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Committee for Justice Report on the Legislative Consent Motion: the Modern Slavery Bill

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Committee for Justice Report on the Legislative Consent Motion: the Modern Slavery Bill Northern Ireland Assembly Committee for Justice Report on the Legislative Consent Motion: The Modern Slavery Bill Session: 2014/2015 Date: 26 November 2014 Introduction Powers 1. The Committee for Justice is a Statutory Departmental Committee established in accordance with paragraphs 8 and 9 of the Belfast Agreement, section 29 of the Northern Ireland Act 1998 and under Standing Order 46. The Committee has power to: • Consider and advise on Departmental budgets and annual plans in the context of the overall budget allocation; • Consider relevant secondary legislation and take the Committee stage of primary legislation; • Call for persons and papers; • Initiate inquiries and make reports; and • Consider and advise on any matters brought to the Committee by the Minister for Justice Background to the Bill 2. The intention to introduce a Modern Slavery Bill was announced by the Home Secretary on the 25 August 2013 and is part of the “4P approach” in the UK Government’s Serious and Organised Crime Strategy which aims to: track down those responsible for modern slavery and bring them to justice through an improved law enforcement response, supported with better information sharing and intelligence (Pursue); stop people becoming involved in the perpetration of modern slavery through effective deterrent measures (Prevent); strengthen protection against modern slavery by raising awareness and increasing resilience and effectiveness against this crime (Protect); and reduce the impact of modern slavery through improved support for victims, both in the UK and those returning home (Prepare). The Home Secretary published the draft Modern Slavery Bill on 16 December 2013. 3. The Bill is in seven Parts: Part 1- consolidates the current offences of slavery, servitude and forced or compulsory labour and of human trafficking in England and Wales and makes provision in respect of penalties and sentencing. Part 2 - introduces two new civil prevention orders; the Slavery and Trafficking Prevention Order and the Slavery and Trafficking Risk Order that will be available for courts in England and Wales. 2 Part 3 - makes provision for new maritime enforcement powers to clarify law enforcement’s powers to act at sea where there is suspicion that a “modern slavery” offence has occurred. Part 4 - establishes the office of Independent Anti-slavery Commissioner and sets out the functions of the Commissioner. Part 5 - introduces a number of measures for England and Wales focused on supporting and protecting victims of “modern slavery”, including a statutory defence for victims and special measures for witnesses in criminal proceedings. Part 6 - introduces new measures to tackle “modern slavery” by enhancing transparency in commercial supply chains. Part 7- relates to general matters such as interpretation, consequential provision, regulations, extent and commencement. 4. The Bill was subject to pre-legislative scrutiny by a Joint Committee of both Houses of Parliament and the Home Secretary subsequently announced a series of evidence sessions to gather information to support pre-legislative scrutiny of the draft Bill. The Bill was laid before the House of Commons on 10 June 2014 and the subsequent reporting stage was completed on 4 November 2014. The House of Lords (HoL) had their first reading on 5 November 2014, the second reading occurred on 17 November and the HoL Committee stage is due to commence on 1 December 2014. Purpose of the Legislation 5. The Modern Slavery Bill will: consolidate existing relevant legislation; introduce an Anti-Slavery Commissioner (UK wide subject to agreement from the devolved Northern Ireland and Scotland legislatures); introduce Slavery and Trafficking Prevention Orders and Slavery and Trafficking Risk Orders; introduce a statutory duty to report potential victims of trafficking to the National Crime Agency; and increase maximum sentences available following conviction for slavery and human trafficking offences to life imprisonment. 