Modern Slavery Act Emerging best practice. Tuesday 6 December

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Janis Stone
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1 Modern Slavery Act Emerging best practice Tuesday 6 December

2 Kevin Hyland OBE, Independent Anti-Slavery Commissioner

3 An Insight into the Modern Slavery Act 2015 James Ewins QC, barrister, Queen Elizabeth Building

4 International Justice Mission

5 The Centre for Social Justice Report

6 The Centre for Social Justice Research Project It Happens here: Equipping the United Kingdom to fight modern slavery Lifting the lid on modern slavery in the UK in the 21 st century Providing evidence from individual victims Making clear recommendation for change

7 A Modern Slavery Act? To consolidate human trafficking and slavery legislation To create a statutory defence for victims To create a statutory duty to identify victims To create the role of an Anti-Slavery Commissioner To enact transparency in the supply chain rules

8 Criminal Provisions Consolidate and/or improve? Penalties and sentencing Confiscation of assets Reparation orders Forfeiture Prevention and risk orders Maritime enforcement

9 Anti-Slavery Commissioner To fill the leadership void To encourage good practice To bring about collaboration between NGOs To encourage engagement and the sharing of information To provide independent monitoring and reporting To focus funding on top source countries

10 Protection of Victims A statutory defence Provision of legal aid for victims Child trafficking advocates Identification and support Duty to notify the Home Office Overseas Domestic Workers

11 Transparency in Supply Chains A mandatory requirement or a voluntary code? An obligation to report and publish but only guidance on the content Where will it lead? Transparency is the key

12 What now dynamic and reactive! The statutory response to modern slavery cannot stand still Overseas Domestic Workers Gangmasters and Labour Abuse Authority Review of criminal provisions Extra-territorial jurisdiction Mandatory procurement requirement linked to TISC reporting?

13 Modern Slavery Act 2015 Jo En Low, senior associate, Clifford Chance LLP

14 PART A - Businesses

15 Modern Slavery Act 2015 Businesses that approach us are seeking to respond not only to the Reporting Requirement but to the spirit underlying the Reporting Requirement. So the key question asked by such businesses is how do they go about this? The main areas considered by businesses are as follows: Exterritorial aspect of the Reporting Requirement Business and supply chain Due diligence, identifying, assessing and managing risk What does the Act say on each of these? What about the UK Government Guidance on the Act? The UN Guiding Principles on Business and Human Rights and related instruments

16 PART B LAWYERS AND LAW FIRMS

17 Modern Slavery Act 2015 Lawyers as advisers The interaction between the Act, the Guidance, the UNGPs and instruments such as the UNGP Reporting Framework, as well as legal analysis Law firms as commercial organisations Adopting an appropriate response in a low risk industry which may operate in high risk jurisdictions or have suppliers in high risk sectors. Lawyers as suppliers Responding to requests from our clients regarding our modern slavery or human rights policies Client relationships

18 Section 54 Modern Slavery Act Compliance The story so far. Ron Reid, consultant, Shoosmiths LLP

19 Section 54 Compliance Estimated 12,000 organisations need to publish a statement. To date some 1,090 published All published to date available in central registry published by Business & Human Rights Resource Centre - Research by Ergon Associates show many non compliant either not signed by director of approved by board

20 Section 54 Compliance The Good Buy in from the top, approved suppliers and codes of conduct. Statements that are transparent about steps taken The Bad - Compliance passed down line, no ownership, a chore for someone in procurement or HR? The Ugly Cut and paste statement or Tick box approach Solution to use templates as a servant not a master

21 Section 54 Compliance Effect on small and medium businesses. Amendment of contract terms can be onerous Where next? EU directive Wider Human Rights? Injunctions will they happen? Name and Shame NGO Sector League Tables

22 Modern Slavery Act Emerging best practice Tuesday 6 December

P a n e l 3 P r i v a t e s e c t o r i n i t i a t i v e s a n d p r a c t i c e s a d d r e s s i n g T H B

P r e s e n t a t i o n b y T h e C o n s u m e r G o o d s F o r u m P a n e l 3 P r i v a t e s e c t o r i n i t i a t i v e s a n d p r a c t i c e s a d d r e s s i n g T H B 2 S U S T A I N A B I