Modern Slavery Bill 'lacks clarity and will prevent effective law enforcement'

The Law Society has warned the Modern Slavery Bill Public Committee that the proposed legislation lacks adequate safeguarding of survivors of slavery and trafficking.

The Modern Slavery Bill is intended to consolidate the current offences relating to trafficking and slavery. The main objectives are to create two new civil orders to prevent modern slavery, establish an Anti-Slavery Commissioner, and make provisions for the protection of modern slavery.

If passed, the Bill will be the first of its kind in Europe, and one of the first attempts globally to specifically address the ongoing issue of slavery and trafficking in the 21st century.

Although the Law Society supports the Bill in principle it has raised concerns over a number of issues within the proposals.

Among the Society's concerns is the need for the legislation to protect children, a lack of clarity, precision and simplicity of offences listed in the Bill, and concerns that some criminal activity will either not be caught by the provisions of the Bill, and that the hurdles required to overcome in mounting a prosecution will prevent effective law enforcement.

There are also fears that the offence clauses in the Bill are overly complex and do not reflect international definitions of trafficking and forced labour.

Furthermore, the Society warns that 'slave masters' and traffickers will be able to use the 'double criminality' requirement (that the offence being investigated by the requiring country is also an offence in the receiving country) to avoid a successful prosecution.

Finally, the Society warns that the newly proposed Anti-slavery Commissioner will not be effective without being independent from the office of Home Secretary.

President of the Law Society, Andrew Caplen, said: "The Law Society applauds the government in taking seriously the ongoing problem of modern slavery, and their plans to address the issue, but has reservations about the effectiveness of the proposals.

"The rule of law and the protection of human rights underpins the work of the legal profession, and of the Society. With the British government leading the way on modern slavery legislation it is of paramount importance that the Bill safeguards victims effectively and sets an example in this field."