EXPLANATORY NOTES Modern Slavery Act 2015 Chapter 30 £10.00 These notes refer to the Modern Slavery Act 2015 (c. 30) which received Royal Assent on 26 March 2015 MODERN SLAVERY ACT 2015 —————————— EXPLANATORY NOTES INTRODUCTION 1. These Explanatory Notes relate to the Modern Slavery Act 2015 which received Royal Assent on 26 March 2015. They have been prepared by the Home Office in order to assist the reader in understanding the Act. They do not form part of the Act and have not been endorsed by Parliament. 2. The Notes need to be read in conjunction with the Act. They are not, and are not meant to be, a comprehensive description of the Act. So where a section or part of a section does not seem to require any explanation or comment, none is given. SUMMARY 3. The Act is in seven parts. Part 1 consolidates and clarifies the existing offences of slavery and human trafficking whilst increasing the maximum penalty for such offences. Part 2 provides for two new civil preventative orders, the Slavery and Trafficking Prevention Order and the Slavery and Trafficking Risk Order. Part 3 provides for new maritime enforcement powers in relation to ships. 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 focussed on supporting and protecting victims, including a statutory defence for slavery or trafficking victims and special measures for witnesses in criminal proceedings. Part 6 requires certain businesses to disclose what activity they are undertaking to eliminate slavery and trafficking from their supply chains and their own business. Part 7 requires the Secretary of State to publish a paper on the role of the Gangmasters Licensing Authority and otherwise relates to general matters such as consequential provision and commencement. BACKGROUND 4. Modern slavery is a brutal form of organised crime in which people are treated as commodities and exploited for criminal gain. The true extent of modern slavery in the United Kingdom, and indeed globally, is unknown. Modern slavery, in particular human trafficking, is an international problem and victims may have entered the United Kingdom legally, on forged documentation or clandestinely, or they may be British citizens living in the United Kingdom. Modern slavery takes a number of forms, including sexual exploitation, forced labour and domestic servitude, and victims come from all walks of life. Victims are often unwilling to come forward to law enforcement or public protection agencies, not seeing themselves as victims, or fearing further reprisals from their abusers. In particular, there may be particular social and cultural barriers to men identifying themselves as victims. Victims may also not always be recognised as victims of modern slavery by those who come into contact with them. 1 These notes refer to the Modern Slavery Act 2015 (c. 30) which received Royal Assent on 26 March 2015 5. There are a number of international instruments on human trafficking. The main international instrument is the Protocol to the United Nations Convention against Transnational Organized Crime, named the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (the “Palermo Protocol”). The definition of trafficking contained in that instrument was adopted in the Council of Europe Convention on Action against Trafficking in Human Beings (the “Convention on Action against Trafficking”). That international instrument was ratified by the United Kingdom on 17 December 2008. After this time, the European Commission tabled a proposal for a Directive on trafficking in human beings. A final text was agreed in March 2011 and was adopted on 5 April 2011: Directive 2011/36/EU of the European Parliament and of the Council on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decisions 2002/629/JHA (the “Directive on preventing and combating trafficking”). That Directive adopts and expands upon the obligations and definitions contained in the Palermo Protocol and the Convention on Action against Trafficking. The United Kingdom has opted into this Directive. In order to ensure full compliance with the obligations contained in that Directive in England and Wales, Parliament made changes to the Sexual Offences Act 2003 and the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 through sections 109 and 110 of the Protection of Freedoms Act 2012. 6. In relation to slavery, servitude and forced or compulsory labour, the ILO Convention (No. 29) Concerning Forced or Compulsory Labour added a prohibition of forced or compulsory labour to the existing prohibition of slavery and servitude contained in the 1926 Slavery Convention. These instruments have been ratified by the United Kingdom. A related more recent ILO Convention, ratified by the United Kingdom on 22 March 2000, is ILO Convention (No. 182) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour. That Convention commits signatories to take immediate action to prohibit and eliminate the worst forms of child labour. Article 4 of the European Convention on Human Rights prohibits holding a person in slavery or servitude, or requiring a person to perform forced or compulsory labour. 