Source · Select Committees · Home Affairs Committee
Recommendation 57
57
Deferred
Paragraph: 174
Amend Modern Slavery Act to remove travel requirement and clarify victim consent irrelevance
Conclusion
The definition of human trafficking in the Modern Slavery Act 2015 should be amended to remove the requirement for the exploitation to have involved travel. a) The Modern Slavery Act 2015 should be amended to clarify that the consent of the victim is irrelevant not just in relation to the travel, but in relation to the exploitation itself.
Government response summary AI-generated
The government's response highlights the UK's commitment to tackling modern slavery and human trafficking internationally through diplomatic and development tools, without addressing the specific recommendation to amend the Modern Slavery Act 2015 regarding the definitions of travel and victim consent.
Summary of the government's response below — read the verbatim text to verify.
Paragraph Reference:
174
Government Response
Deferred
HM Government · verbatim extract
Deferred
66. The Government does not accept the recommendation to amend the definition of human trafficking in the Modern Slavery Act 2015. The UK definition of human trafficking is consistent with the UN Palermo Protocol and the Council of Europe Convention on Action against Trafficking in Human Beings (ECAT). The Government believes that the current definition in the Modern Slavery Act 2015 is robust and effective. It defines human trafficking by applying a three-element approach: the ‘action’ of moving or facilitating the movement of a person; the ‘means’ used (e.g. coercion, abduction, deception, abuse of power); and the ‘purpose’ of exploitation. The ‘action’ element does not explicitly require cross-border movement – it can take place wholly within a country’s borders. 67. The Modern Slavery Act 2015 already makes clear that consent to the trafficking conduct is irrelevant in terms of whether the crime has been committed. The Act states in s3(4) that 'it is immaterial whether a person consents to any of the acts alleged to constitute trafficking' and in s1(3) that 'it is immaterial whether the person is a child or an adult'. The Government has no plans to amend the legislation.
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