15 November 2024
On the 16th October 2024, the House of Lords Select Committee on the Modern Slavery Act 2015 published a report of their findings of the enquiry. The key focus of the enquiry was the National Referral Mechanism, the impact of immigration legislation, the care sector, enforcement of the Modern Slavery Act, supply chains, and the independent anti-slavery commissioner.
Our managing director Philippa Southwell provided written evidence for the enquiry.
See below the “Summary of Conclusions and Recommendations” from the report:
Impact of Immigration Legislation
1. We have not received evidence of widespread abuse of the modern slavery system. Case studies may be emotive, and we do not underestimate or devalue their power, but they are not a panacea for data covering a whole population. It is important that comprehensive data is used when making changes as significant as those to recent immigration legislation, since otherwise the actions of a minority may have a disproportionate effect on all victims. (Paragraph 38)
2. We have received evidence from authoritative sources, including well regarded academics and the Independent Anti-Slavery Commissioner, expressing concern about changes in rhetoric from the previous Government about the relationship between immigration and modern slavery. Although the two areas can interact, they are different strands of a complex picture, and neglecting this fact can have negative impacts on victims in vulnerable situations. The current Government’s announcement that it will not continue the Rwanda scheme may offer an opportunity to take a new direction by clearly separating immigration and modern slavery. (Paragraph
3. The Government should develop a sound evidence base to inform policy in this complex area. Data should be sought as to whether and, if so, in what respects and by whom the modern slavery system is being abused. That data should be kept up to date, and it should be published. Allegations of significant abuse of the system should never be made unless they can be backed up with hard data. (Paragraph 40)
4. It should be recognised that there is a very real difference between migrants who come here willingly, and those who come because they are being trafficked as victims of modern slavery. This should lie at the heart of Government policy and of any future legislation about illegal migration. The adverse impact that immigration legislation may have on the identification and protection of victims needs to be carefully assessed and monitored. (Paragraph 41)
5. The public order disqualification has sometimes resulted in difficulties for victims such as in giving evidence from overseas without legal support. The update to the statutory guidance in January 2024 improved this by ensuring better engagement with frontline organisations. However, it does not go far enough in addressing the modern slavery risk faced by victims. The requirement for objective evidence to make a reasonable grounds decision has deprived many of support they would previously have been entitled to and has further increased delays in the system even when decisions are positive. The requirement for individuals to provide evidence “before a specified date” is likely to exclude many from the support they need. It does not adequately consider the impact of trauma on modern slavery victims and the time it takes to recover from this. (Paragraph 50)
6. The Government should consider amending the guidance in section 14.276 of its modern slavery guidance so that it improves the protection that is given to victims from removal. It should be extended to whether there is “any risk” that the individual will be re-trafficked in or from the UK, rather than whether there is “a real and immediate risk” of this happening.” (Paragraph 51)
7. The Government should remove the requirement for objective evidence for a reasonable grounds decision within the National Referral Mechanism. (Paragraph 52)
8. The Government should remove the requirement for evidence to be provided “before a specified date,” as per section 58(2) of the Nationality and Borders Act. The Government’s statutory guidance acknowledges that victims often need time before they feel comfortable speaking to the authorities. (Paragraph 53)
9. The modern slavery sections of the Illegal Migration Act are likely to have a damaging effect on the wellbeing of victims. Victims may become unwilling to engage with the authorities. This could remove the support they receive from frontline organisations, increase the likelihood that they are re-trafficked, and limit the evidence they can provide for prosecutions. (Paragraph 59)
10. The Government should remove the provision excluding from protection anyone who “is not a British citizen,” as per section 29(4)(a) of the Illegal Migration Act, or “is liable to deportation,” as per section 29(4)(b)(b) of the Illegal Migration Act. (Paragraph 60)
11. The modern slavery sections of the Illegal Migration Act should not be commenced because they could cause a reduction in the number of modern slavery prosecutions and because insufficient evidence has been received concerning the operation of the measures in the Nationality and Borders Act on which the Illegal Migration Act relies. (Paragraph 61)
12. We have heard arguments that if the Rwanda Act is brought into force it may afford traffickers greater control over victims, both before and after deportation to Rwanda. Individuals awaiting a reasonable grounds decision may be particularly vulnerable since they will not be treated as victims. (Paragraph 64)
