some default text...

Amendments 135, 136, and 143 seek to remove any requirement for consent to be considered by the court when looking at clause 1. While I do not favour the wording of the amendments tabled today, which could make prosecution harder, I want to be clear that the Government are open to clarifying this aspect of the

4 Nov 2014 : Column 721

offences. We have already altered the Bill following pre-legislative scrutiny to make it clear that the court could look at all the circumstances when determining whether an offence had taken place, including any vulnerability of the victim. I am now seriously considering the issue of consent in clause 1 and whether the law could be clarified to make it clearer that consent does not preclude a determination that a child is being held in slavery or servitude or required to perform forced or compulsory labour.

Turning to the trafficking offence, the pre-legislative scrutiny Committee also raised a concern that the offence in the draft Bill might not be as broad as the international definition, for example on receipt or harbouring of the victim. We responded and made it clear in the Bill that arranging or facilitating the travel of another person includes all of the ways through which human trafficking may be committed, as set out in the Palermo protocol and EU directive. So a person may arrange or facilitate travel by recruiting, transporting, transferring, harbouring or receiving, or transferring or exchanging control over a person—words reflecting those used in the international instruments.

In Committee, we debated whether there should be a requirement for travel in the offence. Those instruments are explicitly concerned with “human trafficking”. The evil that we are trying to tackle is trafficking, and clearly trafficking involves movement or travel of the victim.

On asset recovery, I am grateful to my hon. Friend the Member for North East Cambridgeshire (Stephen Barclay) and the right hon. Member for Birkenhead (Mr Field) for raising the important issue of asset recovery in relation to modern slavery offences. We have amended the definitions of modern slavery offences to make them lifestyle offences for the purposes of the Proceeds of Crime Act 2002 and introduced a reparation order, but we are seeking through the Serious Crime Bill to look at a number of other measures that would tighten up asset recovery overall. I hope that my hon. Friend and the right hon. Gentleman will allow us to have that debate when the Serious Crime Bill reaches this place.

The provisions of the Proceeds of Crime Act are already tougher—

4 pm

Debate interrupted (Programme Order, this day).

The Deputy Speaker put forthwith the Question already proposed from the Chair (Standing Order No. 83E), That the clause be read a Second time.

The House divided:

Ayes 227, Noes 288.

Division No. 68]

[

4 pm

AYES

Abbott, Ms Diane

Abrahams, Debbie

Ainsworth, rh Mr Bob

Alexander, Heidi

Ali, Rushanara

Allen, Mr Graham

Anderson, Mr David

Austin, Ian

Bailey, Mr Adrian

Bain, Mr William

Banks, Gordon

Barron, rh Kevin

Begg, Dame Anne

Benn, rh Hilary

Berger, Luciana

Betts, Mr Clive

Blackman-Woods, Roberta

Blenkinsop, Tom

Blomfield, Paul

Blunkett, rh Mr David

Bradshaw, rh Mr Ben

Brown, Lyn

Brown, rh Mr Nicholas

Brown, Mr Russell

Burden, Richard

Burnham, rh Andy

Byrne, rh Mr Liam

Campbell, rh Mr Alan

Campbell, Mr Gregory

Campbell, Mr Ronnie

Carswell, Douglas

Caton, Martin

Champion, Sarah

Chapman, Jenny

Clark, Katy

Clarke, rh Mr Tom

Clwyd, rh Ann

Coaker, Vernon

Coffey, Ann

Connarty, Michael

Cooper, Rosie

Cooper, rh Yvette

Corbyn, Jeremy

Creasy, Stella

Cruddas, Jon

Cryer, John

Cunningham, Alex

Cunningham, Mr Jim

Cunningham, Sir Tony

Danczuk, Simon

Darling, rh Mr Alistair

David, Wayne

Davidson, Mr Ian

Davies, Geraint

De Piero, Gloria

Dobson, rh Frank

Docherty, Thomas

Dodds, rh Mr Nigel

Donaldson, rh Mr Jeffrey M.

Donohoe, Mr Brian H.

Doran, Mr Frank

Doughty, Stephen

Doyle, Gemma

Dromey, Jack

Dugher, Michael

Durkan, Mark

Eagle, Maria

Efford, Clive

Elliott, Julie

Ellman, Mrs Louise

Esterson, Bill

Evans, Chris

Farrelly, Paul

Field, rh Mr Frank

Fitzpatrick, Jim

Flello, Robert

Flint, rh Caroline

Flynn, Paul

Francis, Dr Hywel

Gapes, Mike

Gardiner, Barry

Gilmore, Sheila

Glass, Pat

Glindon, Mrs Mary

Godsiff, Mr Roger

Goodman, Helen

Greatrex, Tom

Green, Kate

Greenwood, Lilian

Gwynne, Andrew

Hain, rh Mr Peter

Hamilton, Mr David

Hamilton, Fabian

Hanson, rh Mr David

Harman, rh Ms Harriet

Harris, Mr Tom

Havard, Mr Dai

Hepburn, Mr Stephen

Hermon, Lady

Heyes, David

Hillier, Meg

Hodge, rh Margaret

Hodgson, Mrs Sharon

Hoey, Kate

Hood, Mr Jim

Hopkins, Kelvin

Howarth, rh Mr George

Jackson, Glenda

Jamieson, Cathy

Johnson, rh Alan

Johnson, Diana

Jones, Graham

Jones, Helen

Jones, Mr Kevan

Jones, Susan Elan

Kane, Mike

Keeley, Barbara

Kendall, Liz

Lammy, rh Mr David

Lavery, Ian

Lazarowicz, Mark

Leslie, Chris

Lewell-Buck, Mrs Emma

Lewis, Mr Ivan

Long, Naomi

Love, Mr Andrew

Lucas, Caroline

Lucas, Ian

MacNeil, Mr Angus Brendan

Mactaggart, Fiona

Mahmood, Mr Khalid

Malhotra, Seema

Mann, John

Marsden, Mr Gordon

McCabe, Steve

McCann, Mr Michael

McCarthy, Kerry

McClymont, Gregg

McCrea, Dr William

McDonagh, Siobhain

McDonnell, Dr Alasdair

McDonnell, John

McFadden, rh Mr Pat

McGovern, Alison

McGovern, Jim

McGuire, rh Mrs Anne

McInnes, Liz

McKechin, Ann

McKenzie, Mr Iain

McKinnell, Catherine

Meale, Sir Alan

Mearns, Ian

Miller, Andrew

Mitchell, Austin

Moon, Mrs Madeleine

Morrice, Graeme

(Livingston)

Morris, Grahame M.

(Easington)

Mudie, Mr George

Murphy, rh Paul

Murray, Ian

Nash, Pamela

O'Donnell, Fiona

Osborne, Sandra

Owen, Albert

Paisley, Ian

Pearce, Teresa

Perkins, Toby

Phillipson, Bridget

Pound, Stephen

Powell, Lucy

Raynsford, rh Mr Nick

Reed, Mr Jamie

Reed, Mr Steve

Reeves, Rachel

Reynolds, Emma

Reynolds, Jonathan

Riordan, Mrs Linda

Ritchie, Ms Margaret

Robertson, John

Robinson, Mr Geoffrey

Roy, Mr Frank

Roy, Lindsay

Ruane, Chris

Ruddock, rh Dame Joan

Sawford, Andy

Seabeck, Alison

Shannon, Jim

Sharma, Mr Virendra

Sheerman, Mr Barry

Sheridan, Jim

Shuker, Gavin

Simpson, David

Skinner, Mr Dennis

Slaughter, Mr Andy

Smith, Angela

Smith, Nick

Smith, Owen

Spellar, rh Mr John

Straw, rh Mr Jack

Stringer, Graham

Stuart, Ms Gisela

Tami, Mark

Thomas, Mr Gareth

Thornberry, Emily

Timms, rh Stephen

Trickett, Jon

Turner, Karl

Twigg, Derek

Umunna, Mr Chuka

Vaz, rh Keith

Vaz, Valerie

Walley, Joan

Watson, Mr Tom

Watts, Mr Dave

Weir, Mr Mike

Whiteford, Dr Eilidh

Whitehead, Dr Alan

Williams, Hywel

Williamson, Chris

Wilson, Phil

Winnick, Mr David

Winterton, rh Ms Rosie

Wishart, Pete

Wood, Mike

Woodcock, John

Wright, David

Wright, Mr Iain

Tellers for the Ayes:

Nic Dakin

and

Julie Hilling

NOES

Afriyie, Adam

Aldous, Peter

Amess, Mr David

Andrew, Stuart

Arbuthnot, rh Mr James

Baker, Steve

Baldry, rh Sir Tony

Barker, rh Gregory

Barwell, Gavin

Bebb, Guto

Bellingham, Mr Henry

Benyon, Richard

Beresford, Sir Paul

Berry, Jake

Bingham, Andrew

Binley, Mr Brian

Birtwistle, Gordon

Blackman, Bob

Blackwood, Nicola

Blunt, Crispin

Boles, Nick

Bone, Mr Peter

Bottomley, Sir Peter

Bradley, Karen

Brady, Mr Graham

Brake, rh Tom

Bray, Angie

Brazier, Mr Julian

Bridgen, Andrew

Brine, Steve

Brokenshire, James

Brooke, rh Annette

Browne, Mr Jeremy

Bruce, Fiona

Bruce, rh Sir Malcolm

Buckland, Mr Robert

Burns, Conor

Burrowes, Mr David

Burstow, rh Paul

Burt, rh Alistair

Burt, Lorely

Cairns, Alun

Campbell, rh Sir Menzies

Carmichael, rh Mr Alistair

Carmichael, Neil

Cash, Sir William

Chishti, Rehman

Clappison, Mr James

Clark, rh Greg

Clarke, rh Mr Kenneth

Clifton-Brown, Geoffrey

Coffey, Dr Thérèse

Collins, Damian

Colvile, Oliver

Cox, Mr Geoffrey

Crockart, Mike

Crouch, Tracey

Davey, rh Mr Edward

Davies, Philip

de Bois, Nick

Dinenage, Caroline

Djanogly, Mr Jonathan

Doyle-Price, Jackie

Drax, Richard

Duncan Smith, rh Mr Iain

Dunne, Mr Philip

Ellis, Michael

Ellison, Jane

Ellwood, Mr Tobias

Elphicke, Charlie

Eustice, George

Evans, Graham

Evans, Jonathan

Evans, Mr Nigel

Evennett, Mr David

Fabricant, Michael

Farron, Tim

Featherstone, rh Lynne

Field, Mark

Foster, rh Mr Don

Fox, rh Dr Liam

Francois, rh Mr Mark

Freeman, George

Freer, Mike

Fuller, Richard

Gale, Sir Roger

Garnier, Sir Edward

Garnier, Mark

Gauke, Mr David

Gibb, Mr Nick

Glen, John

Goldsmith, Zac

Goodwill, Mr Robert

Graham, Richard

Grant, Mrs Helen

Gray, Mr James

Grayling, rh Chris

Green, rh Damian

Greening, rh Justine

Grieve, rh Mr Dominic

Griffiths, Andrew

Gummer, Ben

Gyimah, Mr Sam

Hague, rh Mr William

Halfon, Robert

Hames, Duncan

Hammond, Stephen

Hancock, rh Matthew

Hands, rh Greg

Harper, Mr Mark

Harrington, Richard

Harris, Rebecca

Hart, Simon

Harvey, Sir Nick

Haselhurst, rh Sir Alan

Hayes, rh Mr John

Heald, Sir Oliver

Heath, Mr David

Heaton-Harris, Chris

Hemming, John

Henderson, Gordon

Hinds, Damian

Hoban, Mr Mark

Hollingbery, George

Hollobone, Mr Philip

Hopkins, Kris

Horwood, Martin

Howarth, Sir Gerald

Hughes, rh Simon

Hunt, rh Mr Jeremy

Hunter, Mark

Huppert, Dr Julian

Hurd, Mr Nick

Jackson, Mr Stewart

James, Margot

Javid, rh Sajid

Jenkin, Mr Bernard

Jenrick, Robert

Johnson, Gareth

Johnson, Joseph

Jones, Andrew

Jones, rh Mr David

Jones, Mr Marcus

Kawczynski, Daniel

Kelly, Chris

Knight, rh Sir Greg

Kwarteng, Kwasi

Lamb, rh Norman

Lancaster, Mark

Latham, Pauline

Laws, rh Mr David

Leadsom, Andrea

Leech, Mr John

Lefroy, Jeremy

Leigh, Sir Edward

Leslie, Charlotte

Letwin, rh Mr Oliver

Lewis, Brandon

Lewis, Dr Julian

Lilley, rh Mr Peter

Lloyd, Stephen

Lopresti, Jack

Loughton, Tim

Luff, Sir Peter

Lumley, Karen

Macleod, Mary

Main, Mrs Anne

Maude, rh Mr Francis

Maynard, Paul

McCartney, Jason

McCartney, Karl

McIntosh, Miss Anne

McLoughlin, rh Mr Patrick

McPartland, Stephen

McVey, rh Esther

Menzies, Mark

Metcalfe, Stephen

Miller, rh Maria

Mills, Nigel

Milton, Anne

Moore, rh Michael

Mordaunt, Penny

Morgan, rh Nicky

Morris, Anne Marie

Morris, James

Mosley, Stephen

Mulholland, Greg

Mundell, rh David

Munt, Tessa

Murray, Sheryll

Murrison, Dr Andrew

Neill, Robert

Newton, Sarah

Nokes, Caroline

Norman, Jesse

Nuttall, Mr David

O'Brien, rh Mr Stephen

Offord, Dr Matthew

Ollerenshaw, Eric

Opperman, Guy

Ottaway, rh Sir Richard

Paice, rh Sir James

Parish, Neil

Patel, Priti

Paterson, rh Mr Owen

Pawsey, Mark

Penning, rh Mike

Penrose, John

Perry, Claire

Phillips, Stephen

Pickles, rh Mr Eric

Pincher, Christopher

Poulter, Dr Daniel

Prisk, Mr Mark

Raab, Mr Dominic

Redwood, rh Mr John

Rees-Mogg, Jacob

Reid, Mr Alan

Robathan, rh Mr Andrew

Robertson, rh Sir Hugh

Robertson, Mr Laurence

Rosindell, Andrew

Rudd, Amber

Ruffley, Mr David

Russell, Sir Bob

Rutley, David

Sanders, Mr Adrian

Sandys, Laura

Scott, Mr Lee

Selous, Andrew

Sharma, Alok

Shelbrooke, Alec

Simmonds, Mark

Simpson, Mr Keith

Skidmore, Chris

Smith, Chloe

Smith, Henry

Smith, Sir Robert

Soubry, Anna

Spelman, rh Mrs Caroline

Spencer, Mr Mark

Stephenson, Andrew

Stevenson, John

Stewart, Iain

Stewart, Rory

Streeter, Mr Gary

Stride, Mel

Stunell, rh Sir Andrew

Sturdy, Julian

Swales, Ian

Swayne, rh Mr Desmond

Swinson, Jo

Syms, Mr Robert

Tapsell, rh Sir Peter

Teather, Sarah

Thornton, Mike

Thurso, rh John

Timpson, Mr Edward

Tomlinson, Justin

Tredinnick, David

Truss, rh Elizabeth

Turner, Mr Andrew

Tyrie, Mr Andrew

Uppal, Paul

Vaizey, Mr Edward

Vara, Mr Shailesh

Vickers, Martin

Villiers, rh Mrs Theresa

Walker, Mr Charles

Ward, Mr David

Weatherley, Mike

Webb, rh Steve

Wharton, James

Wheeler, Heather

White, Chris

Whittaker, Craig

Whittingdale, Mr John

Wiggin, Bill

Williams, Roger

Williams, Stephen

Williamson, Gavin

Wilson, Mr Rob

Wollaston, Dr Sarah

Wright, rh Jeremy

Wright, Simon

Yeo, Mr Tim

Young, rh Sir George

Zahawi, Nadhim

Tellers for the Noes:

Harriett Baldwin

and

Mr Ben Wallace

Question accordingly negatived.

4 Nov 2014 : Column 722

4 Nov 2014 : Column 723

4 Nov 2014 : Column 724

4 Nov 2014 : Column 725

The Deputy Speaker then put forthwith the Questions necessary for the disposal of business to be concluded at that time (Standing Order No. 83E).

New Clause 4

Offence of exploitation

‘(1) A person commits an offence if they exploit a person by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or abuse of a position of vulnerability, or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person.

(2) A person may be in a situation of exploitation whether or not—

(a) escape from the situation is practically possible for the person; or

(b) the person has attempted to escape from the situation.

(3) The consent or apparent consent of the person of the exploitation is irrelevant where any of the means set forth in section 9(1) has been used.’—(Diana Johnson.)

Brought up.

Question put, That the clause be added to the Bill.

The House divided:

Ayes 225, Noes 288.

Division No. 69]

[

4.13 pm

AYES

Abbott, Ms Diane

Abrahams, Debbie

Ainsworth, rh Mr Bob

Alexander, Heidi

Ali, Rushanara

Allen, Mr Graham

Anderson, Mr David

Austin, Ian

Bailey, Mr Adrian

Bain, Mr William

Banks, Gordon

Barron, rh Kevin

Begg, Dame Anne

Benn, rh Hilary

Berger, Luciana

Betts, Mr Clive

Blackman-Woods, Roberta

Blenkinsop, Tom

Blomfield, Paul

Blunkett, rh Mr David

Bradshaw, rh Mr Ben

Brooke, rh Annette

Brown, Lyn

Brown, rh Mr Nicholas

Brown, Mr Russell

Burden, Richard

Burnham, rh Andy

Byrne, rh Mr Liam

Campbell, rh Mr Alan

Campbell, Mr Gregory

Campbell, Mr Ronnie

Caton, Martin

Champion, Sarah

Chapman, Jenny

Clark, Katy

Clarke, rh Mr Tom

Clwyd, rh Ann

Coaker, Vernon

Coffey, Ann

Connarty, Michael

Cooper, Rosie

Cooper, rh Yvette

Corbyn, Jeremy

Creasy, Stella

Cruddas, Jon

Cryer, John

Cunningham, Alex

Cunningham, Mr Jim

Cunningham, Sir Tony

Danczuk, Simon

Darling, rh Mr Alistair

David, Wayne

Davidson, Mr Ian

Davies, Geraint

De Piero, Gloria

Dobson, rh Frank

Docherty, Thomas

Dodds, rh Mr Nigel

Donaldson, rh Mr Jeffrey M.

Donohoe, Mr Brian H.

Doran, Mr Frank

Doughty, Stephen

Doyle, Gemma

Dromey, Jack

Dugher, Michael

Durkan, Mark

Eagle, Maria

Efford, Clive

Elliott, Julie

Ellman, Mrs Louise

Esterson, Bill

Evans, Chris

Farrelly, Paul

Field, rh Mr Frank

Fitzpatrick, Jim

Flello, Robert

Flint, rh Caroline

Flynn, Paul

Francis, Dr Hywel

Gapes, Mike

Gardiner, Barry

Gilmore, Sheila

Glass, Pat

Glindon, Mrs Mary

Godsiff, Mr Roger

Goodman, Helen

Greatrex, Tom

Green, Kate

Greenwood, Lilian

Gwynne, Andrew

Hain, rh Mr Peter

Hamilton, Mr David

Hamilton, Fabian

Hanson, rh Mr David

Harman, rh Ms Harriet

Harris, Mr Tom

Havard, Mr Dai

Hepburn, Mr Stephen

Hermon, Lady

Heyes, David

Hillier, Meg

Hodgson, Mrs Sharon

Hoey, Kate

Hood, Mr Jim

Hopkins, Kelvin

Howarth, rh Mr George

Jackson, Glenda

Jamieson, Cathy

Johnson, rh Alan

Johnson, Diana

Jones, Graham

Jones, Helen

Jones, Mr Kevan

Jones, Susan Elan

Kane, Mike

Keeley, Barbara

Kendall, Liz

Lammy, rh Mr David

Lavery, Ian

Lazarowicz, Mark

Leslie, Chris

Lewell-Buck, Mrs Emma

Lewis, Mr Ivan

Long, Naomi

Love, Mr Andrew

Lucas, Caroline

Lucas, Ian

MacNeil, Mr Angus Brendan

Mactaggart, Fiona

Mahmood, Mr Khalid

Malhotra, Seema

Mann, John

Marsden, Mr Gordon

McCabe, Steve

McCann, Mr Michael

McCarthy, Kerry

McClymont, Gregg

McCrea, Dr William

McDonagh, Siobhain

McDonnell, Dr Alasdair

McDonnell, John

McFadden, rh Mr Pat

McGovern, Alison

McGovern, Jim

McGuire, rh Mrs Anne

McInnes, Liz

McKechin, Ann

McKenzie, Mr Iain

McKinnell, Catherine

Meale, Sir Alan

Mearns, Ian

Miller, Andrew

Mitchell, Austin

Moon, Mrs Madeleine

Morrice, Graeme

(Livingston)

Morris, Grahame M.

(Easington)

Mudie, Mr George

Murphy, rh Paul

Murray, Ian

Nash, Pamela

O'Donnell, Fiona

Osborne, Sandra

Owen, Albert

Paisley, Ian

Pearce, Teresa

Perkins, Toby

Phillipson, Bridget

Pound, Stephen

Powell, Lucy

Raynsford, rh Mr Nick

Reed, Mr Jamie

Reed, Mr Steve

Reeves, Rachel

Reynolds, Emma

Reynolds, Jonathan

Riordan, Mrs Linda

Ritchie, Ms Margaret

Robertson, John

Robinson, Mr Geoffrey

Roy, Mr Frank

Roy, Lindsay

Ruane, Chris

Ruddock, rh Dame Joan

Sawford, Andy

Seabeck, Alison

Shannon, Jim

Sharma, Mr Virendra

Sheerman, Mr Barry

Sheridan, Jim

Shuker, Gavin

Simpson, David

Skinner, Mr Dennis

Slaughter, Mr Andy

Smith, Angela

Smith, Nick

Smith, Owen

Spellar, rh Mr John

Straw, rh Mr Jack

Stringer, Graham

Stuart, Ms Gisela

Tami, Mark

Thomas, Mr Gareth

Thornberry, Emily

Timms, rh Stephen

Turner, Karl

Twigg, Derek

Umunna, Mr Chuka

Vaz, rh Keith

Vaz, Valerie

Walley, Joan

Watson, Mr Tom

Watts, Mr Dave

Weir, Mr Mike

Whiteford, Dr Eilidh

Whitehead, Dr Alan

Williams, Hywel

Williamson, Chris

Wilson, Phil

Winnick, Mr David

Winterton, rh Ms Rosie

Wishart, Pete

Wood, Mike

Woodcock, John

Wright, David

Wright, Mr Iain

Tellers for the Ayes:

Nic Dakin

and

Julie Hilling

NOES

Afriyie, Adam

Aldous, Peter

Amess, Mr David

Andrew, Stuart

Arbuthnot, rh Mr James

Baker, Steve

Baldry, rh Sir Tony

Baldwin, Harriett

Barclay, Stephen

Barker, rh Gregory

Bebb, Guto

Bellingham, Mr Henry

Benyon, Richard

Beresford, Sir Paul

Berry, Jake

Bingham, Andrew

Binley, Mr Brian

Birtwistle, Gordon

Blackman, Bob

Blackwood, Nicola

Blunt, Crispin

Boles, Nick

Bone, Mr Peter

Bottomley, Sir Peter

Bradley, Karen

Brady, Mr Graham

Brake, rh Tom

Bray, Angie

Brazier, Mr Julian

Bridgen, Andrew

Brine, Steve

Brokenshire, James

Browne, Mr Jeremy

Bruce, Fiona

Bruce, rh Sir Malcolm

Buckland, Mr Robert

Burns, Conor

Burrowes, Mr David

Burstow, rh Paul

Burt, rh Alistair

Burt, Lorely

Cairns, Alun

Campbell, rh Sir Menzies

Carmichael, rh Mr Alistair

Carmichael, Neil

Cash, Sir William

Chishti, Rehman

Clappison, Mr James

Clark, rh Greg

Clarke, rh Mr Kenneth

Clifton-Brown, Geoffrey

Coffey, Dr Thérèse

Collins, Damian

Colvile, Oliver

Cox, Mr Geoffrey

Crockart, Mike

Crouch, Tracey

Davey, rh Mr Edward

Davies, Philip

de Bois, Nick

Dinenage, Caroline

Djanogly, Mr Jonathan

Doyle-Price, Jackie

Drax, Richard

Duncan Smith, rh Mr Iain

Dunne, Mr Philip

Ellis, Michael

Ellison, Jane

Ellwood, Mr Tobias

Elphicke, Charlie

Eustice, George

Evans, Graham

Evans, Jonathan

Evans, Mr Nigel

Evennett, Mr David

Fabricant, Michael

Farron, Tim

Featherstone, rh Lynne

Field, Mark

Foster, rh Mr Don

Fox, rh Dr Liam

Francois, rh Mr Mark

Freeman, George

Freer, Mike

Fuller, Richard

Gale, Sir Roger

Garnier, Sir Edward

Garnier, Mark

Gauke, Mr David

Gibb, Mr Nick

Glen, John

Goldsmith, Zac

Goodwill, Mr Robert

Graham, Richard

Grant, Mrs Helen

Gray, Mr James

Grayling, rh Chris

Green, rh Damian

Greening, rh Justine

Grieve, rh Mr Dominic

Griffiths, Andrew

Gummer, Ben

Gyimah, Mr Sam

Hague, rh Mr William

Halfon, Robert

Hames, Duncan

Hammond, Stephen

Hancock, rh Matthew

Hands, rh Greg

Harper, Mr Mark

Harrington, Richard

Harris, Rebecca

Hart, Simon

Harvey, Sir Nick

Haselhurst, rh Sir Alan

Hayes, rh Mr John

Heald, Sir Oliver

Heath, Mr David

Heaton-Harris, Chris

Hemming, John

Henderson, Gordon

Hinds, Damian

Hoban, Mr Mark

Hollingbery, George

Hollobone, Mr Philip

Hopkins, Kris

Horwood, Martin

Howarth, Sir Gerald

Hughes, rh Simon

Hunt, rh Mr Jeremy

Hunter, Mark

Huppert, Dr Julian

Hurd, Mr Nick

Jackson, Mr Stewart

James, Margot

Javid, rh Sajid

Jenkin, Mr Bernard

Jenrick, Robert

Johnson, Gareth

Johnson, Joseph

Jones, Andrew

Jones, rh Mr David

Jones, Mr Marcus

Kawczynski, Daniel

Kelly, Chris

Knight, rh Sir Greg

Kwarteng, Kwasi

Lamb, rh Norman

Lancaster, Mark

Latham, Pauline

Leadsom, Andrea

Leech, Mr John

Lefroy, Jeremy

Leigh, Sir Edward

Leslie, Charlotte

Letwin, rh Mr Oliver

Lewis, Brandon

Lewis, Dr Julian

Lilley, rh Mr Peter

Lloyd, Stephen

Lopresti, Jack

Loughton, Tim

Luff, Sir Peter

Lumley, Karen

Macleod, Mary

Main, Mrs Anne

Maude, rh Mr Francis

Maynard, Paul

McCartney, Jason

McCartney, Karl

McIntosh, Miss Anne

McLoughlin, rh Mr Patrick

McPartland, Stephen

McVey, rh Esther

Menzies, Mark

Metcalfe, Stephen

Miller, rh Maria

Mills, Nigel

Milton, Anne

Moore, rh Michael

Mordaunt, Penny

Morgan, rh Nicky

Morris, Anne Marie

Morris, James

Mosley, Stephen

Mulholland, Greg

Mundell, rh David

Munt, Tessa

Murray, Sheryll

Murrison, Dr Andrew

Neill, Robert

Newton, Sarah

Nokes, Caroline

Norman, Jesse

Nuttall, Mr David

O'Brien, rh Mr Stephen

Offord, Dr Matthew

Ollerenshaw, Eric

Opperman, Guy

Ottaway, rh Sir Richard

Paice, rh Sir James

Parish, Neil

Patel, Priti

Paterson, rh Mr Owen

Pawsey, Mark

Penning, rh Mike

Penrose, John

Perry, Claire

Phillips, Stephen

Pickles, rh Mr Eric

Pincher, Christopher

Poulter, Dr Daniel

Prisk, Mr Mark

Raab, Mr Dominic

Randall, rh Sir John

Redwood, rh Mr John

Rees-Mogg, Jacob

Reid, Mr Alan

Robathan, rh Mr Andrew

Robertson, rh Sir Hugh

Robertson, Mr Laurence

Rosindell, Andrew

Rudd, Amber

Ruffley, Mr David

Russell, Sir Bob

Rutley, David

Sanders, Mr Adrian

Sandys, Laura

Scott, Mr Lee

Selous, Andrew

Sharma, Alok

Shelbrooke, Alec

Simmonds, Mark

Simpson, Mr Keith

Skidmore, Chris

Smith, Chloe

Smith, Henry

Smith, Sir Robert

Soubry, Anna

Spelman, rh Mrs Caroline

Spencer, Mr Mark

Stephenson, Andrew

Stevenson, John

Stewart, Iain

Stewart, Rory

Streeter, Mr Gary

Stride, Mel

Stunell, rh Sir Andrew

Sturdy, Julian

Swales, Ian

Swayne, rh Mr Desmond

Swinson, Jo

Syms, Mr Robert

Tapsell, rh Sir Peter

Teather, Sarah

Thornton, Mike

Thurso, rh John

Timpson, Mr Edward

Tomlinson, Justin

Tredinnick, David

Truss, rh Elizabeth

Turner, Mr Andrew

Tyrie, Mr Andrew

Uppal, Paul

Vaizey, Mr Edward

Vara, Mr Shailesh

Vickers, Martin

Villiers, rh Mrs Theresa

Walker, Mr Charles

Ward, Mr David

Weatherley, Mike

Webb, rh Steve

Wharton, James

Wheeler, Heather

White, Chris

Whittaker, Craig

Whittingdale, Mr John

Wiggin, Bill

Williams, Roger

Williams, Stephen

Williamson, Gavin

Wilson, Mr Rob

Wollaston, Dr Sarah

Wright, rh Jeremy

Wright, Simon

Yeo, Mr Tim

Young, rh Sir George

Zahawi, Nadhim

Tellers for the Noes:

Mr Ben Wallace

and

Gavin Barwell

Question accordingly negatived.

4 Nov 2014 : Column 726

4 Nov 2014 : Column 727

4 Nov 2014 : Column 728

4 Nov 2014 : Column 729

New Clause 8

Enforcement powers in relation to ships: Scotland

(1) A Scottish constable or an enforcement officer may exercise the powers set out in Part 2 of Schedule 1 (“Part 2 powers”) in relation to—

(a) a United Kingdom ship in Scotland waters, foreign waters or international waters,

(b) a ship without nationality in Scotland waters or international waters,

(c) a foreign ship in Scotland waters, or

(d) a ship, registered under the law of a relevant territory, in Scotland waters.

(2) But Part 2 powers may be exercised only—

(a) for the purpose of preventing, detecting or investigating a listed offence, and

(b) in accordance with the rest of this section.

(3) The authority of the Secretary of State is required before a Scottish constable or an enforcement officer may exercise Part 2 powers in relation to a United Kingdom ship in foreign waters.

(4) Authority for the purposes of subsection (3) may be given only if the State or relevant territory in whose waters the powers would be exercised consents to the exercise of the powers.

4 Nov 2014 : Column 730

(5) The authority of the Secretary of State is required before a Scottish constable or an enforcement officer may exercise Part 2 powers in relation to a foreign ship, or a ship registered under the law of a relevant territory, within the territorial sea adjacent to the United Kingdom.

(6) Authority for the purposes of subsection (5) may be given in relation to a foreign ship only if—

(a) the home state has requested the assistance of the United Kingdom for the purpose mentioned in subsection (2)(a),

(b) the home state has authorised the United Kingdom to act for that purpose, or

(c) the Convention otherwise permits the exercise of Part 2 powers in relation to the ship.

(7) In giving authority for the purposes of subsection (5) in relation to a foreign ship the Secretary of State must give effect to any conditions or limitations that the home state imposes as part of a request or authorisation of the kind mentioned in subsection (6)(a) or (b) (if the authority is given as a result of that request or authorisation).

(8) For the purposes of subsection (2)(a), “listed offence” means an offence under—

(a) section 22 of the Criminal Justice (Scotland) Act 2003 (traffic in prostitution etc) (asp 7);

(b) section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (trafficking for exploitation);

(c) section 47 of the Criminal Justice and Licensing (Scotland) Act 2010 (slavery, servitude and forced or compulsory labour) (asp 13).—(Karen Bradley.)

This New Clause provides additional powers for law enforcement in Scotland to tackle suspected human trafficking or slavery at sea. The details of the additional powers are set out in Part 2 of Schedule 1 (inserted by amendment 129).

Brought up, and added to the Bill.

New Clause 9

Enforcement powers in relation to ships: Northern Ireland

(1) A Northern Ireland constable or an enforcement officer may exercise the powers set out in Part 3 of Schedule 1 (“Part 3 powers”) in relation to—

(a) a United Kingdom ship in Northern Ireland waters, foreign waters or international waters,

(b) a ship without nationality in Northern Ireland waters or international waters,

(c) a foreign ship in Northern Ireland waters, or

(d) a ship, registered under the law of a relevant territory, in Northern Ireland waters.

(2) But Part 3 powers may be exercised only—

(a) for the purpose of preventing, detecting, investigating or prosecuting a listed offence, and

(b) in accordance with the rest of this section.

(3) The authority of the Chief Constable of the Police Service of Northern Ireland is required before an enforcement officer may exercise any Part 3 powers.

(4) The authority of the Secretary of State is required before a Northern Ireland constable or an enforcement officer may exercise Part 3 powers in relation to a United Kingdom ship in foreign waters.

(5) Authority for the purposes of subsection (4) may be given only if the State or relevant territory in whose waters the powers would be exercised consents to the exercise of the powers.

(6) The authority of the Secretary of State is required before a Northern Ireland constable or an enforcement officer may exercise Part 3 powers in relation to a foreign ship, or a ship registered under the law of a relevant territory, within the territorial sea adjacent to the United Kingdom.

4 Nov 2014 : Column 731

(7) Authority for the purposes of subsection (6) may be given in relation to a foreign ship only if—

(a) the home state has requested the assistance of the United Kingdom for the purpose mentioned in subsection (2)(a),

(b) the home state has authorised the United Kingdom to act for that purpose, or

(c) the Convention otherwise permits the exercise of Part 3 powers in relation to the ship.

(8) In giving authority for the purposes of subsection (6) in relation to a foreign ship the Secretary of State must give effect to any conditions or limitations that the home state imposes as part of a request or authorisation of the kind mentioned in subsection (7)(a) or (b) (if the authority is given as a result of that request or authorisation).

(9) For the purposes of subsection (2)(a), “listed offence” means an offence under—

(a) section 57, 58, 58A or 59 of the Sexual Offences Act 2003 (trafficking for sexual exploitation);

(b) section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (trafficking for exploitation);

(c) section 71 of the Coroners and Justice Act 2009 (slavery, servitude and forced or compulsory labour).—(Karen Bradley.)

This New Clause provides additional powers for law enforcement in Northern Ireland to tackle suspected human trafficking or slavery at sea. The details of the additional powers are set out in Part 3 of Schedule 1 (inserted by amendment 129).

Brought up, and added to the Bill.

New Clause 10

Hot pursuit of ships in United Kingdom waters

(1) An English and Welsh constable or an enforcement officer may exercise Part 1 powers in relation to a ship in Scotland waters or in Northern Ireland waters if—

(a) the ship is pursued there,

(b) immediately before the pursuit of the ship, the ship was in relevant waters, and

(c) the condition in subsection (10) is met.

(2) Part 1 powers may be exercised under subsection (1) only—

(a) for the purpose mentioned in subsection (2)(a) of section13, and

(b) (if relevant) in accordance with subsections (5) to (7) of that section.

(3) For the purposes of subsection (1)(b), “relevant waters” are—

(a) in the case of a United Kingdom ship or a ship without nationality, England and Wales waters or international waters;

(b) in the case of a foreign ship or a ship registered under the law of a relevant territory, England and Wales waters.

(4) A Scottish constable or an enforcement officer may exercise Part 2 powers in relation to a ship in England and Wales waters or in Northern Ireland waters if—

(a) the ship is pursued there,

(b) immediately before the pursuit of the ship, the ship was in relevant waters, and

(c) the condition in subsection (10) is met.

(5) Part 2 powers may be exercised under subsection (4) only—

(a) for the purpose mentioned in subsection (2)(a) of section (Enforcement powers in relation to ships: Scotland), and

(b) (if relevant) in accordance with subsections (5) to (7) of that section.

(6) For the purposes of subsection (4)(b), “relevant waters” are—

4 Nov 2014 : Column 732

(a) in the case of a United Kingdom ship or a ship without nationality, Scotland waters or international waters;

(b) in the case of a foreign ship or a ship registered under the law of a relevant territory, Scotland waters.

(7) A Northern Ireland constable or an enforcement officer may exercise Part 3 powers in relation to a ship in England and Wales waters or in Scotland waters if—

(a) the ship is pursued there,

(b) immediately before the pursuit of the ship, the ship was in relevant waters, and

(c) the condition in subsection (10) is met.

(8) Part 3 powers may be exercised under subsection (7) only—

(a) for the purpose mentioned in subsection (2)(a) of section (Enforcement powers in relation to ships: Northern Ireland), and

(b) (if relevant) in accordance with subsections (6) to (8) of that section.

(9) For the purposes of subsection (7)(b), “relevant waters” are—

(a) in the case of a United Kingdom ship or a ship without nationality, Northern Ireland waters or international waters;

(b) in the case of a foreign ship or a ship registered under the law of a relevant territory, Northern Ireland waters.

(10) The condition referred to in subsection (1)(c), (4)(c) and (7)(c) is that—

(a) before the pursuit of the ship, a signal is given for it to stop, and

(b) the pursuit of the ship is not interrupted.

(11) The signal referred to in subsection (10)(a) must be given in such a way as to be audible or visible from the ship.

(12) For the purposes of subsection (10)(b), pursuit is not interrupted by reason only of the fact that—

(a) the method of carrying out the pursuit, or

(b) the identity of the ship or aircraft carrying out the pursuit,

changes during the course of the pursuit.

(13) Nothing in this Part affects any right of hot pursuit that a constable or an enforcement officer may have under international law.—(Karen Bradley.)

This New Clause sets out powers of hot pursuit, where law enforcement seek to pursue a suspected vessel between waters adjacent to different jurisdictions within the UK or between UK waters and international waters.

Brought up, and added to the Bill.

Clause 13

Enforcement powers in relation to ships

Amendments made: 2, page 9, line 20, at beginning insert

“An English and Welsh constable or”.

This amendment, together with amendments 10, 14, 71, 75 76, 77, 80, 81, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 107, 108, 110, 111, 112, 114, 115, 116, 117, 118, 121, 122, 124, 125, 126, is consequential on amendments 23 and 24.

Amendment 3, page 9, line 20, leave out “Schedule 1” and insert

“Part 1 of Schedule1 (“Part 1 powers”)”.

