Modern Slavery Bill – in a Public Bill Committee am 3:00 pm ar 9 Medi 2014.
I beg to move amendment 7, in clause 20, page 15, line 17, at end insert—
“() where the order was made on an application under section 16 by the Director General of the National Crime Agency (“the Director General”), the Director General.”
With this it will be convenient to discuss Government amendments 10, 11, 13, 16 and 17.
The National Crime Agency plays a key role in the fight against modern slavery. Where it has applied for a slavery and trafficking prevention or risk order, it is important that it also has the ability to continue to manage the risk posed by the individual concerned. Amendment 7 adds the director general of the NCA to the list of individuals who can apply to vary, renew or discharge a slavery and trafficking prevention order. Amendment 13 makes a similar change in relation to the slavery and trafficking risk order.
Amendments 10 and 11 require the director general to inform the relevant chief of police when he has made an application to vary, renew or discharge a slavery and trafficking prevention order. Amendments 16 and 17 make similar changes in relation to the slavery and trafficking risk order. This ensures that those responsible for law enforcement at a local level are aware of the NCA’s activities in their area in relation to individuals who pose a risk of modern slavery. These amendments enable the effective onward management of individuals who pose a risk of causing harm by committing modern slavery offences.
With this it will be convenient to discuss Government amendments 9, 12, 14, 15, 18, 19, 20, new clause 1 and new clause 2.
Where an individual is made the subject of a slavery and trafficking prevention or risk order because it is necessary to prevent the likely harm caused by their committing further modern slavery offences, law enforcement bodies need to be able to manage the risk posed by that individual effectively. In many cases, it will not be possible to manage that risk appropriately if law enforcement bodies are not aware of where the individual lives and what name he or she is using. This group of amendments therefore enables the court to impose notification requirements in relation to the names and addresses of an individual subject to a slavery and trafficking prevention or risk order.
New clause 1 makes provision for the court to impose a notification requirement on individuals subject to a slavery and trafficking prevention order. The court can require an individual to provide details of any names used and their home address to a relevant authority, where they consider that this is a necessary measure to protect persons from harm likely to be caused by the individual committing a modern slavery offence.
New clause 2 makes similar provision in relation to risk orders. An individual must provide those details within three days of the order being served and notify any further changes within three days of such changes taking place. The order must specify to whom and how such notification is to be made. Where changes in those details are notified to the director general of the National Crime Agency or an immigration officer, the director general or the officer must give details of any notification to the chief officer of police for each relevant police area.
Amendments 8 and 9, which relate to prevention orders, and amendments 14 and 15, which relate to risk orders, ensure that an order may be varied to require the defendant to provide details of his name and address if the court considers it necessary to manage the relevant risk proposed.
Amendment 12 enables the court to impose a notification requirement in respect of name and address as part of an interim slavery and trafficking prevention order. Amendment 18 makes a similar change for risk orders. Amendment 20 makes it an offence for an individual to fail to give notification of that individual’s name or address where that requirement has been imposed as part of a slavery and trafficking prevention or risk order, or an interim order. Amendment 19 is consequential to that amendment and ensures that drafting of the provisions retains an offence of failing to surrender a passport when that is required by order under part 2 of the Bill. The amendments are important to enable the slavery and trafficking prevention and risk orders to be used effectively on the front line to manage the risk posed by individuals where a court has determined that their behaviour demonstrates a risk of committing modern slavery offences.
This amendment provides that a renewed or varied slavery and trafficking prevention order may require the defendant to provide details of his or her name and address only if the court is satisfied it is necessary for the purpose in clause 20(4)(b).
Amendment 10, in clause 20, page 16, line 1, leave out from beginning to “to” in line 2 and insert
“Where an immigration officer or the Director General makes an application under this section, the officer or the Director General must give notice of the application”
This amendment requires the Director General of the National Crime Agency to notify the relevant chief officer of police of an application by the Director General to vary, renew or discharge a slavery and trafficking prevention order.
Amendment 11, in clause 20, page 16, line 4, after “officer” insert “or the Director General”.—(Karen Bradley.)