Speech in Commons Chamber - Tue 17 Mar 2015
Modern Slavery Bill
"Does the right hon. Gentleman recognise that the Minister has said that the employers could go on to employ someone else and subject them to abuse? Does that not expose the risk of the tied visa system? The abuse that the Minister is referring to is an abuse that stems …..."Mark Durkan - View Speech
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Speech in Commons Chamber - Tue 17 Mar 2015
Modern Slavery Bill
"Unlike the hon. Member for Rochester and Strood (Mark Reckless), having been here throughout this debate, having sat through the Public Bill Committee and having been present for all the Bill’s other stages in the House, I am not surprised at the heat generated by Lords amendment 72 and the …..."Mark Durkan - View Speech
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Speech in Commons Chamber - Tue 17 Mar 2015
Modern Slavery Bill
"As any evidence emerges, we will have to consider what it suggests about this sector of employment in general and individual employers in particular. This goes back to some of the arguments the Government have used in support of their own amendment and against the Lords amendment. If a domestic …..."Mark Durkan - View Speech
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Written Question
Wednesday 25th February 2015
Asked by:
Mark Durkan (Social Democratic & Labour Party - Foyle)
Question
to the Home Office:
To ask the Secretary of State for the Home Department, what account she took of the recommendations of (a) the Report of the Modern Slavery Bill Evidence Review presented to her on 16 December 2013 and (b) the report from the Joint Committee on the Draft Modern Slavery Bill published on 3 April 2014, HC 1019, when establishing the review of migrant domestic worker arrangements.
Answered by Karen Bradley
Both reports were considered carefully when establishing the review of the
Overseas Domestic Worker visa. That is why the review will focus on all aspects
of this visa regime, including the support available to those who are subject
to modern slavery offences whilst holding these visas. The Government is
determined to ensure that our visa regime does not encourage or facilitate
abuse. James Ewins was asked to conduct the review in light of his significant
background in tackling modern slavery, including as specialist adviser to the
pre-legislative scrutiny Committee and as a member of the steering committee
for the Modern Slavery Bill Evidence Review Panel. The Review will report by
the end of July 2015.
Written Question
Monday 23rd February 2015
Asked by:
Mark Durkan (Social Democratic & Labour Party - Foyle)
Question
to the Home Office:
To ask the Secretary of State for the Home Department, what assessment she has made of the potential merits of removing the reasonable person test in defence for children from the Modern Slavery Bill.
Answered by Karen Bradley
The statutory defence is an important additional protection for victims of
modern slavery who have been compelled to commit certain offences as a direct
consequence of their slavery or trafficking situation. In addition, the Crown
Prosecution Service will continue to use its discretion to not charge an
offence or discontinue a prosecution which is not required, in the public
interest.
It is imperative that the defence protects child victims of modern slavery from
being inappropriately criminalised whilst also avoiding providing complete
immunity for the most serious categories of offending. The reasonable person
test is an important safeguard in ensuring that the defence cannot be abused.
The defence for child victims has been amended in the House of Lords to remove
the requirement for compulsion and we have also tabled an amendment at Lord’s
Report of the Modern Slavery Bill to the reasonable person test for child
victims to make it easier for child victims to gain protection from the
statutory defence. This amendment will remove the reference to the child having
no realistic alternative to committing the offence and will mean that once the
defence is raised, the prosecution would have to show beyond reasonable doubt
that the child acted unreasonably in committing the offence.
Speech in Commons Chamber - Tue 06 Jan 2015
Counter-Terrorism and Security Bill
"The hon. Gentleman refers to conditions A to D, which refer to the Secretary of State “reasonably” suspecting or considering something. Amendment 22 states that
“the Secretary of State has provided evidence, whether or not conditions A to D are met”.
Provided evidence to whom or to what?..."Mark Durkan - View Speech
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Speech in Commons Chamber - Tue 06 Jan 2015
Counter-Terrorism and Security Bill
"Like other Members, I have listened to the debate and to the various points that have been made. What strikes me is that the parties, in the political ballet of this place as people swap Benches, have taken different positions on judicial oversight on previous occasions, adding to the observation …..."Mark Durkan - View Speech
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Speech in Commons Chamber - Tue 16 Dec 2014
Counter-Terrorism and Security Bill
"The situation in Northern Ireland has already been mentioned, where the emphasis has been on a process of inclusion, rather than one of labelling and exclusion. Indeed, there is a veritable infrastructure for inclusion through EU moneys and other mechanisms that were used precisely to work at community level to …..."Mark Durkan - View Speech
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Speech in Commons Chamber - Tue 16 Dec 2014
Counter-Terrorism and Security Bill
"The hon. Gentleman is exactly right to warn of the dangers of hon. Members helping to feed the very things they say they want to fight. If there are those who are out to sow the seeds of radicalism, extremism, cynicism and alienation, people should take care not to propagate …..."Mark Durkan - View Speech
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Speech in Commons Chamber - Mon 15 Dec 2014
Counter-Terrorism and Security Bill
"Further to the point that was made by the hon. Member for North Down (Lady Hermon), if a passport that was issued by a state other than the UK was seized, does my right hon. Friend envisage that that state would seek to join the appeal against the seizure? Does …..."Mark Durkan - View Speech
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