This amendment, together with amendments 70, 73, 106, 109, 113, 119, 123 and 127, results from the division of Schedule 1 into 3 Parts (see amendment 129).

Amendment 4, page 9, line 22, leave out “domestic waters” and insert

“England and Wales waters, foreign waters”.

4 Nov 2014 : Column 733

This amendment is consequential on amendments 22 and 25.

Amendment 5, page 9, line 23, leave out “domestic” and insert “England and Wales”.

This amendment, together with amendment 7, is consequential on amendment 22.

Amendment 6, page 9, leave out line 24

This amendment is consequential on amendment 26.

Amendment 7, page 9, line 25, leave out “domestic” and insert “England and Wales”.

Amendment 8, page 9, line 25, at end insert “, or

(d) a ship, registered under the law of a relevant territory, in England and Wales waters.”

Paragraph (d) inserted by this amendment adds to the categories of ships in relation to which enforcement officers can exercise enforcement powers.

Amendment 9, page 9, line 26, leave out “Schedule” and insert “Part”.

This amendment, together with amendments 11, 15 and 18, is consequential on amendment 3.

Amendment 10, page 9, line 30, after “before” insert

“an English and Welsh constable or”.

Amendment 11, page 9, line 31, leave out “Schedule” and insert “Part”.

Amendment 12, page 9, leave out lines 32 and 33 and insert “foreign waters”.

This amendment results from the new definition of “foreign waters” (see amendment 25).

Amendment 13, page 9, line 34, leave out “in question” and insert

“or relevant territory in whose waters the powers would be exercised”.

This amendment is consequential on amendment 8 and ensures that the Secretary of State may only give authority under clause 13(3) in respect of a UK ship in the waters of a relevant territory where that territory consents.

Amendment 14, page 9, line 36, after “before” insert

“an English and Welsh constable or”.

Amendment 15, page 9, line 37, leave out “Schedule” and insert “Part”.

Amendment 16, page 9, line 37, leave out from “ship” to end of line 38 and insert

“, or a ship registered under the law of a relevant territory, within the territorial sea adjacent to the United Kingdom.”

This amendment requires that the authority of the Secretary of State is given before enforcement powers can be exercised in relation to a ship, registered under the law of a relevant territory, which is within the territorial sea adjacent to the United Kingdom.

Amendment 17, page 9, line 39, after “given” insert

“in relation to a foreign ship”.

This amendment ensures that the conditions on when the Secretary of State may give authority for the exercise of enforcement powers in relation to ships within the territorial sea adjacent to the United Kingdom apply only in relation to foreign ships.

Amendment 18, page 9, line 44, leave out “Schedule” and insert “Part”.

Amendment 19, page 9, line 45, leave out “foreign”.

This is a technical amendment which removes a word that becomes unnecessary in consequence of amendment 17.

Amendment 20, page 10, line 1, after “(5)” insert

“in relation to a foreign ship”.

This amendment is consequential on amendment 17 and makes it clear that the requirement in clause 13(7) to give effect to any conditions or limitations imposed by a home state applies only in relation to foreign ships.

4 Nov 2014 : Column 734

Amendment 21, page 10, line 5, leave out “section (and in Schedule 1)” and insert “Part”.

It is expected that subsections (8) and (9) of clause 13 will become a new section providing for the interpretation of a new Part expected to be formed by subsections (1) to (7) of clause 13 and New Clauses [NC8 to NC10].

Amendment 22, page 10, line 10, leave out “domestic” and insert “England and Wales”.

This amendment provides for the term “England and Wales waters” in place of “domestic waters”. This term is more appropriate in view of the new provisions providing for enforcement powers in Scotland and Northern Ireland.

Amendment 23, page 10, leave out lines 13 and 14.

This amendment removes the reference to a constable from the definition of “enforcement officer” as references to a constable are now inserted in each relevant place in the provisions. The amendment also removes the reference to an immigration officer from this definition, which is considered to be unnecessary given that the definition includes designated customs officials.

Amendment 24, page 10, line 21, at end insert—

““English and Welsh constable” means only a person who is—

(a) a member of a police force in England and Wales,(b) a member of the British Transport Police Force,(c) a port constable, within the meaning of section 7 of the Marine Navigation Act 2013, or a person appointed to act as a constable under provision made by virtue of section 16 of the Harbours Act 1964, or(d) a National Crime Agency officer having the powers and privileges of a constable in England and Wales under the Crime and Courts Act 2013;”.

This amendment provides for the meaning of “English and Welsh constable”.

Amendment 25, page 10, line 25, at end insert—

““foreign waters” means the sea and other waters within the seaward limits of the territorial sea adjacent to any relevant territory or State other than the United Kingdom;”.

This amendment provides for the meaning of “foreign waters” as a result of limiting the meaning of “international waters” to waters that do not form part of the territorial sea of any State or relevant territory (see amendment 26).

Amendment 26, page 10, line 29, leave out from “waters” to end of line 30 and insert “beyond the territorial sea of the United Kingdom or of any other State or relevant territory;”.

This amendment provides that “international waters” do not include any waters forming part of the territorial sea of other States or relevant territories (which are instead referred to as “foreign waters”).

Amendment 27, page 10, line 30, at end insert—

““Northern Ireland constable” means a member of the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve;

“Northern Ireland waters” means the sea and other waters within the seaward limits of the territorial sea adjacent to Northern Ireland;

“Part 1 powers” means the powers set out in Part 1 of Schedule1;

“Part 2 powers” means the powers set out in Part 2 of that Schedule;

“Part 3 powers” means the powers set out in Part 3 of that Schedule;

“relevant territory” means—

(a) the Isle of Man;(b) any of the Channel Islands;

4 Nov 2014 : Column 735

(c) a British overseas territory;

“Scottish constable” means only a person who is—

(a) a constable, within the meaning of section 99 of the Police and Fire Reform (Scotland) Act 2012 (asp 8), or(b) a National Crime Agency officer having the powers and privileges of a constable in Scotland under the Crime and Courts Act 2013;

“Scotland waters” means the sea and other waters within the seaward limits of the territorial sea adjacent to Scotland;

“ship” includes every description of vessel (including a hovercraft) used in navigation;”.

This amendment sets out various new definitions used in the new Part 2A.

Amendment 28, page 10, leave out line 31.

This amendment removes the definition of a term that is no longer used.

Amendment 29, page 10, line 34, after “State” insert “or relevant territory”.

This amendment clarifies that a stateless vessel is one that is not registered in, or otherwise entitled to fly, the flag of a State or relevant territory.

Amendment 30, page 10, line 35, after “States” insert

“or relevant territories, or under the flags of a State and relevant territory,”.

This amendment clarifies that a vessel is stateless where it flies the flags of two or more States or relevant territories, or both.

Amendment 31, page 10, leave out line 37.

This amendment removes the provision that the term ‘State’ includes territories. The other amendments to clause 13 explicitly deal with the position of the relevant territories.

Amendment 32, page 10, line 41, after “State” insert “or relevant territory”.

This amendment clarifies that a United Kingdom ship includes one that is not registered in any relevant territory (or State) but is wholly owned by persons with a UK connection.

Amendment 33, page 10, line 49, at end insert—

“() an individual who is habitually resident in the United Kingdom, or”—(Karen Bradley.)

This amendment adds an individual who is habitually resident in the UK to the definition of persons who have a UK connection. This provision applies for the purposes of the definition of “United Kingdom ship”.

Clause 36

The Anti-slavery Commissioner

Amendments made: 34, page 26, line 19, after “must” insert

“, after consulting the Scottish Ministers and the Department of Justice in Northern Ireland,”.

This amendment places a duty on the Secretary of State to consult the Scottish Ministers and the Department of Justice in Northern Ireland before appointing the Commissioner.

Amendment 35, page 26, line 19, after “the” insert “Independent”.

This amendment changes the name of the Commissioner from the “Anti-slavery Commissioner” to the “Independent Anti-slavery Commissioner”.

Amendment 36, page 26, line 34, at beginning insert “Independent”.

This amendment is consequential on amendment 35.

Amendment 37, page 26, line 34, at end insert—

4 Nov 2014 : Column 736

‘( ) In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (offices disqualifying for membership: other disqualifying offices) at the appropriate place insert—

“Independent Anti-slavery Commissioner”.”

This amendment adds the Commissioner to the list of disqualifying offices under the Northern Ireland Assembly Disqualification Act 1975.

Amendment 38, page 26, line 37, after “The” insert “Independent”—(Karen Bradley.)

This amendment is consequential on amendment 35.

Clause 37

General functions of Commissioner

Amendments made: 39, page 26, line 40, leave out from “of” to end of line 41 and insert

“slavery and human trafficking offences”.

This amendment, together with amendment 40, adds relevant Scottish and Northern Irish offences to those that the Commissioner has functions in relation to.

Amendment 40, page 27, line 1, at end insert—

‘( ) For the purposes of subsection (1) a slavery and human trafficking offence is an offence under—

(a) section1,2 or4 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 (asp 7) (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 (asp 13) (slavery, servitude and forced or compulsory labour).”.

See the explanatory statement for amendment 39.

Amendment 41, page 27, line 4, leave out “to the Secretary of State”.

This amendment is consequential on amendment 42.

Amendment 42, page 27, line 4, at end insert

“to the Secretary of State, the Scottish Ministers and the Department of Justice in Northern Ireland”.

This amendment enables the Commissioner to make reports to the Scottish Ministers and the Department of Justice in Northern Ireland, as well as the Secretary of State.

Amendment 43, page 27, line 6, leave out “in England and Wales”.

This amendment reflects the expansion of the Commissioner’s role across the UK and enables the Commissioner to make recommendations to any UK public authority (other than a court or tribunal) about the exercise of its functions.

Amendment 44, page 27, line 14, leave out “has authorised” and insert

“, the Scottish Ministers or the Department of Justice in Northern Ireland have asked”.

This amendment extends the definition of a ‘permitted matter’ to include a matter which the Secretary of State, Scottish Ministers or the Department of Justice in Northern Ireland have asked the Commissioner to report on.

Amendment 45, page 27, line 18, leave out from beginning to “publish” and insert

“, the Scottish Ministers or the Department of Justice in Northern Ireland wish to exercise the powers conferred by subsections (5) to (7))”.

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This amendment provides that the Commissioner must not publish a report under subsection (2)(a) before establishing whether the Secretary of State, Scottish Ministers or Department of Justice in Northern Ireland wish to exercise the redaction powers conferred by subsections (5) to (7) (amendment 49 inserts subsections (6) and (7)).

Amendment 46, page 27, line 19, leave out “to the Secretary of State”.

This amendment is consequential on amendment 42.

Amendment 47, page 27, line 24, after “person” insert “in England and Wales”.

This amendment limits the Secretary of State’s power to direct the Commissioner to omit from any report before publication material whose publication the Secretary of State thinks might jeopardise the safety of any person, to the safety of a person in England and Wales.

Amendment 48, page 27, line 25, at end insert

“under the law of England and Wales”.

This amendment limits the Secretary of State’s power to direct the Commissioner to omit from any report before publication material whose publication the Secretary of State thinks might prejudice the investigation or prosecution of an offence, to an offence under the law of England and Wales.

Amendment 49, page 27, line 25, at end insert—

‘(6) The Scottish Ministers may direct the Commissioner to omit from any report before publication any material whose publication the Scottish Ministers think—

(a) might jeopardise the safety of any person in Scotland, or

(b) might prejudice the investigation or prosecution of an offence under the law of Scotland.

(7) The Department of Justice in Northern Ireland may direct the Commissioner to omit from any report before publication any material whose publication the department thinks—

(a) might jeopardise the safety of any person in Northern Ireland, or

(b) might prejudice the investigation or prosecution of an offence under the law of Northern Ireland.

(9) If the Secretary of State, the Scottish Ministers or the Department of Justice in Northern Ireland lay before Parliament, the Scottish Parliament or the Northern Ireland Assembly a report made by the Commissioner under subsection (2)(a), they must lay the report as it is published by the Commissioner under subsection (4).”.—(Karen Bradley.)

This amendment gives Scottish Ministers and the Department of Justice power to direct the removal from reports of material they think might jeopardise the safety of any person in Scotland / Northern Ireland, or prejudice the investigation or prosecution of an offence under the law of Scotland / Northern Ireland.

Clause 38

Strategic plans and annual reports

Amendments made: 50, page 28, line 2, at end insert—

‘( ) The Secretary of State must—

(a) before approving a strategic plan, consult the Scottish Ministers and the Department of Justice in Northern Ireland, and

(b) after approving a strategic plan, send a copy of the plan to the Scottish Ministers and the Department of Justice in Northern Ireland.”.

This amendment places a duty on the Secretary of State to consult the Scottish Ministers and the Department of Justice in Northern Ireland before approving a strategic plan, and to send them a copy of the plan once it has been approved.

Amendment 51, page 28, line 4, after “State” insert

“the Scottish Ministers and the Department of Justice in Northern Ireland”.

4 Nov 2014 : Column 738

This amendment requires the Commissioner to submit the annual report to the Scottish Ministers and the Department of Justice in Northern Ireland, as well as the Secretary of State.

