Modern Slavery (Transparency in Supply Chains) Bill [HL] — House of Lords, 2016-07-08
Topic: Mixed Topics
John Lawrence Whitty (Labour, Centre-left): My Lords, I strongly support this Bill and congratulate the noble Baroness on introducing it. As we know, modern slavery takes a number of forms: forced labour and domestic servitude; indentured labour; and sexual exploitation. The reality is that victims come in all walks of life and all sectors We were all taught at school that William Wilberforce abolished slavery but here in 2016, more than a century and a half later, we are still faced with products and services that come to us through our shops and daily lives which have in part been produced by what we now call modern slavery. The growing reliance on the internet and social media means that we should know what is happening all over the world, but still in the clothes shops and fashions, in the food we eat and even in our medical supplies there is a component that has been produced by what is, to call it by its proper name, slave labour and equivalent labour practices The Modern Slavery Act of last year was indeed a major step forward. I am sorry I could not play a more effective part in that Bill but I strongly supported it. It was a beacon of light shining on to a dark place. In many ways it put the UK at the forefront of nations attempting to deal with this problem. However, the commitments reflected in that Act need enforcement in the commercial sector and across the world if they are to be fully effective. While there is now a relatively high level of public consciousness, it is certainly not sufficient to rely on well-motivated consumers or the important consumer-led bodies and other organisations, some of which the noble Baroness referred to as supporters of this Bill, to enforce it. We have consumer organisations such as the Fairtrade Foundation and trade organisations such as the Ethical Trading Initiative. These are vital to public consciousness and have been vital in getting us this far—particularly in Britain and, with equivalent organisations, in Scandinavia. However, they need to be backed up by effective enforcement Enforcement comes in two forms: a legislative and direct regulatory form and an economic form through pressure on the supply chain from the most powerful point in the supply chain, which is usually the final commercial or governmental user. I will say a few words about regulatory enforcement in a moment but this Bill deals primarily with economic enforcement through the supply chain. That is why the original Section 54 of the Act required major commercial organisations of all kinds to report on the steps they have taken to try to ensure that their supply chains are as free as possible from dependence on any form of modern slavery. That could be slavery, trafficking or forced labour which occurred in this country. Frequently we forget that, but there have been some horrific cases in our courts and reports of what is happening in this very city and in the fields of our farming areas. The Act also covers abuse throughout the world Our supermarkets and clothes shops—Tesco and Primark as well as the more obviously ethical stores such as Waitrose and Marks & Spencer—now have an obligation to check their supply chains. That does not rely on outside pressure but is, as a result of the 2015 Act, a legal requirement on the retailer or final provider themselves. I am not claiming in any way, any more than the noble Baroness did, that this is fully effective. There are still many clothes in our shops and much food in our supermarkets that we have probably all bought even in the last week that is tainted by these practices. This Bill will further strengthen that requirement so that such companies are listed, their performance much more accessible and the requirement is more widely known At least there is already a clear obligation on such retailers and final providers, and campaigners and consumers can therefore hold them to account. However, it was a peculiarly strange omission from the original Act that an equivalent obligation and similar assurance do not apply when we use our GP or go to a hospital, attend university or schools, benefit from the protection of our Armed Forces or the police force, or when we walk by construction sites contracted by the Government. Yet all these contractors and procurers are in the very same markets most prone to abuse down the supply chain—the supply of mass apparel, food, furniture and construction. Indeed, during the passage of the Bill, the noble Baroness was assured by the Minister that public contracts would be dealt with in a different way. However, to my mind that has not been forthcoming Evidence for the need to include public procurement and contracting authorities in the requirement to vet their procedures comes from many sources. The need for public procurement to exclude from its supply chain organisations that have been clearly convicted of modern slavery and labour abuse is not even there. I particularly refer to evidence that came to me only yesterday from the British Medical Association. Other noble Lords may have seen that. I appreciate that the BMA is not necessarily the Government’s favourite organisation at this point but nevertheless it is a well-researched and effective report. It shows that in one quite large but obscure area—the procurement of surgical gloves—there are examples of severe labour abuses amounting effectively to forced and indentured labour, particularly in south-east Asia That BMA report on the working conditions surrounding the primary sector of the latex glove industry focused predominantly on Sri Lanka, Thailand and Malaysia. It is a damning insight into the living and working conditions of factory workers in those countries, with cases of severe exposure to safety hazards and retention of passports by the company so that people could in effect leave neither the company nor the country—it is mainly migrant workers who are employed. There is a long excerpt in the report from the examination of the situation in Sri Lanka, where the EPZ regions are designated by the Sri Lanka Government for special labour conditions. They are excluded from any of the labour standards that would apply in terms of ILO commitments in other regions of the country In terms of our procurement here in the UK, this area should already have been covered. NHS procurement rules and guidelines have, since 2009, been included in the code of conduct, which also includes a labour standards assurance scheme. However, it was due really only to BMA pressure that in December last year that assessment was applied to this trade in latex gloves. If that is one example, there must be myriad more examples in other areas of procurement by not only the NHS but also the major government contracting organisations both at local and national level. They really need to be included in the noble Baroness’s Bill, putting them on a par with commercial organisations Will the Minister put on record aspects of the other way in which we strengthen enforcement in this country—direct regulation? A Statement in June related to the extension of the role of the Gangmasters Licensing Authority, together with a changed name for that body. I have an interest in that field, having brought the GLA legislation through this House many years ago, but at that time—and since—its remit was limited. It has been made more limited by subsequent Governments. Both the coalition Government and this Government resisted extending the GLA remit from agriculture, fisheries and first-line food processing to other areas such as construction and catering where modern slavery practices are known to occur. The turnaround in extending the remit of the GLA is welcome and important but needs to be backed by resources and effective enforcement. In replying on the economic pressures on the supply chain, will the Minister also refer to what parallel steps are being taken by the Government on the GLA and by the Independent Anti-slavery Commissioner? What resources are being given to them? How will that more effectively close down some of the appalling practices of which we are all now aware? If the Minister is not in a position to do so today, will he please write to me and other noble Lords? Meanwhile, I strongly support the Bill.