Written submission from the Independent Anti-Slavery Commissioner (ERB0106)

Following my oral evidence in front of the committee last month, I am writing to share a brief from my office with additional evidence. The brief highlights:

• The need for effective government leadership, ownership, and allocation of distinct parts of UK’s anti-slavery efforts – delineating responses to labour market enforcement domestically, and corporate accountability internationally.
• The powers and partnerships the Fair Work Agency (FWA) needs to prevent and prosecute slavery.
• The need to prioritise legislative reform, focusing on Mandatory Human Rights Due Diligence and leadership through public procurement first.

The opportunity that you have now, to enhance the UK’s anti-slavery efforts both

domestically and internationally is critical. I thank you for your efforts and for inviting me to share my views before the committee to help ensure that modern slavery victims’ voices and needs are heard, and systems are built to identify and protect them.

Government Leadership & Ownership of Slavery in Supply Chains             

Government ownership of the different elements to tackling slavery and slavery in supply chains needs to be clear to ensure adequate leadership, accountability, and protection of modern slavery victims.

Domestic Labour Market Enforcement and Corporate Accountability & Due Diligence mechanisms are two separates but connected areas. Their design, implementation, and set of stakeholders are distinct and require different skillsets that need to be assigned strategically if the UK is going to effectively tackle slavery, domestically and internationally. The FWA should focus on domestic labour market in enforcement, while DBT’s Responsible Business Conduct team, in partnership with FCDO and Home Office, should lead on discussions around UK’s global supply chain legislation -- whether that is the efficacy of the UK Modern Slavery Act, the introduction of Mandatory Human Rights Due Diligence or Import Bans. This delineation and strategic coordination is critical for the efficacy and focus of operationalising the UK’s anti-slavery efforts.

HMG needs to carefully consider whether DBT is better placed to manage and monitor the implementation of Section 54 of the Modern Slavery Act, and if it were to do so, how it would ensure that commitments to modern slavery would not be lost in broader human rights efforts.

Fair Work Agency – Powers, Partnership & Protection             

The Fair Work Agency will incorporate the powers of the GLAA, currently sponsored by the Home Office, and DBT will take over sponsorship and deployment of modern slavery enforcement powers. It is critical that modern slavey expertise is maintained, and the GLAA’s responsibilities – both in police partnership, and victim referral and support are preserved.

• GLAA are a ‘First Responder Organisation’ that has a duty to refer potential victims into the National Referral Mechanism (NRM), the UK government system for identifying victims of human trafficking. It needs to be clear which officers will have a responsibility and duty to refer potential victims into the NRM and that they are adequately trained.             
• Modern Slavery is a serious and organised crime that requires policing partnership. The FWA’s relationship with the Police is critical to prosecuting modern slavery crime. Building trusted working relationship with the Police is critical to prosecuting modern slavery crime and needs upfront investment to ensure the right processes and partnerships are in place when the FWA is launched.
• Protection for modern slavery victims via secure reporting. The Fair Work Agency must address barriers to reporting, particularly those arising from the employer-visa sponsor relationship and develop safe and protected data partnerships with the Home Office. Migrant workers may avoid reporting employment breaches due to fear of immigration enforcement, such as losing their visa sponsor or triggering action against colleagues. To build trust in the Fair Work Agency, workers must be assured that their concerns will be prioritized, and that secure reporting pathways will protect their personal data from being shared with other agencies, including Immigration Enforcement, without consent. The Employment Rights Bill should open up conversations about bridging visas that can remove the risk of visa cancellation by a vengeful sponsor and permitting them to find alternative employment while an abuse claim is being pursued. An example of this, is the Australian Workplace Justice Visa.

Slavery in Supply Chains legislation reform – Leadership & Prioritisation             

As the UK looks to improve its legislative response to forced labour in global supply chains – it is critical that the Government leads by example in public procurement, acts with urgency to catch up with international partners on Mandatory Human Rights Due Diligence, and prioritises its efforts.

The UK must look at how to use all its levers, including trade deal negotiations and import bans, to eradicate forced labour. However, first, the UK must catch up with international partners and prioritise alignment by implementing Mandatory Human Rights Due Diligence and, lead by example through its public procurement, ensuring that Governments supply chains are working to eliminate slavery

Government needs to tackle modern slavery in its own supply chains, and this needs to be across Government, lead by the Cabinet Office, not in an isolated initiative within the Department of Health & Social Care as is currently the case.

Mandatory Human Rights Due Diligence needs to be implemented urgently to meet requests from the private sector to level the playing field, and, to align with international efforts. It is critical that this is implemented as a proactive measure now.

February 2025