Coroners and Justice Bill

My Lords, at Report stage I accepted in principle the case made powerfully by the noble Baroness, Lady Young of Hornsey, and others that there should be a bespoke criminal offence to tackle modern-day slavery and forced labour. Further points have been made to the Minister and me in correspondence, to which I intend to speak at some length. These government amendments, and in particular the new clause to be inserted by Amendment 15, will create a new offence of holding another person in slavery or servitude or requiring them to perform forced or compulsory labour. The offence will be anchored in Article 4 of the European Convention on Human Rights. The terms "holds another person in slavery or servitude" and "requires another person to perform forced or compulsory labour" would be defined in accordance with the prohibitions in Article 4, including the exceptions that that article contains. This follows the precedent set by the offence of trafficking people for exploitation in Section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, which includes behaviour contrary to Article 4 as one form of prohibited exploitation. We believe that this meets the need that has been identified and provides a consistent and coherent approach. There are exceptions under Article 4 which will also automatically be exceptions in the offence. Work done in the course of lawful detention or military service covering emergencies or life-threatening situations and work or service which forms part of normal civic obligations will be exempt. The new offence will attract a maximum penalty of 14 years’ imprisonment to reflect its seriousness. The behaviour that the new offence prohibits is holding another person in slavery or servitude or requiring another person to perform forced or compulsory labour where the offender either knew or ought to have known that the person was being held or required to perform labour in such circumstances. Broadly speaking, the offence will require proof of a relationship of coercion between the defendant and the worker, and the circumstances will need to be such that the defendant knew that the arrangement was oppressive and not truly voluntary or had deliberately turned a blind eye to that fact. Precisely what constitutes slavery, servitude and forced or compulsory labour will be determined by the courts using existing case law on Article 4 of the European Convention on Human Rights and Section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 as it develops. In the vast majority of cases, we do not anticipate any difficulty for the courts in deciding whether the behaviour that they are asked to consider amounts to prohibitive behaviour under the new offence. In addition, we anticipate that sentencing guidelines will include a range of factors which will provide an indication of the relative seriousness of the prohibited behaviour. We would expect these to draw on the types of indicators in the International Labour Organisation’s conventions. The CPS routinely issues legal guidance on offences to prosecutors which is freely available on the internet. It already publishes guidance on the trafficking-for-exploitation offence in Section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004. One of the ways in which that offence can be committed is where the purpose of the trafficking is exploitation, contrary to Article 4. The guidance refers prosecutors to the case of Siliadin v France, July 2005, stating: ""The evidence showed the applicant, an alien who arrived in France at the age of sixteen, had worked for several years for the respondents carrying out household tasks and looking after their three, and subsequently four, children for seven days a week, from 7 am to 10 pm, without receiving any remuneration. She was obliged to follow instructions regarding her working hours and the work to be done, and was not free to come and go as she pleased. The Court unanimously held that there has been a violation of Article 4 of the Convention"." We anticipate that separate guidance will be issued in relation to the new offence, drawing on the same case law. We also expect that the police will arrange appropriate training for officers. We will work with stakeholders, the public and employers among them, to raise awareness of the new offence. The noble Baroness asked when the offences will come into force. We intend that it should be as soon as practicable, but we need time to make the necessary arrangements for training and raising awareness. I cannot realistically promise that the offence will be in force in six months’ time, but I hope that it will. There is much to be done in the interim, and a range of organisations will need to be involved. I assure the noble Baroness that we will do our best; we will not be dragging our heels. I beg to move.