Amendment 52, page 28, line 17, at end insert—

‘(9A) The Scottish Ministers must lay before the Scottish Parliament—

(a) any strategic plan the Secretary of State approves, and,

(b) any annual report they receive,

and must do so as soon as reasonably practicable after receiving the plan or the report.

(9B) The Department of Justice in Northern Ireland must lay before the Northern Ireland Assembly—

(a) any strategic plan the Secretary of State approves, and

(b) any annual report it receives,

and must do so as soon as reasonably practicable after receiving the plan or the report.

(9C) An annual report laid under any of subsections (9) to (9B) must not contain material removed from the report under any of subsections (10) to (12).”.

This amendment requires the Scottish Ministers / Department of Justice to lay the Commissioner’s strategic plans and annual reports before the Scottish Parliament / Northern Ireland Assembly as soon as reasonably practicable. An annual report must not contain information redacted under subsections (10) to (12) (amendment 56 inserts subsections (11) and (12)).

Amendment 53, page 28, line 18, leave out from beginning to “report” in line 19 and insert

“The Secretary of State may remove from an annual”.

This amendment is consequential on amendment 52.

Amendment 54, page 28, line 22, after “person” insert “in England and Wales”.

This amendment limits the Secretary of State’s power to remove from an annual report before publication material whose publication the Secretary of State thinks might jeopardise the safety of any person, to a person in England and Wales.

Amendment 55, page 28, line 23, at end insert

“under the law of England and Wales”.

This amendment limits the Secretary of State’s power to remove from an annual report before publication material whose publication the Secretary of State thinks might prejudice the investigation or prosecution of an offence, to an offence under the law of England and Wales.

Amendment 56, page 28, line 23, at end insert—

‘(11) The Scottish Ministers may remove from an annual report any material whose publication the Scottish Ministers think—

(a) might jeopardise the safety of any person in Scotland, or

(b) might prejudice the investigation or prosecution of an offence under the law of Scotland.

(12) The Department of Justice in Northern Ireland may remove from an annual report any material whose publication the department thinks—

(a) might jeopardise the safety of any person in Northern Ireland, or

(b) might prejudice the investigation or prosecution of an offence under the law of Northern Ireland.”.—(Karen Bradley.)

This amendment gives Scottish Ministers and the Department of Justice power to remove from annual reports material they think might jeopardise the safety of any person in Scotland/Northern Ireland, or prejudice the investigation or prosecution of an offence under the law of Scotland

/

Northern Ireland.

4 Nov 2014 : Column 739

Clause 39

Duty to co-operate with Commissioner

Amendment made: 57, page 28, line 37, leave out from “made” to end of line 38 and insert

“for the purposes of this section.

‘( ) The power to make regulations under subsection (5) is exercisable—

(a) in relation to a public authority having only functions which are exercisable in or as regards Scotland, by the Scottish Ministers,

(b) in relation to a public authority having only functions which are exercisable in or as regards Northern Ireland, by the Department of Justice in Northern Ireland, and

(c) in relation to any other public authority, by the Secretary of State.”.—(Karen Bradley.)

This amendment provides powers for Scottish Ministers/the Department of Justice to specify public authorities who are required to cooperate with the Commissioner. They can only specify public authorities which solely have functions in or as regards Scotland/Northern Ireland. The Secretary of State may specify any other public authority.

Clause 43

Child trafficking advocates

Amendments made: 58, page 30, line 2, leave out “may make arrangements” and insert

“must make such arrangements as the Secretary of State considers reasonable”.

This amendment places a duty on the Secretary of State to make arrangements that she considers reasonable to enable child trafficking advocates to be available for children who there is reason to believe may be victims of human trafficking. This duty is subject to the commencement procedures in amendment 69.

Amendment 59, page 30, line 20, at end insert—

‘(4A) A person exercising the functions of a child trafficking advocate in relation to a child must act in the child’s best interests.”.—(Karen Bradley.)

This amendment places a duty on any person exercising the functions of a child trafficking advocate to act in the child’s best interests.

Clause 47

Interpretation

Amendment made: 60, page 32, leave out line 5.—(Karen Bradley.)

This amendment extends the definition of a “public authority” to mean any public authority in the UK within the meaning of section 6 of the Human Rights Act 1998 (other than a court or tribunal).

Clause 49

Regulations

Amendments made: 61, page 32, line 18, after “regulations” insert

“made by the Secretary of State”.

This amendment is consequential on amendment 57 and reflects the fact that the Bill now contains powers for the Secretary of State, Scottish Ministers and the Department of Justice in Northern Ireland to make secondary legislation.

Amendment 62, page 32, line 29, at end insert—

“() regulations under section (Transparency in supply chains etc)(2);”.

4 Nov 2014 : Column 740

This amendment specifies that regulations under subsection (2)(b) of New Clause NC11, which will specify the total turnover required for that clause to apply to a commercial organisation, will be subject to the affirmative resolution procedure.

Amendment 63, page 32, line 31, at end insert—

‘( ) Regulations made by the Scottish Ministers under section 39 are subject to the negative procedure.

( ) The power of the Department of Justice in Northern Ireland to make regulations under section 39 is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

( ) Regulations made by the Department of Justice in Northern Ireland under section 39 are subject to negative resolution (within the meaning of section 41(6) of the Interpretation (Northern Ireland) Act 1954 (c. 33 (N.I.))).”.

This amendment is consequential on amendment 57 and specifies the relevant legislative procedure for secondary legislation made by the Scottish Ministers and the Department for Justice in Northern Ireland.

Amendment 64, page 32, line 32, leave out

“by the Secretary of State”—

(Karen Bradley.)

This amendment is consequential on amendment 57.

Clause 51

Extent

Amendments made: 65, page 33, line 4, leave out “This Act extends” and

“insert Parts 1, 2 and 4 extend”.

This amendment limits the Parts of the Bill that extend to England and Wales only to Parts 1 (offences), 2 (prevention orders) and 4 (protection of victims). This is subject to amendments generally having the same extent as the provision amended.

Amendment 66, page 33, line 4, at end insert—

‘( ) Part 2A extends as follows—

(a) section (Enforcement powers in relation to ships) extends to England and Wales only;

(b) section (Enforcement powers in relation to ships: Scotland) extends to Scotland only;

(c) section (Enforcement powers in relation to ships: Northern Ireland) extends to Northern Ireland only;

(d) sections (Hot pursuit of ships in United Kingdom waters) and (Interpretation of Part 2A), and Schedule1, extend to England and Wales, Scotland and Northern Ireland.”

This amendment provides for the extent of the new Part 2A.

Amendment 67, page 33, line 4, at end insert—

‘( ) Parts 3, 4A and 5 extend to England and Wales, Scotland and Northern Ireland, subject to subsections (2) and (3).”—(Karen Bradley.)

This amendment provides that Parts 3 (Anti-slavery Commissioner), 4A (which is expected to consist of New Clause NC11) and 5 (final provisions) will extend to England and Wales, Scotland and Northern Ireland (subject to amendments generally having the same extent as the provision amended).

Clause 52

Commencement

Amendments made: 68, page 33, line 23, at end insert—

‘( ) Before making regulations bringing into force any of the provisions of Part 2A, the Secretary of State must consult—

(a) the Scottish Ministers, so far as the provisions extend to Scotland;

(b) the Department of Justice in Northern Ireland, so far as the provisions extend to Northern Ireland.”

4 Nov 2014 : Column 741

This amendment requires the Secretary of State to consult devolved administrations before commencing provisions of the new Part 2A that extend to those administrations.

Amendment 69, page 33, line 23, at end insert—

‘(3A) The Secretary of State may not make regulations under subsection (1) bringing section 43(1) to (4A) (or any part of it) into force before the end of the period of 9 months beginning with the day on which this Act is passed.

(3B) After the end of that period—

(a) if a resolution is passed by each House of Parliament that section43(1) to (4A) (or any part of it) should come into force, the Secretary of State must make regulations under subsection (1) bringing into force that section (or that part of it);

(b) the Secretary of State may not make regulations under subsection (1) bringing into force section43(1) to (4A) (or any part of it) unless required to do so by paragraph (a).

(3C) Regulations made by virtue of subsection (3B)(a) must bring into force section 43(1) to (4A) (or the part of it specified in the resolutions) before the end of the period of one month beginning with the day on which the resolutions are passed (or, if they are passed on different days, the day on which the later of them is passed).”—(Karen Bradley.)

This amendment ensures that the Secretary of State must commence the duty to introduce child trafficking advocates in response to resolutions passed by both Houses of Parliament. These resolutions can only be passed after 9 months from Royal Assent, to give time for the child trafficking advocates trial to finish.

Schedule 1

Enforcement powers in relation to ships

Amendments made: 70, page 34, line 5, after “This” insert “Part of this”.

Amendment 71, page 34, line 5, after “by” insert

“English and Welsh constables and”.

Amendment 72, page 34, line 6, at end insert

“and (Hot pursuit of ships in United Kingdom waters)(1)”.

This amendment is consequential on the powers conferred under subsection (1) of New Clause [NC10].

Amendment 73, page 34, line 7, after “In” insert “this Part of”.

Amendment 74, page 34, line 11, at beginning insert “Part of this”.

Amendment 75, page 34, line 13, after “if” insert

“an English and Welsh constable or”.

Amendment 76, page 34, line 19, after “The” insert “constable or”.

Amendment 77, page 34, line 25, after “before” insert “a constable or”.

Amendment 78, page 34, line 27, leave out “England and Wales” and insert “the United Kingdom”.

This amendment reflects the fact that enforcement powers in relation to ships have been amended to have UK wide extent.

Amendment 79, page 34, line 29, after “State” insert “or relevant territory”.

This amendment ensures that the Secretary of State can only give authority for a ship to be diverted to a port within a relevant territory where that relevant territory is willing to receive the ship.

Amendment 80, page 34, line 30, after first “the” insert “constable or”.

4 Nov 2014 : Column 742

Amendment 81, page 34, line 31, after first “the” insert “constable or enforcement”.

Amendment 82, page 34, line 32, after “home state” insert “or relevant territory”.

This amendment, together with amendments 83 and 84, is consequential on amendment 8.

Amendment 83, page 34, line 33, after “home state” insert “or relevant territory”.

Amendment 84, page 34, line 33, after “State” insert “or relevant territory”.

Amendment 85, page 34, line 34, after “The” insert “constable or”.

Amendment 86, page 35, line 1, at beginning insert “A constable or”.

Amendment 87, page 35, line 4, after “by” insert “a constable or”.

Amendment 88, page 35, line 7, after “if” insert

“an English and Welsh constable or”.

Amendment 89, page 35, line 13, after “The” insert “constable or”.

Amendment 90, page 35, line 17, after “The” insert “constable or”.

Amendment 91, page 35, line 23, after “authorise” insert “a constable or”.

Amendment 92, page 35, line 26, after “(3)” insert “a constable or”.

Amendment 93, page 35, line 30, after “the” insert “constable or enforcement”.

Amendment 94, page 35, line 34, at beginning insert “constable or enforcement”.

Amendment 95, page 35, line 42, after “if” insert

“an English and Welsh constable or”.

Amendment 96, page 36, line 1, after “The” insert “constable or”.

Amendment 97, page 36, line 2, at beginning insert “constable or”.

Amendment 98, page 36, line 3, after “The” insert “constable or”.

Amendment 99, page 36, line 4, after first “the” insert “constable or”.

Amendment 100, page 36, line 5, after “the” insert “constable or”.

Amendment 101, page 36, line 9, after “by” insert

“English and Welsh constables and”.

Amendment 102, page 36, line 14, after first “of” insert “a constable or”.

Amendment 103, page 36, line 15, after “the” insert “constable or”.

Amendment 104, page 36, line 35, after “An” insert

“English and Welsh constable or an”.

Amendment 105, page 36, line 38, after first “the” insert “constable or”.

Amendment 106, page 36, line 38, after “this” insert “Part of this”.

Amendment 107, page 36, line 39, after “accompanying” insert “a constable or”.

Amendment 108, page 36, line 40, after “the” insert “constable’s or”.

4 Nov 2014 : Column 743

Amendment 109, page 36, line 40, after “this” insert “Part of this”.

Amendment 110, page 36, line 41, after “the” insert “constable’s or”.

Amendment 111, page 37, line 2, after “An” insert

“English and Welsh constable or an”.

Amendment 112, page 37, line 3, leave out “the officer’s”.

Amendment 113, page 37, line 3, after “this” insert “Part of this”.

Amendment 114, page 37, line 5, after “An” insert

“English and Welsh constable or an”.

Amendment 115, page 37, line 5, after “the” insert “constable’s or”.

Amendment 116, page 37, line 7, after “of” insert “constables and enforcement”.

Amendment 117, page 37, line 8, after “An” insert

“English and Welsh constable or an”.

Amendment 118, page 37, line 9, leave out “the officer’s”.

Amendment 119, page 37, line 10, after “this” insert “Part of this”.

Amendment 120, page 37, line 14, after “offence” insert

“under the law of England and Wales”.

This amendment, together with amendment 128, limits the offence in paragraph 10 of Schedule 1 to England and Wales. There are corresponding offences in relation to Scotland and Northern Ireland (see paragraphs 18 and 28 of that Schedule, as inserted by amendment 129).

Amendment 121, page 37, line 15, after “obstructs” insert “a constable or”.

