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Implementation of the Modern Slavery Act 2015 3 DEBATE PACK Number CDP-2017-0199, 24 October 2017 Compilers: Philip Implementation of the Abraham, Diana Perks Specialist: Jack Dent Modern Slavery Act 2015 Contents 1. Background 2 Commons Chamber, Thursday 26 1.1 The Modern Slavery Act 2015 2 October 2017 1.2 Developments since the 2015 Act 3 A Backbench Business debate on Implementation of the Modern Slavery Act 1.3 Further information 4 2015 is scheduled for Thursday 26 October 2017. This will be a general debate, to be held in the Commons Chamber. The subject of the debate was nominated 2. Press articles 5 by the Backbench Business Committee. 3. Press releases 7 4. Parliamentary material 10 4.1 Committee inquiries 10 4.2 Debates 10 4.3 Oral parliamentary questions 10 4.4 Written Parliamentary Questions 10 5. Official publications 14 6. Further reading 15 The House of Commons Library prepares a briefing in hard copy and/or online for most non-legislative debates in the Chamber and Westminster Hall other than half-hour debates. Debate Packs are produced quickly after the announcement of parliamentary business. They are intended to provide a summary or overview of the issue being debated and identify relevant briefings and useful documents, including press and parliamentary material. More detailed briefing can be prepared for Members on request to the Library. www.parliament.uk/commons-library | intranet.parliament.uk/commons-library | [email protected] | @commonslibrary 2 Number CDP-2017-0199, 24 October 2017 1. Background The Government has described modern slavery as a “brutal form of organised crime in which people are treated as commodities and exploited for criminal gain”, which “takes a number of forms, including sexual exploitation, forced labour and domestic servitude”. The Home Office says that the true extent of modern slavery is difficult to ascertain, as it is a “highly complex and hidden crime”. In 2014, it estimated that in 2013 there were between 10,000 and 13,000 potential victims in the UK. 1.1 The Modern Slavery Act 2015 Legislation relating to modern slavery was enacted across all UK jurisdictions in 2015. The Modern Slavery Act 2015, most of the provisions of which apply to England and Wales only, received royal assent on 26 March 2015. The Human Trafficking and Exploitation (Scotland) Act 2015 and the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 were also passed In Scotland and Northern Ireland, respectively. These measures permit similar victim support measures and law enforcement powers throughout the UK. The Modern Slavery Act 2015: • Consolidates and clarifies the existing offences of slavery and human trafficking and increases the maximum penalty for these offences; • Provides for two new civil preventative orders, the Slavery and Trafficking Prevention Order and the Slavery and Trafficking Risk Order; • Creates new maritime enforcement powers, so that the police can pursue traffickers on ships; • Sets up the office of Independent Anti-slavery Commissioner; • Brings in measures focussed to support and protect victims, including a defence for slavery or trafficking victims and special measures for witnesses in criminal proceedings; and • Requires certain businesses to say what they are doing to eliminate slavery and trafficking from their supply chains and their own business. The Act extended the National Referral Mechanism (NRM) process to all victims of modern slavery in England and Wales. The NRM process grants a minimum 45 day reflection and recovery period whilst the case Implementation of the Modern Slavery Act 2015 3 is assessed. During this time, the person is provided with accommodation and is not liable to immigration enforcement action. 1.2 Developments since the 2015 Act Independent review of the Act The then Home Secretary Theresa May set up an independent review of the 2015 Act a year after it came into force. The review, by barrister Caroline Haughey, found that the 2015 Act had set “an international benchmark to which other jurisdictions aspire”. It found that slavery remained under-reported, but the operational response was improving. However, the review said there were problems, including a lack of consistency between law enforcement and criminal justice agencies and poor quality intelligence at all levels. The review recommended better training and a more structured approach to prosecuting and preventing slavery. Modern Slavery Taskforce The Government set up a taskforce on modern slavery in July 2016 to help co-ordinate policy and operational responses. Membership includes the heads of all 3 intelligence agencies, the Metropolitan Police Commissioner, and the Secretary General of Interpol. Alongside the taskforce, the Government announced a £33 million International Modern Slavery Fund from the UK aid budget to tackle modern slavery in countries where victims are regularly trafficked to the UK. On 17 October 2017, the taskforce announced three new measures. The NRM will be reformed to try and improve decision-making and support, including a new digital system. A new unit in the Home Office will handle