Modern Slavery: an update from the UK government
Background
The Modern Slavery Act 2015 ("MSA") became law in March 2015. Among other provisions, the MSA states that companies which supply goods or services and have a total annual turnover of not less than £36m must produce a 'slavery and human trafficking' statement for each financial year. The statement must set out the steps the company has taken to make sure such prohibited practices are not present in their business and supply chains. However, ever since it came into force, shortcomings of the MSA have been regularly identified¹ and there has been a growing chorus of demands for it to be reviewed and its problems rectified.
Latest
Whilst no active steps have been taken thus far by the UK government to amend the MSA, the UK government recently published the 2019 UK Annual Report on Modern Slavery. The report provides data on how the UK is responding to the challenge of modern slavery as well as information on the processes it has adopted in meeting this challenge. Data highlights include:
- 5,059 offences of modern slavery were recorded in 2018. This was a 49% increase from the 3,393 recorded offences in 2017.
- 377 slavery and trafficking offences, under the MSA, were prosecuted in the magistrates' court in 2018. This was down from the 444 such offences prosecuted in 2017.
- The value of asset recovery offences associated with modern slavery over the period 2018/19 was £4,656,179.69, which was down from the 2017/18 total of £7,966,458.80.
The concluding chapter of the report focusses on the UK's future response to modern slavery. The government confirms that it intends to respond to the consultation on potential legislative changes to the transparency requirement in the MSA by developing a central reporting service for statements.
Next steps
Despite a couple of private members bills failing to progress through parliament², it is not inconceivable that further amendments to the MSA will take effect in the near future (possibly through alternative subsequent legislation). The current stall in progress is likely symptomatic of a wider problem affecting the passing of much legislation – the UK government’s preoccupation with Brexit. Companies therefore should be prepared for further obligations to be imposed on them in relation to modern slavery. It is increasingly important that all companies are aware of the risks of modern slavery and confident that they have carried out effective due diligence when engaging with third party suppliers. No company should ignore the existence or possibility of slavery within its business structure.
¹See, for example, the House of Commons and House of Lords Joint Committee on Human Rights report on ‘Human Rights and Business 2017: promoting responsibility and ensuring accountability’ (published 5 April 2017)
²See, for example, the Modern Slavery (Victim Support) Bill and the Modern Slavery (Transparency in Supply Chains) Bill.
For more information please contact Freddie Law on +44 (0)20 7427 6522 or at freddie.law@crsblaw.com.
Our thinking
Rose Carey
Is the UK open for business? A discussion with the Home Office
We hosted an immigration webinar with the policymakers from the Home Office.
Louise Ward
Louise Ward writes for EG on what UK investors can gain from an overseas life sciences partner
What UK investors can gain from an overseas life sciences partner
Sonia Kenawy
Sonia Kenawy writes for New Law Journal on cryptocurrency and security for costs
Sonia Kenawy writes for New Law Journal on cryptocurrency and security for costs
David Haines
New Arbitration Scheme for Commercial Arrears goes live
Everything you need to know about the new Arbitration Scheme for Commercial Arrears
Charlotte Healy
Charlotte Healy and Katie Bewick write for Pharmacy Business on expert determination
Charlotte Healy and Katie Bewick write for Pharmacy Business on expert determination
Pei Li Kew
Pei Li Kew writes for Pharmacy Business on the link between pharmacy and IP
Pei Li Kew writes for Pharmacy Business on the link between pharmacy and IP
Charlotte Duly
Charlotte Duly writes for CITMA Review on the China Tang trade mark infringement case
Charlotte Duly writes for CITMA Review on the China Tang trade mark infringement case
Mark Howard
Charles Russell Speechlys advises Acora on its acquisition of Secrutiny
Charles Russell Speechlys advises Acora on its acquisition of Secrutiny
Oliver Park
Building Safety Act 2022
Everything you need to know about the Building Safety Act 2022
Jonathan McDonald
Jonathan McDonald provides comment for City AM on the Data Reform Bill announced in the Queen's Speech
Jonathan McDonald provides comment for City AM on the Data Reform Bill announced in the Queen's Speech
Claire Fallows
CoStar quotes Claire Fallows on the new infrastructure levy announced in the Queen's Speech
CoStar quotes Claire Fallows on the new infrastructure levy announced in the Queen's Speech
Nick White
Charles Russell Speechlys advises Symphony Holdings Limited on the sale of its PONY trade mark portfolio for USD $28 million
Charles Russell Speechlys advises Symphony Holdings Limited on the sale of its PONY trade mark portfolio for USD $28 million.
Hope Wilson
Hope Wilson writes for the EG Legal Q&A on qualifying criteria
Hope Wilson writes for the EG Legal Q&A on qualifying criteria
Simon Ridpath
Simon Ridpath featured in the Lawyer’s Hot 100 list
Simon Ridpath features in The Lawyer’s Hot 100 list
Mark Howard
Charles Russell Speechlys advises Europa Oil & Gas (Holdings) plc on its £7m equity fundraising
Europa Oil and Gas is a renewable energy, oil and gas development and production company.
Emma Humphreys
Property Patter: what’s been happening in the world of Essential Residential?
We discuss recent cases of interest to those dealing with residential property.
Natalie Batra
Patents and Peppa Pig: What is happening to intellectual property rights in Russia?
Certain Russian individuals and businesses can now use patents, utility models and industrial designs without obtaining prior permission.
David Savage
David Savage writes for PBC Today on the end of rebated fuel
David Savage writes for PBC Today on the end of rebated fuel
Simon Green
International Bar Association quote Simon Green on the future of the legal sector in Hong Kong
International Bar Association quote Simon Green on the future of Hong Kong's legal sector
Charlotte Duly
Charlotte Duly quoted in Retail Gazette on House of Zana trademark dispute
Charlotte Duly quoted in Retail Gazette on House of Zana trademark dispute