Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Forced Labour Convention, 1930 (No. 29) - United Kingdom of Great Britain and Northern Ireland (Ratification: 1931)
Protocol of 2014 to the Forced Labour Convention, 1930 - United Kingdom of Great Britain and Northern Ireland (Ratification: 2016)

The Committee notes the information provided by the Government in its 2019 report as well as the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee also notes the observations of the Trades Union Congress (TUC), received on 30 August 2019, and the Government’s reply to those observations, received on 12 November 2019. It notes that the TUC sent supplementary information on 1 October 2020.

Recalling that in January 2016 the United Kingdom of Great Britain and Northern Ireland ratified the Protocol of 2014 to the Forced Labour Convention, 1930, the Committee observes that the Government has not provided a detailed report on the application of its provisions. The Committee requests the Government to provide in its next report information on the questions raised below as well as on measures taken to implement each provision of the Protocol.

Articles 1(1), 2(1) and 25 of the Convention. Suppressing all forms of forced labour, including trafficking in persons. 1. National strategies. In its previous comments, the Committee noted with interest the measures taken to strengthen the legislative and institutional framework to combat all forms of forced labour and encouraged the Government to pursue its efforts and provide information on the implementation of the various strategies adopted. The Committee notes the Government’s indication that in July 2018, it commissioned an Independent Review of the Modern Slavery Act 2015. The Government has accepted or partially accepted the majority of the recommendations contained in the final report. Among the measures taken, the Government indicates that it is considering how to strengthen the independence of the Independent Anti-Slavery Commissioner (IASC), which has among its tasks to prepare a new strategic plan. The Committee also notes that the Government publishes annual reports on progress made on tackling slavery. According to these reports, the Government agrees that improving evidence of the scale and nature of modern slavery is a priority, considering that this is a complex and largely hidden crime. The Government established the Modern Slavery Policy and Evidence Centre in autumn 2019, which commissioned new research to enhance the evidence-based reports on modern slavery and improve understanding thereof.

In relation to Scotland, the Committee notes the publication of annual progress reports on the implementation of the Human Trafficking and Exploitation Strategy adopted in May 2017. The strategy covers three areas: victim identification and support; identification of perpetrators and disruption of their activities; and root causes of trafficking and exploitation. According to the 2020 UK Annual Report on modern slavery, while the Strategy was considered fit for purpose, the Scottish Government is committed to working with all partners and other interests to develop a revised and updated Strategy.

The Committee notes that in Northern Ireland, the Department of Justice developed in partnership with statutory organizations and NGOs, its third Modern Slavery Strategy for 2019–2020 around three key themes: pursue, protect and prevent. The Committee observes that the Organized Crime Task Force (OCTF) regularly monitors progress made and documents results in its annual reports. The Government also indicates that the OCTF provides a strategic partnership forum and helps to develop strong relationships between statutory partners to address modern slavery.

The Committee welcomes the measures taken to continue to develop national strategies to address all forms of forced labour, and to assess regularly the impact of the measures taken. The Committee requests the Government to indicate whether the Independent Anti-Slavery Commissioner (IASC) has adopted a new strategic plan and, if so, to provide information on the measures envisaged and the steps taken for their implementation. It also requests the Government to provide information on any revised strategy adopted for Northern Ireland and Scotland. The Committee requests the Government to provide detailed and concrete information on the results of the regular assessments of these strategies, the obstacles identified and the measures taken to overcome them. It requests the Government to indicate the manner in which the social partners are consulted on the development and implementation of the strategies.

2. Measures to support due diligence to prevent and respond to risks of forced labour. In its previous comments, the Committee noted that under the Modern Slavery Act 2015, certain commercial organizations must disclose a slavery and human trafficking statement for each financial year indicating what they are doing to eradicate modern slavery from their organizations and their supply chains. The Committee notes that while welcoming this provision, the TUC considers that its application has not resulted in sufficient or quality statements. Companies can report that they have taken no steps to combat modern slavery. In relation to public procurement, the TUC indicates that the Government should be using the huge leverage of the public sector buying to raise the level of due diligence on human rights across the board, by ensuring that negligent companies cannot access procurement contracts.