13. If the Rwanda Act comes into force, the Government should address in its report under section 6 a section devoted specifically to the Act’s impact on victims, including the psychological effect on those fearing deportation and the risk of re-trafficking, particularly for individuals transferred while awaiting a reasonable grounds decision. (Paragraph 65)
14. There is a risk that immigration law enforcement will be prioritised at the expense of ensuring the welfare of survivors and listening to their perspective on policy development. The aim should be to give them the support they need to recover from their experiences, and to avoid disincentivising them from entering the National Referral Mechanism. (Paragraph 69)
15. The Government should prioritise the safeguarding of victims over their immigration status and communicate changes in good time to victims and frontline organisations, including when there are delays in the National Referral Mechanism. (Paragraph 70)
16. The Government should provide rights to modern slavery victims including temporary immigration status, recourse to public funds, and access to work, providing a route to permanent settlement in the UK. (Paragraph 71)
17. Modern slavery policy must align with the UK’s commitments under international law. The compliance of the previous government’s immigration legislation with international law, including agreements on modern slavery and human trafficking to which the UK is a signatory, has been contested. (Paragraph 73)
18. The new Government should review its policy and procedures to ensure that primary legislation and statutory guidance are positively compliant with its international obligations under the Palermo Protocol and the European Convention on Action against Trafficking in Human Beings. (Paragraph 74)
Care Sector
19. In order for regulatory and enforcement bodies such as the GLAA to tackle the changing picture of modern slavery, adequate resourcing is required. While it is important for taxpayer money to be used efficiently, decreasing the budget makes it difficult for the GLAA to meet the minimum International Labour Organisation standards. (Paragraph 87)
20. In advance of the formation of a Single Enforcement Body, the Government should increase resourcing of the Gangmasters and Labour Abuse Authority inspectorate to meet minimum International Labour Organisation standards and ensure joint working with the CQC. Consideration should be given to how efficiency can be improved, such as through shared communication by regulators and use of artificial intelligence. (Paragraph 88)
21. There are insufficient safeguards on companies seeking to sponsor overseas workers in the care sector. Registration with the CQC is insufficient as it does not mean that companies are being actively inspected for issues such as labour exploitation. Although the CQC is making positive efforts to regulate the care sector with respect to modern slavery, it does not currently have the resources to do so as comprehensively as is required. (Paragraph 94)
22. The Government should require sponsors of workers under the Health and Care Visa scheme to have been inspected by the Care Quality Commission. Before registration, sponsoring organisations must have been in operation for a minimum period of time, must have been inspected, and the CQC should be provided with the resources that it needs to perform this task effectively. (Paragraph 95)
23. While flexibility and sharing information between agencies is important, there are strong arguments that introducing some form of secure reporting pathways would protect exploited workers by allowing them to come forward about abuse without fear of repercussions. (Paragraph 101)
24. The Government should at the least establish and embed within legislation protocols for secure reporting pathways which limit labour market enforcement from sharing migration status with immigration enforcement. (Paragraph 102)
25. The current fragmentation of the UK’s labour market enforcement system makes it difficult for the continuum of exploitation to be addressed before cases of modern slavery develop. The lack of an even approach across sectors makes it difficult to address the patterns of modern slavery when they arise, as shown by the recent increase in exploitation in the care sector. (Paragraph 109)
26. The Government should establish an arms-length Single Enforcement Body to ensure stronger compliance with relevant labour rights and standards. As a minimum, the Single Enforcement Body should act as a single point of contact for labour exploitation across all sectors. (Paragraph 110)
27. The Government should designate a lead, sponsoring department for the Single Enforcement Body where enforcement action crosses departmental boundaries. (Paragraph 111)
28. The Government should design the Single Enforcement Body from the perspective of workers and victims, ensuring a helpline acts as a single point of contact. (Paragraph 112)
29. The Government should ensure that the Single Enforcement Body has adequate capacity, resourcing, and powers to carry out inspections proactively, promote compliance and sanction non-compliance. It must be independent. (Paragraph 113)
30. The Single Enforcement Body’s enforcement powers should be clearly defined, to avoid the risk of overlap and confusion with the existing regulatory and enforcement bodies and to provide a system of enforcement that can operate effectively across all the sectors of the labour market. (Paragraph 114)
31. The current approach to introducing new visa schemes such as the Health and Care visa leaves migrants on these schemes vulnerable to exploitation. (Paragraph 119)
32. The Government should provide rights to workers on visa schemes including the right to change employers, renew visas, and apply for transitional work permits. (Paragraph 120)
