Schedule 4 - Minor and consequential amendments

Modern Slavery Bill – in a Public Bill Committee am 2:45 pm ar 14 Hydref 2014.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Karen Bradley Karen Bradley The Parliamentary Under-Secretary of State for the Home Department 2:45, 14 Hydref 2014

I beg to move amendment 22, in schedule 4, page 44, line 3, at end insert “, and

(b) in paragraph (e) for “(da)” substitute “(db)””

This amendment makes a further amendment to the Sexual Offences (Amendment) Act 1992 in consequence of the amendment made to that Act by paragraph 4 of Schedule 4.

Photo of Mark Pritchard Mark Pritchard Ceidwadwyr, The Wrekin

With this it will be convenient to discuss Government amendments 23 and 24.

Photo of Karen Bradley Karen Bradley The Parliamentary Under-Secretary of State for the Home Department

Government amendments 22 and 23 will make minor amendments to paragraph 4 of schedule 4 to ensure that it amends the Sexual Offences (Amendment) Act 1992 properly. Amendment 24 will add the offence of slavery, servitude and forced labour—the clause 1 offence—to the list of serious crimes in the Serious Crime Act 2007. This will mean that the offence is a qualifying offence for the purposes of making a serious crime prevention order. Paragraph 7 of schedule 4 already ensures that this measure is available for a human trafficking offence. An SCPO can be used to impose positive or negative requirements on an individual, whereas the slavery and trafficking prevention and risk orders within the Bill before us can only impose negative requirements. There may be scenarios where individuals convicted for offences of slavery, servitude and forced labour are involved in wider organised criminality, and positive requirements would be advantageous in managing the wider risk posed by such individuals. Examples of requirements that can be made under serious crime prevention orders are: providing financial information; providing details of an individual’s businesses and employees, allowing access to premises owned by an individual and notifying vehicles owned or controlled. The provision will ensure that law enforcement bodies can respond flexibly to the threat posed by the most serious modern slavery offenders, who can be engaged in organised crime.

Amendment 22 agreed to.

Amendments made: 23, in schedule 4, page 44, line 12, leave out “paragraph” and insert “paragraphs 31(2)(b) and”

This amendment repeals a provision which is redundant in consequence of amendment 22.

Amendment 24, in schedule 4, page 44, line 25, leave out from beginning to end of line 26 and insert—

‘( ) Part 1 of Schedule 1 to the Serious Crime Act 2007 (serious offences: England and Wales) is amended as follows.

( ) After paragraph 1 insert—

“Slavery etc

1A An offence under section1 of the Modern Slavery Act 2014 (slavery, servitude and forced or compulsory labour).”

( ) In paragraph 2—’

This amendment amends the Serious Crime Act 2007 so that an offence under clause 1 will be a serious criminal offence for the purposes of Part 1 of that Act (power to make serious crime prevention orders against a person who has been involved in serious crime).

Amendment25, in schedule 4, page 45, line 2, at end insert—

‘Administration of Justice Act 1970 (c. 31)

9A (1) The Administration of Justice Act 1970 is amended as follows.

(2) In section 41(8) (enforcement of orders for compensation etc) for “or 13A” substitute “, 13A or 13B”.

(3) In Part 1 of Schedule 9 (enforcement of orders for compensation etc) after paragraph 13A insert—

13B Where under section 8 of the Modern Slavery Act 2014 a court makes a slavery and trafficking reparation order.”

Criminal Justice Act 1991 (c. 53)

9B (1) Section 24 of the Criminal Justice Act 1991 (recovery of fines by deduction from certain benefits) is amended as follows.

(2) In subsection (1), for “or unlawful profit order” substitute “, an unlawful profit order or a slavery and trafficking reparation order”.

(3) In subsection (3)(b), for “or unlawful profit order” substitute “, an unlawful profit order or a slavery and trafficking reparation order”.

(4) In subsection (4), after the definition of “prescribed” insert—

““slavery and trafficking reparation order” means an order under section8 of the Modern Slavery Act 2014;”.

