Modern Slavery Bill — Report (2nd Day) (Continued)

Part of the debate – in the House of Lords at 9:30 pm on 25th February 2015.

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Photo of Baroness Garden of Frognal Baroness Garden of Frognal Lords Spokesperson (Women & Equalities), Baroness in Waiting (HM Household) (Whip) 9:30 pm, 25th February 2015

My Lords, prevention is critical to tackling modern slavery. That is why the Bill will introduce slavery and trafficking prevention orders which restrict the activity of individuals who have been convicted of modern slavery offences.

The slavery and trafficking risk order and the slavery and trafficking prevention order will complement the existing serious crime prevention order regime. We want to ensure that law enforcement has all the tools required to prevent and disrupt organised criminals from committing modern slavery offences.

In a limited number of cases, it will be appropriate for the Director of Public Prosecutions and the director of the Serious Fraud Office to seek a serious crime prevention order; for example, where positive requirements are needed to stop a modern slavery offender from causing further harm.

Currently under this Bill, it would not be possible to apply for a serious crime prevention order against those with convictions for the existing trafficking offences. Government Amendment 102 will remedy this and ensure that law enforcement has the flexibility it needs to tackle this abhorrent crime.

Continuing to give law enforcement agencies this flexibility in relation to offences committed before this Bill is passed will help them prevent the horrific abuse and suffering caused by modern slavery offences. I therefore hope that noble Lords will support the amendment. I beg to move.

Amendment 102 agreed.

Amendments 103 to 105

Moved by Lord Bates

103: Schedule 4, page 66, line 2, at end insert—

“15A In section 19(8) of the Proceeds of Crime Act 2002 (no order made: reconsideration of case), at the end insert “in relation to it”.

15B In section 20(12) of the Proceeds of Crime Act 2002 (no order made: reconsideration of benefit), at the end insert “in relation to it”.”

104: Schedule 4, page 66, line 4, leave out “so far as they relate to such orders” and insert “in relation to it”

105: Schedule 4, page 66, line 6, leave out “so far as they relate to such orders” and insert “in relation to it”

Amendments 103 to 105 agreed.

Clause 55: Regulations

Amendments 106 to 113

Moved by Lord Bates

106: Clause 55, page 41, line 39, at end insert—

“( ) regulations under section 43(8) which remove a public authority from Schedule (Public authorities under a duty to co-operate with the Commissioner) (public authorities under a duty to co-operate with the Commissioner), other than in consequence of the authority having ceased to exist;”

107: Clause 55, page 41, line 41, at end insert—

“( ) regulations under section (Regulations about identifying and supporting victims) (identifying and supporting victims);”

108: Clause 55, page 41, line 41, at end insert—

“( ) regulations under section 51(6) which remove a public authority from section 51(5), other than in consequence of the authority having ceased to exist;”

109: Clause 55, page 41, line 42, at end insert—

“( ) the first regulations under section 52(3) (definition of turnover for purposes of section 52);”

110: Clause 55, page 42, line 1, leave out from “section” to end of line 2 and insert “43(6)—

(a) are subject to the affirmative procedure if they contain provision removing a public authority from Schedule (Public authorities under a duty to co-operate with the Commissioner) (public authorities under a duty to co-operate with the Commissioner), other than in consequence of the authority having ceased to exist;

(b) otherwise, are subject to the negative procedure.”

111: Clause 55, page 42, line 4, leave out “43” and insert “43(7)”

112: Clause 55, page 42, line 7, leave out “43” and insert “43(7)”

113: Clause 55, page 42, line 8, at end insert “, unless they are regulations to which subsection (7B) applies.

(7A) The Department of Justice in Northern Ireland may not make regulations to which subsection (7B) applies unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

(7B) This subsection applies to regulations under section 43(7) which contain provision removing a public authority from Schedule (Public authorities under a duty to co-operate with the Commissioner) (public authorities under a duty to co-operate with the Commissioner), other than in consequence of the authority having ceased to exist.”

Amendments 106 to 113 agreed.

In the Title

Amendment 114

Moved by Lord Bates line 1, leave out from “labour” to “to” in line 2 and insert “and about human trafficking, including provision for the protection of victims;”