Recommendations & Conclusions
10 items
2
Recommendation
6th Report - Forced Labour in UK Supply…
Deferred
There is currently a piecemeal and ad hoc approach to addressing forced labour using domestic policy. This does not prevent goods linked to forced labour being sold in the UK, nor provide clarity for businesses. (Conclusion, Paragraph 31) New legislation is needed to ensure that the UK’s market is protected …
Government response. The government states it is actively considering legislative vehicles to strengthen the Modern Slavery Act and will continue to consider ways to enhance the Section 54 regime, but does not commit to introducing new legislation with all specified provisions within …
Ministry of Justice
7
Recommendation
6th Report - Forced Labour in UK Supply…
Deferred
Government should strengthen the reporting duty under s.54 by establishing effective accountability mechanisms for non-compliance. (Recommendation, Paragraph 60)
Government response. The government states that its Responsible Business Conduct (RBC) review will consider approaches taken by trading partners and how to promote a coordinated approach, deferring specific action on strengthening reporting duties and accountability mechanisms.
Ministry of Justice
9
Recommendation
6th Report - Forced Labour in UK Supply…
Deferred
Government should extend the TISC reporting duty to public organisations. (Recommendation, Paragraph 62)
Government response. The government states it will consider extending the Section 54 reporting duty (Modern Slavery Act) to public bodies as part of the Responsible Business Conduct Review and active consideration of legislative vehicles to strengthen the Act.
Ministry of Justice
10
Recommendation
6th Report - Forced Labour in UK Supply…
Deferred
The UK’s current approach of relying on voluntary implementation of due diligence is not effectively tackling forced labour in supply chains. Implementing mandatory human rights due diligence requirements for companies would level the playing field and be welcomed by many responsible businesses. (Conclusion, Paragraph 76) The Government should legislate to …
Government response. The government is deferring action on mandatory human rights due diligence by launching a review and carrying out a National Baseline Assessment, which will inform future policy consideration. They have also established the Office for Responsible Business Conduct.
Ministry of Justice
12
Recommendation
6th Report - Forced Labour in UK Supply…
Deferred
SMEs should be subject to lighter mHRDD requirements than larger companies, which should be proportional and risk-based to manage the specific risks of forced labour in their supply chains. Policymakers should support SMEs with guidance, tools and resources to help them comply without excessive burdens. (Recommendation, Paragraph 91)
Government response. The government states it is actively reviewing the effectiveness of existing UK measures, including as part of the Responsible Business Conduct (RBC) review, and considering various approaches to tackle forced labour in supply chains, which would include implications for SMEs.
Ministry of Justice
16
Conclusion
6th Report - Forced Labour in UK Supply…
Deferred
Regulatory oversight and accountability measures will be required to ensure compliance with the new due diligence requirements. (Conclusion, Paragraph 105)
Government response. The government agrees that effective coordination is integral but states that decisions on specific oversight and enforcement measures will be made in light of ongoing policy development and resource considerations.
Ministry of Justice
29
Recommendation
6th Report - Forced Labour in UK Supply…
Deferred
The UK’s import ban should establish or designate a responsible body to oversee the implementation of the import ban by facilitating data sharing and co-ordinating activity between different law enforcement agencies. Such a body must be provided with adequate powers and resources to fulfil this function. (Recommendation, Paragraph 156) 79 …
Government response. The government states a Responsible Business Conduct (RBC) review will consider measures, and notes the establishment of the Office for Responsible Business Conduct (ORBC) for non-judicial dispute resolution, but does not commit to establishing a specific body for overseeing an …
Ministry of Justice
31
Recommendation
6th Report - Forced Labour in UK Supply…
Deferred
The NCA and Border Force should use the existing powers under POCA to prevent goods linked to forced labour being sold in the UK and to seize assets linked to forced labour. (Recommendation, Paragraph 179) Free Trade Agreements
Government response. The government redirected the recommendation, stating it cannot direct how the existing POCA powers are used by law enforcement agencies, and that operational decisions are a matter for the National Crime Agency.
Ministry of Justice
48
Conclusion
6th Report - Forced Labour in UK Supply…
Deferred
The UK’s demand for imported critical minerals is highly likely to increase in the future as the green energy transition progresses. Based on the evidence we heard, the Committee is concerned that there is not a clear strategy for managing the risks of forced labour associated with critical minerals. (Conclusion, …
Government response. The government acknowledges the importance of high ESG standards for critical minerals and states that a new Critical Minerals Strategy, expected in 2025, will refine its approach to responsible supply chains.
Ministry of Justice
55
Recommendation
6th Report - Forced Labour in UK Supply…
Deferred
The Government should implement the recommendation of the JCHR’s 2017 report. A civil cause of action of failure to prevent forced labour should be created, with the burden placed on the relevant corporation to prove that 82 they had adequate procedure in place to prevent such forced labour. It would …
Government response. The government deferred the recommendation, stating that the Responsible Business Conduct review will consider the effectiveness of the current regime and alternative measures, including the creation of a 'failure to prevent' obligation for forced labour.
Ministry of Justice