6. The proposed LCM will cover three main areas within the Modern Slavery Bill relevant to Northern Ireland; Provisions introducing new enforcement powers in relation to ships in order to tackle human trafficking and slavery where they occur at sea; on introduction the Bill included provisions to create new enforcement powers to tackle human trafficking and slavery offences at sea. The Minister of Justice consulted the 3 Chief Constable and the Northern Ireland Policing Board on these proposed powers and the Department has advised that they agreed that these powers would be beneficial and would enhance Northern Ireland’s capacity to respond to these crimes and bring perpetrators to justice. Provisions under Part 3 of the Bill to establish the office of Independent Anti- slavery Commissioner; Clause 34 of the Modern Slavery Bill establishes the office of the Commissioner and requires the Secretary of State to appoint an Independent Anti-slavery Commissioner after consultation with Scottish Ministers and the Department of Justice in Northern Ireland (on 10 November 2014, the Department confirmed that Mr Kevin Hyland was appointed). The Commissioner’s general functions are set out in clause 35, which requires the Commissioner to encourage good practice in; the prevention, detection, investigation and prosecution of slavery and human trafficking offences; and the identification of those offences. The Bill also sets out a list of things that the Commissioner may do in order to fulfil their functions, including making reports, undertaking research, making recommendations to any public authority and providing information, education and training. The role of the Anti-slavery Commissioner if extended to Northern Ireland and agreed by the Assembly, would replace the role of a Northern Ireland Rapporteur as detailed in Clause 16 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Bill. Provisions to enhance transparency in supply chains; this provision aims to fill in the current information gap about the overall corporate response to tackling slavery in supply chains and encourage companies to take meaningful action. It is envisaged that if extended, this provision will help to reinforce Northern Ireland’s stance against human trafficking and slavery. The Department of Justice has had initial engagement at official level with the Department of Enterprise, Trade and Industry (DETI) and the Department of Agriculture and Rural Development (DARD). DETI indicated that in principle it is content with the proposal to extend the provision to Northern Ireland. DARD indicated that it is satisfied that the provisions would not raise any Departmental issues. Committee’s Consideration 7. In January 2014, the Minister of Justice launched a public consultation on new measures to strengthen Northern Ireland’s response to human trafficking and slavery. The consultation included the proposal to extend the powers and 4 jurisdiction of the Anti-Slavery Commissioner under the Modern Slavery Bill to Northern Ireland as an alternative to the provision for a Northern Ireland Rapporteur (clause 16) currently contained in the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Bill. In response, 30 out of 40 responses were in favour of a UK Commissioner, subject to ensuring that Northern Ireland interests would be appropriately covered. 8. On 6 March 2014, the Committee heard evidence from Departmental officials who clarified that the Minister had highlighted the need for effective monitoring and accountability in human trafficking and was of the view that a more effective approach would be to extend the remit of United Kingdom-wide Anti-Slavery Commissioner to cover Northern Ireland. In turn, it was observed that the Minister would oppose Clause 16 in the hope of getting wider support for a Commissioner. The Officials also clarified that Lord Morrow had acknowledged that a UK commissioner model may be more effective, but was seeking assurances about the nature of that body and appointments etc. before he will draw his own proposal about a local rapporteur. 9. The Committee subsequently considered and agreed its report on the Human Trafficking and Exploitation (Further Provisions and Support for Victims) Bill at its meeting on 10 April 2014. In relation to Clause 16 and the UK Rapporteur, the Committee concluded that: Extract from Committee Report - Clause 16 104. The Committee met with the Swedish National Rapporteur when it visited Stockholm and took the opportunity to discuss the role, remit and benefits of having such an individual in post. Members were supportive of the principle of having an independent body to monitor and report on the response to human trafficking in Northern Ireland. While recognising there may be an opportunity to extend the remit of the Anti-Slavery Commissioner to cover Northern Ireland the Committee wanted to examine in more detail how this would operate and the extent to which it would meet the particular needs and requirements of this jurisdiction. 105. The Committee agreed that it was content with Clause 16. Noting that the remit of the Anti-Slavery Commissioner, which would be created by the draft Modern Slavery Bill, could be extended to Northern Ireland, the Committee 5 indicated that it would consider the matter further when there is clarity on the position regarding such a Commissioner and the likely remit and responsibilities. 10. During consideration stage of the Human Trafficking and Exploitation Bill on 20 October 2014,
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