33. It is important to empower workers with information in order to combat all forms of exploitation, including modern slavery. (Paragraph 122)
34. The Government should produce packs informing workers of their rights and communicate these directly to workers, for example via trade unions, who have offered to run workshops to do this. It should make it clear that employers have no right to take these packs away from workers. (Paragraph 123)
35. Exploitation in the care sector is made easier by the lack of TISC requirements on the majority of care providers, which leaves a large regulatory gap. (Paragraph 125)
36. The current Government should honour the former Government’s commitment to extend the statutory obligation of section 54 of the Modern Slavery Act to public bodies and ensure that they fulfil their duty of care by investigating their supply chains for evidence of exploitation. (Paragraph 126)
37. The Labour Party manifesto committed to establishing a new Fair Pay Agreement for the adult social care sector. Through this Agreement, the Government should ensure that terms and conditions in social care are improved and that poor employment practices, such as requiring staff to pay for travel, uniforms and training which increase the risk of financial exploitation and under-payment of wages, are removed. (Paragraph 127)
Enforcement of the Modern Slavery Act
38. Slavery and Trafficking Risk Orders and Slavery and Trafficking Prevention Orders are potentially powerful tools in tackling modern slavery which have been underused. There is sometimes insufficient awareness, understanding, training, and guidance relating to them. There is a lack of data, both publicly and operationally, which hinders evaluation of effectiveness and proper implementation of legislation. The effectiveness of Orders would be improved if they could be applied in more circumstances and if there was more thorough monitoring of Orders which are already in place. Such improvements were referenced in the 2022 Queen’s Speech but have not been implemented in legislation. Government activity in this area is welcome but is at an early stage. (Paragraph 137)
39. The Government should introduce legislation which facilitates wider use of Slavery and Trafficking Risk Orders and Slavery and Trafficking Prevention Orders, particularly enabling issue of STROs on acquittal, applications for Orders across the boundaries of different police forces, and electronic monitoring of the conditions and notification requirements. (Paragraph 138)
40. The Government should encourage more applications for Slavery and Trafficking Risk Orders and Slavery and Trafficking Prevention Orders, including by working with the Sentencing Council to ensure that they are considered in all cases. It should resume publication of the number of Orders which have been issued. (Paragraph 139)
41. The non-punishment principle is an important protection for victims of modern slavery which is not invoked enough in practice. The defence is substantially limited by Schedule 4 of the Act, which disapplies it for offences which victims are often compelled to commit during their exploitation. Children are currently disadvantaged compared to other groups by section 45. (Paragraph 147)
42. The Government should collect and publish data on the usage of section 45 of the Modern Slavery Act, particularly the characteristics of defendants raising the defence (such as age, nationality and gender), the type of offence the statutory defence is raised for and the outcomes of the cases where the statutory defence is raised. (Paragraph 148)
43. The Government should review and consider removing the offences in Schedule 4 to extend the protection applied by the non-punishment principle, including to those who have committed modern slavery offences. (Paragraph 149)
44. The Government should review the tests for section 45 made by criminal justice practitioners to improve the consistency of the application of section 45 for children. (Paragraph 150)
45. Gathering the evidence required for successful prosecution of modern slavery offences is known to be challenging but there are established methods of doing it. The victim navigator pilot has been very successful and it is disappointing that the previous government was seemingly not engaged with it given Minister Farris’ lack of awareness of the scheme. Financial investigations have yielded excellent results but require resource to be effective. (Paragraph 158)
46. Victim navigators should be rolled out nationally. The objective must be that they are available in all cases. (Paragraph 159)
47. The Government should provide additional resourcing for financial investigations and ensure that priority is placed on them in law enforcement agencies. (Paragraph 160)
48. The Government should seek to improve its bilateral agreements with Vietnam and Albania, building on its successful arrangements with Romania. It should also seek to negotiate bilateral agreements with additional countries. (Paragraph 161)
49. The Government should amend the recent immigration legislation so that the ability to gather evidence is not limited (see Chapter 2). (Paragraph 162)
50. Good practice and strategic priority towards modern slavery exist in parts of the UK but not in others. Information is not always provided to the organisations which most need them, including across government departments. It is important to balance necessary data sharing with safeguards for data protection. There has been a lack of strategic emphasis on prosecution and prevention from the previous government, partly due to fact that the modern slavery strategy has not been updated since 2014. (Paragraph 169)
