether
there are reasonable grounds to believe that the person is a victim
of trafficking in human beings; and

(b)   until a determination is made by a competent authority that the
person is not a victim of trafficking in human beings; and

(c)   in accordance with guidance issued under subsection (1B).

(1B)    The Secretary of State must issue guidance, to such public authorities and
other persons as the Secretary of State considers appropriate, about
arrangements for providing assistance and support in accordance with
subsection (1A), and the assistance and support provided under this
guidance must—

(a)   meet international obligations for the services that victims are
entitled to receive in relation to—

(i)   appropriate and safe accommodation;

(ii)   material assistance for day-to-day living;

(iii)   medical advice and treatment, including psychological
assistance and counselling;

(iv)   appropriate information on any matter of relevance or
potential relevance to the particular circumstances of the
person;

(v)   translation and interpretation services;

(vi)   legal advice and representation;

(vii)   assistance in applying for compensation;

(viii)   assistance with repatriation;

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

(c)   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;

(d)   meet minimum standards for such support set out by the Secretary
of State in the guidance published under this subsection;

(e)   ensure that any assistance and support provided to a child shall
have the child’s best interests as the primary consideration;

(f)   ensure that assistance and support provided to an adult must be
provided with their agreement; and

(g)   be subject to regular audit to ensure that it is meeting the conditions
set out in this subsection.”

LORD MCCOLL OF DULWICH

79

Page 38, line 14, leave out second “the”

80

Page 38, line 15, leave out “subsection (1)” and insert “this section”

LORD BATES

81

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

82

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

83

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

84

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

85

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

86

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

87

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

88

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).”

89

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.”

After Clause 51

LORD HYLTON

BARONESS ROYALL OF BLAISDON

THE LORD BISHOP OF CARLISLE

BARONESS HANHAM

90

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

LORD ALTON OF LIVERPOOL

91

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 slavery 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.”

THE LORD BISHOP OF DERBY

LORD ALTON OF LIVERPOOL

BARONESS KENNEDY OF CRADLEY

92

Insert the following new Clause—

“Enforcement agencies

(1)     The Secretary of State shall consult on ways to strengthen and improve the
resources of enforcement agencies such as the Gangmasters Licensing
Authority and the Employment Agency Standards Inspectorate using
confiscated assets and proceeds of crime recovered under the provisions of
section 7.

(2)     A consultation under subsection (1) shall end no later than 1 January 2016.

(3)     The Secretary of State may by order 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.

(4)     An order under subsection (3) may not be made unless a draft of the
statutory instrument containing it has been laid before each House of
Parliament and been approved by a resolution in each House.”

Clause 52

BARONESS YOUNG OF HORNSEY

93

Page 39, line 15, after “(2)” insert “and all public sector organisations”

94

Page 39, leave out lines 19 to 22 and insert—

“(b)   has a turnover equivalent to a company defined as “medium” or
“large” by the Companies Act 2006”

BARONESS BUTLER-SLOSS

95

Page 39, line 22, at end insert—

“( )     The Secretary of State may make regulations to impose the duties imposed
on commercial organisations by this section on any government
department or any procurement agency for a government department
specified in the regulations.”

BARONESS YOUNG OF HORNSEY

96

Page 39, line 23, leave out from “year” to end of line 28 and insert “shall include—

(a)   policy commitments,

(b)   actions taken to identify, assess and mitigate the risk of slavery and
human trafficking occurring in the supply chain, and

(c)   any other such information prescribed in regulations made by the
Secretary of State.”

LORD BATES

97

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.”

BARONESS BUTLER-SLOSS

BARONESS HAMWEE

98

Page 39, line 28, at end insert—

“( )     A commercial organisation within subsection (2) must send a copy of its
slavery and human trafficking statement to the Independent Anti-slavery
Commissioner for each financial year of the organisation.”

LORD BATES

99

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

100

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),”
101

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

Schedule 4

LORD BATES

102

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

103

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”.”

104

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

105

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

Clause 55

LORD BATES

106

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;”

107

Page 41, line 41, at end insert—

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

108

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;”

109

Page 41, line 42, at end insert—

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

110

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.”

111

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

112

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

113

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

114

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 20th February 2015