Modern Slavery Bill

Lord Bates Excerpts

Wednesday 25th February 2015 Lords Chamber

[Lord Rosser (Lab)]

I should like to speak in particular to Amendments 97A and 98A, but that certainly should not be taken as diminishing the importance of the other amendments in this group.

One value of transparency over the actions taken to tackle modern slavery in the supply chain is that it creates a level playing field. I suggest that government Amendment 97, welcome though it obviously is, would still leave it optional as to what companies put in their statement and thus not necessarily achieve the level playing field that is surely required. Ensuring a level playing field between businesses on what kind of information they must disclose will also allow for easier comparisons between businesses, even if they are in different industry sectors.

However, to achieve really effective comparisons, we need the terms of Amendment 98A. This would introduce a requirement to put slavery and human trafficking statements on to a central website maintained by the office of the Independent Anti-slavery Commissioner in order both to facilitate those effective comparisons across companies and sectors and to assist with the monitoring of compliance and public accountability.

The noble Lord, Lord Alton of Liverpool, said that the commissioner-designate is supportive of this, but the noble and learned Baroness, Lady Butler-Sloss, said he might have lost a degree of enthusiasm, because he might have to do it himself as opposed to somebody else doing it. I am afraid that I have not had a personal meeting with Mr Hyland, so I am unable to add a third version of what his views might be on this particular issue, but it seems as though he is supportive, even though there might be a difference of view as to who should be carrying it out. Without a central site for statements, holding organisations to account will be very difficult, if not impossible, to fulfil. It is surely clear that having that central site where those statements would be is actually quite crucial. That is really one of the things that Amendment 98A is seeking to address.

Amendment 98A would also help ensure boardroom responsibility for the eradication of slavery and human trafficking from corporate supply chains. It would also draw the slavery and human trafficking statement to the attention of mainstream investors who might otherwise not have been aware of it, and enable them to ask questions of the company, which is another form of accountability and another pressure point to take the appropriate action.

Once again, I hope that the Minister will feel able to give a helpful response. Perhaps he might feel able to reflect further before Third Reading on the points that have been made tonight from all around the House, particularly in relation to the two amendments to which I have specifically spoken. In the spirit in which the Minister has been operating up till now—which has, indeed, been highly successful—with the amendments that he has put forward and made, which have been much appreciated around the House, I hope that he might be able to agree to reflect further on this issue before Third Reading.

[The Parliamentary Under-Secretary of State, Home Office (Lord Bates) (Con)]

My Lords, the noble Lord tempts me to go further and I am grateful to him for doing that. I can promise him a full response: whether it is a helpful response will be something that noble Lords will be able to judge at the end. It is quite a large group and there are some new developments and new amendments there about which I want to put some remarks on the record.

I am conscious that on this area, we have had a long journey. I remember a debate initiated by the noble Baroness, Lady Kennedy, on supply chains last year. At that time, when I was answering, we did not even have the politics of the Bill in place, so that was an addition. Of course, as is always the case, one goes back and says to colleagues in government, “If you can just do this, I am sure that that will meet the concerns”, and then, after huffing and puffing, we came forward with Part 6. I totally understand that people want to start making amendments and expounding on that. The noble Earl, Lord Sandwich, is saying that these are relatively small elements but we will consider that as we move through.

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[Lord Bates]

The only hesitation that I have—normally I like to agree with the noble Lord as far as possible—is on whether we can do it by Third Reading. I really do not know. I will reflect on it and talk. I think it is more important to get the principle there—that we are saying, with all these statements coming together, that clearly they need to be in one place. Whether that is civil society, an NGO, a commissioner or a government body is something that can be sorted out. But the principle is that we want to see these statements in one place so that people can monitor and evaluate them to ensure that the intended action takes place.

[Baroness Young of Hornsey]

I thank the Minister for his comprehensive response to the amendments we have just been considering. I will make three quick points.

I think that we will return to the issue of enforcement. We expect businesses to comply with money-laundering laws, bribery laws and a whole heap of other potentially criminal activities. To me, this is another criminal activity in which a company might be complicit and therefore the statements that they make need to be meaningful, and there will eventually need to be some sort of sanction, I am sure, in the future. But we will see what happens once we come to post-legislative scrutiny and we see how well the Bill actually works.

With regard to turnover and thresholds, it will be interesting to see what comes out of the consultation with business. As to whether or not there will be any consensus, that will be something we will see when that is published. That will be an interesting point because obviously different organisations will have different views on that.

With regard to government procurement, which is probably the thing I feel most strongly about in the two amendments to which I have been speaking, I will have a look at the Modern Slavery Strategy, as the Minister suggests. But statements of intent that are in that kind of paper are not the same as having something in a Bill that makes a very clear statement about what government agencies and the Government themselves should be doing in relation to that.