51. The Government should improve information and data sharing mechanisms across multiple agencies, including between the police and the NHS, through establishment of a modern slavery data warehouse. In doing so it should consider safeguards and the circumstances where data sharing is appropriate. (Paragraph 170)
52. The Government should prioritise prosecution in its modern slavery strategy with a focus on treating victims as exploited individuals, not immigration offenders. The modern slavery strategy should also give greater attention to prevention, such as through strengthening powers against indirect enablers of modern slavery and targeting organised criminal gangs. (Paragraph 171)
Supply chains
53. Modern slavery statements by companies are inconsistent and the lack of mandated requirements for content makes it difficult for companies to be held accountable for their transparency, even with the voluntary public registry. (Paragraph 187)
54. The inconsistent quality and content of modern slavery statements obfuscates the transparency section 54 was intended to provide. This might be the result of insufficient guidance or engagement with companies, as well as a result of the lack of mandated topics for statements to cover. (Paragraph 188)
55. The Government should make publication of statements on its modern slavery registry mandatory, setting out the required topics for each statement to cover. This should include a description of how the organisation has assessed the effectiveness of its actions. (Paragraph 189)
56. The Government should increase awareness amongst all companies about supply chains and publish standardised and accessible guidance for compliance with section 54. (Paragraph 190)
57. The Government should create a summary dashboard with information including numbers of statements in total, by sector, and from organisations in scope, and examples of good and bad reporting by companies. This dashboard should be published online. (Paragraph 191)
58. There are many options for enforcing the supply chain requirements of the Modern Slavery Act, but the current approach of no enforcement is not one of them. We believe that the most important aspect to consider when deciding an enforcement approach is proportionality. (Paragraph 198)
59. The Government should introduce proportionate sanctions for organisations that do not comply with supply chain requirements. (Paragraph 199)
60. The cross-departmental reality of modern slavery can obfuscate approaches to enforcement, particularly in the case of supply chains where the Department for Business and Trade has a particular responsibility. Efficient working between departments is essential to addressing modern slavery, and while departments have described how they work together, it would be beneficial to set out formally the role of each department in combatting modern slavery. (Paragraph 202)
61. The Government should clarify responsibility for enforcement in its modern slavery strategy, including making it clear how this is divided between departments and ensuring that departments are properly resourced to discharge this responsibility efficiently and effectively. (Paragraph 203)
62. While recent developments in public procurement are positive, a passive approach is insufficient. Companies should be encouraged to be transparent and address modern slavery where it is found, rather than fear debarment if they discover it. Government should lead by example and meet the same standards of responsibility to reduce modern slavery in its supply chains that should be required of private companies. (Paragraph 210)
63. The Government should improve the implementation of its guidelines so that its supply chains compliance is proactive rather than passive. It should be able to demonstrate this through tangible action to reduce modern slavery. (Paragraph 211)
64. Section 54 of the Modern Slavery Act should be extended to all bodies in the public sector with an annual budget equivalent to that of the commercial organisations to which it applies. (Paragraph 215)
65. The contents of the proposed Modern Slavery Bill outlined in the Queen’s Speech in 2022 would constitute a positive improvement on the current picture of supply chain provisions for modern slavery, although they could go further. (Paragraph 218)
66. The previous Government drafted legislation on supply chain reporting. This draft legislation should be strengthened by the current government, and must, as a minimum, require relevant companies and public sector organisations to report and set out meaningful, reasonable steps to both identify risks and tackle modern slavery in their supply chains. Those failing to do so should face proportionate sanctions and, in the interests of transparency, a central register of such statements should be published by government. (Paragraph 219)
67. The Government should introduce legislation requiring companies meeting the threshold to undertake modern slavery due diligence in their supply chains and to take reasonable steps to address problems. We recommend that they consult businesses on potential changes, looking closely at the issues we have raised and giving due consideration to small and medium sized companies’ ability to meet any new requirements. (Paragraph 227)
68. The developments internationally on due diligence indicate that the UK has fallen behind. As many UK companies operate internationally, they will find themselves obligated to meet the due diligence requirements of other nations. (Paragraph 230)