In its reply, the Government indicates that it has put in place a central reporting service for annual transparency in supply chain statements; extended the transparency requirements to the public sector; and developed tools and guidance to support how public bodies conduct modern slavery due diligence. Under the Public Contracts Regulations 2015, bidders for public contracts who have been convicted of child labour or human trafficking offences under the Modern Slavery Act within the last 5 years must be excluded from public procurements. In March 2020, the first Government Modern Slavery Statement was published, which outlines the steps undertaken to drive responsible practices and prevent risks in Government supply chains. The Committee requests the Government to continue to provide information on the steps taken to support companies and public bodies to take measures to identify, prevent, mitigate and account for how they address the risks of forced labour in their operations or in products or services to which they may be directly linked.

3. Identification and protection of victims. The Committee notes that according to the 2020 UK Annual Report on modern slavery, in 2019, there were 10,627 potential victims referred to the national referral mechanism (NRM) by first responders (a 52 per cent increase from 2018). Victims came mainly from the United Kingdom, Albania, Vietnam, China and India. The most common reported exploitation type was labour exploitation (52 per cent), followed by sexual exploitation (33 per cent). According to the report, the increase in NRM referrals is likely to be indicative of greater awareness of the NRM and improved law enforcement activity. The Committee notes the Government’s indication that in Scotland, regulations have set to 90 days the period during which the provision of support and assistance to adult victims is considered necessary, taking into account the victims’ needs. It also notes the funding agreements concluded with NGOs in Scotland and Northern Ireland for the provision of material assistance and medical support to a growing number of victims (from 158 victims in 2016-2017 to 251 in 2018-2019 in Scotland; and from 20 to 38 in Northern Ireland for the same period).

The Committee notes that, in its observations, the TUC indicates that first responder organizations that refer victims to the NRM receive insufficient training on the identification and support of victims, and on the different steps of the NRM process. The TUC refers in particular to the process for reviewing negative decisions concerning the status of a victim (reasonable grounds decisions and conclusive grounds decisions). The TUC also refers to barriers in access to compensation, and emphasizes that assistance provided to victims should not be linked to a definite timeframe but rather respond to their needs.

The Committee notes that in its reply, the Government indicates that it has started a multi-agency review to identify what training first responders should receive and how it should be delivered. It also states that the Home Office is embarking on an ambitious NRM Transformation Programme to improve the decision-making process, and address the challenges faced in delivering needs-based support for victims.

The Committee requests the Government to provide information on the results achieved by the NRM Transformation Programme and on the measures taken to ensure that assistance and support is provided as soon as there are reasonable grounds to believe that a person is a victim of modern slavery and that this support is provided over a sufficient period of time for their recovery and rehabilitation. It requests the Government provide specific information on the number of victims who have benefitted from the different types of assistance (medical, psychological, material and legal support as well as temporary resident or work permits). The Committee also requests the Government to communicate statistics on the number of persons referred to the NRM, the number of negative reasonable or conclusive grounds decisions and the number of such decisions that have been reviewed by the competent authority.

4. Protection of migrant workers from possible abusive and fraudulent practices. The Committee notes that in its observation, the TUC indicates that the Government is planning to introduce a number of temporary sector specific migration programmes for EEA and non EEA workers. The TUC alleges that such sector specific visas present high risks for migrant workers by providing them an insecure status and requests the Government to ensure that the schemes adopted will be designed to create resilience to exploitation. The Committee also notes that the TUC indicates that analysis of government enforcement agencies shows that bodies tasked with protecting victims of modern slavery are also sharing information on their immigration status. The TUC expresses concern at this practice of reporting information on status by labour inspectors, which undermines the aims of victim identification, prevention of modern slavery and prosecutions. The Committee recalls in this regard that according to Article 4 of the Protocol all victims of forced labour, irrespective of their legal status in the national territory, shall have access to appropriate and effective remedies, such as compensation. The Committee requests the Government to provide its reply to the TUC’s observations and to indicate the measures taken to ensure that migrant workers are not placed in a position of accrued vulnerability to exploitation, are protected from abusive practices, have knowledge of their rights and have effective access to justice.

