Modern Slavery Bill

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.”

The Commons disagree to Lords Amendment 72 and propose Amendments 72A,72B and
72C in lieu.

Insert the following new Clause—

“Overseas domestic workers

3

(1)      Immigration rules must make provision for leave to remain in the United
Kingdom to be granted to an overseas domestic worker—

(a)   who has been determined to be a victim of slavery or human
trafficking, and

(b)   in relation to whom such other requirements are met as may be
provided for by the rules.

(2)     Immigration rules must make provision as to the conditions on which such
leave is to be granted, and must in particular provide—

(a)   that the leave is to be for the purpose of working as a domestic
worker in a private household;

(b)   for a person who has such leave to be able to change employer
14(subject to paragraph (a)).

(3)     Immigration rules may specify a maximum period for which a person may
16have leave to remain in the United Kingdom by virtue of subsection (1).

If they do so, the specified maximum period must not be less than 6
months.

19

(4)     For the purposes of this section an overseas domestic worker has been
determined to be a victim of slavery or human trafficking if a public
authority has determined that he or she is such a victim—

(a)   under regulations made under section (Regulations about identifying
and supporting victims)(2)(b), or

(b)   where no such regulations apply, under arrangements identified in
the immigration rules.

(5)     The Secretary of State must issue guidance to persons having functions
under the Immigration Acts about the exercise of those functions in relation
to an overseas domestic worker who may be a victim of slavery or human
trafficking.

(6)     The guidance must provide for a period during which no enforcement
action should be taken against such an overseas domestic worker in respect
of his or her—

(a)   remaining in the United Kingdom beyond the time limited by his or
her leave to enter or remain, or

(b)   breaching a condition of that leave relating to his or her
employment,

if he or she did so because of the matters relied on as slavery or human
trafficking.

(7)     In this section—

“immigration rules” has the same meaning as in the Immigration Act
1971;

“enforcement action” has the meaning given by section 24A of that
Act;

“overseas domestic worker” means a person who, under the
immigration rules, has (or last had) leave to enter or remain in the
United Kingdom as—

(a)   a domestic worker in a private household, or

(b)   a private servant in a diplomatic household.”

Page 40, line 22, after “5” insert “(except for section (Overseas domestic workers))”

Page 40, line 29, leave out “Parts 4,” and insert “Part 4, section (Overseas domestic
workers) in Part 5, and Parts”

Lord Bates to move, That this House do not insist on its Amendment 72 and do
agree with the Commons in their Amendments 72A, 72B and 72C in lieu.

Lord Hylton to move, as an amendment to Motion A, at end insert “but do
propose Amendments 72D, 72E and 72F as amendments to Amendment 72A”.

Line 3, leave out from “for” to end of line 14 and insert “overseas domestic workers
entering the United Kingdom on the restricted domestic worker visa, including
those working for the staff of diplomatic missions, to be entitled to—

(a)   change their employer (but not work sector) while in the United
Kingdom provided they notify the Secretary of State;

(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)   obtain a 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.”

Line 16, after “(1)” insert “(c)”

Line 19, leave out subsection (4)