69. The Government should make UK due diligence law compatible with the standards of the international landscape to make compliance easier for companies. (Paragraph 231)
70. While there are a wide number of options for what thresholds should be applied to supply chain legislation, we believe that these thresholds should be consistent across sectors, including the public sector. (Paragraph 233)
71. Any measures introduced for the private sector should apply equally to the public sector. Consideration should be given as to how to implement this principle in detail, such as the appropriate threshold to use for the public sector (see paragraph 215). (Paragraph 234)
72. While import laws could assist in preventing goods made with forced labour from entering the UK, country-specific bans have significant foreign policy implications. However, without any consideration of import laws, the UK risks becoming a dumping ground for tainted products. (Paragraph 238)
73. The Government should consider introducing import laws which ban goods being brought into the UK if they are produced by certain companies known to use forced labour. These import laws should not be targeted at particular countries. (Paragraph 239)
74. The Government should include the issue of modern slavery and forced labour in its trade negotiations. (Paragraph 241)
Independent Anti-Slavery Commissioner
75. It is disappointing that the role of Independent Anti-Slavery Commissioner remained vacant for 18 months without clear explanation. There are possible shortcomings with the independence afforded by the appointment process, particularly the fact that it has previously been conducted by the Home Secretary, as well as restrictions on budgeting and reporting. (Paragraph 248)
76. The Government should require its future candidates for the IASC post to undertake a pre-appointment hearing with the Home Affairs Committee so that there is independent scrutiny of the appointment process. (Paragraph 249)
77. The IASC post role and person specification should continue to require a track record of strategic leadership, a clear vision for the role, and the ability to engage people from across a range of backgrounds and viewpoints. The post-holder should be able to establish a strong public and media profile for modern slavery. (Paragraph 250)
78. It is disappointing that the IASC has experienced practical difficulties in performing her role. These have partly been due to the delay in reappointment and it is reassuring that they are being addressed. The role requires a significant amount of resource to be performed effectively, not only for staff but also for advice from those with lived experience and the commissioning of independent research for example concerning new developments, international comparators, and prevention. (Paragraph 255)
79. The Government should ensure that the IASC’s budget is sufficient for the Commissioner’s responsibilities, in particular given changes in the modern slavery landscape and the need for prevention. The Commissioner should be able to continually monitor international good practice on modern slavery. (Paragraph 256)
80. The IASC office’s engagement with government has generally been positive, although there is a lack of awareness of modern slavery in some departments. There has historically been a limited relationship with business, partly due to this not being clearly articulated. The Department for Business and Trade has been reluctant to take a proactive role in tackling modern slavery despite the importance of its responsibilities concerning forced labour and supply chains. (Paragraph 261)
81. In order to effectively discharge its responsibility for the prevention of modern slavery, the Department for Business and Trade should clarify its relationship with the IASC and define this in the government’s modern slavery strategy. (Paragraph 262)
Other issues
82. The length of our inquiry into the Modern Slavery Act was always likely to be restricted due to the electoral cycle. We express our regret that, within the time available for our inquiry, we have not been able to address all issues relating to the Modern Slavery Act. We hope these other issues will be taken forward by others for further review. We do not diminish their importance. (Paragraph 263)
83. We have heard evidence to suggest that the Government should consider how to improve the operation of the National Referral Mechanism for groups who are currently disadvantaged by it. These include UK nationals, victims of sexual exploitation, children, women, vulnerable adults, those with no recourse to public funds, and those without legal immigration status. (Paragraph 286)
84. The Government should improve the National Referral Mechanism guidance and ensure it is adhered to, including by its own agencies. It should draw on the latest operational experience and clarify how to make good quality referrals so that victims are not disadvantaged by being handled by particular First Responder Organisations.(Paragraph 287)
85. The Government should ensure that First Responder Organisations have adequate capacity. Aside from providing additional resourcing to existing organisations, it should do this by increasing the number of FROs and ensuring that non-informing FROs meet their obligations (Paragraph 288)
86, We have found throughout our inquiry that combatting modern slavery is a difficult but urgent challenge, which is constantly changing. Having listened to victims and survivors, our recommendations are designed to achieve a step change towards that end. The new government now has an opportunity to make the UK, once again, a world-leader in the fight against modern slavery and to make a profound difference to many lives. (Paragraph 290)
