In July 2018, the UK government commissioned Frank Field MP, Maria Miller MP and Baroness Butler-Sloss (the former president of the Family Division of the High Court) to undertake an independent review of the Modern Slavery Act 2015; their final report and recommendations were published in May 2019.
The report makes clear that the Modern Slavery Act has not achieved its intended effect of ensuring that there is no slavery or human trafficking in UK businesses or their supply-chains. It asserts that it is ‘time for the Government to take tougher action’ and must act ‘quickly and effectively’ to ensure thousands of victims of modern slavery in the UK are protected.
In response to the review, on July 9th 2019, the government announced; ‘The UK government has committed to strengthening section 54 (transparency in supply chains requirements) of the Modern Slavery Act. We are gathering views on proposed measures intended to increase transparency and compliance, improve reporting quality and extend the scope of the legislation.’
It seems clear that new legislation will soon be enacted which will place additional pressures on businesses operating in the UK. Compliance training will be essential if firms are to understand their obligations with regard to the Modern Slavery Act.
In 2015, Home Secretary Amber Rudd introduced the new legislation: ‘Modern slavery is a heinous crime and tackling it is a top priority for this Government and for me personally as Home Secretary…But my message is clear. Businesses must not be knowingly or unknowingly complicit in this horrendous and sickening crime.’
Section 54 of the Modern Slavery Act 2015 places obligations on UK businesses with a turnover of £36 million or more to ensure that their businesses, and their supply chains, are free from modern slavery. They must also include a “modern slavery statement” in their annual report; a link to the statement has to be included on their business website. The statement must set out any steps they have taken during the financial year to ensure that modern slavery is not occurring in their supply chains and in their own organisation.
A guide to the Act can be found here.
The modern slavery statement must be “written in simple language that is easily understood” and include all the steps, if any, that the business has taken. It could include:
The review was positive about the intent of the modern slavery law, describing it as “an innovative piece of legislation that has influenced parliaments across the world”. However, it said that the section targeting businesses has had limited impact because of a lack of enforcement or consequences; there are no direct penalties for not complying with the law, and although businesses are required to produce statements, these can simply state that they have taken no steps to address modern slavery in their supply chains. ‘While [the Modern Slavery Act] has contributed to greater awareness of modern slavery in companies’ supply chains, a number of companies are approaching their obligations as a mere tick-box exercise, and it is estimated around 40 per cent of eligible companies are not complying with the legislation at all.’
‘Stakeholders were clear that the lack of clarity, guidance, monitoring and enforcement in modern slavery statements needed to be addressed to increase compliance and quality. We agree and recommend that companies should not be able to state they have taken no steps to address modern slavery in their supply chains, as the legislation currently permits, and that the six areas of reporting currently recommended in guidance should be made mandatory. We also recommend that Government should set up a central repository for statements; that the Independent Anti-Slavery Commissioner should monitor transparency; sanctions for non-compliance should be strengthened; and that Government should bring forward proposals for an enforcement body to enforce sanctions against non-compliant companies.’
The final report’s recommendations concerning the Section 54 disclosure/transparency requirements can be found in full on pages 39-47 of the report.
In its response to the review, the government announced a public consultation on proposed changes to the Modern Slavery Act 2015, specifically with regard to transparency in supply chains. This consultation closes at midday on 17 September 2019.
Responses to the consultation are invited at: https://www.homeofficesurveys.homeoffice.gov.uk/s/06W8A
Meanwhile, in anticipation of imminent measures to strengthen the legislation, businesses need to take stock and ensure that they have solid and defensible modern slavery practices in place. The two starting points here are to have in place a modern slavery policy and to undertake compliance training.
(from Gold S, Trautrims A, Trodd Z. (2015) Modern slavery challenges to supply chain management. Supply Chain Management: An International Journal, 20(5): 485-494.(DOI: 10.1108/SCM-02-2015-0046)
It is advisable that supply chain managers, auditing teams, and certification bodies take an especially careful approach if one or more of these conditions apply: