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The GLA and Forced Labour

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  1. The GLA and Forced Labour Mark Heath Head of Operations (West)

  2. GLA Strategic Aim ‘Working in partnership to protect vulnerable and exploited workers’

  3. Working in Partnership • Role of the GLA • Legislation available to tackle Forced Labour, Trafficking and wider criminality • What the GLA will do • Partnership Working • Prevention • Next Steps

  4. Gangmasters Licensing Authority • Set up by Gangmasters (Licensing) Act 2004 • An Act to make provision for the licensing of activities involving supply or use of workers in the regulated sector • Created four offences under s12 (x2), s13 and s18 • Licensing commenced on 1 April 2006 • Approximately 1150 licences in issue at any one time

  5. Red Tape Challenge • Written Ministerial Statement of 24 May 2012 • Ensure GLA targets suspected serious and organised crime by working more closely with the Serious Organised Crime Agency and other specialist law enforcement agencies • Ensure evidence of worker exploitation by unlicensed gangmasters or licence holders will contribute effectively to continued successful investigation and prosecution of organised crime groups and assist in the earlier identification of the victims of human trafficking

  6. GLA Priorities • Preventing Worker Exploitation • Protecting Vulnerable People • Tackling (prosecuting) unlicensed criminal activity

  7. Tackling unlicensed/criminal activity & ensuring those licensed operate within the law Protecting vulnerable workers Preventing worker exploitation Work in partnership to protect vulnerable and exploited workers PROUD Values & Principles

  8. The Gangmasters (Licensing) Act • A person commits an offence under s12 of the Gangmasters (Licensing) Act 2004 if he acts as a gangmaster in contravention of s6 • Which states that a person shall not act as a gangmaster except under the authority of a licence

  9. GLA Licensing Standards • Licence holders need to comply with a number of standards to retain their licence to supply workers. • Reflect the legislation fromother government depts to ensure workers are not subject to exploitation • Licensing Standard 3 mirrors the indicators of forced labour and covers: • Physical and Mental Mistreatment • Restricting Workers movement, debt bondage, retained ID • Withholding Wages

  10. Intelligence • Central Intelligence section – Intelligence Manager plus 6 personnel • Regional Field Intelligence Officers (2 but hope to increase) • Work to NIM principles • Introducing OCG Mapping – feed into ROCU’s • Analytical capability: Problem/Target/Network profiles • Intelligence Database NIM compliant • Data Comms SPOC • Limited Directed Surveillance capability (static)

  11. GLA Integrated Operating Model Non compliance Compliance Organised crime Complete disregard and evasion Ignorant avoidance Honest triers Fully compliant Ongoing support and advice Full scale regulatory action Disruption RISK ASSESSMENT

  12. Forced labour and the law • Section 71 of the Coroners and Justice Act 2009 (England, Wales and Northern Ireland) • Section 47 of the Criminal Justice and Licensing Act 2010 (Scotland) • Anyone found guilty of engaging in forced labour may be subject to a maximum sentence of 14 years in prison

  13. Coroners and Justice Act • Creates an offence of holding a person in slavery or servitude or requiring them to perform forced or compulsory labour • The offence is available in circumstances where the person was not trafficked • they might be a British Citizen or came to the UK voluntarily, or • the trafficking element cannot be proved to the criminal standard. • this also carries the same penalties as trafficking for forced labour

  14. Asylum and Immigration Act 2004 • Creates specific offences (section 4) of trafficking another person for the purposes of domestic servitude or forced labour (behaviour contravening Article 4 of the European Convention of Human Rights – slavery or forced labour)

  15. United Nations Palermo Protocol • “Trafficking in persons” shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability, or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. • Exploitation shall include, at a minimum, the exploitation of the prostitution of others, or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.

  16. The Protection of Freedoms Act 2010 • Revised s4 to cover any involvement in trafficking individuals out of the UK, as well as into, and that a UK national commits the offence wherever they were when they were involved in the commission of the offence • Persons can be trafficked within the UK for the purpose of forced labour

  17. Other Offences • Fraud Act 2006 • Proceeds of Crime Act 2002

  18. Linked Offences

  19. National Referral Mechanism • Apr 2009 to Mar 2011 - 1481 cases referred to NRM • 465 on the basis of forced labour - 31.4% • 621 on the basis of sexual exploitation - 41.93% • Apr 2011 to Mar 2012 - 1186 cases referred to NRM • 370 on the basis of forced labour - 31.12% • 480 on the basis of sexual exploitation - 40.47%

  20. Case totals 2009/11 and 2011/12

  21. ACPO, UKBA, GLA, CPS The 2012 MOUs • It states: • The benefits of a joint investigation include the GLA’s experience and operational expertise of employment legislation, treatment of workers, their terms and conditions of service, and in interviewing potential victims in this crime area

  22. Strategy • Partnership Working • Engaging Stakeholders • Victim Support • Prevention • Communication

  23. What the GLA will do • Deal with potential victims if they present themselves to us, duty of care as first responder • If for any reason GLA cannot offer immediate assistance liaise with relevant partner • Assist with victim/witness interviews and evidence gathering • Liaise with UKHTC and Salvation Army/Migrant Helpline • Advice on Forced Labour • Assist in completing NRM Forms • Secure evidence • Work alongside investigative teams • Open up opportunity for POCA – Financial Investigation • Support development of cases through intelligence

  24. What the Police/Partners can do for GLA • Support joint enquiries and lead on forced labour and trafficking cases • If unable to deal with wider offences - say so! • Provide up-to-date intelligence • Identify cases of joint interest • Contribute to prevention strategy with large agencies and labour users within force area • Assist in GLA deterrence and disruption activity

  25. Risks • Community Tension • Increase in acquisitive crime • Increase in assaults • Health Risks through alcohol and drug dependency • Health and safety in the workplace • Risk to workers family in own country

  26. Current Gaps • Lack of awareness • Public • Industry • Partners • Workers • Co-ordinated response, not always possible • Identifying best means of support for potential victims • Advice and guidance

  27. Recent Cases • Workers recruited in home country • Brought to addresses in the UK • Placed in houses with a controller/enforcer • Placed in work in regulated sector with licensed agencies • No control over bank cards • Taken to withdraw money • Fear of assault if wages not paid over • Actual assaults if step out of line • Become alcohol dependent

  28. Accommodation

  29. Poor conditions

  30. Health and safety issues

  31. Lessons Learned • Have streamlined process for making licensing decision • Manage expectations of victim and other partners • Media strategy in place - closely controlled by lead agency • Early engagement and understanding of respective roles • Where possible have support systems in place prior to intervention

  32. What next? • Ensure all officers are trained as ‘first responders’ • Raise awareness with police and other enforcement agencies • Prepare and issue SOPS for dealing with potential trafficking victims • Work closely with UKHTC and Salvation Army to ensure smooth process and reduce trauma for potential victims • Promote best practice in order to prevent exploitation and opportunities for forced labour. • Financial Investigators/Intelligence Officers • Work with overseas partners

  33. Prevention • Already working with Industry to identify threats • Identifying lessons learned with partners • Developing advice for issue by trade representatives • Supply chain protocol • Engaging overseas partners to make workers aware of risks/indicators of forced labour • Development of website • Promote successes • Act as focal point for advice

  34. Contact • enquiries@gla.gsi.gov.uk • 0845 6025020 • intelligence@gla.gsi.gov.uk • 0115 9597052

  35. Questions and comments?