Social Security (Recovery of Benefits) Act 1997 (c. 27)

9C In paragraph 2 of Schedule 1 to the Social Security (Recovery of Benefits) Act 1997 (exempted payments), for “2000 or” substitute “2000, section8 of the Modern Slavery Act 2014,”.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

9D In section 133(3)(c) of the Powers of Criminal Courts (Sentencing) Act 2000 (review of compensation orders), for the words from “a confiscation order” to the end substitute “any or all of the following made against him in the same proceedings—

(i) a confiscation order under Part 6 of the Criminal Justice Act 1988 or Part 2 of the Proceeds of Crime Act 2002;

(ii) an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013;

(iii) a slavery and trafficking reparation order under section8 of the Modern Slavery Act 2014; or”.’

This amendment and amendment 26 make amendments of legislation consequential on the provisions about reparation orders in clauses 8 to 10. They provide for reparation orders to be treated in a similar way to compensation orders under section 130 of the Powers of Criminal Courts (Sentencing) Act 2000.

Amendment 26, in schedule 4, page 45, line 42, at end insert—

‘15 In Schedule 11 to the Proceeds of Crime Act 2002 (amendments), omit paragraph 37(3).

Courts Act 2003 (c. 39)

16 (1) Schedule 5 to the Courts Act 2003 (collection of fines and other sums imposed on conviction) is amended as follows.

(2) In paragraph 2(2)—

(a) omit the “and” at the end of the definition of “a sum required to be paid by a compensation order”;

(b) after the definition of “a sum required to be paid by an unlawful profit order” insert—

““a sum required to be paid by a slavery and trafficking reparation order” means any sum required to be paid by an order made under section8 of the Modern Slavery Act 2014.”

(3) In paragraph 7A(1) for “or an unlawful profit order” substitute “, an unlawful profit order or a slavery and trafficking reparation order”.

(4) In paragraph 13(1)(aa)—

(a) for “or a sum” substitute “, a sum”;

(b) after “unlawful profit order” insert “or a sum required to be paid by a slavery and trafficking reparation order”;

(c) in sub-paragraph (i) for “or the” substitute “, the”;

(d) in that sub-paragraph after “unlawful profit order” insert “or the amount required to be paid by the slavery and trafficking reparation order”.

Criminal Justice Act 2003 (c. 44)

17 In section 151(5) of the Criminal Justice Act 2003 (orders for persistent offenders previously fined) after “2013” insert “or a slavery and trafficking reparation order under section8 of the Modern Slavery Act 2014”.

18 (1) Section 161A of the Criminal Justice Act 2003 (court’s duty to order payment of surcharge) is amended as follows.

(2) In subsection (3)—

(a) in paragraph (a) for the words from “a” to “both)” substitute “one or more of a compensation order, an unlawful profit order and a slavery and trafficking reparation order”;

(b) in paragraph (b) for the words from “and appropriate compensation” to the end substitute “and appropriate amounts under such of those orders as it would be appropriate to make”.

(3) In subsection (5) for “this section” substitute “this section —

“slavery and trafficking reparation order” means an order under section8 of the Modern Slavery Act 2014, and”.

Health and Social Care (Community Health and Standards) Act 2003 (c. 43)

19 In paragraph 1 of Schedule 10 to the Health and Social Care (Community Health and Standards) Act 2003 (recovery of NHS charges: exempted payments)—

(a) omit “or” at the end of sub-paragraph (b);

(b) at the end of sub-paragraph (c) insert “or

(d) section 8 of the Modern Slavery Act 2014 (slavery and trafficking reparation orders).”

Prevention of Social Housing Fraud Act 2013 (c. 3)

20 In the Schedule to the Prevention of Social Housing Fraud Act 2013 (amendments), omit paragraphs 2, 5(2)(a) and (3), 9, 26 and 30(2).’—(Karen Bradley.)

Schedule 4, as amended, agreed to.

Clauses 47 and 48 ordered to stand part of the Bill.