5. Law enforcement. The Committee takes note of the information provided by the Government on the measures taken to continue to improve awareness, training and capacities of frontline police officers and prosecutors, including through the Modern Slavery Police Transformation Programme in England and Wales; the appointment of a National Lead Prosecutor for Human Trafficking in Scotland; the issuance of guidance on identification and reporting of potential victims for frontline officers and the installation of specialized teams in the Public Prosecution Service (PPS) and the Police Service of Northern Ireland (PSNI). The Committee observes that, according to the 2020 UK Annual Report on Modern Slavery, in June 2020, there were 1,845 active law enforcement investigations, compared with 1,479 in June 2019. The number of prosecutions and convictions have also increased in England and Wales. The Committee notes that in Northern Ireland, the PSNI appoints a financial investigator for all modern slavery and human trafficking investigations and the assets of every potential suspect are considered for seizure. The Government also refers to the first two human trafficking convictions under the new Northern Ireland legislation, emphasizing that these cases did not rely on evidence provided by victims since no potential victims entered the NRM process pre-conviction. The Committee also notes the Government’s indication that new legislation has broadened the remit and strengthened the powers of the Gangmasters and Labour Abuse Authority (GLAA) which has investigated serious cases of labour exploitation across the entire economy in partnership with other enforcement bodies (the Employment Agency Standards (EAS) and the HMRC National Minimum Wage (NMW)).

The Committee encourages the Government to continue to strengthen the capacity of law enforcement bodies to properly identify and address situations of forced labour so that cases may be successfully prosecuted and effective and dissuasive sanctions imposed on perpetrators. It requests the Government to continue to provide information on the number of investigations, prosecutions and convictions. The Committee also requests the Government to provide more detailed information on the confiscation of assets of perpetrators as well as on slavery and trafficking reparation orders against offenders to compensate the victims.

Article (2)(2)(c). Privatization of prisons and prison labour. Work of prisoners for private companies. For a number of years, the Committee has been requesting the Government to take the necessary measures to ensure that formal, freely given and informed consent is required for the work of prisoners in privately operated prisons, as well as for all work of prisoners for private companies, both inside and outside prison premises.

The Committee notes the Government’s indication in its report that it continues to have in place a robust set of rules and regulations that ensure prisoner labour is not abused. The Government reiterates that it believes that work in prisons falls within the second exception in the Convention by ensuring public sector supervision of prison work carried out in both public and private sector prisons by means of: retaining rehabilitation as the primary purpose of the work; rigorous, independent inspections of both public and private sector prisons and workshops; the strong legislative framework that protects working conditions of prisoners; and their access to effective systems for complaints. The Government adds that work in prisons is a key part of successful prison whether public or private sectors operate it. It serves a number of important functions: providing prisoners with a purposeful activity; giving structure and meaning to prisoners’ days; contributing to improving prisoners’ mental and physical health; and most importantly, preparing prisoners for employment on release. The Government indicates that its flexible approach has enabled it to access new and innovative markets and to work with customers in novel ways, including employers opening employment academies in prison. The Government reiterates that it is keen to continually grow the number of employers who can provide valuable vocational work for offenders while in prison and who are able to offer them support in preparation for release and employment opportunities following their release.

While acknowledging the objective of rehabilitation pursued by the Government in providing work to convicted prisoners, the Committee is bound to reiterate that the privatization of prison labour exceeds the express conditions provided in Article 2(2)(c) of the Convention for exempting compulsory prison labour from the scope of the Convention. The Committee has already pointed out that Article 2(2)(c) expressly prohibits that convicted prisoners are hired to or placed at the disposal of private individuals, companies or associations, in the sense that the exception from the scope of the Convention provided for in this Article for compulsory prison labour does not extend to work of prisoners for private employers (including privatized prisons and prison workshops), even under public supervision and control. Thus, to be compatible with the Convention, the work of prisoners for private companies must not involve compulsion. It must require the formal, freely given and informed consent of the persons concerned, as well as further guarantees and safeguards covering the essential elements of a labour relationship, such as the level of wages, the extent of social security, and the application of regulations on safety and health. As the Committee has repeatedly pointed out, in spite of the express prohibition for prisoners to be hired to or placed at the disposal of private parties under the terms of the Convention, it is nevertheless fully possible for governments to apply the Convention when designing or implementing a system of privatized prison labour, once the above-mentioned requirements are complied with. Therefore, the Committee once again urges the Government to take the necessary measures to ensure that formal, freely given and informed consent is required for the work of prisoners in privately operated prisons, as well as for all work of prisoners for private companies, both inside and outside prison premises, with such consent being authenticated by the conditions of work approximating those of a free labour relationship.

The Committee is raising other matters in a request addressed directly to the Government.