I will have a think about that, along with others—and I hope the Minister will as well—and in that context, I withdraw the amendment.

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Moved by

[Lord Bates]

97: Clause 52, page 39, line 28, at end insert—
“( ) An organisation’s slavery and human trafficking statement may include information about—
(a) the organisation’s structure, its business and its supply chains;(b) its policies in relation to slavery and human trafficking; (c) its due diligence processes in relation to slavery and human trafficking in its business and supply chains;(d) the parts of its business and supply chains where there is a risk of slavery and human trafficking taking place, and the steps it has taken to assess and manage that risk;(e) its effectiveness in ensuring that slavery and human trafficking is not taking place in its business or supply chains, measured against such performance indicators as it considers appropriate;(f) the training about slavery and human trafficking available to its staff.( ) A slavery and human trafficking statement—
(a) if the organisation is a body corporate other than a limited liability partnership, must be approved by the board of directors (or equivalent management body) and signed by a director (or equivalent);(b) if the organisation is a limited liability partnership, must be approved by the members and signed by a designated member;(c) if the organisation is a limited partnership registered under the Limited Partnerships Act 1907, must be signed by a general partner;(d) if the organisation is any other kind of partnership, must be signed by a partner.”

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Moved by

[Lord Bates]

99: Clause 52, page 40, line 1, leave out second “guidance” and insert “further provision”

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Moved by

[Lord Bates]

100: Clause 52, page 40, line 26, leave out paragraph (ii) and insert— (ii) section 1, 2 or 4 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2 (N.I.)) (equivalent offences in Northern Ireland),”

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Moved by

[Lord Bates]

103: Schedule 4, page 66, line 2, at end insert—
“15A In section 19(8) of the Proceeds of Crime Act 2002 (no order made: reconsideration of case), at the end insert “in relation to it”.
15B In section 20(12) of the Proceeds of Crime Act 2002 (no order made: reconsideration of benefit), at the end insert “in relation to it”.”

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Moved by

[Lord Bates]

106: Clause 55, page 41, line 39, at end insert—
“( ) regulations under section 43(8) which remove a public authority from Schedule (Public authorities under a duty to co-operate with the Commissioner) (public authorities under a duty to co-operate with the Commissioner), other than in consequence of the authority having ceased to exist;”

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Moved by

[Lord Bates]

line 1, leave out from “labour” to “to” in line 2 and insert “and about human trafficking, including provision for the protection of victims;”

[Lord Bates]

My Lords, at the end of a very long session, I rise briefly to move Amendment 114. As the Modern Slavery Strategy makes clear, the Government’s response to modern slavery has victims at its heart. The Bill is an integral part of that response and also has the interests of victims at its heart. That should be reflected in the Title of the Bill, which is the purpose of the amendment.

In proposing this small change to the Title of the Bill, emphasising the importance of victims, I thank all noble Lords who have taken part in this Report stage. I do not think that any of us is retreating from Report entirely unbruised or a little disappointed, but perhaps that is the way of things. The reality is that on the vast majority of issues we are in absolute agreement, and paramount is the necessity of tackling this abhorrent crime and eradicating it from our society, protecting the victims while prosecuting the criminals. I commend the amendment to the House.

[Baroness Lawrence of Clarendon (Lab)]

My Lords, before I begin, I should declare my interest as a trustee and member of the campaigning organisation Liberty. I support government Amendment 114. As some of your Lordships may remember, I spoke to an amendment proposed in Committee by my noble friend Lord Rosser which put victims at the heart of the Modern Slavery Bill. I remarked then that it was for the humanity of the victims that we should act. Therefore, I am pleased that the Government have seen the necessity of an amendment to the Long Title of the Bill to reflect the fact that the new Act will make provision for the protection of victims.

For far too long, the criminal justice system has failed victims. In the pursuit of other objectives, victims have been seen as afterthought or, worse still, ignored altogether.

It is high time that we put victims at the heart of our justice system and this amendment highlights this by stating that the Modern Slavery Bill is intent on providing the protection and support that victims of trafficking deserve.

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This amendment, although short, will help to deliver the right message both to the evil perpetrators who enslave, traffic and exploit vulnerable people and, more importantly, to the victims who so often feel voiceless and powerless. The much-needed improvements which the Government have conceded since the beginning of the passage of this Bill have enabled us to champion the rights of victims and to strengthen their hand when having to go through the criminal justice system. Once again, I welcome Amendment 114 as a step in the right direction on a long journey we have ahead of us to adequately protect and enshrine the rights and protections that victims require.

[Lord Bates]

I am very grateful for the noble Baroness’s support for this amendment and for her words, which I totally agree with. I pay tribute as well to her work on behalf of victims. I am delighted that we have secured her support for this.

Amendment 114 agreed.