all potential modern slavery cases, and an independent panel of experts will review all negative decisions. Work and Pensions Committee In April 2017 the Work and Pensions Committee published a report following its inquiry into victims of modern slavery. The Chair, Frank Field, announcing the report, said there was “a shocking lack of awareness and co-ordination in the front line services dealing with modern slavery” and called for an “urgent review” to ensure some minimum safeguards for victims were in place. Her Majesty’s Inspectorate of Constabulary and Fire & Rescue Services Report, October 2017 On 24 October 2017, Her Majesty’s Inspectorate of Constabulary and Fire & Rescue Services (HMICFRS) published a thematic inspection of police forces response to modern slavery. The report expressed concern that police were closing cases prematurely and inconsistently and ineffectively identifying victims. Positive examples were found to be small or only recently established, and overall, HMICFRS said the police service and law enforcement agencies need to do much more to respond successfully to modern slavery and human trafficking. 4 Number CDP-2017-0199, 24 October 2017 1.3 Further information Modern Slavery Act 2015: Recent Developments, Commons Library Briefing Paper 7656, 22 July 2016 Implementation of the Modern Slavery Act 2015 5 2. Press articles “Police forces failing to tackle modern slavery in UK, report shows”, Guardian, 24 October 2017 “How police miss chances to investigate modern slavery”, Guardian, 24 October 2017 “For the price of a few warships, we could end slavery once and for all”, Guardian, 18 October 2017 “How the idea of ‘modern slavery’ is used as political click bait”, Conversation, 16 October 2017 “Modern slavery referrals up 300% in UK due to improved identification”, Guardian, 16 October 2017 “FTSE 100 slow to report on fight against modern slavery”, Financial Times, 15 October 2017 “Modern slavery victims are being failed by British police, report finds”, Independent, 12 October 2017 “Queen backs action against modern slavery in all Commonwealth nations”, Guardian, 11 October 2017 “Amber Rudd: Only by working together can we eradicate modern slavery”, Evening Standard, 10 October 2017 “'Path to illegal behaviour': UK accused of failing to press home anti- slavery law”, Guardian, 4 October 2017 “Priti Patel: Modern day slavery must be tackled at source 'like terrorism'”, Independent, 2 October 2017 “Slaves on our Streets: Tracking the route of human trafficking from Nigeria to Europe – and back again”, Independent, 29 September 2017 “Women and girls make up 'nearly three quarters' of modern slavery victims”, Independent, 19 September 2017 6 Number CDP-2017-0199, 24 October 2017 “Slaves on our Streets: Why London is a global hub for modern slavery”, Independent, 13 September 2017 “More than a third of UK businesses are failing to combat modern slavery, study shows”, Independent, 5 September 2017 “Human trafficking and slavery affecting ‘every large town and city in UK’”, Independent, 10 August 2017 “Slavery is a weak link in corporate supply chains”, Financial Times, 22 June 2017 Road to Brexit: Leaving EU could make it 'impossible' to tackle human trafficking, warn campaigners, Independent, 9 May 2017 “‘Inexcusable’ failures in UK’s response to modern slavery leaving victims destitute while abusers go free, report warns”, Independent, 29 April 2017 “Human trafficking victim referrals surge almost 80% across UK amid calls for heightened public awareness”, Independent, 24 March 2017 “UK Border Force 'failing to identify thousands of modern slavery victims'”, Guardian, 2 February 2017 “Modern Slavery Act gives UK companies a free pass to profit from slavery overseas”, Guardian, 18 October 2017 “My Government will lead the way in defeating modern slavery”, Telegraph, 30 July 2016 (Article by Rt Hon Theresa May MP) Implementation of the Modern Slavery Act 2015 7 3. Press releases Her Majesty’s Inspectorate of Constabulary and Fire & Rescue Services, 24 October 2017 Call for concerted and concentrated response to modern slavery Despite the number of modern slavery and human trafficking cases increasing, police forces are failing to recognise these crimes and protect victims adequately, as set out in a report published today by Her Majesty’s Inspectorate of Constabulary and Fire & Rescue Services (HMICFRS). Get the report Stolen freedom: the policing response to modern slavery and human trafficking The report concluded that there were signs of progress in the policing response to modern slavery. However in too many cases, police work was reactive and showed little understanding of the nature and scale of modern slavery and human trafficking. This thematic inspection is the first since the introduction of the Modern Slavery Act in 2015. As such, it will act as a benchmark for future inspections of this issue. HM Inspector of Constabulary, Wendy Williams, who led the inspection, said: “In the UK, today and every day, thousands of men, women and children who are victims of modern slavery and human trafficking are being degraded and dehumanised.
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