The GLA and Forced Labour

1. The GLA and Forced Labour Mark Heath

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

3. 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

4. GLA Licensing Standards • Licence holders need to comply with a number of standards to retain their licence to supply workers • Reflect the legislation from other 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

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. 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

8. Coroners and Justice Act 2009 • Section 71 of the Coroners and Justice Act 2009 (England, Wales and Northern Ireland) and Section 47 of the Criminal Justice and Licensing Act 2010 (Scotland) • holding a person in slavery or servitude or forcing them to work is an offence that carries a maximum sentence of 14 years in prison • The offence is available in circumstances where the person was not trafficked

9. Other legislation • Asylum and Immigration Act 2004, s4 creates offence of trafficking another person for the purposes of domestic servitude or forced labour • The Protection of Freedoms Act 2010 • Fraud Act 2006 • Proceeds of Crime Act 2002

10. Number of cases • Apr 2009 to Mar 2012 - 2667 cases referred to National Referral Mechanism • 835 on the basis of forced labour - 31% • 1101 on the basis of sexual exploitation - 41% • The number of cases identified during 2013/13 is showing a significant increase

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

12. 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 Help • Give advice on Forced Labour issues to industry and partners • Assist in completing NRM Forms • Secure evidence • Work alongside investigative teams • Open up opportunity for POCA – Financial Investigation • Support development of cases through intelligence

13. What the Partners can do for us • 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 • Assist in GLA deterrence and disruption activity

14. 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

15. Perceptions/Reality • Forced Labour is perceived as: • Workers being held under lock and key • Workers only allowed out to go to work • Workers being accompanied by controllers at all time • Workers having no control of documents • The reality is that some of those indicators are prevalent but often the coercion and control is more subtle.

16. 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

17. What next? • Ensure all officers are trained as ‘first responders’ • Raise awareness with police and other enforcement agencies • 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 • Work with overseas partners

18. Contact • enquiries@gla.gsi.gov.uk • 0845 6025020 • intelligence@gla.gsi.gov.uk • 0800 432 0804 • 0115 9597052

19. Questions and comments?