Baroness Garden of Frognal
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Modern Slavery Bill
Baroness Garden of Frognal Excerpts(9 years, 2 months ago)
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Baroness Garden of Frognal (LD)
My Lords, in moving Amendment 8, I shall speak also to Amendments 9 to 15, 18 to 25, 32 and 33, 100 and 101, and 103 to 105. This large group of amendments makes minor changes to ensure that the Bill works effectively in light of wider legislative change.
Amendments 21 and 22 remove the limit of £5,000 for fines imposed by magistrates on breach of a slavery and trafficking risk or prevention order. I am grateful to the noble Lord, Lord Rosser, for raising the issue of removing the limit to this fine in Committee. I am also grateful to the Delegated Powers and Regulatory Reform Committee for its analysis of the delegated power and suggestions for changes. The regulations needed to accompany Section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 have now been approved by Parliament. Commencing Section 85 will remove the cap on all fines in the magistrates’ courts of £5,000 or more.
These amendments assume that Section 85 will be commenced by the time this Bill reaches Royal Assent, removing the limit on fines in the magistrates’ court. If this is not the case, then transitional arrangements can be made by order. I hope that noble Lords will agree that these amendments give magistrates the ability to respond more flexibly when sentencing, given the particular nature of a breach of a slavery and trafficking risk or prevention order. In addition, the removal of the delegated power ensures that we have addressed the concern about the previous provision raised by the Delegated Powers and Regulatory Reform Committee.
Amendments 8 to 15, 18, and 103 to 105 relate to reparation orders. This Government believe that the criminal justice system must give greater priority to providing victims of modern slavery, who have been used as commodities, with reparation for the distress, abuse and suffering that they have been subjected to. That is why the Bill will introduce bespoke reparation orders, which will ensure that courts give appropriate priority to compensating victims of modern slavery and have the necessary tools to do so. Currently, confiscation orders may be made only in the Crown Court. Given that reparation orders can be made only where there is a confiscation order, the Bill currently makes provision for reparation orders to be made only in the Crown Court.
However, Section 97 of the Serious Organised Crime and Police Act 2005 makes provision to enable magistrates’ courts to make a confiscation order in certain circumstances, and work is in hand to give magistrates’ courts these powers. We want to make sure that any court that has the power to make a confiscation order in relation to a modern slavery offence also has the power to make a reparation order in favour of any victim of that offence. Government Amendments 8 to 15, and 18, will ensure that magistrates’ courts that make a confiscation order will also have the power to make a reparation order.
Government Amendments 103 to 105 make minor amendments to the Proceeds of Crime Act 2002 that are intended to clarify how certain sections of that Act are to apply in relation to a slavery and trafficking reparation order.
Finally, Amendments 19 and 20, 23 to 25, 32 and 33, 100 and 101 are technical amendments to reflect the introduction of new offences and civil orders in Northern Ireland through the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015, which received Royal Assent on 13 January. The UK Government have worked closely with the Northern Ireland Executive to ensure that our respective legislation creates a robust, joined-up response to modern slavery across the UK. This proposed group of amendments supports this effort by ensuring that the Independent Anti-slavery Commissioner, the slavery and trafficking prevention and risk orders, and the maritime enforcement and transparency in supply chains provisions all work effectively in light of these recent legislative changes.
I hope that noble Lords will agree that this group of amendments makes minor, but necessary, changes to ensure that the Bill works effectively in light of wider legislative changes and will therefore support these amendments. I beg to move.
SchedulePublic authorities under a duty to co-operate with the CommissionerLaw enforcement and border securityA chief officer of police for a police area in England and Wales.
The chief constable of the British Transport Police Force.
The National Crime Agency.
An immigration officer or other official of the Secretary of State exercising functions in relation to immigration or asylum.
A designated customs official (within the meaning of Part 1 of the Borders, Citizenship and Immigration Act 2009).
Local governmentA county council in England or Wales.
A county borough council in Wales.
A district council in England.
A London borough council.
The Greater London Authority.
The Common Council of the City of London.
The Council of the Isles of Scilly.
Health bodiesA National Health Service trust established under section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006.
An NHS foundation trust within the meaning given by section 30 of the National Health Service Act 2006.
A Local Health Board established under section 11 of the National Health Service (Wales) Act 2006.
RegulatorsThe Gangmasters Licensing Authority.”
Baroness Garden of Frognal
My Lords, I will speak also to government Amendments 42 to 45, 106, 107 and 110 to 113. Amendments 108 and 109 should more logically be taken at a later stage, as they refer to later provisions.
I pay tribute to the work of the Delegated Powers and Regulatory Reform Committee. Its excellent report has suggested a number of improvements to the Bill, and the Government have responded positively. This group of amendments relates to the Delegated Powers and Regulatory Reform Committee’s recommendations on the duty to co-operate with the Independent Anti-slavery Commissioner. The committee recommended that public authorities to whom this duty would apply should be listed in the Bill, that additions should be made to this list via regulations subject to the negative procedure, and that public authorities should be removed from the duty only where regulations have been made via the affirmative procedure.
Accordingly, the amendments set out the list of public authorities, which operate either across the UK or in England and Wales only, and which will be under a duty to co-operate with the Independent Anti-slavery Commissioner as soon as the provision is commenced. Those include all the first responders under the national referral mechanism: the police, the National Crime Agency, the Gangmasters Licensing Authority, relevant front-line staff in the Home Office, and local authorities. We have also included National Health Service trusts, which are also highly relevant to identifying victims. Where relevant we have consulted the Welsh Government to ensure that they are content with that list. To ensure that health professionals are not under conflicting duties regarding confidentiality to patients, these amendments specify that they are not required to supply patient information to the commissioner.
Noble Lords will note that the list relates only to authorities that can be specified by the UK Government without breaching the Sewel convention. We have consulted the Scottish Government and Northern Ireland Executive on the committee’s recommendations, but they wish to add public authorities through regulations to ensure that the Scottish Parliament and Northern Ireland Assembly are appropriately consulted. I stress that this is an initial list; I am sure that noble Lords can identify other bodies which might prove relevant in future. I am happy to commit to keeping this list under review and looking carefully at points made in debate. We will be able to add to the list through regulations subject to the negative procedure.
On the second element of the committee’s recommendations, that group of amendments also specifies that a public authority can be removed from the duty only via regulations subject to the affirmative procedure, except where the amendment is in consequence of the authority having ceased to exist. This is an important safeguard as it means the scope of the duty to co-operate with the commissioner cannot be narrowed without careful parliamentary scrutiny. Additions to the duty can be made through regulations subject to the negative procedure. Scotland and Northern Ireland have agreed to follow the same process, and that is also reflected in the amendments. I beg to move.
Baroness Butler-Sloss
My Lords, perhaps I might add two names. I am very happy with these amendments, but I wonder why neither the Crown Prosecution Service nor the College of Policing is included in the proposed new schedule. I suggest that that should be looked at.
Baroness Garden of Frognal
I thank the noble and learned Baroness. Yes; we have identified public authorities that we consider have a key role to play in supporting the commissioner in delivering his functions. However, I stress that this is an initial list, and we are more than prepared to look at additions to it. We will keep it under review, and will possibly consider ahead of Third Reading whether we should have greater ability to tailor the duty to the particular functions or legislative framework of a future public authority, as we have done with National Health Service trusts and patient confidentiality. The noble and learned Baroness raises two other possibilities, which we will look at ahead of Third Reading, and I thank her.