Frank Field MP, Baroness Elizabeth Butler-Sloss and Maria Miller MP have recently completed a review of the operation and effectiveness of the Modern Slavery Act 2015 (the Act) and to recommend improvements commissioned by the Home Office. With the full report yet to be published, we take a look at the effectiveness of The Act.

If a recent independent review of the Modern Slavery Act is anything to go by, the answer would be not very close at all. Today, it is believed that there are still over 21 million slaves in the world, with around 10,000 in the UK alone (although this number is believed to be much higher. This includes sex trafficking victims, child workers and sweatshop employees. In many countries where slavery is prevalent, it is difficult for law enforcement to stop such crime. It is therefore important that companies step up and are more proactive in their efforts to stop this horrible and inhumane crime.

Is the Modern Slavery Act helping to solve the problem?

With the UK government increasing its efforts through increased spend and more resources going towards arresting and prosecuting offenders annually, it’s clear that The Act has played an important role in reducing the number of modern slaves in the UK. The government spent around £39 million in 2017/18 and £61 million in 2018/19 on modern slavery and in 2017, the total number of arrests for modern slavery offences was 131, almost twice the number from the previous period. That number is expected to rise in the 2018/19 period, with members of a gang thought to have around 400 victims recently sentenced to jail.

The Global Slavery Index estimates that on any given day, there are 15,000 people living in conditions of modern slavery in Australia – a shocking number in a modern, developed country like Australia.

Following consultations with the business community, the Australian Modern Slavery Act 2018 went into effect on 1 January 2019. This comes four years after the British implemented their own Modern Slavery Act. The Act complements Australia’s existing criminal justice response to modern slavery, which includes specialist police investigative teams, a dedicated victim support program and a National Action Plan on Human Trafficking and Slavery.

Last week, the Crown Prosecution Service published its first report into Modern day slavery following the introduction of the Modern Slavery Act in 2015. The report showed that there was a 27% increase in the number of suspects charged with slavery offences in 2017/18 compared with the previous year. Referrals of modern slavery allegations have also risen to their highest level and the number of prosecutions is on the increase too.

Awareness increasing

These are all positive signs that the Modern Slavery Act which was introduced in 2015 is beginning to have an effect on ending the scourge of people trafficking, domestic servitude and prostitution. However, a BBC programme, The Prosecutors: Modern Day Slavery, highlighted the ongoing difficulty of actually bringing the perpetrators of these crimes to justice. One of the reasons is the method of spotting and reporting incidents of slavery.

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2017 marks the first year that all companies (with revenues of at least £36m) must provide a Modern Slavery Act disclosure. Many companies are now preparing their second statement and are seeking guidance on how to amend their statement and how to address ongoing training requirements.

Useful resources

• Modern Slavery Statement template – are you aware of what needs to be included in a modern slavery statement? Learn about the requirements and download a free template
• Modern Slavery Statement Registry – with over 3,300 statements, this registry allows you to explore what other companies in your sector are doing to eradicate slavery and how they are drafting their statements
• Business and Human Right Resource Centre – latest news from around the world on forced labour and modern slavery
• Modern Slavery Training Suite – a suite of online training courses ranging from a five-minute overview to in depth training for procurement
• Modern Slavery Act 2015 – the full text
• Home Office Updates – from time to time the Home Office revises guidance

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Action against modern slavery is ramping up. In just the month of May 2017, the Modern Slavery Helpline dealt with nearly 200 potential victims in the UK. In the first five months of this year, 1,179 potential victims of modern slavery were identified.

Yet this number is a drop in the ocean compared to the tens of thousands of men, women and children being held as slaves right now in the UK. The Modern Slavery Act 2015 not only brought in tougher laws and sanctions against slavery, but encourages businesses to ensure they are not participating in labour abuse in their supply chains.

The Modern Slavery Act – Section 54

Section 54 of the Modern Slavery Act mandates companies with an annual turnover greater than £36m publish an annual slavery and human trafficking statement. Companies with a financial year-end date of 31st December were required to produce and publish their statement by 30th June. Many still haven’t.
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The Modern Slavery Act 2015 has now been in force for over 18 months. The Act means large organisations must pay closer attention to the practices of their suppliers. This includes carrying out audits of their suppliers, investigating the physical conditions of the workforce and being on the look out for instances of child labour. Further, the Act dictates that organisations with a turnover of over £36 million are required to produce a slavery and human trafficking statement.

Huge fines and potentially prison if you breach modern slavery laws

A number of large companies have recently been exposed for having modern slavery in their supply chain. For example, major phone companies Samsung and Apple have faced claims by human rights organisation Amnesty of modern slavery. The claims relate mainly to cobalt mining in the Democratic Republic of the Congo, which is used in devices such as mobile phones and tablets.
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