Modern Slavery Bill

Page 37, line 23, leave out “such”

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

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

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.”

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

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

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

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

Page 37, line 27, leave out from beginning to “be” in line 28 and insert “For the
purposes of subsection (1), a child must”

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.”

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 35, leave out “may” and insert “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
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;”

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

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

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

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)

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

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

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 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.”

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

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

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.”

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.”

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)   ”

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.”

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.”

[Withdrawn]

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.”

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

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”

Page 39, line 22, at end insert “and may include the turnover of its subsidiaries and
franchisees”

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.”

[Withdrawn]

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.”

Line 2, leave out “may” and insert “must, so far as is reasonably necessary to
understand the adequacy of any steps referred to in subsection (4)(a),”

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.”

Page 39, line 28, at end insert—

“( )     The Office of the Independent Anti-slavery Commissioner shall maintain a
website for receiving slavery and human trafficking statements in a form in
which the published data is freely searchable by members of the public.

( )     An organisation which is required by this section to prepare a slavery and
human trafficking statement shall upload a copy of that statement to that
website within 28 days of the statement being signed.

( )     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—

(a)   a fair summary of the slavery and human trafficking statement; and

(b)   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.”

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

Page 40, line 4, leave out subsection (9) and insert—

“(9)     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.

(9A)    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.

(9B)    It is a defence for any person charged with an offence under subsection
(9A) to prove that he took all reasonable steps to ensure compliance with
this section.

(9C)    A person guilty of an offence under subsection (9A) is liable on summary
conviction to fine not exceeding the statutory maximum and on conviction
on indictment to a fine.

(9D)    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.”

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

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

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”

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.”

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