Amendment 122, page 37, line 16, leave out “the officer’s”.

Amendment 123, page 37, line 16, after “this” insert “Part of this”.

Amendment 124, page 37, line 18, after “by” insert “a constable or”.

Amendment 125, page 37, line 20, at beginning insert “a constable or”.

Amendment 126, page 37, line 20, leave out “the officer’s”.

Amendment 127, page 37, line 21, after “this” insert “Part of this”.

Amendment 128, page 37, line 21, after “offence” insert

“under the law of England and Wales”.

Amendment 129, page 37, line 26, at end insert—

Part 2

Scotland

Introductory

11 (1) This Part of this Schedule sets out the powers exercisable by Scottish constables and enforcement officers under sections (Enforcement powers in relation to ships: Scotland) and (Hot pursuit of ships in United Kingdom waters)(4).

(2) In this Part of this Schedule—

“items subject to legal privilege” has the same meaning as in Chapter 3 of Part 8 of the Proceeds of Crime Act 2002 (see section 412 of that Act);

4 Nov 2014 : Column 744

“listed offence” has the meaning given by section (Enforcement powers in relation to ships: Scotland)(8);

“the ship” means the ship in relation to which the powers set out in this Part of this Schedule are exercised.

Power to stop, board, divert and detain

12 (1) This paragraph applies if a Scottish constable or an enforcement officer has reasonable grounds to suspect that—

(a) a listed offence is being, or has been, committed on the ship, or

(b) the ship is otherwise being used in connection with the commission of a listed offence.

(2) The constable or enforcement officer may—

(a) stop the ship;

(b) board the ship;

(c) require the ship to be taken to a port (in Scotland or elsewhere) and detained there.

(3) Except as provided by sub-paragraph (5), authority of the Secretary of State is required before a constable or an enforcement officer may exercise the power conferred by sub-paragraph (2)(c) to require the ship to be taken to a port outside the United Kingdom.

(4) Authority for the purposes of sub-paragraph (3) may be given only if the State or relevant territory in which the port is located is willing to receive the ship.

(5) If the constable or enforcement officer is acting under authority given for the purposes of section (Enforcement powers in relation to ships: Scotland)(5), the constable or officer may require the ship to be taken to—

(a) a port in the home state or relevant territory in question, or

(b) if the home state or relevant territory requests, any other State or relevant territory willing to receive the ship.

(6) The constable or enforcement officer may require the master of the ship, or any member of its crew, to take such action as is necessary for the purposes of sub-paragraph (2) or (5).

(7) A constable or an enforcement officer must give notice in writing to the master of any ship detained under this paragraph.

(8) The notice must state that the ship is to be detained until the notice is withdrawn by the giving of a further notice in writing signed by a constable or an enforcement officer.

Power to search and obtain information

13 (1) This paragraph applies if a Scottish constable or an enforcement officer has reasonable grounds to suspect that there is evidence on the ship (other than items subject to legal privilege) relating—

(a) to a listed offence, or

(b) to an offence that is connected with a listed offence.

(2) The constable or enforcement officer may search—

(a) the ship;

(b) anyone on the ship;

(c) anything on the ship (including cargo).

(3) The constable or enforcement officer may require a person on the ship to give information about himself or herself.

(4) The power to search conferred by sub-paragraph (2)—

(a) is only a power to search to the extent that it is reasonably required for the purpose of discovering evidence of the kind mentioned in sub-paragraph (1), and

(b) in the case of a search of a person, does not authorise a constable or an enforcement officer to require the person to remove any clothing in public other than an outer coat, jacket or gloves.

(5) In exercising a power conferred by sub-paragraph (2) or (3) a constable or an enforcement officer may—

(a) open any containers;

4 Nov 2014 : Column 745

(b) require the production of documents, books or records relating to the ship or anything on it (but not including anything the constable or officer has reasonable grounds to believe to be an item subject to legal privilege);

(c) make photographs or copies of anything the production of which the constable or officer has power to require.

(6) The power in sub-paragraph (5)(b) to require the production of documents, books or records includes, in relation to documents, books or records kept in electronic form, power to require the provision of the documents, books or records in a form in which they are legible and can be taken away.

(7) Sub-paragraph (5) is without prejudice to the generality of the powers conferred by sub-paragraphs (2) and (3).

Power of arrest and seizure

14 (1) This paragraph applies if a Scottish constable or an enforcement officer has reasonable grounds to suspect that a listed offence has been, or is being, committed on the ship.

(2) The constable or enforcement officer may arrest without warrant anyone whom the constable or officer has reasonable grounds for suspecting to be guilty of the offence.

(3) The constable or enforcement officer may seize and detain anything found on the ship which appears to the constable or officer to be evidence of the offence (but not including anything that the constable or officer has reasonable grounds to believe to be an item subject to legal privilege).

Assistants

15 (1) A Scottish constable or an enforcement officer may—

(a) be accompanied by other persons, and

(b) take equipment or materials,

to assist the constable or officer in the exercise of powers under this Part of this Schedule.

(2) A person accompanying a constable or an enforcement officer under sub-paragraph (1) may perform any of the constable’s or officer’s functions under this Part of this Schedule, but only under the constable’s or officer’s supervision.

Reasonable force

16 A Scottish constable or an enforcement officer may use reasonable force, if necessary, in the performance of functions under this Part of this Schedule.

Evidence of authority

17 A Scottish constable or an enforcement officer must produce evidence of the constable’s or officer’s authority if asked to do so.

Offences

18 (1) A person commits an offence under the law of Scotland if the person—

(a) intentionally obstructs a constable or an enforcement officer in the performance of functions under this Part of this Schedule, or

(b) fails without reasonable excuse to comply with a requirement made by a constable or an enforcement officer in the performance of those functions.

(2) A person who provides information in response to a requirement made by a Scottish constable or an enforcement officer in the performance of functions under this Part of this Schedule commits an offence under the law of Scotland if—

(a) the information is false in a material particular, and the person either knows it is or is reckless as to whether it is, or

(b) the person intentionally fails to disclose any material particular.

(3) A person guilty of an offence under this paragraph is liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to a fine.

4 Nov 2014 : Column 746

Part 3

Northern Ireland

Introductory

19 (1) This Part of this Schedule sets out the powers exercisable by Northern Ireland constables and enforcement officers under sections (Enforcement powers in relation to ships: Northern Ireland) and (Hot pursuit of ships in United Kingdom waters)(7).

(2) In this Part of this Schedule—

“items subject to legal privilege” has the same meaning as in the Police and Criminal Evidence (Northern Ireland) Order 1989 (1989/1341 (N.I. 12)) (see Article 12 of that Order);

“listed offence” has the meaning given by section (Enforcement powers in relation to ships: Northern Ireland)(9);

“the ship” means the ship in relation to which the powers set out in this Part of this Schedule are exercised.

Power to stop, board, divert and detain

20 (1) This paragraph applies if a Northern Ireland constable or an enforcement officer has reasonable grounds to suspect that—

(a) a listed offence is being, or has been, committed on the ship, or

(b) the ship is otherwise being used in connection with the commission of a listed offence.

(2) The constable or enforcement officer may—

(a) stop the ship;

(b) board the ship;

(c) require the ship to be taken to a port (in Northern Ireland or elsewhere) and detained there.

(3) Except as provided by sub-paragraph (5), authority of the Secretary of State is required before a constable or an enforcement officer may exercise the power conferred by sub-paragraph (2)(c) to require the ship to be taken to a port outside the United Kingdom.

(4) Authority for the purposes of sub-paragraph (3) may be given only if the State or relevant territory in which the port is located is willing to receive the ship.

(5) If the constable or enforcement officer is acting under authority given for the purposes of section (Enforcement powers in relation to ships: Northern Ireland)(6), the constable or officer may require the ship to be taken to—

(a) a port in the home state or relevant territory in question, or

(b) if the home state or relevant territory requests, any other State or relevant territory willing to receive the ship.

(6) The constable or enforcement officer may require the master of the ship, or any member of its crew, to take such action as is necessary for the purposes of sub-paragraph (2) or (5).

(7) A constable or an enforcement officer must give notice in writing to the master of any ship detained under this paragraph.

(8) The notice must state that the ship is to be detained until the notice is withdrawn by the giving of a further notice in writing signed by a constable or an enforcement officer.

Power to search and obtain information

21 (1) This paragraph applies if a Northern Ireland constable or an enforcement officer has reasonable grounds to suspect that there is evidence on the ship (other than items subject to legal privilege) relating—

(a) to a listed offence, or

(b) to an offence that is connected with a listed offence.

(2) The constable or enforcement officer may search—

(a) the ship;

(b) anyone on the ship;

(c) anything on the ship (including cargo).

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(3) The constable or enforcement officer may require a person on the ship to give information about himself or herself or about anything on the ship.

(4) The power to search conferred by sub-paragraph (2)—

(a) is only a power to search to the extent that it is reasonably required for the purpose of discovering evidence of the kind mentioned in sub-paragraph (1), and

(b) in the case of a search of a person, does not authorise a constable or an enforcement officer to require the person to remove any clothing in public other than an outer coat, jacket or gloves.

(5) In exercising a power conferred by sub-paragraph (2) or (3) a constable or an enforcement officer may—

(a) open any containers;

(b) require the production of documents, books or records relating to the ship or anything on it (but not including anything the constable or officer has reasonable grounds to believe to be an item subject to legal privilege);

(c) make photographs or copies of anything the production of which the constable or officer has power to require.

(6) The power in sub-paragraph (5)(b) to require the production of documents, books or records includes, in relation to documents, books or records kept in electronic form, power to require the provision of the documents, books or records in a form in which they are legible and can be taken away.

(7) Sub-paragraph (5) is without prejudice to the generality of the powers conferred by sub-paragraphs (2) and (3).

Power of arrest and seizure

22 (1) This paragraph applies if a Northern Ireland constable or an enforcement officer has reasonable grounds to suspect that a listed offence has been, or is being, committed on the ship.

(2) The constable or enforcement officer may arrest without warrant anyone whom the constable or officer has reasonable grounds for suspecting to be guilty of the offence.

(3) The constable or enforcement officer may seize and detain anything found on the ship which appears to the constable or officer to be evidence of the offence (but not including anything that the constable or officer has reasonable grounds to believe to be an item subject to legal privilege).

Code of practice

23 (1) The Department of Justice in Northern Ireland must prepare and issue a code in respect of the practice to be followed by Northern Ireland constables and enforcement officers when arresting a person under the power conferred by paragraph 22.

(2) The code must in particular provide guidance as to the information to be given to the person at the time of arrest (whether about procedural rights or other matters).

(3) A failure of a constable or an enforcement officer to comply with any provision of the code does not of itself render the constable or officer liable to any criminal or civil proceedings.

(4) The code—

(a) is admissible in evidence in criminal and civil proceedings, and

(b) may be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant.

(5) The Department of Justice may at any time revise the whole or any part of the code.

(6) The code, or any revision of the code, does not come into operation until the Department of Justice—

(a) lays a draft of the code, or revised code, before the Northern Ireland Assembly, and

(b) provides by order for the code, or revised code, to come into operation.

(7) An order bringing the code into operation may contain such transitional provisions or savings as appear to the Department of Justice to be necessary or expedient.

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(8) An order under this paragraph is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))).

(9) The power of the Department of Justice to make an order under this paragraph is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

Assistants

24 (1) A Northern Ireland constable or an enforcement officer may—

(a) be accompanied by other persons, and

(b) take equipment or materials,

to assist the constable or officer in the exercise of powers under this Part of this Schedule.

(2) A person accompanying a constable or an enforcement officer under sub-paragraph (1) may perform any of the constable’s or officer’s functions under this Part of this Schedule, but only under the constable’s or officer’s supervision.

Reasonable force

25 A Northern Ireland constable or an enforcement officer may use reasonable force, if necessary, in the performance of functions under this Part of this Schedule.

Evidence of authority

26 A Northern Ireland constable or an enforcement officer must produce evidence of the constable’s or officer’s authority if asked to do so.

Protection of constables and enforcement officers

27 A Northern Ireland constable or an enforcement officer is not liable in any criminal or civil proceedings for anything done in the purported performance of functions under this Part of this Schedule if the court is satisfied that—

(a) the act was done in good faith, and

(b) there were reasonable grounds for doing it.

Offences

28 (1) A person commits an offence under the law of Northern Ireland if the person—

(a) intentionally obstructs a constable or an enforcement officer in the performance of functions under this Part of this Schedule, or

(b) fails without reasonable excuse to comply with a requirement made by a constable or an enforcement officer in the performance of those functions.

(2) A person who provides information in response to a requirement made by a Northern Ireland constable or an enforcement officer in the performance of functions under this Part of this Schedule commits an offence under the law of Northern Ireland if—

(a) the information is false in a material particular, and the person either knows it is or is reckless as to whether it is, or

(b) the person intentionally fails to disclose any material particular.

(3) A person guilty of an offence under this paragraph is liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or to both.”—(Karen Bradley.)

This amendment inserts two new Parts into Schedule 1, setting out enforcement powers in relation to Scotland and Northern Ireland. These include powers to stop, board, divert and detain vessels, and powers relating to search, arrest and seizure.

