Modern Slavery Bill

Baroness Kennedy of Cradley Excerpts

Monday 17th November 2014 Lords Chamber

[Baroness Kennedy of Cradley (Lab)]

My Lords, I was very pleased to be appointed to the Joint Committee on this Bill. I care passionately about this issue, so the opportunity to play a part in shaping the legislation was extremely welcome.

Tragically, as others have said, slavery is all around us. It is hidden in our communities, yet is taking place openly on our streets, in our farms and in our factories. Daily we hear stories of more adults and children being denied their freedom by another in pursuit of profit and personal gain. As many have said, modern-day slavery is an evil trade and that is why there is strong support on all sides of the House for this Bill. It is a much needed piece of legislation that will rightly get the support of many in this House

There is, however, strong support for this Bill to go further in some areas, to make this the world-leading legislation that everyone wants to see. Given the time today, I will focus on four items. There are two areas that I want to see developed further. These are ensuring that this Bill gives the best protection it can to children, and the best support to businesses in their supply chains in the fight against slavery. The other two areas that I think need to be included are clauses to develop the Gangmasters Licensing Authority, and a change in the Immigration Rules for migrant domestic workers.

First, we must give children the best protection we can. From home and abroad, children are exploited in Britain by criminals every day. The Refugee Children’s Consortium has made it very clear to us all what it thinks needs to be made clearer in the Bill to protect children, and I hope that the Government will listen carefully to the arguments it puts forward. I want to focus on one of the specific areas it has highlighted: that the Bill should include a statutory principle of non-prosecution for children. Of the main children’s issues covered in the Bill, a strengthened non-prosecution principle for children who are detained and prosecuted for crimes they are forced to commit has received the least attention. Despite CPS guidance on the non-prosecution of trafficking victims, children are still being punished for offences that are a direct result of their slavery and exploitation. It cannot be right to prosecute a child who has been forced to commit a crime by their slave master. Enslaved children are victims of abuse: they need guardians, support and protection from repeat exploitation. Clause 45 sets out three elements to that defence. One of them is that a person needs to prove they were compelled to act. As UNICEF has stated, this clause is not in line with international law, which states that trafficked children do not have to prove they were compelled to commit a crime. These are the most vulnerable children. They invariably have little or no English, they are scared, have no family to protect them and are completely reliant on their trafficker. The burden of proof should not rest with the child.

The second area which needs further development is the very welcome new Clause 51 on transparency in supply chains. As other noble Lords have said, publishing the Bill without such a clause was a glaring omission and I am delighted to see it included now. We need businesses to help in the fight against slavery. Multinational organisations have the power to make a real difference to the working lives of millions and improve the working conditions of those enslaved by exploitative suppliers. They have the power to shorten their supply chains and to reform their business models so they are less reliant on outsourcing and suppliers who need to subcontract. They have the power to support good suppliers, encourage trade unions, and insist on proper inspection regimes. Fighting slavery and forced labour at home and across the world cannot happen without businesses playing their part. It is not their fight alone: the Government, the voluntary sector and, most importantly, the consumer—through the purchasing choices they make—have the real power to help eradicate slavery. Thanks to this clause, consumers will now have the information to make more informed choices about where they shop.

However, despite this clause being a huge step forward, there are five areas that need further consideration. First, it is essential that the Bill specifies a set of minimum criteria for disclosure in the organisation’s annual slavery and human trafficking statement. This is vital because we need this supply chain clause to act as a catalyst for change, creating public pressure and competition between businesses so more are encouraged to act. The minimum criteria in any organisation’s statement include the need to conduct risk assessments by product, industry and geography; the need to set out who has identified the risks; what action has been taken to mitigate the risks; and what has been the impact of those actions. Without these criteria, comparisons between companies will be impossible to make, the level playing field desired by good businesses will be difficult to achieve, and the Government will not get the transparency or the world-leading legislation they say they want.

Secondly, the statement needs to be a corporate—and therefore a CEO— responsibility. In his evidence to the Joint Committee, Andrew Forrest, founder of the Walk Free Foundation and chairman of Fortescue Metals Group, which has a supply chain of 3,000 suppliers, summed up perfectly why leadership from the top of the company is necessary. He said:

“The only reason that we found slavery in our supply chain was that it was mandated to be searched for by the chairman … without that leadership from the top, it just would not have happened”.

Thirdly, the Government also need to take leadership from the top and set out actions that allow for the monitoring, enforcement and review of this new clause. There should be a central government portal where all the annual statements are aggregated online, along with a commentary on or analysis of them, especially highlighting who is not complying with the new legislation. Will national and local government be expected to take responsibility for auditing their own procurement practices and supply chains?

Fourthly, the size of the business that will have to comply with this clause will be set out in regulations after a consultation. Given the importance of this issue, will the Government set out the timescale for this consultation and when we will see the proposed regulations?

I also want to discuss support for business in this clause. We all recognise that it will take a few years for businesses to successfully map, audit and evaluate every tier of their supply chains. As we discuss this legislation, it is important that the Government set out how they intend to help business to comply with this clause.

When considering how the Government can help businesses fight slavery we also have to look at the Gangmasters Licensing Authority—the GLA. I completely agree with my noble friend Lord Tunnicliffe that its work is vital in the UK’s fight against modern slavery. It can also play an increased role in supporting businesses in their efforts to eradicate slavery. Since 2006, it has done a great job in raising standards, controlling exploitation and driving out poor performance in the sectors for which it is currently responsible.

Ten years ago when the GLA was set up, limiting its sector focus made sense but now it makes little sense. Many high-risk sectors fall outside remit of the GLA—hospitality, construction, clothing, cleaning and social care. The Bill cannot ignore the exploitation faced by workers who fall outside its remit. There is huge support for a review of the GLA with a view to extending its role and remit, and I urge the Government to look again at this.

The Bill needs to be amended to reverse the 2012 changes to the Immigration Rules for migrant domestic workers—changes which prohibit this vulnerable group of workers from leaving their employers, effectively putting them in an enslaved situation. No matter how they are treated, they have no right to leave. They have no right to withdraw their labour without being rendered illegal.

We are all aware that migrant domestic workers are vulnerable enough without the added burden of being unable to escape their employers. Research by Kalayaan has shown that migrant domestic workers tied to their employers are more likely to be victims of trafficking, more likely to have their passports withheld and twice as likely to report having being physically abused as those who were not tied to their employers.

Amending the Bill to go back to the pre-2012 visa arrangements introduced by Labour in 1998, which allowed migrant domestic workers the right to change employers, is the right thing to do. That has been recommended by both the Joint Committee on the draft Modern Slavery Bill and the Joint Committee on Human Rights. It is incongruous to seek to pass world-leading anti-slavery legislation on the one hand and on the other continue with an immigration rule that allows a vulnerable group of workers to be effectively enslaved by their employers. I urge the Government to look again at the domestic worker visa and the increased risks faced by these workers who are unable to escape.

With this Bill we have the chance to be bold and brave. It is an opportunity to walk in the footsteps of Wilberforce and make him proud. There is much to be welcomed in the Bill. There is strong support, but there are areas for further development and I look forward to debating the issues in the House as we move forward on this legislation.