Recommendation 53

HM Government · verbatim extract Accepted

The Government recognises the scale and complexity of the solar supply chain, as well as the significant challenge of eradicating the scourge of forced labour across all sectors. As part of our commitment under the Solar Roadmap, we are working collaboratively with a broad range of stakeholders, including civil society organisations, to develop and implement lasting and evidence-based solutions. Furthermore, the Government will continue to monitor and interrogate the effectiveness of the Solar Stewardship Initiative as it is rolled out, alongside other relevant standards, ensuring that they are fit for purpose, and we will not hesitate to take further action if necessary. To support this work, the Solar Council will serve as a key vehicle for dialogue between government and industry to evaluate progress against the Roadmap’s recommendations. Where necessary, the Council may convene ad-hoc working groups to accelerate action on specific challenges. 16 Access to justice for survivors JCHR Recommendation 29 29. 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 they had adequate procedure in place to prevent such forced labour. It would be a defence for the corporation to demonstrate that they did have adequate procedures in place, for example due diligence processes. Those corporations which could not discharge that burden would be liable to pay compensation to the victims. (Paragraph 271) Government Response The RBC review will consider the effectiveness of the UK’s current regime and alternative means of supporting responsible business practices. A range of measures will be considered as part of the review, including consideration of measures that introduce a ‘failure to prevent’ obligation related to forced labour, amongst other harms. We have also established the Office for Responsible Business Conduct (ORBC) to replace the UK National Contact Point. The ORBC operates a non-judicial dispute resolution mechanism in respect to complaints about breaches of the OECD Guidelines on Responsible Business Conduct. Where businesses’ operations or supply chains are not in line with the Guidelines, the ORBC’s complaints mechanism examines claims made against UK multinational enterprises under the Guidelines and seeks to mediate an agreement between the parties. Where parties fail to reach a mediated agreement the ORBC can issue voluntary recommendations. Replacing the UK NCP with the Office for RBC more accurately reflects our mission and will improve visibility of its work, which in turn encourages accessibility to the complaints system. The function will continue to sit within DBT and provide a single front door for UK businesses, trade unions and civil society on these issues. The Government will work to make it as effective as possible in supporting businesses to integrate responsible practices into their operations through the OECD Guidelines for Multinational Enterprises (MNEs) and in helping victims of corporate malpractice achieve access to remedy. The RBC review is also assessing what measures may be required to further enhance the functions and impact of the Office for RBC. 17 The survivor voice in policy making JCHR Recommendation 30 30. We recommend that the Government works with the IAS Commissioner and takes the necessary steps—including financial—to facilitate the creation of a Survivor Advisory Council. (Paragraph 280) Government Response We remain committed to amplifying survivor voices and recognise the valuable contribution that people with lived experience can make to meaningful legislative change and policy reform. After careful consideration, we have concluded that establishing a dedicated Survivor Advisory Council is not the most effective approach. We will continue to strengthen collaboration with existing sector-led Lived Experience Advisory Panels (LEAPs), which offer safe, inclusive spaces and diverse survivor perspectives. We welcome the opportunity to work with the Independent Anti-Slavery Commissioner on this. 22