4 Nov 2014 : Column 749

Schedule 4

Minor and consequential amendments

Amendment made: 130, page 50, leave out line 10 and insert—

‘(1) The Prevention of Social Housing Fraud Act 2013 is amended as follows.

(2) In section 4(12)(d) (application of Powers of Criminal Courts (Sentencing) Act 2000 to unlawful profit orders)—

(a) for the words from “133(3)(c)” to “confiscation order or” substitute “133(3)(c)(ii) to an unlawful profit order under section 4 were to”;

(b) omit the second “(or both)”.

(3) In the Schedule”.—(Karen Bradley.)

This amendment is consequential on the changes to section 133(3)(c) of the Powers of Criminal Courts (Sentencing) Act 2000 made by paragraph 13 of Schedule 4.

Amendment made: 131, title, line 2 after “an” insert “Independent”.—(Karen Bradley.)

This amendment is consequential on amendment 3.


New Clause 1

Enabling provision to enable the Gangmasters Licensing Authority to tackle modern day slavery

(1) 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.

(2) An order under subsection (1) 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.”—(Mr Hanson.)

Brought up, and read the First time.

Mr David Hanson (Delyn) (Lab): I beg to move, That the clause be read a Second time.

Madam Deputy Speaker (Dame Dawn Primarolo): With this it will be convenient to discuss the following:

New clause 16—Accommodation operated by gangmasters

‘(1) The Secretary of State shall within one year of this Act being passed bring forward regulations to require gangmasters providing, or soliciting a third party to provide, accommodation to a worker to—

(a) agree and keep of a copy of a tenancy agreement with the worker;

(b) provide and keep copies of receipts for any rent paid by the worker to them; and

(c) keep a rent book recording rent due and paid.

(2) In section 7 of the Gangmaster (Licensing) Act 2004 after subsection (5) insert—

“(6) It shall be a condition of holding a license under this section that the gangmaster provide on request to the Authority or a local authority the documents required under regulations made under section (Accommodation operated by Gangmasters) of the Modern Slavery Act 2014.”

(3) The Authority and police shall have the right of inspection of tenancy agreements held by letting agencies where there are reasonable grounds to suspect a number of properties are let or sub-let by the same individual to multiple workers.”

New clause 17—Gangmasters: offences, financial transactions

4 Nov 2014 : Column 750

In the Gangmaster Licensing Act 2004 after section 13 (Offences: payments to or by gangmasters) insert—

“13A Offences: gangmasters, financial transactions

(1) This section applies to a person who is acting as a gangmaster in respect of a worker (“W”).

(2) The person commits an offence if whilst acting as set out in subsection (1) they make a payment to W that is not made either—

(a) by a cheque which under section 81A of the Bills of Exchange Act 1882 is not transferable, or

(b) by an electronic transfer of funds (authorised by credit or debit card or otherwise), or

(3) The person commits an offence if—

(a) whilst making a payment to W in respect of work they do not keep a record of the payment and the hours worked for which the payment is due, or

(b) if they do not produce such a record when required to by either the Gangmasters Licensing Authority or the police.

(4) The Secretary of State may by regulations amend subsection (2) to permit other methods of payment.

(5) In this section making a payment includes payment in kind (with goods or services).

(6) If a gangmaster pays a worker in breach of subsection (2), each of the following is guilty of an offence—

(a) the gangmaster;

(b) if the payment is made with the knowledge of the person to whom the gangmaster is supplying W, that person; and

(c) any person who makes the payment acting for the gangmaster.

(7) It is a defence for a person within subsection (4)(a) or (b) who is charged with an offence under this section to prove that the person—

(a) made arrangements to ensure that the payment was not made in breach of subsection (1), and

(b) took all reasonable steps to ensure that those arrangements were complied with.

(8) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.”

New clause 18—Provision of fixed penalty notices for gangmasters

‘(1) The Gangmasters (Licensing) Act 2004 is amended as follows.

(2) In section 12 (Offences: acting as a gangmaster, being in possession of false documents etc.) after subsection (4) insert—

“(4A) The Secretary of State may by regulations make provision for fixed monetary penalties to be applied for an offence under this Act where—

(a) the offence is of a lower level of severity, and

(b) slavery, servitude and forced or compulsory labour is not a contributory factor in the offence.

(4B) Regulations made under subsection (4A) shall be made by statutory instrument and may not be made unless laid before in draft and agreed by both Houses of Parliament.””

New clause 19—Investigation of modern slavery offences by Gangmasters Licensing Authority

‘(1) In section 1 (The Gangmasters Licensing Authority) after “holding licences under this Act,” insert—

“(c) investigate offences under section 1 of the Modern Slavery Act 2014, and related offences of fraud, where those offences involve gangmasters,

(d) investigate offences under section 1 of the Modern Slavery Act 2014, and related offences of fraud, where those offences are alleged to have been committed by a person licensed under this Act, whether or not the offence was committed in their capacity as a gangmaster,”

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(2) The Secretary of State may by regulations confer powers on the Gangmasters Licensing Authority in order to investigate offences under this Act.

(3) Regulations under subsection (2) shall include provision to require financial institutions to disclose details of financial holdings to the Gangmasters Licensing Authority or the police in pursuit of an investigation of an offence under this Act.

(4) Regulations under this section shall be made by statutory instrument and may not be made unless they have been laid before in draft, and approved by, both Houses of Parliament.”

New clause 2—Protection from slavery from overseas domestic workers

‘(1) All overseas and domestic workers, 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 for a period up to 12 months as long as they remain in employment and are able to support themselves adequately without recourse to public funds; and

(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.”

New clause 6—Procuring sex for payment

‘(1) A person commits an offence under this section if he or she procures sexual intercourse or any other sexual act, whether for himself or for another person, in return for payment.

(2) A “payment” includes—

(a) payment that is promised or is given or promised by another person; and

(b) provision of non-financial benefits, including, but not limited to, drugs or alcohol.”

New clause 7—Strategy on assistance and support for exiting prostitution

The Secretary of State shall, at least once in every year, publish a strategy to ensure that a programmes of assistance and support is made available to a person who wishes to leave prostitution.”

New clause 22—Prostitution and sexual exploitation

‘(1) The Secretary of State must undertake a review of the links between prostitution and human trafficking and sexual exploitation in England and Wales.

(2) The review under subsection (1) must consider—

(a) the extent to which the current legislation governing prostitution in England and Wales acts as an effective deterrent to demand for sexual services from exploited persons;

(b) the extent to which the current legislation governing prostitution in England and Wales enables effective enforcement action against those trafficking people for sexual exploitation; and

(c) the extent to which alternative legal frameworks for governing prostitution adopted by other countries within the European Union, including Northern Ireland, have been effective at reducing sexual exploitation and the number of people trafficked for the purpose of sexual exploitation.

(3) The review under subsection (1) must be completed and a copy must be laid before Parliament within six months of Royal Assent.”

New clause 23—Consultation on prostitution, sexual exploitation and trafficking

‘(1) The Secretary of State must initiate a statutory consultation on the introduction of legislation prohibiting the procurement of sex for payment.

(2) The consultation in subsection (1) must seek to ascertain the degree to which the prohibition of sex for payment would—

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(a) reduce the number of people sexually exploited in England and Wales;

(b) reduce demand for sexual services from sexually exploited persons in England and Wales;

(c) reduce the number of people trafficked into England and Wales for the purposes of sexual exploitation.

(3) In undertaking the consultation in subsection (1) the Secretary of State must—

(a) seek the views of those who work with trafficked and exploited persons in England and Wales;

(b) seek the views of the Director of Public Prosecutions and the Association of Chief Police Officers; and

(c) allow submissions from members of the public.

(4) The consultation must be completed and a summary of the results laid before Parliament within six months of the date of Royal Assent.”

Amendment 1, page 45, line 21, at end insert—

“Street Offences Act 1959

‘(10) Omit section 1”

Mr Hanson: New clause 1 and the other amendments in this group address a wide range of issues that are linked by the terminology of exploitation but cover different aspects of concern. They include my suggestions on gangmasters; comments and suggestions on the same topic by the hon. Member for North East Cambridgeshire (Stephen Barclay); how we deal with overseas domestic workers; and a wide ranging group of amendments on how we deal with the sensitive, difficult and challenging issue of prostitution. I will cover a number of issues, and I hope I do justice to them and set out the official Opposition’s position.

New clause 1 revisits an issue that we discussed intensely in Committee: the role of the Gangmasters Licensing Authority. We considered a number of things to do with extending the role of that authority, and in the light of those discussions the new clause simply establishes that

“The Secretary of State may by order amend section 3 of the Gangmasters (Licensing) Act 2004”

to include other areas of work should a future Secretary of State determine that exploitation, modern slavery or trafficking was taking place. It gives the Secretary of State power to do that by order, rather than having to introduce new legislation.

Karen Lumley (Redditch) (Con): Does the right hon. Gentleman recall that in Committee the Minister said that she would continue to keep the GLA’s remit under review to ensure that it met the needs of the modern slavery strategy? Does he think that was a reasonable comment to have made?

Mr Hanson: The Minister said:

“The case has not been made for extending the GLA’s remit at this stage beyond the core areas the Act sought to address.”––[Official Report, Modern Slavery Public Bill Committee, 14 October 2014; c. 480.]

She has recently undertaken a review into gangmasters legislation, and determined that there should be no extension of its remit. I am saying—I hope the hon. Member for Redditch (Karen Lumley) will take heed of this—that new clause 1 simply gives power to the Secretary of State to extend that remit, should they seek to do so. Were I to be Minister in a few months’ time, I would want to consider extending the scope of the gangmasters

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legislation because widespread views from trade unions, charities and academics suggest that many people are underpaid or exploited in areas not covered by current legislation.

Mr David Nuttall (Bury North) (Con): As I understand it—forgive me if I have the wrong end of the stick—new clause 1 is simply to make it easier should a future Minister determine that it is necessary to widen the scope of section 3 of the 2004 Act. Will the shadow Minister give the House some indication as to what difference that would make in terms of time scale and bringing forward that legislation?

4.30 pm

Mr Hanson: I will address the hon. Gentleman’s points in the course of my remarks.

You will know, Madam Deputy Speaker, that my hon. Friend the Member for Paisley and Renfrewshire North (Jim Sheridan) introduced legislation on gangmasters in 2004. I pay tribute to him, because that is effective legislation. It has protected workers in three key sectors—agriculture, shellfish collection and horticulture. It has done something all hon. Members should be proud of: it has driven out poor standards, protected work forces, and ensured that we do not undercut legitimate workers in those sectors.

My argument in new clause 1 is that we should give the power to the Secretary of State to extend that. Following the Government’s triennial review, they said:

“There is no change to the remit or funding of the agency”,

yet there is ample evidence that the agency should have its work extended, particularly following the Joint Committee on the Draft Modern Slavery Bill, on which a number of hon. Members present in the House served. The Committee considered a number of issues in detail, including the role of the Gangmasters Licensing Authority. In paragraph 189 of its report, the Committee states:

“There was consensus from our witnesses over the excellent reputation of the GLA…the GLA has been held in high regard as an example of good practice.”

In paragraph 190, it states:

“We heard from the Authority itself that there are limitations to what the GLA can currently do. Its Chief Executive, Paul Broadbent, told us that the GLA’s underpinning legislation was ‘good up to a point’, but did not provide for the GLA to carry out what he described as ‘hot pursuit’”.

The Committee said:

“Several witnesses made the case for widening the industrial remit of the GLA to other sectors where forced labour is prevalent”,

and that:

“The weight of evidence we received suggested that expanding the GLA’s powers and industrial remit would yield positive results.”

The Committee was comprised of Members of both Houses from all parties, but the TUC report, “Hard Work, Hidden Lives” concluded:

“The GLA needs to be extended to hospitality, construction and catering as these are usually small businesses that are open to abuse.”

Oxfam, which hon. Members will agree is a well-respected charity, has said:

“Gangmasters have diversified into sectors beyond the reach of the GLA where there is less regulation of labour standards.”

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It concluded that

“the GLA’s remit must immediately be extended to the sectors of construction, hospitality, and…care”.

Stephen Barclay: When breaches by a gangmaster operating in a regulated sector such as agriculture are found by the GLA, would it be reasonable to assume that that same gangmaster operating in the hospitality sector is carrying out the same abuses, which therefore deserve to be investigated?

Mr Hanson: The hon. Gentleman puts his finger on the point the Opposition made in Committee. Gangmasters are diversifying. They are moving into horticulture, catering and the care homes sector. I do not want to ruin his reputation, but the amendments he has tabled have the Opposition’s support, because he has indicated that measures can be taken to tighten up how we operate the current gangmaster legislation.

In his original Bill, my hon. Friend the Member for Paisley and Renfrewshire North sought to protect people who are exploited, but such legislation is also about supporting legitimate businesses working in those sectors who find themselves being undercut by people who are operating sharp practices. What is good for the horticulture, agriculture or shellfish collection sectors should be good for other sectors, such as care homes and construction. New clause 1 does not specify that, but simply says that the Minister has the power to extend legislation. I hope we can give her the power and make the case, both up to the election and I hope in my case beyond it, for introducing changes to improve how the legislation operates.

