Modern Slavery Bill

Debate between Lord Hanson of Flint and Baroness Primarolo

Tuesday 4th November 2014 Commons Chamber

[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—

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,”

(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—

(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.

Immigration Bill

Debate between Lord Hanson of Flint and Baroness Primarolo

Thursday 30th January 2014 Commons Chamber

[Rehman Chishti]

On a point of order, Madam Deputy Speaker. Yes, the shadow Minister is absolutely right that in 2005 I was a member of the Labour party. Soon after that I left the Labour party because, like everyone else, I was fed up with it.

[Madam Deputy Speaker (Dawn Primarolo)]

That is so clearly not a point of order. In three years in Parliament the hon. Gentleman clearly has not got the hang of it yet, but he has got his point on the record. May we please now return to the very important issues in the Bill?

[Mr Hanson]

It was just a point of information that deserves wider knowledge.

[Jacob Rees-Mogg (North East Somerset) (Con)]

On a point of order, Madam Deputy Speaker. I note the custom in the House to give notice before making personal remarks involving another Member. Does that include this case?

[Madam Deputy Speaker]

With respect, the hon. Member for Gillingham and Rainham (Rehman Chishti) has, having heard the remark, replied to it. I think we have a score draw there, so shall we continue? And that’s not a point of order, either.

[Mr Hanson]

I give way to the hon. Member for South Norfolk (Mr Bacon).

Point of Order

Debate between Lord Hanson of Flint and Baroness Primarolo

Wednesday 19th December 2012 Commons Chamber

[Mr David Hanson (Delyn) (Lab)]

On a point of order, Madam Deputy Speaker. You have very helpfully held more than an hour’s discussion and questions to the Secretary of State for Communities and Local Government on the local government settlement. However, today’s Order Paper notifies us of only a written statement from the Home Office on the policing settlement. Compounding the fact that hon. Members cannot question Home Office Ministers on the important matters of police cuts, reductions in police officers and other matters, the statement from the Home Office is not released until the end of the statement from the Secretary of State for Communities and Local Government.

I know that these matters are outside your gift, Madam Deputy Speaker, but is it possible for you to examine with the Government whether they can have parity in their treatment of statements, so that we can question the Home Office on serious and damaging police cuts across the country?

[Madam Deputy Speaker (Dawn Primarolo)]

The right hon. Gentleman in fact answered his own point of order when he pointed out that it was outside the gift of the Chair to force the Government to make oral statements. As he will know, it is entirely a matter for the Government how they present information to the House, whether by written or oral statement. He has his point on the record, but I do not think that I can help him any further.

Royal Assent

National Insurance Contributions Bill

Debate between Lord Hanson of Flint and Baroness Primarolo

Tuesday 23rd November 2010 Commons Chamber

[Mr Hanson]

I look forward to the hon. Gentleman going back to Dover to explain why he is supporting not only a Bill that does not give a national insurance holiday to his constituents, but the VAT rise elsewhere in the Budget proposals—we need to look at that in the round—which will impact on pensioners, the low paid and everybody in his community. This is not a topic for today, but the debate on the national insurance rise was open and honest on our side. During and after the election, the Conservative party argued against the rise, but it is now implementing it. On top of that, it is not meeting the objectives in its manifesto and has increased VAT. I think that a VAT rise is a regressive tax policy that will hit the poorest hardest, but that is the choice that the Conservative party has made.

I want to focus most of my remarks on the second part of the Bill. The decision to introduce a regional employer national insurance holiday is welcome, but it specifically excludes new businesses in Greater London, the south-east and the eastern region. We tabled a reasoned amendment that has not been selected, but which would have declined to give a Second Reading to the Bill because of those exclusions. I sense that the hon. Members for Portsmouth North (Penny Mordaunt), for Meon Valley (George Hollingbery) and for Basildon and Billericay (Mr Baron), who spoke earlier, will have expressed their concerns about how the choices on the national insurance holiday were made. [Interruption.] The Economic Secretary to the Treasury says that we would have increased national insurance contributions across the board.

[Madam Deputy Speaker]

Order. We cannot have comments shouted across the Floor from a sedentary position. It makes it very difficult for Hansard to record our proceedings, particularly when the comments are then referred to without having been recorded. Will the hon. Lady make her point from the Dispatch Box, so that the right hon. Gentleman can answer it?

[The Economic Secretary to the Treasury (Justine Greening)]

My point was that the Labour party would have increased NICs for absolutely everybody.

Savings Accounts and Health in Pregnancy Grant Bill

Debate between Lord Hanson of Flint and Baroness Primarolo

Monday 22nd November 2010 Commons Chamber

[Mr Hanson]

I beg to move amendment 2, page 2, line 9, leave out Clause 2.

[Madam Deputy Speaker (Dawn Primarolo)]

With this it will be convenient to discuss the following:

Amendment 13, page 2, line 10, at end insert ‘with effect from 1st January 2014’.

Amendment 14, page 2, line 10, at end insert—

‘(1A) The provisions in subsections (2) to (5) come into force with effect from 1st January 2014.’.

Amendment 15, page 2, line 36, in clause 4, leave out subsection (2).

Amendment 16, page 2, line 39, leave out ‘The rest of this Act ‘ and insert ‘This Act, apart from section 2’.

Amendment 27, page 2, line 39, leave out ‘The rest of’.

Amendment 40, page 3, line 1, leave out subsection (4).

Amendment 28, page 3, line 1, leave out from beginning to ‘3(1)’ and insert ‘Section’.

Amendment 29, page 3, line 2, leave out ‘extend’ and insert ‘extends’.

Amendment 41, page 3, line 4, leave out subsection (5).

Amendment 31, page 3, line 4, leave out from beginning to ‘3(2)’ in line 5 and insert ‘Section’.

Amendment 32, page 3, line 6, leave out ‘extend’ and insert ‘extends’.

Amendment 39, page 3, line 7, leave out ‘The rest of’.

Amendment 37, in title, line 1, leave out ‘to repeal the Saving Gateway Accounts Act 2009;’.

[Mr Hanson]

We are in danger of repeating discussions that we had in Committee, but the Prime Minister has said that opposition is an important constitutional duty, and I intend to fulfil it in the next hour on the question of saving gateway accounts.

Amendment 2 seeks to remove the abolition of those accounts by removing clause 2. As ever, and as I said in relation to the first group of amendments, I am trying to be pragmatic. The Minister will note that amendment 13 seeks merely to delay the abolition of the saving gateway until 1 January 2014 to allow him and his officials a period of reflection in which they can examine whether abolition is required.

The saving gateway, which was originally introduced in the Saving Gateway Accounts Act 2009, is important—[Interruption.]

[Madam Deputy Speaker]

Order. One conversation in the Chamber is quite enough at any one time, and the conversation we are supposed to be hearing is the shadow Minister addressing the House.