7. The Government outlined its strategic response to modern slavery in the Modern Slavery Strategy, published in November 2014.1 The Inter-Departmental Ministerial Group on Modern Slavery also published its annual report2 in October 2013 which highlights activity to fight modern slavery across the UK, as well as providing information on the nature and scale of the problem. The Inter-Departmental Ministerial Group published a further joint 3 statement in October 2014. 1https://www.gov.uk/government/publications/modern-slavery-strategy 2https://www.gov.uk/government/publications/human-trafficking-inter-departmental-ministerial-group-report- 2013 3 https://www.gov.uk/government/publications/joint-statement-of-the-inter-departmental-ministerial-group-on- modern-slavery 2 These notes refer to the Modern Slavery Act 2015 (c. 30) which received Royal Assent on 26 March 2015 8. The intention to introduce a Modern Slavery Bill was announced by the Home Secretary on 25 August 2013. The Home Secretary subsequently announced a series of evidence sessions4 to gather information to support pre-legislative scrutiny of the draft Bill, led by Frank Field MP. A report from the evidence sessions was published on 16 December.5 A draft Bill was published on 16 December and was the subject of pre-legislative scrutiny, with the Joint Committee publishing its report on 8 April.6 TERRITORIAL EXTENT AND APPLICATION 9. Section 60 sets out the territorial extent of the Act. 10. The majority of the Act’s provisions extend to England and Wales only (subject to some consequential amendments having the same extent as the provisions being amended), but certain provisions also extend to Scotland and Northern Ireland. 11. In Part 3 of the Act relating to maritime enforcement powers section 35 extends to England and Wales only, 36 to Scotland only, 37 to Northern Ireland only and sections 38 and 39 and Schedule 2 to England and Wales, Scotland and Northern Ireland. 12. The role of the Independent Anti-Slavery Commissioner as set out in Part 4 of the Act extends to England and Wales, Scotland and Northern Ireland. 13. Section 53, relating to protections for overseas domestic workers extends to England and Wales, Scotland and Northern Ireland. 14. Part 6, relating to transparency in supply chains, extends to England and Wales, Scotland and Northern Ireland. 15. Part 7 relating to the Gangmasters Licensing Authority and general matters such as consequential provision and commencement extends to England and Wales, Scotland and Northern Ireland. 16. The human trafficking offence in section 2 provides for extra territorial jurisdiction over UK nationals who commit trafficking offences overseas. 4 https://www.gov.uk/government/news/home-secretary-begins-evidence-sessions-on-modern-slavery 5http://www.centreforsocialjustice.org.uk/UserStorage/pdf/Pdf%20reports/Establishing-Britain-as-a-world- leader-in-the-fight-against-modern-slavery.pdf 6The draft Bill is at: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/266165/Draft_Modern_Slavery_ Bill.pdf The Joint Committee report is at: http://www.publications.parliament.uk/pa/jt201314/jtselect/jtslavery/166/166.pdf 3 These notes refer to the Modern Slavery Act 2015 (c. 30) which received Royal Assent on 26 March 2015 COMMENTARY ON SECTIONS Part 1: Offences Section 1: Slavery, servitude and forced or compulsory labour 17. Subsection (1) provides for an offence of slavery, servitude and forced or compulsory labour. It replaces the existing such offence in section 71 of the Coroners and Justice Act 2009 which is accordingly repealed by Schedule 5 of the Act. The offence has been supplemented by provisions that clarify that regard may be had to all the circumstances of the case and that consent by the victim does not preclude the offence having taken place. This reflects the position in case law. 18. Subsection (2) requires subsection (1) to be interpreted in accordance with Article 4 of the ECHR. That Article states: 1) No one shall be held in slavery or servitude. 2) No one shall be required to perform forced or compulsory labour. 3) For the purpose of this Article the term “forced or compulsory labour” shall not include: a) any work required to be done in the ordinary course of detention imposed according to the provisions of Article 5 of this Convention or during conditional release from such detention; b) any service of a military character or, in case of conscientious objectors in countries where they are recognised, service exacted instead of compulsory military service; c) any service exacted in case of an emergency or calamity threatening the life or well-being of the community; d) any work or service which forms part of normal civic obligations.