Clause 42 - Guidance about identifying and supporting victims

Part of Modern Slavery Bill – in a Public Bill Committee am 2:00 pm ar 14 Hydref 2014.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Mark Pritchard Mark Pritchard Ceidwadwyr, The Wrekin 2:00, 14 Hydref 2014

I remind the Committee that with this it will be convenient to discuss the following:

New clause 22—National referral mechanism—

‘(1) The Secretary of State must by order establish a mechanism for the identification and protection of victims of modern slavery offences as defined in Part 1 of this Act.

(2) In establishing the mechanism the Secretary of State must have regard to the desirability of making provision for the following matters—

(a) the means and process for the identification and referral to the mechanism of potential victims of modern slavery;

(b) the provision to a child of an advocate in accordance with section 41 of this Act, if no such advocate has already been appointed upon identification of the child as a victim or referral to the mechanism;

(c) the appropriate stages in the formal identification process of a victim of modern slavery, the tests to be applied at each stage, and the timescales within which each stage must be completed;

(d) the suitability, qualification and necessary training of a person or organisation to fulfil the processes at paragraphs (2)(a) or (c);

(e) the principle that an organisation whose functions include determining asylum and immigration is unsuitable to deal with the matters referred to in paragraph (c).

(f) the care assistance or services which shall be provided as a minimum to all potential and formally identified victims of modern slavery;

(g) the provision of an internal review and appeal of a decision under paragraphs (2)(a) or (c).’

New clause 27—General duty to identify, assist, support and promote the welfare of victims—

‘(1) Public authorities have a general duty—

(a) to take all reasonable steps to identify persons who are, may be, or may have been, trafficked, enslaved or exploited persons;

(b) to take all reasonable steps to provide assistance and support (including to refer persons to other agencies for assistance and support) on a consensual and informed basis, and to promote the welfare of persons who are, may be, or may have been, trafficked, enslaved or exploited persons, including, as a minimum the provision of—

(i) standards of living capable of ensuring their subsistence, through such measures as the provision of appropriate and secure accommodation, psychological and material assistance;

(ii) access to necessary medical treatment;

(iii) translation and interpretation services;

(iv) counselling and information, in particular regarding their legal rights and the services available to them, in a language that they can understand;

(v) assistance to enable their rights and interests to be presented and considered at appropriate stages of criminal proceedings against offenders; and

(vi) access to education for children;

(c) to make arrangements for ensuring that any services provided by another person for the purpose of discharging the public authority’s function are provided in accordance with the general duty in section 16(1) above; and

(d) to have due regard to the fact that an individual is, or may have been a trafficked, enslaved or exploited person when making decisions affecting that individual.’

New clause 28—Establishment and function of the National Referral Mechanism (“NRM”)—

‘(1) The Secretary of State must establish an NRM to—

(a) identify trafficked, enslaved or exploited persons within the United Kingdom;

(b) provide assistance and support to a person who may have been trafficked, enslaved or exploited from the time at which that person is first referred into the NRM until such time as a final and conclusive determination is made that they are not such a person; and

(c) ensure that the rights of such persons are protected and promoted in a manner which discharges the Government’s obligations under the Trafficking Convention and the Trafficking Directive regarding the identification and protection of victims, including measures for assistance and support including, at a minimum, the measures referred to in section 16(1).

(2) The Secretary of State must, in regulations, specify the procedures to be followed to implement the NRM and the procedures to be applied by the NRM including to give effect to the right to a renewable residence permit provided for in sections 16(11) and (12) below.

(3) The regulations must provide for a right of appeal by an individual in respect of a decision in the NRM process that they are not a trafficked, enslaved or exploited person.

(4) A person (including a child) must give their free and informed consent to being referred into the NRM before a referral is made on their behalf.