Report (1st Day)

Part of Modern Slavery Bill – in the House of Lords at 5:15 pm on 23rd February 2015.

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Photo of Baroness Doocey Baroness Doocey Liberal Democrat 5:15 pm, 23rd February 2015

That is very helpful. I thank the Minister very much. Nobody will be happier than me if all my worries are proved groundless. I will be absolutely ecstatic, as will all the non-governmental organisations and the charities that work with these poor children on a daily basis. I will continue to monitor. I pay tribute to all the charities and the NGOs, which have done so much excellent work in this field over so many years. It must have sometimes appeared to them that they were battling the elements and bashing their heads against a brick wall.

I also place on record my thanks to the Minister for his determination to get this legislation right and for his willingness at all times to listen and respond to concerns from everyone across the House and from all the people who work with children on a daily basis. I thank him very much and I beg leave to withdraw the amendment.

Amendment 5 withdrawn.

Amendment 6

Tabled by Lord James of Blackheath

6: After Clause 4, insert the following new Clause—

“Forced child migration

(1) A person commits an offence if the person arranges or facilitates the travel of a child (“C”) with a view to transferring C’s permanent residence unless the person reasonably believes that—

(a) C’s parent or guardian consents,

(b) it is necessary for securing compliance with an order under section 8 of the Children Act 1989, or

(c) it is necessary for securing compliance with an order of a court in a foreign jurisdiction.

(2) For the purposes of subsection (1) “permanent residence” shall not include any detention under a sentence that is imposed by a court after a conviction for a criminal offence.

(3) A person may in particular arrange or facilitate C’s travel by transporting or transferring C, harbouring or receiving C, or transferring or exchanging control over C.

(4) A person arranges or facilitates C’s travel with a view to transferring C’s permanent residence only if the person knows or ought to know that C is travelling in order to live for a substantial or indeterminate period of time in a different location to the one in which C lived before the travel.

(5) “Travel” has the same meaning as in section 2.

(6) A person who is a UK national commits an offence under this section regardless of—

(a) where the arranging or facilitating takes place, or

(b) where the travel takes place.

(7) A person who is not a UK national commits an offence under this section if—

(a) any part of the arranging or facilitating takes place in the United Kingdom, or

(b) the travel consists of arrival in or entry into, departure from, or travel within, the United Kingdom.

(8) For the purposes of this section, a “person” shall include a public body.”