Stephen Barclay: One reason why the Government have resisted such a measure is the view of the Secretary of State for Defence, who, as a Minister in the Department for Business, Innovation and Skills felt that we would be adding additional red tape. Aside from the fact that targeting criminals who abuse people is not the sort of problem on which the deregulation challenge should focus, does the right hon. Gentleman agree that going after those people is not red tape, because many of the large businesses would welcome the fact that they are not being undercut by those abusing the market?

Mr Hanson: The hon. Gentleman sits on the Government Benches, so I am not sure it is in order for us to agree again. The British Retail Consortium supported our proposals in Committee. This is not some kind of mystical issue; this will help to protect the work force, stop undercutting and protect legitimate businesses working in specific areas. What is good for the three sectors currently covered should be good for others too.

I do not just pray in aid Oxfam, the TUC and the Joint Committee. The Joseph Rowntree Foundation said:

“Many have called for extending the authority…of the GLA to cover all industries where there is known risk of exploitation and forced labour associated with labour providers. The evidence from the JRF’s programme points to the same recommendation.”

In Committee, I prayed in aid Andrew Boff, who is not a member of my party but the Mayor of London’s representative and deputy. In a report on slavery in London, he recommended strongly the extension of gangmaster legislation. That is very important, because we need to send a very strong signal on exploitation.

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An answer to a recent parliamentary question revealed that the number of criminal investigations under the current gangmaster legislation has dropped from a high point of 134 in 2011, to 76 in 2013 and 65 to date in 2014. This information has come to light since the Public Bill Committee last sat. The Minister said in Committee that this was a growing problem. I would welcome her view on why the number of investigations into gangmaster activity has dropped over the four-year period.

The National Crime Agency, the general secretary of the Union of Construction, Allied Trades and Technicians, the Serious Organised Crime Agency, the leader of the Conservative group on the London Assembly, the Joseph Rowntree Foundation, the British Retail Consortium and the Ethical Trading Initiative have all said we should consider extending gangmaster legislation. New clause 1 would give the Minister the chance to do that speedily. I pressed her on this in and outside Committee. With due respect to her talent as a Minister, I do not think she has made an effective case for why we cannot extend it to the areas suggested by me and the hon. Member for North East Cambridgeshire.

I think there is a general consensus outside the House that exploitation is exploitation, be it in relation to shellfish or care work. We therefore need to look at this in an effective way. This is not, dare I say, a fly-by-night issue for the hon. Gentleman. He has pursued it over many months. His amendments do not deal directly with the matters addressed in new clause 1, but we sat on a Bill some time ago in the mists of this Parliament and he raised the same issues then. He has a real opportunity to ensure that his amendments enhance the 2004 legislation and build on the work of my hon. Friend the Member for Paisley and Renfrewshire North. He has our support, and if he wants to use that on his election address in due course I am sure that will be even better for him.

New clause 2 addresses protection from slavery for overseas domestic workers. The previous Government put in place a regime for migrant domestic workers who accompanied employers to the UK. The current Government changed the regime in April 2012. Overseas domestic worker visa holders are now tied to their original employer and the visa is not renewable beyond its initial six-month duration. We have had two-and-a-half years of the new regime since April 2012, and there is real concern that it has been detrimental to domestic workers and is causing real challenges in the system that need to be considered.

That is my view—I am open and honest about it—but it is shared by the Joint Committee that scrutinised the Bill, including Members in their places today who supported recommendations on a cross-party basis. Andrew Boff, the Conservative leader of the London assembly, is of that view, too. In his report on human trafficking, he said:

“I don’t think it intends to be, but the Government is actually licensing modern-day slavery… through their changes to tie a visa to an employer.”

There is cross-party support for the Government to review the issues covered by new clause 2. In agreement are a Joint Committee of both Houses of Parliament, comprising and dominated by Government members, the leader of the Conservative group on the London assembly, along with many organisations interested in

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this topic from outside the House—notably Kalayaan, which carried out a study on the impact of the Government’s proposals.

Kalayaan has thrown up some really concerning figures. Between 6 April 2012 and 3 April 2014, 402 migrant domestic workers registered with Kalayaan. Of those, 120 were tied to their employers and 282 had entered the UK prior to April 2012. There was a real difference between the way in which these groups were treated. The Minister said in Committee that it was a “small sample”. Yes, it is, but if that sample shows that 62% of overseas domestic workers on tied visas report being paid no salary at all, and if 85% of those on tied visas are not given their own room to sleep in, with 86% saying that their passports have been taken off them by their employers, 96% not allowed to leave the house unsupervised, 74% reporting having suffered psychological abuse and 95% paid less than £100 a week, the size of the sample is not the crucial thing. Whatever the size of the sample, real and difficult challenges are evident, and they can be traced back to the change in the granting of these visas in 2012.

The Joint Committee recommended in its draft Bill that we return to the position of April 2012—prior to the changes the Government made. That proposal was put in Committee, and there was a tie with nine votes to nine votes. Members of the governing party voted with other members of the Committee; some Members did not, which was their choice; some Members supported the draft Bill’s recommendations and voted against them in Committee, which was their choice. I believe, however, that there is a real consensus on ensuring that this issue is looked at in the other place. I hope the Government will consider it further. New clause 2 provides an opportunity to do so.

Let me move on from new clauses 1 and 2 to the other contentious and wide-ranging issue suggested by this group of amendments. My hon. Friend the Member for Slough (Fiona Mactaggart) raised this initially in Committee—the issues of how to deal with sex workers and prostitution and of how prostitution should be dealt with by society as a whole. My hon. Friend will undoubtedly speak to her new clauses. MPs do not need to look far into their inboxes to realise that a range of views are being expressed, including by the all-party group chaired by my hon. Friend the Member for Luton South (Gavin Shuker). My hon. Friend the Member for Hayes and Harlington (John McDonnell) has also filtered through a range of issues for Members to consider. People have different views about how to deal with this.

Let me put it on the record from the outset, however, that all the different views focus on the fact that there are around 80,000 people, mainly women and girls, involved in prostitution today. Nobody can deny that many of these workers carry out this work voluntarily, yet a lot of them are involved in sexual slavery, having got here through different routes. They are often pimped by people they know and can be trafficked by organised gangs. They are often extremely vulnerable, having been abused in the past. About 95% of women in street prostitution have problematic drug use; over half of women involved in prostitution in the UK have been raped and/or sexually assaulted; and the vast majority of those assaults are committed by people who have purchased sex from them.

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According to recent statistics, there has been a recent and rapid increase in the number of non-British women selling sex on the street in a significant number of London boroughs. There are real concerns about trafficked women being exploited in on-street as well as off-street prostitution and about the fact that this exploitation is now being controlled and organised by criminal gangs. This is a real issue that the House needs to address.

A number of solutions have been proposed. The Nordic model, which is effectively the basis of the proposals from my hon. Friend the Member for Slough, looks at how we diminish street prostitution—particularly by making it an offence for people to buy sex. One argument put forward is that street prostitution has diminished by half and that the number of brothel businesses is also diminishing, or certainly has not increased. There is evidence of the flow of human trafficking having been slowed in Sweden because of that. In Norway there is evidence that that is contributing to the reduction in demand for and volume of prostitution. But we do not have to look far into our email inboxes to know that there are very strong views from people involved in the trade that that potential model and others could lead to further violence against those who are involved in the industry and/or to driving prostitution underground.

The Opposition have tabled new clause 22, which seeks to place upon the Government a legal responsibility to undertake a review of these issues in detail. We are seeking to deal with this matter effectively. We have said that within six months of Royal Assent the Government should look at all the discussion points that are before us today. The review would investigate the extent to which current legislation governing prostitution in England and Wales acts as an effective deterrent to demand for sexual services from exploited persons. It would look at the extent to which current legislation governing prostitution in England and Wales enables effective enforcement action against trafficking people and sexual exploitation, and at the very points made by my hon. Friend the Member for Slough in her amendments today: the legal frameworks for governing prostitution adopted by other countries within the EU, including Northern Ireland. The review would look at the examples of Sweden and of Norway to help inform the debate.

All of us will have different experiences in our constituencies about the impact and challenges of this problem and I am not intending to come to conclusions today. The purpose of new clause 22, effectively, is to give a spur to a wider discussion on the topic. I hope that the Minister can look at it in that way because there are strong views on how we deal with the issue. It is important to have a proper debate.

John McDonnell (Hayes and Harlington) (Lab): I just want absolute clarity. The review in new clause 22, which I support, is a review before legislation, not after, so I am somewhat confused by subsection (3).

Mr Hanson: The review, under subsection (1), is to be completed and a copy laid before Parliament within six months of Royal Assent to this Bill.

John McDonnell: This Bill?

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Mr Hanson: This Bill. The purpose is to lay a legally binding commitment upon the Minister to produce a report that takes account of whatever views are expressed in the debate today, but also of the views of the all-party group of my hon. Friend the Member for Luton South, of my hon. Friend the Member for Slough and of the points raised by my hon. Friend the Member for Hayes and Harlington (John McDonnell) in many emails. The real issue is how this House approaches the issue of prostitution. Now is the time for a review of the legislation.

4.45 pm

Mr Burrowes: The right hon. Gentleman was a Minister and may well have been involved in introducing in 2009 the criminalising of the purchase of sex from someone subjected to force. Evidence suggests that that has not been particularly effective. Will the right hon. Gentleman comment on that and on whether the evidence from it takes us any further?

Mr Hanson: As ever, having had a ministerial career in the last Government, I have form on these issues. In 2008-09, when I was the Minister, my hon. Friend the Member for Slough presented proposals in Committee that were similar to those that she has presented on this occasion, and the Government did not accept them. We look and we learn, and a new issue is now evolving. I think it fair to say that there is a greater involvement of criminal gangs in trafficking people for prostitution than there has ever been before.

The purpose of our new clause is simply to make the Secretary of State legally responsible for producing a review within six months. Six months from Royal Assent will mean something between the middle and the end of next year. The evidence enabling the next incoming Government to make judgments will already have been gathered, so that they—not me, and not the present Minister—can make those judgments on the basis of a full review.

Steve McCabe (Birmingham, Selly Oak) (Lab): If my right hon. Friend had had Home Office evidence that this trade was worth £130 million a year when he was a Minister at the Home Office, would that have changed his view of the proposals that were being presented?

Mr Hanson: I do not think that we made a financial assessment of the value of the trade when I was a Minister. I know that it is being discussed currently, as part of other discussions relating to the Treasury’s contributions to Europe.

I do not want to be diverted, because we have only a short time available. I have tried to compress the material for a long series of debates into a fairly short contribution. Let me now sum up that contribution. New clause 22 concerns a review, and it commits the Government to nothing other than that review. There is a real case for extending the gangmaster legislation; new clause 1 simply gives the Secretary of State the power to do that, which I hope she will welcome.

I was pleased to hear the comments of the hon. Member for North East Cambridgeshire (Stephen Barclay). I think it important for us to revert to the April 2012 position in regard to overseas domestic workers for a number of reasons. I also think it important to stimulate

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a debate on the issues of prostitution and sexual exploitation, without reaching any conclusions yet, and that has been possible today through new clause 22.

I commend all three of our new clauses to the Minister. I hope that she will be able to deliver a positive response, but—as ever, Mr Speaker, you will have expected me to say this—in the event of her not doing so, I should like at least to reflect on the possibility of testing the House’s opinion in due course.

Stephen Barclay: I want to develop the theme of how we can make prosecution and enforcement quicker and easier. I am aware that a number of Members who wanted to speak earlier have not yet been able to do so, and I shall therefore keep my remarks short.

I want to speak about new clauses 16, 17, 18 and 19. Let me begin with new clause 16. At present, it is very difficult for police in areas such as Wisbech in my constituency to identify houses in multiple occupation. The presence of 20-odd people in a two-storey house often does not meet the legal definition of an HMO. One of the ways in which we can make life easier for the local police is to give them clearer powers and rights to inspect letting agencies, and require gangmasters to keep records in the form of rent books and tenancy agreements. At present, when there is a breach of a tenancy agreement, it falls to the tenant to bring a private prosecution. How realistic is that? How realistic is it to expect someone who has been trafficked, who does not speak English and who does not understand the law to bring a private prosecution against his landlord?

We need to make it quicker, easier and therefore cheaper for the police to identify concentrations of HMOs. They need to be able to go into those houses, establish whether the law relating to, for instance, rent books is being adhered to, and take action if necessary. That will necessitate rights of access to the records of letting agents, and a requirement that the Gangmasters Licensing Authority can then use for leverage in relation to gangmasters.

New clause 17 seeks to build on the lessons this House can learn from scrap metal merchants being forbidden from taking cash payments and asks how we can create an audit trail for financial investigators in terms of the known abuse around the minimum wage legislation and the way people are being paid. At present wage slips will often simply show that someone was on for one day—it could have been seven hours, it could have been 12 hours—and when payments are made, they are made in cash. Straight away, deductions are taken for accommodation and for vehicles, so the abused worker never actually receives that money. Often they are told when they come into the country that they are not allowed a bank account. Obviously that is erroneous information, but they do not know otherwise. New clause 17 therefore addresses how we can make it easier for the police to follow the money—follow that audit trail—so that once money goes into an account, it is with the worker and it becomes harder for the rogue gangmaster to deduct it at source, which is what currently happens.